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ZONING BYLAW
VILLAGE OF PEMBERTON
BYLAW NO. 832, 2018
CONSOLIDATED VERSION
Final Readings
July 24, 2018
LAST OFFICE CONSOLIDATION: December 18, 2025
OFFICE CONSOLIDTION: March 26, 2021
This document is an office consolidation of the Village of Pemberton Zoning Bylaw No. 832, 2018 (adopted
July 24, 2018) and subsequent amendments adopted by Village Council.
All persons making use of this consolidation are reminded that it has no Council sanction, that amendments
have been incorporated only for convenience of reference, and that for all purposes of interpretation and
application that original bylaw should be consulted.
The Village of Pemberton will, in no event, be liable or responsible for damages of any kind arising out the
use of this consolidation.
This is not the official version of the Village of Pemberton Zoning Bylaw No. 832, 2018, nor is it admissible
in a court of law. For such purposes, official certified copies can be obtained from the Village Office or by
contacting us at: [email protected].
2
Village of Pemberton Zoning Bylaw 832, 2018
List of Amending Bylaws
BYLAW
NO.
SECTION
DESCRIPTION
ADOPTED
841
Part 13 &
Part 14
Correct Provisions of the RSA-1, RTA-1, RSA-2
and RTA-2
October 16, 2018
847
Part 3 &
Part 15.1
Define and add 'Cannabis, Retail' as a
permitted use in the C-1 Zone
October 16, 2018
862
Various
Housekeeping Amendments
May 7, 2019
869
Part 13.3
Add "Residential Amenity 3, Sunstone (RSA-3)"
November 19, 2019
883
Part 13.2.1
& 13.2.3
Sunstone RTA-1 Text Amendment to add
'Dwelling, Duplex' as a permitted use
June 16, 2020
889
Part 15
Add "Child Care Centre" as a permitted use in
the C-1, C-2, C-3, C-4, and C-5 Zones
October 20, 2020
903
Part 18.5
Delete and Replace Section 18.5:
Comprehensive Development Zone 5 (Tiyata -
Ecole de la Vallee)
May 17, 2022
924
Various
Amendment (Housekeeping)
May 17, 2022
936
Part 3 &
18.6
Add "Community Services, Non-Profit"
Amend Schedule "A" Zoning Map
Add "Comprehensive Development Zone 6 (CD-
6) SSCS Harrow Rd Affordable Housing"
October 17, 2023
948
Part 18.7
Amend Schedule "A" Zoning Map
Add "Comprehensive Development Zone 7 (CD-
7) Prospect Apartments"
April 9, 2024
960
Various
Updates to Small Scale Multi Unit Housing
Compliance and Short-Term Vacation Rentals,
CD-5 Zone
May 28, 2024
966
Part 18.8
Amend Schedule "A" Zoning Map
Add "Comprehensive Development Zone 9 (CD-
9) Parkside 7362 Pemberton Farm Road East"
October 22, 2024
975
Various
Amend Schedule "A" Zoning Map
Amendment (HAF Initiatives - SSMUH -
Density - Parking)
December 10, 2024
994
Part 8.3 &
8.7
Delete and Replace Section 8.3: Residential
Off-Street Parking Requirements Table
Amend Section 8.7 Off-street Parking
Reductions
October 7, 2025
1000
Part 3, 6, 7,
11, 13, 14,
18
Removal of "Vacation" from "Short-term
Vacation Rental" throughout the bylaw
Add "Home Occupation" as an Accessory Use
in CD Zones
November 25, 2025
Village of Pemberton Zoning Bylaw 832, 2018
3
VILLAGE OF PEMBERTON
ZONING BYLAW NO 832, 2018
Table of Contents
Table of Contents .......................................................................................................................... 3
PART 1:
Application ...................................................................................................... 14
1.1
Title ................................................................................................................ 14
1.2
Schedules ...................................................................................................... 14
1.3
Purpose .......................................................................................................... 14
1.4
Application of Bylaw ....................................................................................... 14
1.5
Violation ......................................................................................................... 14
1.6
Penalty ........................................................................................................... 15
1.7
Severability ..................................................................................................... 15
1.8
Enforcement ................................................................................................... 15
PART 2:
Interpretation .................................................................................................. 16
2.1
Interpretation .................................................................................................. 16
2.2
Explanatory Notes and Figures....................................................................... 16
2.3
Conflicting Regulations ................................................................................... 16
2.4
General and Specific Regulations ................................................................... 17
2.5
Bylaw Format ................................................................................................. 17
2.6
Covenants Against Buildings, Structures, Subdivision or Use ......................... 17
PART 3:
Definitions ...................................................................................................... 18
PART 4:
Measurements and Calculations ..................................................................... 43
4.1
Measurement Guidelines ................................................................................ 43
4.2
Abbreviations .................................................................................................. 43
4.3
Metric Conversion, Measurements and Abbreviations .................................... 43
4.4
Building and Structure Height ......................................................................... 44
4.5
Fence Height .................................................................................................. 44
4.6
Density Calculation with Land Dedication ....................................................... 44
4.7
Floor Area ...................................................................................................... 45
4.8
Floor Area Ratio (FAR) ................................................................................... 45
4.9
Gross Floor Area (GFA).................................................................................. 46
4.10
Lot Coverage .................................................................................................. 46
4.11
Maximum Number, Size, and Density ............................................................. 46
4.12
Minimum Lot Size and Dimensions ................................................................. 46
4.13
Projections into Required Setback and Exceptions to Siting Requirements .... 47
4.14
Setback from Lot Line ..................................................................................... 47
4.15
Sight Line Requirements at Intersections ........................................................ 48
PART 5:
Establishment of Zones .................................................................................. 49
5.1
Creation of Zones ........................................................................................... 49
5.2
Zone Boundaries ............................................................................................ 49
5.3
Zone Names ................................................................................................... 50
5.4
Comprehensive Development Zones .............................................................. 51
Village of Pemberton Zoning Bylaw 832, 2018
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PART 6:
General Regulations ....................................................................................... 52
6.1
General Compliance ....................................................................................... 52
6.2
General Prohibitions ....................................................................................... 52
6.3
Uses Permitted in All Zones ........................................................................... 52
6.4
Uses Prohibited in Zones ................................................................................ 53
6.5
Subdivision of Land ........................................................................................ 54
6.6
Undersized Lots ............................................................................................. 55
6.7
Conversion of Buildings or Structures ............................................................. 55
6.8
Small Scale Multi Unit Housing (Amendment Bylaw No. 975, 2024/Adopted
December 10, 2024) ....................................................................................... 55
PART 7:
Additional Zoning Regulations For Certain Uses ............................................ 57
7.1
Accessory Buildings or Structures and Uses .................................................. 57
7.2
Accessory Greenhouse .................................................................................. 57
7.3
Accessory Residential Dwellings .................................................................... 58
7.4
Agricultural Uses Permitted and Prohibited in the Agriculture Zone ................ 58
7.5
Agri-tourism Activities ..................................................................................... 58
7.6
Backyard Hen Keeping ................................................................................... 59
7.7
Backyard Bee Keeping ................................................................................... 59
7.8
Bed and Breakfast .......................................................................................... 60
7.9
Bed and Breakfast Inn (Amendment Bylaw No. 960, 2024/Adopted May 28,
2024) .............................................................................................................. 60
7.10
Carriage Houses (Amendment Bylaw No. 975, 2024/Adopted December 10,
2024) .............................................................................................................. 61
7.11
Combined Commercial Residential Use (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019) ........................................................................... 61
7.12
Compost Bins ................................................................................................. 61
7.13
Farm Event, Gathering for a ........................................................................... 62
7.14
Farm Stands ................................................................................................... 62
7.15
Fences (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019) ................. 62
7.16
Food Truck ..................................................................................................... 63
7.17
Home Occupation ........................................................................................... 63
7.18
Intermodal Storage Containers ....................................................................... 64
7.19
Mixed Use Buildings ....................................................................................... 65
7.20
Outdoor Equipment Storage Facility ............................................................... 65
7.21
Retaining Walls .............................................................................................. 65
7.22
Screening ....................................................................................................... 66
7.23
Secondary Suites (Amendment Bylaw No. 975, 2024/Adopted December 10,
2024) .............................................................................................................. 66
7.24
Short-Term Vacation Rental (Amendment Bylaw No. 960, 2024/Adopted May
28, 2024) ........................................................................................................ 67
7.25
Subdivision to Provide a Residence for a Relative .......................................... 67
7.26
Subdivision of Lots Separated by Roads or another Lot ................................. 67
7.26.1
Swimming Pools, Spas and Hot (Amendment Bylaw No. 924, 2022/Adopted
May 17, 2022) ................................................................................................ 68
7.27
Temporary Use Permits .................................................................................. 68
7.28
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)............ 68
7.29
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)............ 68
Village of Pemberton Zoning Bylaw 832, 2018
5
7.30
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)............ 68
7.31
Workforce Housing (Amendment Bylaw No. 975, 2024/Adopted December 10,
2024). ............................................................................................................. 68
7.31.1
Building Regulations ....................................................................................... 69
7.31.2
Off-Street Parking Requirements .................................................................... 69
PART 8:
Parking and Loading Requirements ................................................................ 70
8.1
Off-Street Parking General Requirements ........................................................ 70
8.2
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)............ 71
8.3
Residential Off-Street Parking Requirements (Amendment Bylaw No. 994,
2025/Adopted October 7, 2025 ) ..................................................................... 71
8.4
Commercial Vehicular Parking Requirements ................................................. 72
8.5
Industrial Parking Requirements ..................................................................... 72
8.6
Civic, Institution, and Recreation Parking Requirements................................. 73
8.7
Off-Street Parking Reductions (Amendment Bylaw No. 994, 2025/Adopted
October 7, 2025) ............................................................................................ 74
8.8
Cash-in-Lieu of Parking .................................................................................. 74
8.9
Parking for Persons with a Disability ............................................................... 75
8.10
Repealed (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024) .. 75
8.11
Off-Street Parking Design Criteria, Development and Maintenance ................ 76
8.12
Off-Street Loading Requirements ................................................................... 77
8.13
Alternative to Off-Street Parking ..................................................................... 78
PART 9:
Zoning Boundaries and Regulations ............................................................... 79
9.1
Zones ............................................................................................................. 79
PART 10:
Agricultural Zones........................................................................................... 80
10.1
Agriculture 1 (A-1) .......................................................................................... 80
10.1.1 Permitted Principal Uses .................................................................................... 80
10.1.2 Permitted Accessory Uses ................................................................................. 80
10.1.3 Conditions of Use ............................................................................................... 80
10.1.4 Lot Regulations .................................................................................................. 81
10.1.5 Building Regulations .......................................................................................... 81
10.2
Rural Residential 1 (RR-1) .............................................................................. 82
10.2.1 Permitted Principal Uses .................................................................................... 82
10.2.2 Permitted Accessory Uses ................................................................................. 82
10.2.3 Lot Regulations .................................................................................................. 82
10.2.4 Building Regulations .......................................................................................... 82
PART 11:
Residential Zones, Detached .......................................................................... 83
11.1
Residential 1 (R-1) .......................................................................................... 83
11.1.1 Permitted Principal Uses .................................................................................... 83
11.1.2 Permitted Accessory Uses ................................................................................. 83
11.1.3 Lot Regulations .................................................................................................. 83
11.1.4 Building Regulations .......................................................................................... 83
11.1.5 Conditions of Use: .............................................................................................. 83
11.2
Residential 2, Small Lot (R-2) ......................................................................... 84
11.2.1 Permitted Principal Uses .................................................................................... 84
11.2.2 Permitted Accessory Uses ................................................................................. 84
Village of Pemberton Zoning Bylaw 832, 2018
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11.2.3 Lot Regulations .................................................................................................. 84
11.2.4 Building Regulations .......................................................................................... 84
11.2.5 Conditions of Use: .............................................................................................. 84
11.3
Residential 3, Duplex Lot (R-3) ....................................................................... 85
11.3.1 Permitted Principal Uses .................................................................................... 85
11.3.2 Permitted Accessory Uses ................................................................................. 85
11.3.3 Conditions of Use ............................................................................................... 85
11.3.4 Lot Regulations .................................................................................................. 85
11.3.5 Building Regulations .......................................................................................... 85
11.4
Residential Country Inn (RC-1) ....................................................................... 86
11.4.1 Permitted Principal Uses .................................................................................... 86
11.4.2 Permitted Accessory Uses ................................................................................. 86
11.4.3 Lot Regulations .................................................................................................. 86
11.4.4 Building Regulations .......................................................................................... 86
11.5
Residential Manufactured Home Park 1 (MHP-1) ........................................... 87
11.5.1 Permitted Principal Uses .................................................................................... 87
11.5.2 Permitted Accessory Uses ................................................................................. 87
11.5.3 Density Regulations ........................................................................................... 87
11.5.4 Lot Regulations .................................................................................................. 87
11.5.5 Building Regulations .......................................................................................... 87
PART 12:
Residential Zones, Multi-Family ...................................................................... 88
12.1
Residential, Multi-Family 1 (RM-1) .................................................................. 88
12.1.1 Permitted Principal Uses .................................................................................... 88
12.1.2 Permitted Accessory Uses ................................................................................. 88
12.1.3 Density Regulations ........................................................................................... 88
12.1.4 Lot Regulations .................................................................................................. 88
12.1.5 Building Regulations .......................................................................................... 88
12.2
Residential, Multi-Family 2 (RM-2) .................................................................. 89
12.2.1 Permitted Principal Uses .................................................................................... 89
12.2.2 Permitted Accessory Uses ................................................................................. 89
12.2.3 Density Regulations ........................................................................................... 89
12.2.4 Lot Regulations .................................................................................................. 89
12.2.5 Building Regulations .......................................................................................... 89
12.3
Residential, Special Multi-Family 3 (RM-3) (Amendment Bylaw No. 975,
2024/Adopted December 10, 2024) ................................................................ 90
12.3.1
Permitted Principal Uses ................................................................................ 90
12.3.2
Permitted Accessory Uses .............................................................................. 90
12.3.3
Density Regulations ........................................................................................ 90
(a)
Maximum Dwelling Units per Hectare 50 ..................................................... 90
12.3.4
Lot Regulations .............................................................................................. 90
(a)
Minimum Lot Size 0.5 ha ........................................................................... 90
12.3.5
Building Regulations ....................................................................................... 90
12.3.6
Off-Street Parking Requirements .................................................................... 90
(a)
Off-Street Parking Requirements must comply with Part 8 of this bylaw. ........ 90
(b)
Notwithstanding Part 8 of this bylaw, off-street parking regulations may be
reduced to one (1) parking space for each residential dwelling unit. ............... 90
Village of Pemberton Zoning Bylaw 832, 2018
7
(c)
Off-street parking requirements may be further reduced and considered
through the development permit process or negotiated as part of a housing
agreement. ..................................................................................................... 90
PART 13:
Residential Amenity 1 Zones (Sunstone) ........................................................ 91
13.1
Residential Amenity 1, Sunstone (RSA-1) ...................................................... 91
13.1.1 Permitted Principal Uses .................................................................................... 91
13.1.2 Permitted Accessory Uses ................................................................................. 91
13.1.3 Conditions of Use ............................................................................................... 91
13.1.4 Lot Regulations .................................................................................................. 92
13.1.5 Building Regulations .......................................................................................... 92
13.1.6 Off-Street Parking .............................................................................................. 92
13.1.7 Screening and Landscaping ............................................................................... 92
13.1.8 Signage .............................................................................................................. 92
13.1.9 Watercourse Setbacks ....................................................................................... 92
13.2
Residential Townhouse Amenity 1, Sunstone (RTA-1) ................................... 93
13.2.1 Permitted Principal Uses .................................................................................... 93
13.2.2 Permitted Accessory Uses ................................................................................. 93
13.2.3 Conditions of Use: .............................................................................................. 93
13.2.4 Density Regulations ........................................................................................... 94
13.2.5 Lot Regulations .................................................................................................. 94
13.2.6 Building Regulations .......................................................................................... 94
13.2.7 Conditions of Use ............................................................................................... 95
13.2.8 Off-Street Parking .............................................................................................. 95
13.2.9 Screening and Landscaping ............................................................................... 95
13.2.10 Signage ............................................................................................................ 95
13.2.11 Watercourse Setbacks ..................................................................................... 95
13.3
Residential Amenity 3, Sunstone (RSA-3) ...................................................... 96
13.3.1 Permitted Principal Uses .................................................................................... 96
13.3.2 Permitted Accessory Uses ................................................................................. 96
13.3.3 Conditions of Use ............................................................................................... 96
13.3.4 Lot Regulations .................................................................................................. 97
13.3.5 Building Regulations .......................................................................................... 97
13.3.6 Off-Street Parking .............................................................................................. 97
13.3.7 Screening and Landscaping ............................................................................... 97
13.3.8 Signage .............................................................................................................. 97
13.3.9 Watercourse Setbacks ....................................................................................... 97
PART 14:
Residential Amenity 2 Zones (The Ridge) ...................................................... 98
14.1
Residential Amenity 2, The Ridge (RSA-2) ..................................................... 98
14.1.1 Permitted Principal Uses .................................................................................... 98
14.1.2 Permitted Accessory Uses ................................................................................. 98
14.1.3 Conditions of Use ............................................................................................... 98
14.1.4 Lot Regulations .................................................................................................. 99
14.1.5 Building Regulations .......................................................................................... 99
14.1.6 Off-Street Parking .............................................................................................. 99
14.1.7 Screening and Landscaping ............................................................................... 99
Village of Pemberton Zoning Bylaw 832, 2018
8
14.1.8 Signage .............................................................................................................. 99
14.1.9 Watercourse Setbacks ..................................................................................... 100
14.2
Residential Townhouse Amenity 2, The Ridge (RTA-2) ................................ 100
14.2.1 Permitted Principal Uses .................................................................................. 100
14.2.2 Permitted Accessory Uses ............................................................................... 100
14.2.3 Conditions of Use ............................................................................................. 100
14.2.4 Density Regulations ......................................................................................... 101
14.2.5 Lot Regulations: ............................................................................................... 101
14.2.6 Building Regulations: ....................................................................................... 101
14.2.7 Off-Street Parking ............................................................................................ 102
14.2.8 Screening and Landscaping ............................................................................. 102
14.2.9 Signage ............................................................................................................ 102
14.2.10 Watercourse Setbacks ................................................................................... 102
PART 15:
Commercial Zones ....................................................................................... 103
15.1
Commercial, Town Centre (C-1) ................................................................... 103
15.1.1 Permitted Principal Uses .................................................................................. 103
15.1.2 Permitted Accessory Uses ............................................................................... 103
15.1.3 Conditions of Use ............................................................................................. 104
15.1.4 Density Regulations ......................................................................................... 104
15.1.5 Lot Regulations ................................................................................................ 104
15.1.6 Building Regulations ........................................................................................ 104
15.2
Commercial, Tourism (C-2) .......................................................................... 106
15.2.1 Permitted Principal Uses .................................................................................. 106
15.2.2 Permitted Accessory Uses ............................................................................... 106
15.2.3 Conditions of Use ............................................................................................. 106
15.2.4 Density Regulations ......................................................................................... 106
15.2.5 Lot Regulations ................................................................................................ 106
15.2.6 Building Regulations ........................................................................................ 107
15.3
Commercial, Portage Road (C-3) ................................................................. 107
15.3.1 Permitted Principal Uses .................................................................................. 107
15.3.2 Permitted Accessory Uses ............................................................................... 107
15.3.3 Conditions of Use ............................................................................................. 108
15.3.4 Density Regulations ......................................................................................... 108
15.3.5 Lot Regulations ................................................................................................ 108
15.3.6 Building Regulations ........................................................................................ 108
15.4
Commercial, Service (C-4) ........................................................................... 109
15.4.1 Permitted Principal Uses .................................................................................. 109
15.4.2 Permitted Accessory Uses ............................................................................... 109
15.4.3 Density Regulations ......................................................................................... 109
15.4.4 Lot Regulations ................................................................................................ 109
15.4.5 Building Regulations ........................................................................................ 109
15.5
Commercial, Neighbourhood Pub (C-5) ........................................................ 110
15.5.1 Permitted Principal Uses .................................................................................. 110
15.5.2 Permitted Accessory Uses ............................................................................... 110
15.5.3 Conditions of Use ............................................................................................. 110
15.5.4 Density Regulations ......................................................................................... 110
Village of Pemberton Zoning Bylaw 832, 2018
9
15.5.5 Lot Regulations ................................................................................................ 111
15.5.6 Building Regulations ........................................................................................ 111
15.6
Commercial, Downtown Mixed Density Zone (C-6) (Amendment Bylaw No.
975, 2024/Adopted December 10, 2024) ...................................................... 111
PART 16:
Industrial and Airport Zones .......................................................................... 113
16.1
Industrial Park (M-1) ..................................................................................... 113
16.1.1 Permitted Principal Uses .................................................................................. 113
16.1.2 Permitted Accessory Uses ............................................................................... 114
16.1.3 Density Regulations ......................................................................................... 114
16.1.4 Lot Regulations ................................................................................................ 114
16.1.5 Building Regulations ........................................................................................ 114
16.2
Industrial, Resource (M-2) ............................................................................ 115
16.2.1 Permitted Principal Uses .................................................................................. 115
16.2.2 Permitted Accessory Uses ............................................................................... 115
16.2.3 Conditions of Use ............................................................................................. 115
16.2.4 Density Regulations ......................................................................................... 115
16.2.5 Lot Regulations ................................................................................................ 115
16.2.6 Building Regulations ........................................................................................ 116
16.3
Airport (AP-1) ............................................................................................... 117
16.3.1 Permitted Principal Uses .................................................................................. 117
16.3.2 Permitted Accessory Uses ............................................................................... 117
16.3.3 Building Regulations ........................................................................................ 117
PART 17:
Civic, Institutional, and Recreation Zones ..................................................... 118
17.1
Public (P-1)................................................................................................... 118
17.1.1 Permitted Principal Uses .................................................................................. 118
17.1.2 Permitted Accessory Uses ............................................................................... 118
17.1.3 Building Regulations ........................................................................................ 118
17.1.4 Conditions of Use ............................................................................................. 119
17.2
Parks and Recreation (PR-1) ........................................................................ 120
17.2.1 Permitted Principal Uses .................................................................................. 120
17.2.2 Permitted Accessory Uses ............................................................................... 120
17.2.3 Building Regulations ........................................................................................ 120
17.3
Outdoor Recreation (OR-1) .......................................................................... 121
17.3.1 Permitted Principal Uses .................................................................................. 121
17.3.2 Permitted Accessory Uses ............................................................................... 121
17.3.3 Building Regulations ........................................................................................ 121
17.4
Education (E-1) ............................................................................................ 122
17.4.1 Permitted Principal Uses .................................................................................. 122
17.4.2 Permitted Accessory Uses ............................................................................... 122
17.4.3 Lot Regulations ................................................................................................ 122
17.4.4 Density Regulations ......................................................................................... 122
17.4.5 Building Regulations ........................................................................................ 122
17.5
Resource Management (RES-1) (Amendment Bylaw No. 862, 2019/Adopted
May 7, 2019) ................................................................................................ 123
17.5.1 Permitted Principal Uses .................................................................................. 123
Village of Pemberton Zoning Bylaw 832, 2018
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17.6
Community Watershed Protection (CWP-1) (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019) ......................................................................... 124
17.6.1 Permitted Principal Uses .................................................................................. 124
PART 18:
Comprehensive Development (CD) Zones ................................................... 125
18.1
CD-1: Comprehensive Development Zone 1 (Creekside) ............................. 125
18.1.1 Permitted Land Uses ........................................................................................ 125
18.1.2 Buildings and Structures .................................................................................. 125
18.1.3 Building Setbacks ............................................................................................. 125
18.1.4 Off-Street Parking ............................................................................................ 125
18.1.5 Maximum Lot Coverage ................................................................................... 125
18.2
CD-2: Comprehensive Development Zone 2 (Mountain Trails) .................... 126
18.2.1 Permitted Land Uses ........................................................................................ 126
18.2.2 Buildings and Structures .................................................................................. 126
18.2.3
Building Setbacks ......................................................................................... 126
18.2.4
Off-Street Parking ......................................................................................... 126
18.2.5
Maximum Lot Coverage................................................................................ 126
18.3
CD-3: Comprehensive Development Zone 3 (Cottonwood Court) ................. 127
18.3.1 Permitted Land Uses ........................................................................................ 127
18.3.2 Buildings and Structures .................................................................................. 127
18.3.3 Building Setbacks ............................................................................................. 127
18.3.4 Off-Street Parking ............................................................................................ 127
18.3.5 Maximum Lot Coverage ................................................................................... 127
18.4
CD-4: Comprehensive Development Zone 4 (Pioneer Junction) ................... 128
18.4.1 Permitted Land Uses ........................................................................................ 128
18.4.2 Buildings and Structures .................................................................................. 128
18.4.3 Building Setbacks ............................................................................................. 128
18.4.4 Off Street Parking ............................................................................................. 128
18.4.5 Maximum Lot Coverage ................................................................................... 129
18.5
CD-5: Comprehensive Development Zone 5 (Tiyata at Pemberton)
(Amendment Bylaw No. 960, 2024/Adopted May 28, 2024) .......................... 130
18.5.1
Permitted Uses of Land, Buildings and Structures ........................................ 131
18.5.2 Density of Permitted Uses, Buildings and Structures ........................................ 132
18.5.3 Off-Street Parking and Loading ........................................................................ 134
18.5.4 Definitions ........................................................................................................ 134
18.6
CD-6: Comprehensive Development Zone 6 (SSCS Harrow Rd Affordable
Housing) ....................................................................................................... 135
18.6.1. Permitted Principal Uses ................................................................................. 135
18.6.2. Permitted Accessory Uses .............................................................................. 135
18.6.3 Conditions of Use ............................................................................................. 135
18.6.4 Density Regulations ......................................................................................... 135
18.6.5. Lot Regulations ............................................................................................... 136
18.6.6 Siting Regulations ............................................................................................ 136
18.6.7. Maximum Height of Buildings .......................................................................... 136
18.6.8. Off-Street Parking and Loading ....................................................................... 136
18.7
Comprehensive Development Zone 7 (CD-7) (Prospect Apartments)
(Amendment Bylaw No. 948, 2023/Adopted April 9, 2024) ........................... 138
Village of Pemberton Zoning Bylaw 832, 2018
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18.7.1
Permitted Principal Uses .............................................................................. 138
18.7.2
Permitted Accessory Uses ............................................................................ 138
18.7.3
Density Regulations ...................................................................................... 138
18.7.4
Lot Regulations ............................................................................................ 138
18.7.5
Building Regulations ..................................................................................... 138
18.7.6
Off-Street Parking and Loading .................................................................... 138
18.8
Comprehensive Development Zone 9 (CD-9) (Parkside 7362 Pemberton Farm
Road East) (Amendment Bylaw No. 975, 2024/ Adopted December 10, 2024)
..................................................................................................................... 140
18.8.1
Definitions .................................................................................................... 140
18.8.2
Permitted Uses, Land, Buildings, and Structures .......................................... 141
18.8.3
Conditions of Use ......................................................................................... 142
PART 19:
Repeal .......................................................................................................... 143
Village of Pemberton Zoning Bylaw 832, 2018
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Village of Pemberton
Zoning Bylaw No. 832, 2018
A BYLAW TO REGULATE THE ZONING AND DEVELOPMENT OF REAL PROPERTY
WITHIN THE VILLAGE OF PEMBERTON
WHEREAS section 479 of the Local Government Act authorizes a local government to enact a Bylaw
respecting Zoning;
AND WHEREAS section 482 of the Local Government Act authorizes a local government to offer
density benefits for the provision of amenities, affordable housing and special needs housing;
AND WHEREAS section 492 of the Local Government Act authorizes a local government to
designate a Temporary Use Permit Area in a Zoning Byaw;
AND WHEREAS section 523 of the Local Government Act authorizes a local government to create
runoff control requirements;
AND WHEREAS section 525 of the Local Government Act authorizes a local government to create
off-street parking and loading requirements;
AND WHEREAS section 527 of the Local Government Act authorizes a local government to create
screening and landscaping requirements;
NOW THEREFORE the Municipal Council of the Village of Pemberton in open meeting assembled
enacts as follows:
Village of Pemberton Zoning Bylaw 832, 2018
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Village of Pemberton Zoning Bylaw 832, 2018
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PART 1:
Application
1.1 Title
(a)
This Bylaw may be cited for all purposes as the "Village of Pemberton Zoning Bylaw
No. 832, 2018" or "Zoning Bylaw No. 832, 2018".
1.2 Schedules
(a)
The following schedules are attached to and form a part of this Bylaw:
Schedule A (Zoning Map)
1.3 Purpose
(a)
The principal purpose of this Bylaw is to regulate land use and development within
the Village of Pemberton for the benefit of the community; and
(b)
For the implementation of the long-term goals of the Village's Official Community
Plan Bylaw, No. 654, 2011.
1.4 Application of Bylaw
(a)
This Bylaw applies to all lands, including the surface of water, and the use of all land,
buildings and structures located within the boundaries of the Village of Pemberton, and
as shown on Schedule "A", the Zoning Map, which is attached to and forms part of this
Bylaw.
(b)
The Chief Administrative Officer, Manager of Corporate and Legislative Services,
Manager of Development Services, Planner, Chief Building Official, Bylaw Enforcement
Officer, Manager of Operations and Projects, and their designates and any other person
appointed by the Council are hereby authorized to administer this Bylaw. (Amendment
Bylaw No. 924, 2022/Adopted May 17, 2022)
(c)
Persons appointed under Sub-Section (b) may enter any property subject to this Bylaw
at all reasonable times for the purpose of ascertaining whether this Bylaw is being
observed. (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
1.5 Violation
(a)
Any person who:
i.
Violates any of the provisions of this Bylaw;
ii.
Causes or permits any act or thing to be done in contravention or violation of
any provision of this Bylaw;
iii.
Neglects to do or refrains from doing any act or thing which is required to be
done by any provisions of this Bylaw;
iv.
Carries out, causes or permits to be carried out any development in a manner
prohibited by or contrary to this Bylaw;
v.
Fails to comply with an order, direction or notice given under this Bylaw; or
vi.
Prevents or obstructs or attempts to prevent or obstruct the authorized entry
of any of the Enforcement persons noted in Section 1.8 below,
Village of Pemberton Zoning Bylaw 832, 2018
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commits an offence against this Bylaw. (Amendment Bylaw No. 924, 2022/Adopted May
17, 2022)
(b)
Each day that an offence of this Bylaw is caused to continue, allowed to continue,
constitutes a separate offence.
(c)
A person who commits an offence under this Bylaw is liable if:
i. proceedings are brought under the Offence Act (B.C.), to pay a fine to
maximum of $50,000 and such other amounts as the court may impose in
relation to the offence; or
ii. a bylaw notice is issued under a bylaw made under the Local Government
Bylaw Notice Enforcement Act, to pay a penalty to a maximum authorized
under that Act. (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
1.6 Penalty
(a)
Where a specific penalty has not otherwise been designated, shall be liable to a
fine and/or penalty of not less than One Hundred Fifty Dollars ($150) and not more
than Ten Thousand Dollars ($10,000), plus the costs of prosecution, any other
order imposed or any combination thereof;
(b)
The penalties and remedies imposed under subsection (a) shall be in addition to,
and not in substitution for, any other penalty or remedy imposed by or permissible
under this Bylaw or any other enactment.
(c)
Where a person fails to pay a penalty required by this Bylaw, or where a person
subject to an order under this Bylaw fails to take action required by the order and
the Village carries out the work or otherwise fulfills the requirement, the Village may
recover its costs from the owner, occupier or person responsible for the work or for
payment of the costs, as a debt to the Village. Money owed to the Village under this
Bylaw is payable upon receipt of an invoice from the Village.
(d)
If an amount owing under this Bylaw for work done or services provided to land or
improvements remains unpaid on December 31st of the year in which the debt was
incurred, the amount is deemed to be taxes in arrear and may be collected from the
owner of the land or improvements in the same manner and with the same
remedies as for property taxes.
1.7 Severability
(a)
If any part, section, subsection, paragraph, sentence, clause, phrase or schedule of
this Bylaw is for any reason found invalid by the decision of any Court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this Bylaw
or the validity of the Bylaw as a whole.
1.8 Enforcement
(a)
The Chief Administrative Officer of the Village of Pemberton, or his or her designate,
is hereby appointed by Council to administer this Bylaw.
Village of Pemberton Zoning Bylaw 832, 2018
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PART 2:
Interpretation
2.1 Interpretation
(a)
All references to Bylaws of the Village of the Pemberton, or provincial or federal
statutes and regulations refer to the most current version, as amended from time to
time.
(b)
Words used in the present tense include the other tenses and derivative forms;
words used in the singular include the plural and vice versa; and the word "person"
includes a corporation, firm, partnerships, trusts, and other similar entities as well
as an individual.
(c)
Words have the same meaning whether they are capitalized or not.
(d)
Words defined in this Bylaw that contain multiple words separated by a comma in
the definition carry the same definition if the words are reversed. For example,
"Grade, Natural", and "Natural Grade" carry the same meaning.
(e)
The words "shall" and "is" require mandatory compliance except where a variance
has been granted pursuant to the Local Government Act.
(f)
Words, phrases, and terms neither defined in this section nor in the Local
Government Act shall be given their usual and customary meaning.
(g)
The definitions of uses group individual land uses into a specified number of
classes, with common functional or physical impact characteristics. They define the
range of uses which are principal and secondary, with or without conditions, within
various zones of this Bylaw.
(h)
The following guidelines shall be applied in interpreting the use class definitions:
i.
Typical uses listed in the definitions as examples are not intended to be
exclusive or restrictive; and
ii.
Where a specific use does not conform to the wording of any use class
definition or generally conforms to the wording of two or more definitions, the
use conforms to and is included in that use class which is most appropriate in
character and purpose.
2.2 Explanatory Notes and Figures
(a)
All text in this Bylaw which are italicized except titles of legislative acts, statutes and
regulations, and explanatory figures have a definition specified in this Bylaw, and for
clarity, the definitions in this Bylaw apply whether the word is italicized or not.
(b)
Where a conflict between explanatory notes and figures and a regulation in this
Bylaw occurs, the regulation shall be taken as correct.
2.3 Conflicting Regulations
(a)
Where this Bylaw contains two or more regulations that could apply to a situation,
the most restrictive regulation shall apply to the extent of any conflict. Where this
Bylaw conflicts with other regulations the restrictive legislation shall apply, unless the
conflict is outside of the responsibility of the Municipal Council.
(b)
Where a graphic used to illustrate a requirement of this Bylaw is in conflict with the
text description of the regulation, the text description shall prevail.
Village of Pemberton Zoning Bylaw 832, 2018
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2.4 General and Specific Regulations
(a)
Where this Bylaw contains both general and specific regulations that could apply to a
situation, the more specific regulation shall apply.
2.5 Bylaw Format
(a)
The format of this Bylaw follows a simple layout intended to facilitate its use. Major
divisions within the Bylaw are called Parts and major divisions within Parts are called
Sections and major divisions within Sections are called Sub-Sections.
2.6 Covenants Against Buildings, Structures, Subdivision or Use
(a)
Where under this Bylaw an owner of land or a building or structure is required or
authorized to grant a covenant restricting subdivision, strata plan registration, use or
development of land, the covenant shall be granted to the Municipality and registered
pursuant the Land Title Act, with priority over all financial charges, and under the terms
of the covenant the owner shall indemnify the Municipality for any fees or expenses the
Municipality may incur as a result of a breach of the covenant by the owner.
Village of Pemberton Zoning Bylaw 832, 2018
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PART 3:
Definitions
The following words, terms, and phrases, are italicized wherever they occur in this Bylaw, and shall
have the meaning assigned to them as follows:
Accessible
means that a person with disabilities is, with or without assistance, able to approach, enter, pass to
and from one area to another and make use of an area and its facilities.
Accessory (Use)
means the use of land, buildings, or structures for a use that is customarily incidental, subordinate in
area, extent and purpose and ancillary to the conforming principal use on the same lot.
Accessory Building or Structure
means a detached building or structure, the use of which is, or is customarily incidental, subordinate
in size, extent or purpose and ancillary to the conforming principal building or land use on the same
lot.
Accessory Residential Dwelling
means an accessory dwelling unit, for residential use only, primarily intended for the caretaking,
management, staffing, or security of the principal non-residential building on the same lot.
Accessory Retail Sales
means the accessory use of a maximum of 20% portion of the gross floor area of a permitted principal
commercial, industrial, civic, or artisan use for the retail sales directly related to the principal use.
Adventure Tourism Business (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means the commercial use of land, buildings and structures intending to offer guests horseback tours,
river boat tours and a guest lodge for tourism accommodation of a total size not to exceed 1,500 m2.
Affordable Housing
means dwelling units constructed and occupied under the terms of a registered housing agreement
approved pursuant to section 483 of the Local Government Act.
Agriculture
means the use of the land, buildings and structures for the growing, producing, raising or keeping of
animals and plants including:
i.
Livestock (cattle, bison, sheep, goats, hogs, horses)
ii.
Poultry production (chickens, turkeys, waterfowl)
iii.
Dairy operations
iv.
Apiculture (beekeeping)
v.
Agroforestry
Village of Pemberton Zoning Bylaw 832, 2018
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vi.
Grapes, berries, tree fruits, nuts, grains, oilseeds, mushrooms, forage crops,
ornamentals, and vegetables (field or Greenhouse)
vii.
The processing of agricultural products harvested, reared or produced by the
farm business, and the retail sales of the products
viii.
Horse-riding, training and boarding
ix.
Greenhouse and Nursery
x.
Alcohol Production Facilities (breweries, cideries, distilleries, meaderies,
wineries)
Agri-tourism Activity
means the use of land that is classified as a farm under the BC Assessment Act for tourism related
activities on the farm, such as agricultural displays, farming demonstrations, and agricultural exhibits
subject to the regulations of section 7.5 of this Bylaw and to the Agricultural Land Reserve Use,
Subdivision and Procedure Regulation.
Agri-tourism Accommodation
means the provision of tourism accommodation, on a property classified as farm under the BC
Assessment Act, up to a maximum of ten (10) sleeping units. Typical uses include, but are not limited
to, seasonal farm cabins, campsites/recreational vehicle sites and are subject to the Agricultural Land
Reserve Use, Subdivision and Procedure Regulation.
Agricultural Land Commission (ALC)
means Agricultural Land Commission pursuant to British Columbia Agricultural Land Commission
Act.
Agricultural Land Reserve (ALR)
means Agricultural Land Reserve pursuant to British Columbia Agricultural Land Commission Act.
Arts and Culture
means a use which provides for the presentation and display of artistic and cultural creations, and
includes art galleries, museum, theatres, and accessory retail of goods and articles that are produced
primarily by local artists.
Airport
means the use of land, buildings and structures for runways for the takeoff and landing of airplanes
and includes airstrips, terminal buildings or structures, hangars, airport related business, and
accessory uses.
Airport Related Business
means the use of land, buildings, or structures for commercial operations directly related to the
operation, maintenance, and storage of aircraft, or business uses that necessarily rely upon or
support aviation uses or the Airport, but specifically excludes tourism accommodation.
Village of Pemberton Zoning Bylaw 832, 2018
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Alter
means, in relation to land, the removal or deposit of soils or other materials or clearing of natural
vegetation, and in relation to buildings or structures, means any change that would result in either a
change to the appearance of the building or structure, an increase or decrease to the gross floor area
or both.
Animal Kennel
means the use of land, buildings or structures in which domestic animals are kept, boarded, bred,
cared for or trained for commercial gain.
Approving Officer
means the Village of Pemberton Approving Officer appointed pursuant to the Land Title Act.
Artisan
means the use of a building or structure by an artist or group of artists who create or produces artistic
goods.
Assembly
means the use of land, buildings, or structures for civic, cultural, educational, political, public
recreational, religious or social purposes; and includes Schools, Places of Worship, auditoriums,
council chambers, community centres, arenas, youth centres, day care centres and similar uses.
Automotive and Recreational Vehicle Sales
means the use of land, buildings, or structures for the retail sale of automobiles, trucks, boats,
recreational vehicles and related parts and accessories.
Automotive Salvage
means the use of land, buildings, or structures for towing, storage, or dismantling of automobiles,
trucks, boats, and recreational vehicles, and may include the accessory retail sale of automobile
parts.
Automotive Service Shop
means a use providing for the general repair, servicing and maintenance of motor vehicles including
brakes, mufflers, tire repair and change, tune-ups and transmission work, provided it is conducted
within a completely enclosed building or structure.
Balcony (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
means an exterior floor system projecting from a structure and supported by that structure, with no
additional independent supports.
Village of Pemberton Zoning Bylaw 832, 2018
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Basement
means the floor of a building or structure that is 50% or more below the average finished grade level
and is unused, or used for utilities, laundry, storage or other non-habitable space accessory to the
principal building, specifically excluding residential or commercial use.
Bed and Breakfast
means the accessory use of a dwelling, detached for tourism accommodation in which a maximum
of two (2) bedrooms of an owner-occupied dwelling, detached are available as tourism
accommodation in accordance with section 7.8 of this Bylaw and the Village of Pemberton Business
License Bylaw.
Bed and Breakfast Inn (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
means the accessory use of a dwelling, detached in which a maximum of five (5) bedrooms, are
available for tourism accommodation in accordance with section 7.9 of this Bylaw and the Village of
Pemberton Business License Bylaw.
BMX Race Track
means a facility or track for BMX (off-road) bicycle racing, consisting of a starting gate, a groomed
dirt race course made of various jumps and rollers and a finish line, but specifically excludes use by
motorized vehicles.
Boarding School
means the use of land, buildings, or structures for a school where students and staff reside on the
same or immediately adjacent lot and includes tourism accommodation for groups accessory to the
principal school use.
Brewery, Cidery, Distillery and Winery
means the use of land, buildings and structures, licensed under the Liquor Control and Licensing Act,
on which there is small scale manufacturing of beer, ale, cider, spirits or wine, and may include the
accessory uses of wholesaling, tours, tastings, retail sales and a manufacturer's lounge, and the sale
of related non-liquor products.
Buffer
means a landscaped, or naturally vegetated area intended to separate and screen land uses,
buildings, structures or properties from one another.
Building
means a structure or any portion thereof, including affixed mechanical devices, intended to be used
for sheltering a use or occupancy.
Building Area
means the horizontal area of a building or structure within the outside surface of the exterior walls or
within the outside surface of the exterior walls and the centre line of firewalls for all storeys and
includes the non-habitable areas such as the basement, garages and carports.
Village of Pemberton Zoning Bylaw 832, 2018
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Building Footprint
means the total area of a lot occupied by a building or structure, measured from the outside of exterior
walls, and includes garages and carports, but excludes covered exterior stairwells.
Building Official
means the individual appointed or under contract as the Building Official for the Village of Pemberton.
Building Supply
means the use of land, buildings or structures for the supply and sale of building materials, fixtures,
hardware, equipment and other similar goods related to construction and home improvement, and
requires storage outside of a building.
Bulk Storage
means the use of land, buildings or structures for above or below ground storage containers, or any
combination thereof, of petroleum, petroleum products, water, chemicals, gases, or similar
substances for subsequent resale to distributors, retail dealers or outlets, and includes card-lock and
bulk sales.
Cabin
means a detached building or structure providing tourism accommodation in a rural or remote setting,
associated with a motel, bed and breakfast inn or campground, and includes cottages.
Campground
means the use of land, managed as a unit and includes the buildings and structures for a range of
camping experiences which provides tourism accommodation for any or all of the following:
i.
Cabins,
ii.
Yurts,
iii.
Tenting sites,
iv.
Tent trailers,
v.
Travel trailers,
vi.
Recreational vehicle sites and campers, and
vii.
Accessory uses and structures such as administration offices, laundry
facilities or general washroom facilities,
but excludes the habitation of manufactured homes, modular homes or any other buildings or
structures, conveyances or motor vehicles for residential use.
Cannabis
has the same meaning as outlined in the Government of Canada regulations.
Village of Pemberton Zoning Bylaw 832, 2018
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Cannabis, Dispensary (Amendment Bylaw No. 847, 2018/Adopted October 16, 2018)
means the use of buildings and structures, in which the use of cannabis for medicinal purposes is
advocated, sold or consumed, and includes a Compassion Club.
Cannabis, Production Facility
means the use of buildings and structures for the purposes of growing, processing, packaging,
testing, destroying, storing or shipping cannabis as authorized by a license issued under Government
of Canada regulations.
Cannabis, Retail (Amendment Bylaw No. 847, 2018/Adopted October 16, 2018)
means the use of buildings or structures, licenced under provincial authority for the retail sale of non-
medical (recreational) cannabis and/or non-medical (recreational) cannabis containing products for
consumption off-premises.
Carriage House (Amendment Bylaw No. 975, 2022/Adopted December 10, 2024)
means an accessory dwelling unit located on the second storey of an accessory building over top of
a garage, storage building, or similar that are detached from the principal dwelling on the same lot,
in accordance with section 7.10 of this bylaw.
Carport
means an open or partially enclosed structure attached to the principal building or structure for the
use of covered parking or temporary storage of private motor vehicles.
Catering Establishment
means an establishment that prepares and supplies food to be consumed off premises.
Chief Administrative Officer
means the individual appointed as the Chief Administrative Officer of the Village of Pemberton.
Child Care Centre
means the use of land and buildings for provincially-licensed care and supervision of children through
a prescribed program.
Civic
means the use of land, buildings, or structures for functions provided by a government body and
service clubs, includes federal, provincial and municipal offices and works yards, schools and
colleges, hospitals, community centres, swimming pools, libraries, museums, parks, playgrounds,
day cares, cemeteries, police and fire stations, fire training grounds and waterways.
Village of Pemberton Zoning Bylaw 832, 2018
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Co-housing (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
means buildings on typical neighbourhood lots that are designed with independent micro-suites
together with large common areas for communal kitchen, living room, lounge/games area and shared
laundry facilities. The micro-suites have their own private bathroom and shower, and storage
including small refrigeration.
Combined Commercial Residential (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means the use of land, buildings or structures for both commercial and residential multi-family
dwellings, subject to the regulations in section 7.11 of this Bylaw.
Commercial (Use)
means the use of land, buildings, or structures for an occupation, employment or enterprise that is
carried on for gain or monetary profit by any person.
Community Care Facility
means the use of buildings or structures where a person provides care of three (3) or more persons
and is under permit by the Provincial Government pursuant to the Community Care and Assisted
Living Act.
Community Garden
means a lot, or portion thereof, that is provided for public use for the purposes of growing fruits,
vegetables and flowers.
Community Services, Non-Profit (Amendment Bylaw No. 936, 2022/Adopted October 17, 2023)
means the use of land or buildings that provide community facilities or services delivered by non-
profit entities for the betterment of the community. It specifically includes business offices,
professional offices and services, child care centre, artisan, assembly, community care facility, and
emergency shelter uses delivered by a registered non-profit agency. Apartment dwelling units
provided as affordable housing, social housing, or other supportive housing are permitted.
Community Sewer System
means a system of waste water collection, treatment and disposal that is serving two (2) or more
lots.
Community Watershed
means all or part of the drainage area above the most downstream point of diversion for a water use
that is for human consumption and that is licensed under the Water Act, for a domestic purpose or a
waterworks purpose as defined under the BC Forest and Range Practices Act.
Community Water System
means a system for the distribution of fresh potable water serving two (2) or more lots.
Village of Pemberton Zoning Bylaw 832, 2018
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Composting Facility (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means the use of land, buildings or structures to transform waste organic material into a biologically
stable product which includes the creation of noise, dust and odour in the process and the bulk
storage of compost, sand and residuals. Composting facilities are permitted to produce energy to
either use on-site, or sell and process wood waste and residuals.
Convenience Store
means the use of a building for the sale of a limited line of groceries, food and drink for immediate
consumption, and other items intended for the convenience of the neighbourhood.
Council
means the Council of the Village of Pemberton.
Deck (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
means an exterior floor system supported on at least two opposing sides by an adjoining structure
and/or posts, piers, or other independent supports.
Development
means any of the following:
i.
Altering the land,
ii.
Changing the landform, from a natural state to a semi natural state,
iii.
Subdividing the land,
iv.
Applying for a land use change,
v.
Changing in the use of any building or structure, and
vi.
Carrying out of any, engineering or the construction, addition or alteration of
any building or structure.
Density
means a measure of the intensity of development on a lot, including the number of units on a lot
measured in maximum units or units per hectare, or floor area ratio as determined in section 4.8 of
this Bylaw.
Disabled Vehicle
means all or part of any irreparable or salvageable vehicle or all or part of any motor vehicle which
is not validly registered and licensed in accordance with the Motor Vehicle Act, and which is not
located in a garage or carport.
Drive Through Business
means the commercial use of land, buildings and structures for providing goods and services, from
a use otherwise permitted on the lot, to customers in their vehicles, such as a fast food restaurant or
bank.
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Dwelling Unit
means a self-contained set of habitable rooms capable of occupancy by one (1) or more persons,
including provisions for living, sleeping, cooking and sanitation facilities and not more than one (1)
kitchen facility. Unless specifically permitted, use of a dwelling unit for tourism accommodation or
rental for a period of less than thirty (30) days is prohibited. The use is as a residence for the
occupant and includes but is not limited to the following types:
i.
Accessory Residential Dwelling,
ii.
Apartment,
iii.
Carriage House,
iv.
Detached Dwelling,
v.
Duplex Dwelling,
vi.
Manufactured Home,
vii.
Mobile Home,
viii.
Row House,
ix.
Secondary Suite, and
x.
Townhouse.
And specifically excludes the occupancy of any of the following:
i.
Buses,
ii.
Cabins or Cottages,
iii.
Motor Vehicle,
iv.
Tents,
v.
Yurts, and
vi.
Recreational Vehicles
Dwelling Unit, Accessory - means a dwelling unit that is accessory to a principal
dwelling unit on the same lot including a carriage house, garden suite, lock-off suite,
and secondary suite. (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
Dwelling Unit, Apartment (Apartment) - means a residential building other than a
townhouse containing three (3) or more individual dwelling units, where each dwelling
unit has its principal access from an entrance or hallway that is common to at least
one (1) other dwelling unit on the same storey.
Dwelling Unit, Detached (Detached Dwelling) - means a residential building
designed exclusively for single family residential use, separated from other dwelling
units by open space, and includes a modular home.
Dwelling Unit, Duplex (Duplex) - means a residential building containing two (2)
separate dwelling units either placed one above the other or attached by a common
wall, each of which has direct access to the outside.
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Dwelling Unit, Farm Help - means a residential building accessory to an agricultural
use and carries the same meaning as under the Agricultural Land Reserve Act.
Dwelling Unit, Garden Suite - means a one-storey detached accessory dwelling
unit within the side or rear yard of a lot. (Amendment Bylaw No. 975, 2024/Adopted
December 10, 2024)
Dwelling Unit, Lock-Off Suite - means a separate, self-contained dwelling unit
within a duplex or a townhouse unit which can be separated from the principal unit
by an exterior or interior door. (Amendment Bylaw No. 975, 2024/Adopted December 10,
2024)
Dwelling Unit, Manufactured Home
means a factory built detached dwelling unit, certified prior to a placement on the lot
as having been built:
i.
as a modular home in accordance with CSA A277 building; or
ii.
as a mobile home in accordance with CAN/CSA Z240 building regulations
and registered in the BC Manufactured Home Registry, arriving at the lot
ready for occupancy apart from incidental operations and connections into a
community sewer and community water system.
Dwelling Unit, Mobile Home - means a residential dwelling built upon an integrated
chassis and wheels that is assembled at a place other than but moved to a lot.
Dwelling Unit, Multi-family (Multi-family Dwelling) - means a residential building
containing three (3) or more separate dwelling units, and includes apartments,
townhouses, and row houses.
Dwelling Unit, Row House (Row House Dwelling) - means a residential building
containing a minimum of three (3) dwelling units attached to each in a row with each
dwelling unit located on its own lot.
Dwelling Unit, Townhouse (Townhouse Dwelling) - means a residential building
containing three (3) or more dwelling units, each of which has its own separate access,
not located through a common lobby or corridor, and includes dwelling units stacked
vertically.
Ecological Reserve
means land that is retained in its natural or semi-natural state for the purposes of protecting and
preserving natural ecosystems and biological diversity.
Emergency Shelter (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
means a use staffed and supervised by a public authority or non-profit agency for the purpose of
providing temporary sleeping accommodation for people in need of emergency shelter on a short-
term basis (to a maximum of 30 days). Emergency Shelter use includes drop-in and meal services
as well as accessory administration and office space for use by program staff.
Village of Pemberton Zoning Bylaw 832, 2018
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Entertainment (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means the use of land, buildings, and structures for commercial recreational or social use, such as
but not limited to a bowling alley, movie theatre, pool hall, video game arcade or dance hall.
Equipment Sales, Servicing, Rental and Repair Shop
means the use of land, buildings, or structures for the retail sale, servicing, rental and repair of small
motorized equipment such as chainsaws, landscaping equipment, lawnmowers, and recreational
equipment such as snowmobiles, all-terrain vehicles and similar uses.
Farm Residence
means the principal detached dwelling that accommodates one dwelling unit and located on a lot
within the Agricultural Land Reserve.
Farm Residential Facilities, Accessory
means the following buildings, structures, or improvements associated with a principal farm
residence and/or additional farm residence on a farm:
i.
Attached or detached garages or carports,
ii.
Driveways to residences,
iii.
Decorative landscaping,
iv.
Attached or detached household greenhouse or sunroom,
v.
Residential-related workshop, tool and storage sheds,
vi.
Artificial ponds not serving farm drainage, irrigation needs, or aquaculture
use.
Farm Stand (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means a permanent or semi-permanent structure typically located at or near the farm entrance
which offers for sale products harvested from the land upon which it stands.
Farmers' Market
means the use of land, buildings, or structures for retail sales featuring foods sold directly by farmers
to consumers and typically consisting of booths, tables or stands, outdoors or indoors, where farmers
sell their agricultural products and sometimes prepared foods and beverages. It may include mobile
food trucks and the sale of arts and crafts.
Fence
means a protective, enclosing or visual barrier made of wood, metal or other material that is
constructed for any purpose, such as marking the boundary of a lot and enclosing a lot, except as
required elsewhere in this Bylaw; it generally is providing privacy; preventing access by people or
animals; or dividing a lot into sections. This excludes the use of hedges, trees and other types of
vegetation.
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Financial Institution
means an institution providing financial or banking services including a bank, credit union, payday
loan office, currency exchange, mortgage office or automated teller machine (ATM).
Fitness Centre
means the use of land, buildings, or structures for commercial fitness, and includes health clubs,
gyms, yoga studios and similar uses.
Flanking Street
means a street, excluding a lane, abutting a lot line not being the front or rear lot line.
Floor Area
means the total usable floor space of a building or structure on all storeys excluding the basement,
corridors, and service areas, as measured in accordance with section 4.7 of this Bylaw.
Floor Area Ratio (FAR)
means a ratio between the floor area of a building or structure and the lot size, measured in
accordance with section 4.8 of this Bylaw.
Floor Area, Gross (GFA)
means the total area enclosed by the exterior walls of a building or structure on all storeys, measured
in accordance with 4.9 of this Bylaw.
Food Truck
means the use of a licensed vehicle equipped with facilities for the preparation, cooking and serving
of food to consumers from a temporary location, and may include a mobile food cart or converted
vehicle capable of dispensing food, subject to the regulations in section 7.15 of this Bylaw and the
Village of Pemberton Business License Bylaw.
Forestry (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means forestry practices consistent with the BC Forest and Range Practices Act; Forest Planning
and Practices Regulation.
Garden Centre
means the use of land, buildings, or structures for the purpose of retail sales of trees, plants, flowers,
and associated gardening or landscaping supplies and outdoor garden equipment.
Garage
means an accessory building, structure or that portion of a permitted building or structure that is used
for the parking of one (1) or more motor vehicles and is totally enclosed with a roof, walls and one
(1) or more doors.
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Gasoline Station
means a facility limited to retail sales to the public of motor fuel products, motor oil, lubricants, minor
automobile accessories, travel aides and convenience food items, but specifically excludes
automobile repair services.
Gathering for an Event
means the use of land, buildings, or structures for a gathering of people on a farm for the purpose of
a wedding, a music festival, or other event other than an Agri-tourism related event or family-related
celebration which is permitted as a non-farm use in the Agricultural Land Reserve in accordance with
the regulations in section 7.12 of this Bylaw.
Golf Course
means the use of land for playing golf, consisting of a least nine holes, with each hole generally
consisting of tees, greens, fairways and hazards, and the following accessory uses, buildings, and
structures:
i.
Club house (licensed Restaurant),
ii.
Pro shop (retail sales of golf equipment),
iii.
Driving range,
iv.
Putting green,
v.
Mini putt area, and
vi.
Golf Schools.
Grade, Building
means, in relation to a building, or building height, the lowest of the average levels of grade of the
natural grade or finished grade adjoining each exterior wall of a building, excluding localized
depressions such as for vehicle or pedestrian entrances.
Grade, Finished
means, in relation to a building or structure, the elevation of the ground surface, or the angled plane
of a sloped lot, after development.
Grade, Natural
means, in relation to a building or structure, the elevation of the ground surface, or the angled plane
of a sloped lot, in its natural or semi-natural state, prior to any development.
Greenhouse
means a building or structure covered with translucent material and used for the purpose of
agriculture and horticulture.
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Height
means with respect to a building or structure, the vertical distance between the building grade, and
the highest point of the structure of a flat roof, or the mid-point of a sloping roof, measured in
accordance with section 4.4 of this Bylaw.
Highway
means a public street, road, trail, lane, bridge, trestle, any other public way or any other land or
improvement that becomes or has become a highway as per the British Columbia Transportation
Act.
Home Occupation (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
means the use of a residential dwelling unit for a licensed commercial occupation, profession or craft
by the primary occupant of the residential unit that is contained entirely within the permitted residential
use and conducted in accordance with the regulations in section 7.17 of this Bylaw.
Houseplex
means multi-unit buildings with up to four (4) dwelling units designed to look like a large house and
be compatible in form and massing with the residential neighbourhood.
Hostel
means the use of a building for tourism accommodation in which dormitory style sleeping units are
provided along with common bathrooms, cooking areas and communal spaces.
Hotel
means use of a building for tourism accommodation in which four (4) or more furnished
accommodation units are provided, with separate entrances to each room from a common corridor,
operated and staffed from an on-site office or lobby, and may include publicly accessible accessory
uses such as restaurant, health club, liquor primary establishment, or retail store not to exceed a
maximum of 33% of the gross floor area of the first storey.
Impervious Surface
means the total area of a lot that is incapable of allowing precipitation to penetrate to underlying soils
due to the presence of buildings or structures or other impermeable surfaces, except impermeable
surfaces that are naturally occurring on the lot.
Industrial
means the use of land, buildings, or structures providing for the manufacturing, processing,
fabricating, assembling, storage, transporting, distributing, wholesaling, warehousing, testing,
servicing, reduction, repairing, wrecking or salvaging of articles, substances or commodities or any
other treatment thereof to change the form, character or appearance.
And specifically excludes any of the following uses:
i.
The burning of any salvaged or recycled materials,
ii.
Any uses for which a permit is required under the Environmental
Village of Pemberton Zoning Bylaw 832, 2018
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Management Act or Regulations,
iii.
The burning of any vehicles, and
iv.
Refuse and garbage dumps.
Intermodal Storage Container
means a standardized intermodal freight container that can be used as a reusable transport and
storage unit for moving products and raw materials between locations.
Lane
means a highway flanking a rear or side lot line with a maximum width of 6.0 metres.
Land
means real property without improvements and includes the surface of water.
Land Use
means the regular use of land for an intended purpose or principal use.
Licensed Premises
means premises licensed as a Liquor Primary or Food Primary establishment to serve liquor under
the Liquor Control and Licensing Act.
Liquor License, Food Primary
means a liquor license issued under the Liquor Control and Licensing Act for a commercial business
where the service of food, rather than liquor, is the primary purpose.
Liquor License, Liquor Primary
means a liquor license issued under the Liquor Control and Licensing Act for a commercial business
where the service of liquor is the primary purpose, and includes neighbourhood pubs, bars, lounges
and night clubs, with accessory food service.
Liquor Store
means the use of a building or structure for the retail sale of liquor, beer or wine for consumption off
premises, and includes government liquor stores and liquor store, private retail outlets.
Liquor Store, Private
means the commercial use of a building or structure for the retail sale of liquor, beer or wine for
consumption off premises, and includes an agency outlet.
Livestock
means chickens, horses, turkeys, cattle, mules, hogs, rabbits, sheep, goats, bison, llamas and
alpacas as well as any other animal or fowl used in the production of food, fur or similar products.
Village of Pemberton Zoning Bylaw 832, 2018
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Lot
means a parcel of land with boundaries registered in the Land Title Office Registry and includes
strata lots created by Bare Land Strata subdivision, but specifically excludes land dedicated as road
or park on a plan of subdivision.
Corner Lot means a lot which abuts two or more intersecting highways.
Lease Lot means a lot defined by lease boundaries registered in the Land Title Office.
Panhandle Lot - means any lot which achieves access to a highway only by means of
a narrow strip of land or access strip.
Through Lot - means a lot abutting two parallel or approximately parallel highways or
any combination of highway common property access route and a body of water.
Lot Coverage
means the portion of a lot, expressed as a percentage, covered by the footprint of all buildings and
structures on the lot.
Lot Depth
means the average distance between the front lot line and the rear lot line of a lot, measured along
the side lot lines, and at ten (10) metre intervals in between.
Lot Line
means a line that is used to mark the boundaries of a lot on a survey, lease boundary, or other
description registered in the Land Title Office to identify the boundaries of a lot as follows:
Exterior Side Lot Line - means the lot line(s) common to the lot and an abutting
Highway, other than a path, Lane, walkway, trail, which is not the front lot line.
Front Lot Line - means the property boundary line of the lot and the highway it abuts
and gains primary access from, however:
i.
in the case of a corner lot, means the shortest lot line abutting the highway;
ii.
in the case of a panhandle lot, means the lot line or lines common to a lot and
an abutting highway and the lot line approximately parallel to such line at the
end of the panhandle access strip; and
iii.
in the case of a through lot, means both the lot lines abutting two parallel or
approximately parallel highways or combination of highway, common
property access route or the water.
Interior Side Lot Line - means the lot line(s) connecting the front and rear lot lines,
common to the lot and another lot or lane.
Rear Lot Line - means the lot line furthest from, and opposite to, the front lot line, and,
in the case of a triangular shaped lot, a line 3 m (10 ft.) in length entirely within the lot,
parallel to and at a maximum distance from the front lot line.
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Side Lot Line - means an exterior side lot line or interior side lot line interchangeably as
defined in this Bylaw.
Lot Width
means the average distance between the side lot lines, measured at the front and rear lot lines, and
at five (5) metre intervals in between, excluding the access strip of a panhandle lot.
Market Garden
means the use of land for commercial growing and harvesting, which contributes to the production
of agricultural, floricultural, or horticultural products for on-site or off-site sales.
Materials Recovery Facility
means a solid waste management facility that processes recyclable materials to sell to manufacturers
as raw materials for new products and may accept other municipal waste. Such facilities assist in
reducing the waste stream, the demand for raw materials, and pollution associated with
the manufacturing of new products.
Minimum Lot Size
means the minimum area of a lot that can be created by subdivision under the regulations in this
Bylaw.
Mixed Use Building (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means the use of a building for both commercial and residential multi-family dwellings, subject to the
regulations in section 7.19 of this Bylaw.
Motel
means a building, or group of buildings on the same lot, providing four (4) or more separate guest
rooms, with or without cooking facilities, for tourism accommodation, with the entrance to each room
being to the outside of the building, with parking provided in close proximity to the guest rooms, and
operated from a staffed office on-site.
Motocross Track
means the use of land for a constructed off-road circuit used for motorcycle riding and racing.
Motor Vehicle
means any vehicle that is designed to be self-propelled including passenger cars, trucks, recreational
vehicles, vans, busses, motorcycles but does not include a motor assisted bicycle or scooter, but
includes inoperable and abandoned vehicles.
Municipality
means the Village of Pemberton.
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Natural Boundary
means
i. the visible high watermark of any body of water where the presence and action of the
water are so common and usual and so long continued in all ordinary years as to mark
upon the soil of the water body a character distinct from its banks, in vegetation, as well
as in the nature of the soil itself, and
ii.
the edge of the dormant side channels of the water body.
Neighbourhood Pub
means an establishment licensed to serve liquor in conjunction with or without live entertainment as
a liquor-primary establishment under the Liquor Control and Licensing Act and shall offer full lunch
and dinner menus.
Nursery
means the use of land, buildings, or structures for the purpose of growing and propagating plants,
and includes retail nurseries, wholesale nurseries, private nurseries which supply the needs of
institutions or private estates, and the sale of gardening retail items are permitted. Nurseries in the
Agricultural Land Reserve are subject to the Agricultural Land Commission Act and the Agricultural
Land Reserve Use, Subdivision and Procedure Regulation.
Office, Business
means the use of a building, outside of a home occupation, for conducting business in an office
environment, but does not generate a continuous flow of customers, and may include tourism booking
offices, industrial related offices, design offices, technology offices or consulting offices, but
specifically excludes medical and dental offices, real-estate and insurance offices.
Office, Professional
means the use of a building, outside of a home occupation, for conducting business in an office
environment for any purpose.
Off-Street Parking
means the use of private land for the parking of motor vehicles other than on a highway and includes
the parking spaces, loading spaces and the maneuvering aisle.
Outdoor Storage
means the use of land or structures for the keeping of any goods, material, merchandise or vehicles
associated with a permitted use, in an unroofed area or a roofed area with unenclosed sides, and on
the same lot for more than twenty-four (24) consecutive hours.
Park
means land used or intended to be used for active and passive public use, and includes land
dedicated as "Park" on a legal plan or otherwise created or designated by any instrument at the Land
Title Office.
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Parking Lot, Public
means the use of land for the short-term parking of vehicles that it is provided to the general public
free of charge.
Permitted
means the permissible purpose for which land, buildings or structures, may be used under the
regulations of this Bylaw.
Personal Service Establishment
means the use of a building or structure where non-medical related personal services are provided
and goods accessory to the provision of such services may be sold, and includes but is not limited,
to the following:
i.
Barber shop,
ii.
Beauty salon,
iii.
Dry cleaning and or laundromat,
iv.
Dog groomer,
v.
Electrical appliance repair,
vi.
Esthetics,
vii.
Clothing or shoe repair,
viii.
Photography studio,
ix.
Psychic reader,
x.
Tattoo parlour,
xi.
Travel agency,
xii.
Tanning salon,
xiii.
Spa facility,
xiv.
Printing shop, and
xv.
Other similar services.
Place of Worship
means the use of a building or structure wherein persons assemble for religious worship, and
accessory uses, and which is maintained and controlled by a religious body which is recognized as
exempt from taxation under the Canadian Income Tax Act.
Principal Building
means a building or structure which contains the principal use of the lot and shall include attached
garages or carports, but does not include an accessory building.
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Principal Residence
means the dwelling where an individual primarily lives, makes their home and conducts their daily
affairs, including, without limitation, paying bills and receiving mail, and is generally the dwelling unit
with the residential address used on documentation related to billing, identification, taxation and
insurance purposes, including, without limitation, income tax returns, Medical Services Plan
documentation, driver's licenses, personal identification, vehicle registration and utility bills.
Principal Use
means the main purpose for which land, buildings or structures are ordinarily used.
Public Art
means an original work of art in a publicly accessible location and created with the intention of
reflecting and/or engaging the community. Public art works may be permanent, temporary or mobile,
may be integrated into a site, or may be a stand-alone piece and may have functional and/or aesthetic
qualities.
Recreation, Indoor
means the use of a building or structure for recreational pursuits primarily undertaken within the
building or structure that require either a minimum two-storey interior space or a minimum of 186 m2
of gross floor area, such as a bowling alley, climbing gym, gymnastics, parkour or trampoline facility.
Recreation, Outdoor (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
means the use of land and accessory buildings and structures, for commercial or club organized
outdoor recreational pursuits such as motocross and stock car racing, paintball, standing wave surf
park and whitewater kayaking facility, where the primary recreation activity occurs outdoors.
Recreational Facility
means the use of land, buildings or structures for recreation, sports and leisure activities and
Assembly uses and may include but is not limited to any or a combination of the following:
i.
Sports Academy,
ii.
Playing Fields,
iii.
Aquatic Centre,
iv.
Skating and/or Curling Rink,
v.
Field House,
vi.
Gymnasium,
vii.
Concession,
viii.
Fitness Studio, and
ix.
Equipment Rentals.
and accessory uses but specifically excludes campgrounds, golf course, BMX race track, motocross
track, riding academy, and speedway.
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Recycling Facility
means the use of buildings or structures for the collection, packaging, and distribution of materials
regulated under the Environmental Management Act Product Stewardship program, but specifically
excludes the recycling of vehicle tires, outdoor storage, and processing.
Refuse Disposal Site
means the use of land, buildings or structures as a sanitary landfill, modified sanitary landfill,
hazardous waste management facility, or dry waste site approved or registered pursuant to the
Environmental Management Act, for the processing, treatment, storing, recycling or land filling of
municipal, hazardous or industrial waste, but does not include automobile wrecking yard.
Resource Extraction
means the use of land for provincially licensed mining, quarrying, digging or removal of natural
materials from either the surface or below the surface of a lot, including the following:
i.
Earth, soil, peat, sand and gravel,
ii.
Rock and natural substances that are used for a construction purpose on
land that is not within a mineral title or group of mineral titles from which the
rock or natural substance is mined,
iii.
Forestry, and
iv.
Rock or a natural substance prescribed under the Mineral Tenure Act.
Resource Processing
means the use of land, buildings, or structures for the processing of extracted quarry materials which
includes but is not limited to one or more of the following:
i.
Value added wood processing,
ii.
Material sorting,
iii.
Crushing,
iv.
Screening,
v.
Stockpiling,
vi.
Washing,
vii.
Truck loading,
viii.
The on-site operation of a portable asphalt or cement plant, and
ix.
Wholesaling of resource products.
Residential
means the use of a building or structure as a fixed place of living, and unless expressly permitted
under this Bylaw, specifically excludes any tourism accommodation and short-term rental, and
includes the following buildings and structures:
i.
Accessory residential dwelling,
ii.
Accessory residential suite,
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iii.
Apartments,
iv.
Carriage houses,
v.
Detached dwelling,
vi.
Duplex dwelling,
vii.
Manufactured or Mobile homes,
viii.
Secondary suite, and
ix.
Townhouse dwelling.
Restaurant
means an eating establishment where food is prepared and served, in a building on the same lot, for
sale to the public for consumption primarily at tables within the building or on a patio on the same lot,
specifically excluding drive through uses, neighbourhood pubs and liquor primary establishments.
Retail
means the commercial selling of goods, wares, articles, or merchandise to the ultimate consumer for
personal consumption or household use, and not for resale purposes, but specifically excluding
personal services, outdoor sales, convenience store and mobile vending.
Retail, Industrial
means the use of land, buildings and structures for the retail of industrial, automotive, or agricultural
related products and equipment, and may include uses such as automotive and agricultural parts,
specialty tools, manufacturing, moving and other similar uses.
Retail, Recreation and Leisure
means a retail use that specializes in the selling, renting and repairing of goods and articles that are
used in the pursuit of recreation and leisure activities of the outdoor variety, such as skiing,
snowboarding, cycling and mountain biking, hiking, camping, mountain climbing, kayaking, canoeing
and other similar activities.
Riding Academy
means the use of land, buildings or structures for the boarding and care of horses, and includes
instruction for riding, jumping and showing, horse rentals and accessory equestrian related events
or shows, but excludes a commercial horse racing track. Riding Academies in the Agricultural Land
Reserve are subject to the Agricultural Land Commission Act and the Agricultural Land Reserve Use,
Subdivision and Procedure Regulation.
School
means the use of land, buildings or structures for the provision of education to children or adults, and
includes pre-school, kindergarten, elementary, middle, secondary and post-secondary institutions,
as well as language and other professional or technical education.
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Screening
means the use of a continuous planting of vegetation or other similar solid fence like barriers or any
combination thereof, which effectively obstructs the view or denies physical access to land or a
portion thereof and may be broken by driveways or walkways.
Secondary Suite
means a separate dwelling unit which is completely contained within a detached dwelling, which
meets the requirements of the BC Building Code, and is subordinate in size, extent or purpose to the
residential principal building on the lot upon which the secondary suite is located.
Setback
means the minimum distance, measured from the respective lot line, that a building or structure shall
be set back from that lot line.
Short-Term Rental (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024; Amendment Bylaw No. 1000,
2025/Adopted November 25, 2025)
means the service of accommodation in the property of a property host, in exchange for a fee, that
is provided to members of the public for a period of time less than 90 consecutive days but does not
include home exchange, bed and breakfast, bed and breakfast inn, hotel, or hostel.
Small Scall Multi Unit Housing
means combinations of detached dwellings, duplexes, Houseplexes, and accessory dwelling units
that are eligible for up to four (4) dwelling units on a lot, that are compatible in form and massing with
the residential neighbourhood, and in accordance with section 6.8 of this bylaw.
Speedway
means the use of land as an outdoor stadium or track for automobile (i.e., stock car) or motorcycle
racing.
Storage Facility, Self-Service
means the use of land, buildings or structures for the commercial purpose of providing individual
storage spaces for the public.
Storage Facility, Outdoor Equipment
means the use of land for the storage of equipment, vehicles, products and materials outside the
principal or accessory buildings on a property.
Storey
means the same meaning as under the BC Building Code.
Storey, First
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means the lowest storey of a building or structure, excluding a basement, but having its floor not
more than two (2) meters above building grade.
Storey, Half
means a storey of a building or structure where the floor area, existing, proposed or as may be
extended over open-to-below space, and having a minimum ceiling height of 1.2 m, does not exceed
50% of the storey immediately below.
Structure
means anything that is constructed, fixed to, supported by, or sunk into land or water.
Subdivision
means the division of land or lots into two (2) or more lots, whether by plan, apt descriptive words or
otherwise and includes a long-term land lease, boundary adjustment, consolidation of two (2) or more
lots, or creation of bare land strata lots.
Temporary Use
means a temporary commercial or industrial use permitted under a temporary use permit issued
pursuant to section 7.26 of this Bylaw and the Local Government Act.
Tourism Accommodation
means the use of land, buildings, or structures for providing temporary commercial lodging by visitors
for a period not to exceed thirty (30) consecutive days or 182 days in a twelve (12)-month period,
and specifically excludes residential occupancy by any person other than the owner and short-term
rental unless specifically permitted in this Bylaw.
Unit
means a building, or a portion thereof that is individually demised by interior or exterior walls and has
a separate entrance, which may be leased or sold individually.
Utilities
means a use providing for the essential servicing of the Village of Pemberton with water, sewer,
electrical, telephone and similar services where such use is established by the Village, by another
governmental body or by a person or company regulated by and operating under federal and
provincial legislation and includes broadcast transmission facilities but excludes a works yard.
Veterinary Clinic
means the use of land, buildings or structures in which animals are medically treated or hospitalized.
Watercourse
means a river, creek, stream, wetland or other body of water as defined by the British Columbia
Riparian Area Regulation.
Waste Transfer Station
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means the use of land, buildings or structures for the temporary deposition of waste and the deposit
of recyclable materials intended for removal in vehicles.
Wetland
has the same meaning as under the Riparian Areas Regulation.
Wholesale
means the sale of goods to retail operators or to other wholesale operators or to contractors or
manufacturers for resale or for incorporation into other products.
Workforce Housing
means housing that is secured through a housing agreement and intended to provide non-market
homes affordable to the civic and essential workforce as identified in the most recent housing
needs report. It includes home occupations as an accessory use.
Works Yard
means the use of land, buildings and structures operated by, or on behalf of, the Village of
Pemberton, Province of British Columbia or Government of Canada, for the interior and exterior
storage, maintenance or repair of buildings or structures, infrastructure, materials or equipment,
include office space but specifically excludes communication towers and electrical sub-stations.
Zone
means an area of land established under Part 5 and the Schedules of this Bylaw and subject to
regulations in this Bylaw.
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PART 4:
Measurements and Calculations
4.1
Measurement Guidelines
(a)
All dimensions and measurements in this Bylaw are expressed in the Standard
International Units (metric) system.
(b)
Any imperial conversions are provided for convenience and have no force or effect.
(c)
All maximum dimensions shall mean equal to or less than, and all minimum
dimensions shall mean equal to or greater than.
(d)
In the event of any conflict between measurements in this Bylaw, the more onerous
measurement shall apply.
(e)
In the event of a conflict between a measurement stated in this bylaw and a graphic
illustration of that measurement, the text description shall prevail.
4.2
Abbreviations
(a)
For the purposes of this Bylaw, the following units of measure may be abbreviated
as specified in brackets:
i.
Metre (m);
ii.
Square metre (sq. m or m2);
iii.
Cubic metre (m3);
iv.
Hectare (Ha);
v.
Units per hectare (u/Ha);
vi.
Percent (%).
4.3
Metric Conversion, Measurements and Abbreviations
(a)
The following metric conversions are provided for the convenience of the reader of
this Bylaw:
1 m = 3.28 feet
1 sq. ft. = .093 sq. m
1 foot = 0.33 m
1 hectare (ha) = 2.47 acres
1 sq. m (m2) = 10.76 sq. ft.
1 acre = 4047 sq. m or 0.405 ha
1.5 m = 4.92 feet
3 m = 9.84 feet
4.6 m = 14.76 feet
7.5 m = 24.60 feet
10.5 m = 34.45 feet
18 m = 59.06 feet
1,400 sq. m = 15,064 sq. ft.
or 0.34 acres
2,000 sq. m = 21,520 sq. ft.
or 0.49 acres
4,047 sq. m = 43,560 sq. ft.
or 1 acre
2 ha = 4.94 acres
4 ha = 9.88 acres
20 ha = 49.4 acres
Village of Pemberton Zoning Bylaw 832, 2018
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4.4
Building and Structure Height
(a)
Where a zone or regulation establishes a maximum height for a building or
structure, the building or structure shall be constructed no higher than the
maximum height as determined by this Bylaw.
(b)
Height shall be measured by a vertical line from the building grade to the point
of the roof structure determined by the roof type as follows:
i.
For flat or domed roofs, height shall be measured to the highest point of the
roof structure.
ii.
For sloped, pitched, butterfly, or gambrel roofs, height shall be measured to
the mid-point between the top of the exterior wall to the highest point of the
roof structure.
iii.
For roofs with dormers, height shall be measured to the mid-point between
the top of the exterior wall forming the dormer and the highest point of the
roof structure.
(c)
For clarity:
i.
the maximum building height in a zone may vary according to the use of the
building or structure, as specified in the zone;
ii.
where the regulation refers to a specific type of building or structure, the
regulation shall be applied to that type of building or structure only.
(d)
Despite the height regulations in any zone or regulation, the maximum building
height may be exceeded for the following features, provided that portions of, or
projections from, buildings or structures shall not exceed 18.0 m:
i.
Communication towers and antennas;
ii.
Architectural feature such as a clock tower, water tower, etc.;
iii.
Chimneys;
iv.
Flag poles;
v.
Elevator shafts;
vi.
Stair and hose towers;
vii.
Micro-wind turbines; and
viii.
Solar panels.
(e)
Agricultural buildings and structures constructed on land zoned Agricultural (A-1)
are exempt from the building height requirements.
4.5
Fence Height
(a)
The height of a fence, wall or similar screen shall be determined by measurement
from the ground level at the average natural grade level within 1.0 m of both sides of
such fence, wall or similar screen.
4.6
Density Calculation with Land Dedication
(a)
When calculation of density involves the dedication of land to any government
agency for environmental, park, or other public purpose, the density calculation shall
be based on the area of the lot before dedication.
Village of Pemberton Zoning Bylaw 832, 2018
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4.7
Floor Area
(a)
Where a zone or regulation establishes a maximum floor area for a building, the
floor area of the building shall not be greater than the established maximum.
(b)
Floor area is a measurement of the usable floor space of the interior of a building
including all storeys and half-storeys, measured as follows:
i.
Floor area is measured from the mid-point of each exterior wall.
ii.
Basements, common corridors providing access to individual units, interior
stairwells, elevator shafts, common mechanical and electrical rooms, laundry
rooms, under-building parking, unenclosed decks, and other similar common
areas necessary to service the building or its inhabitants are excluded from
the calculation of floor area.
iii.
Buildings and structures utilizing energy efficient building techniques that
result in thicker wall construction, may calculate floor area from a point mid-
way between the mid-point of the exterior wall and interior face of the exterior
walls.
(c)
The area of an amenity provided in a building under the terms of density bonus
provisions in any amenity zone is excluded from the calculation of maximum floor
area.
4.8
Floor Area Ratio (FAR)
(a)
Where a zone or regulation establishes a maximum Floor Area Ratio (FAR), the floor
area of the buildings or structures shall not exceed the maximum FAR.
(b)
The calculation of FAR is a measure of density and is determined as follows:
i.
FAR is the ratio of floor area of the principal and accessory buildings and
structures on a lot to the lot area, and shall be calculated by dividing the floor
area of the buildings on a lot by the total gross area of the lot, expressed as a
ratio.
Village of Pemberton Zoning Bylaw 832, 2018
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4.9
Gross Floor Area (GFA)
(a)
Gross floor area is measured from mid-point of all exterior walls of the building or
structure and includes a garage.
(b)
Buildings and structures utilizing energy efficient building techniques that result in
thicker wall construction, may calculate floor area by determining mid-point of the
exterior walls, and calculating floor area from the interior face of the exterior wall.
(Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
4.10
Lot Coverage
(a)
Where a zone establishes maximum lot coverage, the building footprints of all
buildings and structures shall not exceed the maximum specified in any zone or
regulation.
(b)
Lot coverage shall be calculated by dividing the sum of the building footprints for all
buildings and structures on the lot by the total area of the lot, expressed as either
an area or a percentage.
4.11
Maximum Number, Size, and Density
(a)
Where a zone or regulation establishes a maximum number of buildings, structures,
or units, there shall be no greater number of buildings, structures, or units than the
specified maximum.
(b)
When calculation of density involves a number of units per lot and yields a fractional
number, the required number of units permitted shall be rounded down to the lowest
whole number.
(c)
Measures of density in this Bylaw include the following measures established in any
zone or regulation:
i.
Maximum number of buildings or structures;
ii.
Maximum number of units, including units per hectare (U/Ha);
iii.
Maximum floor area;
iv.
Maximum percentage of a lot, building or structure;
v.
Maximum lot coverage;
vi.
Maximum floor area ratio (FAR).
4.12
Minimum Lot Size and Dimensions
(a)
Where a zone or regulation establishes a minimum lot size, the minimum lot size is
the minimum area of a lot that may be created by subdivision in that zone.
(b)
Where a zone or regulation establishes minimum parcel dimensions for lot width and
lot depth, the minimum dimensions are the minimum dimensions of a lot that may be
created by subdivision in that zone.
(c)
For lots fronting a cul-de-sac, or having an irregular lot boundary, the lot width
frontage shall be measured from a point on each side lot line 7.5 metres from the
intersection of the side and front lot lines.
(d)
For panhandle lots, the front lot line measurement includes the width of the access
strip and the front lot line.
Village of Pemberton Zoning Bylaw 832, 2018
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(e)
For panhandle lots, a maximum of 10% of the measurement of lot area may be
comprised by the area of the access strip. For clarity, the area of the panhandle may
be greater than 10%, but only maximum of 10% shall be included in the calculation of
lot area for the purpose of measuring the minimum lot size.
4.13
Projections into Required Setback and Exceptions to Siting Requirements
(a)
Every part of any setback required by this Bylaw shall be open and unobstructed by
any building or structure, except that a setback may contain architectural or
functional structures or a building or structure feature such as but not limited to;
window sills, sunlight control projections, balconies, cornices, eaves, gutters,
chimneys, pilasters, canopies, ornamental features or window bays, provided that:
i.
No such structure or feature shall project more than 0.6 m into any required
setback;
ii.
The total combined length of all projections shall not exceed 40% of the
length of each applicable facade on each storey;
iii.
A fence that complies with the height restrictions of this Bylaw is allowed
along any lot line, or between a lot line and a permitted building or structure
for the purpose of establishing a barrier between any setback area;
iv.
Stairs accessing a deck, porch or veranda may be located within a front
setback, exterior side setback, or rear setback but shall not be located within
any interior side setback;
v.
Structures necessary to ensure that a building or structure and its facilities
can be approached, entered and used by persons with physical or sensory
disabilities in accordance with the BC Building Code, may project into any
required front, rear or side setback provided that the structure is not closer
than 0.3 m from any side lot line;
vi.
An uncovered patio or terrace no greater than 0.6 m above grade, which may
be open or enclosed, may be sited in any portion of a lot except as otherwise
provided for in this Bylaw;
vii.
A permanent swimming pool may project into a side or rear setback area
provided that the pool shall not be constructed within 1.8 m of a lot line;
(Amendment Bylaw No. 862, 2019/Adopted May 7, 2019) (Amendment Bylaw No. 924,
2022/Adopted May 17, 2022)
viii.
A retaining wall to a maximum height of 1.2 m may be sited on any portion of
a lot.
4.14
Setback from Lot Line
(a)
Where a zone or regulation establishes a minimum or maximum setback for front,
side or rear lot line setbacks, buildings and structures must be located outside of
the minimum setback, or inside the maximum setback.
(b)
Setback shall be determined in accordance with the following measurement
guidelines in any zone:
i.
setback shall be the minimum distance between the closest point of a
building or structure and the lot line measured perpendicular to the lot line.
ii.
the minimum setback for buildings and structures in the Airport Zone shall be
Village of Pemberton Zoning Bylaw 832, 2018
48
measured from the leasehold boundaries.
iii.
Fences are exempt from setback unless a setback is specifically established
in this Bylaw.
4.15
Sight Line Requirements at Intersections
(a)
For corner lots, nothing shall be constructed or maintained, nor shall any type of
hedge be maintained or allowed to grow, exceeding a height greater than 1.0 m
above the finished grade of the highway or otherwise so as to obstruct the clear
vision and/or sight triangle lines formed by extending 6.0 m in an area bounded by
the intersecting lot lines at a street corner and a line joining points along said lot
lines.
Village of Pemberton Zoning Bylaw 832, 2018
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PART 5:
Establishment of Zones
5.1 Creation of Zones
(a)
The entire Village of Pemberton is divided into zones, the location of which is
depicted on Schedule A (Zoning Map), which is attached to and forms a part of this
Bylaw.
5.2 Zone Boundaries
(a)
The official version of the zoning map shown as Schedule A is kept in electronic form
in the Municipality's GIS System. In the case of conflict between the contents of a
paper document copy of the zoning map and the electronic form of the zoning map,
the contents of the electronic version shall prevail.
(b)
Where a zone boundary follows a highway, lane, railway, pipeline, power line, utility
right-of-way, or easement, it follows the centre line, unless otherwise clearly
indicated on the zoning map.
(c)
Any dashed zoning boundary lines used in Schedule A must be interpreted as if they
were solid lines.
(d)
Where a lot is divided by a zone boundary, the areas created by such division must
be regulated based upon the requirements of each zoning boundary.
(e)
Where a zone boundary is shown as approximately following the edge, shoreline, or
high-water mark of a river, lake, or other water body, it follows that line. In the event
of change, it moves with the edge or shoreline.
(f)
Where a zone boundary is shown as approximately following a property line, it
follows the property line.
(g)
Where a zone boundary is shown as approximately following a topographic contour
line or a top-of-bank line, it follows that line.
(h)
In circumstances not covered above, the zone boundary shall be determined by the
scale of the zoning map.
(i)
When any street is closed, the roadway lands have the same zoning as the abutting
land. When abutting lands are governed by different zones, the centre of roadway is
the zone boundary unless the zone boundary is shown clearly following the edge of
the roadway. If the roadway is consolidated with an adjoining parcel, the parcel's
zoning designation applies to affected portions of the roadway.
Village of Pemberton Zoning Bylaw 832, 2018
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5.3 Zone Names
(a)
The zoning boundaries, as shown on Schedule A, are as follows:
Agricultural Zones
Abbreviation
Agriculture 1
A-1
Rural Residential 1
RR-1
Detached Residential Zones
Residential 1
R-1
Small Lot Residential 2
R-2
Duplex Lot Residential 3
R-3
Residential Country Inn 1
RC-1
Residential Manufactured Home Park 1
MHP-1
Multi-Family Residential Zones
Multi-Family Residential 1
RM-1
Multi-Family Residential 2
RM-2
Residential Amenity 1 Zones, Sunstone
Residential Amenity 1
RSA-1
Residential Townhouse Amenity 1
RTA-1
Residential Amenity 3
(Amendment Bylaw No. 869, 2019/Adopted
November 19, 2019)
RSA-3
Residential Amenity 2 Zones, The Ridge
Residential Amenity 2
RSA-2
Residential Townhouse Amenity 2
RTA-2
Commercial Zones
Town Centre Commercial 1
C-1
(Amendment Bylaw No. 963, 2022/Adopted October
17, 2023)
Portage Commercial 3
C-3
Service Commercial 4
C-4
Neighbourhood Pub Commercial 5
C-5
Industrial and Airport Zones
Industrial Park
M-1
Resource Industrial
M-2
Airport 1
AP-1
Civic, Institutional and Recreation Zones
Public
P-1
Parks and Recreation
PR-1
Outdoor Recreation
OR-1
Village of Pemberton Zoning Bylaw 832, 2018
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5.4 Comprehensive Development Zones
(a)
Comprehensive Development Zones shall be numbered in sequence, prefaced by
"CD-", and be attached to and form part of this Bylaw.
Comprehensive Development Zones
Abbreviation
Creekside
CD-1
Mountain Trails
CD-2
Cottonwood Court
CD-3
Pioneer Junction
CD-4
Tiyata at Pemberton
CD-5
SSCS Harrow Rd Affordable Housing
CD-6
Education
E-1
Resource (Amendment Bylaw No. 862, 2019/
Adopted May 7, 2019)
RES-1
Community Watershed Protection
(Amendment Bylaw No. 862, 2019/Adopted May 7,
2019)
CWP-1
Village of Pemberton Zoning Bylaw 832, 2018
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PART 6:
General Regulations
6.1 General Compliance
(a)
No person shall use, occupy or permit any person to use or occupy any land, building
or structure in contravention of this Bylaw.
(b)
Nothing contained within this Bylaw relieves any person from the responsibility to seek
and comply with other legislation applicable to that use, activity or other matter regulated
under this Bylaw.
(c)
Every use of land, buildings or structures permitted in each zone shall conform to all the
regulations of the applicable zone and all other regulations of this Bylaw.
(d)
A use is only permitted if lawfully established and ongoing in accordance with:
i.
Any applicable conditions of use, as identified in each zone;
ii.
Such further general regulations applicable to the use, as identified
throughout this Bylaw;
iii.
A lot shall not be created by subdivision unless such lot is equal to or greater
than the minimum lot size and minimum lot width specified for the zone in
which it is located in accordance with the Zoning Map, unless otherwise
specified in this Bylaw.
(e)
A building or structure shall not be constructed, sited, moved or altered unless it complies
with the following;
i.
The General Regulations of this Bylaw; and
ii.
All regulations and requirements specified for the zone in which it is located.
(f)
A building or structure shall not be constructed, sited, moved, or altered unless its
screening requirements are provided as specified for the zone in which it is located,
unless otherwise specified in this Bylaw.
(g)
A continuation of a non-conforming use, building, or structure shall be subject to the
provisions of the Local Government Act.
6.2 General Prohibitions
(a)
Any use of land, buildings or structures not expressly permitted in this Bylaw is
prohibited in every zone, and where a particular use is expressly permitted in one
zone, such use is prohibited in every zone where it is not expressly permitted.
6.3 Uses Permitted in All Zones
(a)
Except as otherwise stated in this Bylaw, the following land uses are permitted in all
zones subject to compliance with all regulations that apply to such uses under this
Bylaw and, if uses are in the ALR, subject to compliance with the Agricultural Land
Commission Act and Agricultural Land Reserve Use, Subdivision and Procedure
Regulation:
i.
accessory uses, buildings, and structures, or works customarily incidental to
a permitted use, provided they are located on the same lot or within the same
strata plan as the permitted use and includes show homes and sales offices;
ii.
Community garden, horticulture;
Village of Pemberton Zoning Bylaw 832, 2018
53
iii.
Any approved environmental protection, restoration and enhancement
project;
iv.
Flood control works undertaken by a government agency;
v.
Highway;
vi.
Landscaping, landscape buffer, screening, fence;
vii.
Park;
viii.
Utility services, excluding offices, maintenance garages and storage areas;
ix.
Temporary buildings, structures or storage of materials to a maximum of one
(1) for an approved construction project on the same lot provided such
temporary buildings, structures and storage areas are removed within thirty
(30) days of the completion of the project;
x.
Temporary occupancy of a mobile home or recreational vehicle by an owner
of a lot during construction of a permitted residential dwelling on the same lot,
that is hooked up to a community water and community sewer system and
approved by the Village of Pemberton;
xi.
Trails, subject to approval of the Agricultural Land Commission if located in
the Agricultural Land Reserve;
xii.
Government Services;
xiii.
Ecological Reserves;
xiv.
Watershed Protection;
xv.
Filming;
xvi.
Places of Worship;
xvii.
Public Parking Lot.
xviii.
Emergency Shelter (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
6.4 Uses Prohibited in Zones
(a)
A person shall not keep or permit on any lot in any zone, any object or chattel
which is unsafe, unsightly, or adversely affects the amenities of the zone. This
includes but is not limited to dismantled or wrecked motor vehicles, and any
excavation, stockpiling or storage of materials, explosives, flammable liquids, diesel
fuel and gasoline products, unless otherwise permitted in this Bylaw;
(b)
For greater certainty, the following uses are prohibited in all zones except where
permitted for in this Bylaw:
i.
A track for the racing of motor vehicles;
ii.
The on-street parking of personal water craft and other watercraft trailers,
campers, utility trailers and recreation vehicles;
iii.
Storage of explosives, unless authorized by government agencies under the
Canada Explosive Act; and
iv.
A use involving the storage of scrap metal, disabled vehicles, disused items,
or as an automobile salvage and wrecking yard;
v.
Short-Term Rental except where permitted for in this Bylaw;
Village of Pemberton Zoning Bylaw 832, 2018
54
vi.
Cannabis, Dispensary.
(c)
The following uses and structures are prohibited in all residential, commercial, and
civic use zones except where permitted for in this Bylaw:
i.
the slaughtering, rendering or processing of any fish or animal products or by-
products;
ii.
barb wire fencing;
iii.
a shipping/cargo container or other form of container unless it is listed as a
permitted use in the respective zone;
iv.
any land use which produces malodorous, toxic or noxious matter, or
generates vibrations, heat, glare or radiation discernible beyond the
boundaries of the lot;
v.
Recycling facility unless it is listed as a permitted use in the respective zone;
vi.
Refuse disposal site unless it is listed as a permitted use in the respective
zone;
vii.
Waste transfer station unless it is listed as a permitted use in the respective
zone;
viii.
Resource processing; and
ix.
Gaming and gambling establishments, other than charity gaming.
6.5 Subdivision of Land
(a)
No lot shall be created by Subdivision that has less than the minimum dimensions
and area established by this Bylaw.
(b)
No lot shall be created by subdivision that has less than 10% of its perimeter
fronting on a highway.
i.
Notwithstanding the minimum frontage requirement, Council, or Council's
delegate, may exempt parcels of land from the 10% minimum frontage
requirement;
ii.
Notwithstanding the minimum frontage requirement, the minimum frontage
for lots of land in a cul-de-sac may be less than 10% of the perimeter of the
lot, provided that the minimum frontage is not less than 7.5 m and the width
of the lot is not less than 10 m measured 5 m back in a perpendicular manner
from the front lot line.
(c)
The consolidation of two (2) or more lots into a single lot is exempted from
minimum lot size requirements in any zone.
(d)
The realignment of lot lines to adjust the boundaries between two (2) or more lots
may be permitted provided that:
i.
the number of new lots created by subdivision would be equal to or less than
the number of lots that existed prior to the subdivision;
ii.
the boundary change would not result in the creation of a lot having less than
80% of the area of any of the original lots for lots conforming to minimum lot
size requirements;
iii.
the boundary change would result in equal parcel areas equivalent to the
Village of Pemberton Zoning Bylaw 832, 2018
55
original lots for lots that do not conform to minimum lot size requirements.
(e)
Unless the pattern of existing subdivision precludes it, and unless it is
impracticable, side lot lines shall be perpendicular or radial to the adjoining
highway.
(f)
A panhandle lot shall not be created where the access strip is narrower than 10 m.
(g)
Subdivision in the Agricultural Land Reserve is subject to compliance with the
Agricultural Land Commission Act and Agricultural Land Reserve Use, Subdivision
and Procedure Regulation.
6.6 Undersized Lots
(a)
In each zone, all lots that have a lesser lot area, frontage or depth than required in
this Bylaw, and that were lawfully created and registered at the BC Land Title Office
prior to the date of adoption of this Bylaw, are hereby deemed conforming to the
parcel dimension and size requirements of this Bylaw.
6.7 Conversion of Buildings or Structures
(a)
Buildings or structures may be converted, altered or remodeled for another use,
provided that:
i.
The Building Official certifies that the building or structure is structurally
suitable for such conversion;
ii.
The converted building or structure conforms to all provisions and regulations
of the zone in which the lot is located; and
iii.
The parking requirements for the intended use are met.
6.8 Small Scale Multi Unit Housing (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
Small Scale Multi Unit Housing is permitted, in accordance with the regulations in this
section and regulations in the applicable zones:
Residential 1 (R-1)
Small Lot Residential 2 (R-2)
Duplex Lot Residential 3 (R-3)
Residential Amenity 1 (RSA-1)
Residential Amenity 2 (RSA-2)
Residential Amenity 3 (RSA-3)
Residential Townhouse Amenity 1 (RTA-1)
Residential Townhouse Amenity 2 (RTA-2)
Comprehensive Development Zone 5 (CD-5), Area 2 and Area 3 only
6.8.1 Permitted Principal Uses
(a) Dwelling, Detached
(b) Duplex
(c) Houseplex
(d) Co-Housing
Village of Pemberton Zoning Bylaw 832, 2018
56
6.8.2 Permitted Accessory Uses
(a) Bed and Breakfast
(b) Carriage House
(c) Garden Suite
(d) Home Occupation
(e) Lock-Off Suite
(f) Secondary Suite
6.8.3
Density Regulations
(a) Maximum Dwelling Units per lot: 4
(b) For the purpose of calculating (a) Maximum Dwelling Units on lots, each lot
shall have at least one (1) principal dwelling and up to three (3) accessory
dwelling units.
6.8.4 Building Regulations
(a) Minimum Front Setback:
i.
Principal Building
6 m
ii.
Carriage House
4 m
(b) Minimum Rear Setback:
i.
Principal Building
5 m
ii.
Accessory Building
1.5 m
(c) Minimum Interior Side Setback:
1.5 m
(d) Minimum Exterior Side Setback:
4.6 m
(e) Maximum Lot Coverage:
40%
(f) Maximum Number of Principal Buildings:
1
(g) Maximum Number of Accessory Buildings:
2
(h) Maximum Building Height, Principal:
11.5 m
i. Notwithstanding the Maximum Building Height in 6.8.4(j),
the Maximum Building Height, Principal in
Comprehensive Development Zone 5 (CD-5), Area 2 and
Area 3, shall not exceed 10 m.
(i) Maximum Building Height, Accessory:
4.6 m
(j) Maximum Building Height, Carriage House
2 storeys
(k) Maximum Building Height, Garden Suite
1 storey
Village of Pemberton Zoning Bylaw 832, 2018
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PART 7:
Additional Zoning Regulations For Certain Uses
7.1 Accessory Buildings or Structures and Uses
(a) Accessory buildings, structures or uses shall comply with the following:
i.
An accessory building or structure shall not be situated on a lot unless the
permitted building or structure, to which the accessory building or structure is
incidental, has already been erected or will be erected simultaneously with
the accessory building or structure on the same lot, with the exception of one
(1) accessory building or structure not exceeding 25 m2 of gross floor area,
used only for storage purposes;
ii.
A garage or carport attached to a permitted building or structure, by an
enclosed, heated area that is not more than five (5) metres in length, is
deemed to be a portion of the permitted building or structure;
iii.
Land comprising the common property in a strata plan may be used for
purposes accessory and customarily incidental to permitted uses on the
strata lots within the same strata plan. For the purposes of accessory
buildings or structures that may be constructed on common property, the
same setback, building height, lot coverage and other building or structure
standards apply as those which apply to strata lots in the same zone;
iv.
No part of an accessory building or structure shall be used for residential use
purposes or short-term rental, except as otherwise provided for in this Bylaw;
v.
No accessory building shall be located in the front yard except a garage,
carport, or carriage house; (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
vi.
Unless otherwise stated in this Bylaw, accessory buildings and structures
shall comply with the following lot line setbacks:
a. Rear lot line:
1.5m
b. Interior side lot line
1.5m
vii.
Accessory buildings shall have the same exterior side lot line setback as the
principal building.
7.2
Accessory Greenhouse
(a)
Accessory greenhouse shall comply with the following:
i.
On lots zoned for residential uses that are less than 0.4 Ha in area, the
combined total area of greenhouses shall not exceed 25% of the lot area;
ii.
Greenhouses associated with agriculture use shall comply with the following
required lot line setbacks:
Building
Maximum Front &
Exterior Side Setback
Maximum Interior
Side & Rear Setback
Greenhouse
7.5 m
4.5 m
Village of Pemberton Zoning Bylaw 832, 2018
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7.3
Accessory Residential Dwellings
(a)
If an accessory residential dwelling unit is permitted in a commercial, institutional or
industrial zone, the accessory residential dwelling shall comply with the following
regulations:
i.
Only one (1) accessory residential dwelling unit is permitted per commercial
or institutional unit;
ii.
A maximum of four (4) accessory residential dwelling units per lot are
permitted in the Industrial 1 (M-1) zone. (Amendment Bylaw No. 862, 2019/Adopted
May 7, 2019)
iii.
An accessory residential unit shall not exceed 20% of the gross floor area of
the principal use.
7.4
Agricultural Uses Permitted and Prohibited in the Agriculture Zone
(a)
Activities explicitly designated as farm uses pursuant to the Agricultural Land Use,
Subdivision and Procedure Regulation, BC Regulation 171/2002, are permitted in
all Agricultural Zones within the Agricultural Land Reserve;
(b)
Unless an activity is explicitly designated a farm use, or permitted by this Bylaw
pursuant to the Agricultural Land Use, Subdivision and Procedure Regulation, BC
Regulation 171/2002, the use is prohibited unless approval has been granted by
the Agricultural Land Commission for a non-farm use or is subject to Section 23(1)
of the Agricultural Land Commission Act, and the non-farm use is permitted by this
Bylaw;
(c)
Activities permitted by this Bylaw pursuant to the Agricultural Land Use,
Subdivision and Procedure Regulation, BC Regulation 171/2002, are explicitly
identified as permitted uses within individual Agricultural Zones; for such activities,
conditions of use apply in accordance with this Bylaw.
7.5
Agri-tourism Activities
(a)
Agri-tourism activities shall be carried out only on land within the Agricultural Land
Reserve and as a use accessory to an agricultural use.
(b)
The use shall be carried out on land that is classified as a farm under the BC
Assessment Act and shall not use, construct or erect any permanent facilities for
Agri-tourism activities without an approved non-farm use application from the
Agricultural Land Commission and a valid building permit for assembly use.
(c)
Agri-tourism activities shall be temporary and seasonal and promote or market farm
products grown, raised or processed on the farm.
(d)
Agri-tourism may include the following tourism related activities on a farm:
i.
Agri-tourism accommodation
ii.
An agricultural heritage exhibit display
iii.
Farm tour or farm operation demonstration
iv.
Cart, sleigh or tractor rides on the land comprising the farm
v.
Activities that promote or market livestock from the farm, (e.g. horseback
rides, cattle show, petting zoo)
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vi.
Dog trials held at the farm (agility and stock dog events)
vii.
Harvest festivals and other seasonal events (e.g. pumpkin patch, garlic
festival or corn mazes) for the purpose of promoting farm products produced
on the farm
viii.
Temporary services ancillary to the Agri-tourism activities that support or
enhance the activity such as portable washrooms, ticket booths and eating
areas.
(e)
The following activities are specifically excluded:
i.
Bistros, Cafes and Restaurants
ii.
Paint ball
iii.
Dirt Bike/ATV trails
iv.
Mini-trains or model airplane runways
v.
Activities operated as a commercial business
vi.
Any other activity not considered by the Agricultural Land Commission to be
an Agri-tourism activity.
7.6
Backyard Hen Keeping
(a)
For lots on which backyard hen keeping is permitted, the following regulations apply:
i.
Backyard hen keeping is permitted on lots greater than 600 m2 and less than
0.4 ha in area; on lots that are 0.4 ha or greater, backyard hen keeping shall
comply with regulations and conditions of use for Agriculture;
ii.
A maximum of five (5) hens is permitted and no roosters are permitted; and
iii.
An enclosure for the keeping of hens shall be provided.
(b)
Buildings, structures and enclosures used for the keeping of hens shall:
i.
Not be located within a front yard and within three (3) m of a side or rear lot
line;
ii.
Not occupy an area in excess of 10 m2;
iii.
Not exceed a height of 2.5 m; and
iv.
Be secured by electric fencing.
(c)
Backyard hen keeping shall not create a nuisance of any kind.
(d)
Backyard hen keeping shall comply with all other Municipal Bylaws including
applicable Animal Control Bylaws.
7.7
Backyard Bee Keeping
(a)
For lots on which backyard bee keeping is permitted, the following regulations apply:
i.
backyard bee keeping is permitted on lots greater than 600 m2 and less than
0.4 ha in area; on lots that are 0.4 ha or greater, backyard bee keeping shall
comply with regulations and conditions of use for Agriculture;
ii.
An enclosure for the keeping of bees shall be provided.
(b)
Buildings, structures and enclosures used for the keeping of bees shall:
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iii.
Not be located within a front yard and within three (3) m of a side or rear lot
line;
iv.
Not occupy an area in excess of 10 m2;
v.
Not exceed a height of 2.5 m; and
vi.
Be secured by electric fencing.
(c)
Backyard bee keeping shall not create a nuisance of any kind.
(d)
Backyard bee keeping shall comply with all other Municipal Bylaws including
applicable Animal Control Bylaws.
7.8
Bed and Breakfast
(a)
Where permitted in a zone, one (1) bed and breakfast use per lot is permitted in a
detached dwelling subject to the following regulations:
i.
The bed and breakfast use is accessory to the principal residential use,
occurs in the principal residence of the land owner, and operated by a full-
time and present resident;
ii.
A maximum of two (2) bedrooms in a detached dwelling are used for bed and
breakfast;
iii.
One (1) additional parking space per bedroom rented out as bed and
breakfast is required; and
iv.
A bed and breakfast use cannot be combined with any other home
occupation.
(b)
The area designated for bed and breakfast use (including guest rooms and any
common room provided outside of the residential occupant's personal area) must not
contain cooking facilities and must not contain refrigerators in excess of six (6) cubic
feet. (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(c)
A bed and breakfast shall not be combined with any other tourism accommodation
use.
(d)
A valid Village of Pemberton business license is required.
7.9
Bed and Breakfast Inn (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
(a)
Where permitted in a zone, one (1) bed and breakfast inn use per lot is permitted in
a detached dwelling subject to the following regulations:
i.
The bed and breakfast inn use is accessory to the principal residential use,
and operated by a full-time and present resident;
ii.
A minimum of three (3) and a maximum of five (5) bedrooms in a detached
dwelling are used for bed and breakfast inn, except if the bed and breakfast
inn is located in the Agricultural Land Reserve (ALR), then the maximum is
four (4) bedrooms; (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
iii.
One (1) additional parking space per bedroom rented out as bed and
breakfast inn is required;
iv.
A bed and breakfast inn use cannot be combined with any other home
occupation.
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v.
The bed and breakfast inn use must be contained within the principal
residence or a secondary suite within the principal residential building.
(Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
(b)
Repealed. (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
(c)
A valid Village of Pemberton business license is required.
7.10 Carriage Houses (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
(a)
Where permitted in a zone, carriage houses shall be subject to the following
regulations:
i. The distance between the permitted dwelling unit and the carriage house shall
be a minimum of 3.0 m;
ii. The accessory dwelling unit of the carriage house shall be located on the
second storey of an accessory building over top of a garage, storage building,
or similar; (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
iii. Notwithstanding any other regulation in a zone, accessory buildings with a
carriage house may be constructed to a maximum height of two (2) storeys;
iv. The gross floor area of the residential dwelling in a carriage house shall not
exceed 90 m2;
v. A carriage house shall be connected to a community sewer system and a
community water system; and
vi. Repealed
7.11 Combined Commercial Residential Use (Amendment Bylaw No. 862, 2019/Adopted
May 7, 2019)
(a)
Where a lot is used for a combined Commercial and Residential use, unless
otherwise specified in the applicable zone, the residential uses shall be permitted
only in conformity with the following provisions:
i.
If located within the same building, the commercial use shall be situated on
the first storey with the residential use being situated above the first storey;
ii.
If located within separate buildings, the building containing the commercial
use shall not occupy less than 100% of the highway frontage with the
residential uses being situated to the rear of the commercial use;
iii.
The residential units have a completely separate outside entrance at ground
level; and
iv.
The floor on which any residential dwelling units are located shall be used
exclusively for residential purposes within all levels above the first.
(b)
Where a lot is used for combined commercial and residential use, unless
otherwise specified herein, the type of commercial use shall be limited to the
commercial uses that are specifically permitted in that particular zone.
7.12 Compost Bins
(a)
Compost bins and composting shall:
i.
Be located at least 3.0 m from any lot line; however, this setback may be
reduced to 0.0 m when opaque screening is in place or a solid bin is in use;
and
ii.
Only consist of plant, plant-based material, or animal manure and shall not
utilize any mechanized processes.
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7.13
Farm Event, Gathering for a
(a)
On land designated as farm under the BC Assessment Act, gathering for an event is
subject to the following regulations:
i.
Permanent facilities are not to be constructed or erected in connection with
the event;
ii.
Parking for those attending the event shall be available on the farm, but shall
not be permanent nor interfere with the farm's agricultural productivity;
iii.
No more than one hundred and fifty (150) people, excluding residents and
employees of the farm may be gathered on the farm at one time for the
purpose of attending the event;
iv.
The event shall be of no more than twenty-four (24) hours duration;
v.
No more than ten (10) gatherings for an event of any type may occur on the
farm within a single calendar year;
vi.
Gathering for an event is subject to the Agriculture Land Commission Act and
the Agricultural Use, Subdivision and Procedure Regulation.
7.14
Farm Stands
(a)
For zones within which a farm stand is a permitted use, the farm stand shall:
i.
Offer for sale food products grown and produced on the land, and if on lots
located within the Agricultural Land Reserve, in accordance with the
Agricultural Land Use, Subdivision and Procedure Regulation, BC 171/2002
and ALC Policy L-02: Farm Retail Sales in the ALR;
ii.
Be permitted within a required setback; however, the structure shall not
obstruct any vision or sight lines to and from a highway, driveway or lane and
may need permission from the Ministry of Transportation and Infrastructure;
iii.
Not occupy a lot area in excess of 10 m2, except on lots located within the
Agricultural Land Reserve in accordance of the Agricultural Land Use,
Subdivision and Procedure Regulation, BC 171/2002;
iv.
Not exceed 2.5 m in height; and
v.
Not involve any external display or advertisement of the business other than
a maximum of one (1) non-illuminated sign, which shall not exceed 0.4 m2 in
area.
7.15
Fences (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(a)
Except as otherwise specifically stated in this Bylaw;
i.
The height of a fence or wall shall be measured to the highest point from, and
perpendicular to, a line representing the average natural grade level at its
base, including where a fence or wall is constructed above a retaining wall;
ii.
The maximum height of a fence shall not exceed 1.2 m in a front yard and not
more than 1.8 m on all other parts of a lot in a residential zone.
(b)
Notwithstanding paragraph (a) above;
i.
the fence height may be increased to 2.0 m in a front yard provided
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63
transparent mesh is used for the portion of fence that is more than 1.2 m in
height;
ii.
the maximum height of a fence shall not exceed 2.5 m in any other zone;
iii.
Fences used in association with recreational uses, such as playing fields, golf
courses, driving ranges and tennis courts shall not be limited in height,
provided such fences are constructed of materials that permit visibility, such
as transparent mesh; and
iv.
Fences may be constructed on any portion of a lot, including within a required
setback area, except closed fences and landscape screens shall be less than
2.0 m in height when sited in a required setback area from a lot line adjoining
any residential use.
(c)
The use of barbed wire, razor wire, construction fences used as a permanent fence,
electric current, or any hazardous material for fencing is prohibited within all zones
designated by this Bylaw, except where such fencing is required in conjunction with
activities explicitly designated as farm uses pursuant to the Agricultural Land Use,
Subdivision and Procedure Regulation, 171/2002.
7.16 Food Truck
(a)
Food trucks may be permitted in any non-residential zone and are subject to the
following regulations:
i.
Food trucks shall not occupy a highway for a period of more than eight (8)
consecutive hours in any day;
ii.
Food trucks shall not locate in manner that impedes pedestrian or vehicle
traffic on a highway;
iii.
The food truck operator shall have a valid and current business license
issued by the Village of Pemberton and shall have a valid Vancouver Coastal
Health Authority food service permit;
iv.
Food trucks in the ALR are subject to the Agricultural Land Commission Act
and the Agricultural Use, Subdivision and Procedure Regulation.
7.17 Home Occupation
(a)
In any zone in which a home occupation use is permitted, the following conditions
shall be satisfied:
i.
The activities shall be conducted entirely within the principal building or
accessory building except where such activity involves horticulture or a family
day care;
ii.
The home occupation shall not involve external structural alterations to the
dwelling unit or show any exterior indications that the dwelling unit is being
utilized for any purpose other than that of a dwelling unit;
iii.
The use shall not involve the storing, exterior to the building or buildings, of
any materials used directly or indirectly in the processing or resulting from the
processing or any product of such craft or occupation;
iv.
The use may involve the display and the sale of a commodity that is
produced on the premises; however retailing of the commodity be accessory
to the home occupation use;
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v.
The use within the principal building shall occupy no more than 20% of the
floor area of the principal building, up to a maximum of 50 m2, except in the
A-1 Zone, it is permitted up to a maximum of 100 m2;
vi.
The use within one or more accessory buildings shall occupy a total of not
more than 50 m2;
vii.
In no case shall the gross floor area of all buildings used for home occupation
use exceed 50 m2 on a parcel of land;
viii.
The total display area of any outdoor advertising sign shall not exceed 0.4
m2;
ix.
Not more than the equivalent of two (2) full-time persons shall be engaged in
a home occupation, one (1) of which shall be a resident of the dwelling unit;
x.
The use shall provide parking in accordance with the requirements in the
applicable zone;
xi.
No automobile, boat, or other machinery servicing or repair is permitted as a
home occupation use; and
xii.
A valid Village of Pemberton business license is required.
(b)
In addition to the above, a home occupations use shall not discharge or emit the
following across lot lines:
i.
odorous, toxic or noxious matter or vapours;
ii.
heat, glare, electrical interference or radiation;
iii.
recurring ground vibration; and
iv.
noise levels that exceed any applicable noise regulations created by the
Village of Pemberton.
7.18
Intermodal Storage Containers
(a)
Intermodal storage containers may be used for storage in Agricultural, Industrial,
Airport, Public, Parks and Recreation, Rural Residential 1, and Outdoor Recreation
Zones. Where permitted, intermodal storage containers shall:
i.
be used for accessory storage purposes only;
ii.
be limited to a maximum two (2) per lot in Agricultural, Public, Parks and
Recreation, Rural Residential 1, and Outdoor Recreation Zones, and one (1)
per leasehold for the Aerodrome use at the Airport;
iii.
not be reconstructed, altered or modified in any way to be used for living
accommodation or human habitation for either personal or business
purposes;
iv.
not be used to store animals, trash, refuse, contaminated or hazardous
materials;
v.
not be stacked one upon another; or laid out in a row, unless authorized by a
Building Permit;
vi.
be placed on a hard, dust free surface pad area made with either concrete,
asphalt or similar materials and shall not be permanently fixed to the ground;
vii.
be used for temporary storage during the construction of a permitted building
or structure, only when included in the Building Permit issued for the principal
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building;
viii.
not occupy any required parking or loading spaces, or interfere with the
circulation of motor vehicles or pedestrians;
ix.
not be located in the front yard of a lot;
x.
comply with the setback requirements for any accessory buildings or
structures in the applicable zone; and
xi.
comply with all other applicable regulations contained within this Bylaw.
(b)
For the purposes of this Bylaw, railroad cars, truck, vans, converted manufactured
homes, travel trailers, cube vans, recreational vehicles, bus bodies, vehicles and
similar prefabricated items and structures originally built for purposes other than
storage are not permitted as accessory storage buildings or structures.
(c)
Notwithstanding regulations in section 7.18 (a) ii. the maximum of two (2) Intermodal
Storage Containers may be exceeded on the parcel known as Den Duyf Park, legally
described as LOT B DISTRICT LOT 211 LILLOOET DISTRICT PLAN EPP40824.
Size, location, and placement of Intermodal Storage Containers at Den Duyf Park
must be approved by the Chief Administrative Officer. (Amendment Bylaw No. 924,
2022/Adopted May 17, 2022)
7.19 Mixed Use Buildings
(a)
Where a building is used for a combined commercial and residential use, unless
otherwise specified in the applicable zone, the residential use shall:
i.
be contained in the same building as the at-grade commercial use; and
ii.
have a separate entrance from the commercial use.
(b)
Residential and commercial uses shall not be mixed on the same storey unless
expressly permitted in the applicable zone.
7.20 Outdoor Equipment Storage Facility
(a)
Outdoor equipment storage is only permitted in accordance with the following
requirements:
i.
The yard is enclosed by durable fencing whereby stored materials are
screened from adjacent properties with significant buffering or a dark
mesh/slat insert;
ii.
All storage areas shall be of a hard (i.e. paved or compacted/treated) dust-
free surface; and
iii.
Site drainage shall not negatively impact adjacent properties or
watercourses.
7.21 Retaining Walls
(a)
In a residential zone, a single retaining wall shall:
i.
Not exceed a Height of 1.2 m measured from the average natural grade or
finished grade level at its base; (Amendment Bylaw No. 924, 2022/Adopted May 17,
2022) and
ii.
Not be located within 0.6 m, measured horizontally, of any other retaining
wall.
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7.22
Screening
(a)
Where a lot is developed for a commercial, industrial, or civic use as permitted within
a commercial, industrial, civic or Comprehensive Development zone, and where
such a development shares a lot line with an adjacent lot that is either:
i.
Within a residential zone; or
ii.
Occupied with a residential use;
the owner shall provide screening along such lot line. The screening shall be not less
than 1.8 m in height or more than 2.0 m in height, except where the screening
consists of 100% plant material, in which case there is no maximum height.
(b)
Notwithstanding the paragraph (a) above, screening will not be required along the
shared lot line in cases where:
i.
A building or structure is built on the lot line; or
ii.
A residential use is developed on a lot that is Zoned commercial, industrial or
civic use at the time of adoption of this Bylaw.
(c)
Notwithstanding paragraph (a) above, where a lot is developed for a commercial,
industrial or civic use as permitted within a commercial, industrial, civic or
Comprehensive Development zone and where such a lot is separated by a lane from
a lot that is:
i.
within a residential zone; or
ii.
occupied with a detached, duplex, or townhouse residential dwelling;
the owner shall provide screening along the entire lot line abutting the lane. The
screening shall be not less than 1.8 m in height nor more than 2.0 m in height, except
where the screening consists 100% of plant material, in which case there is no
maximum height;
(d)
Where a lot in a non-agricultural zone is developed; the owner shall provide
screening along the entire length of any lot line adjoining land in the Agricultural
Land Reserve. The screening shall be designed to minimize any potential land use
conflicts with the permitted agricultural use. The screening shall not be not less than
1.8 m in height or more than 2.0 m in height, except where the screening consists of
100% plant material, in which case there shall be no maximum height.
(e)
Notwithstanding paragraph (a), (b) and (c) above, screening will not be required for
the points of motor vehicle ingress and egress and for a distance of 3.0 m on either
side of the points of ingress and egress; and
(f)
Screening, where required by this Bylaw, shall be maintained at all times by the
owner of the lot on which they are required.
7.23
Secondary Suites (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
(a)
Secondary suites are permitted only in detached dwelling units and are accessory to
the principal residential use.
(b)
Unless a zone specifically provides for otherwise, only two (2) secondary suites are
permitted on a lot;
(c)
A secondary suite shall not have more than two (2) bedrooms;
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(d)
Where a lot is not serviced by the municipal community sewer system, written
confirmation from the applicable licensing body that the capacity of the sewer system
will not be compromised by the presence of a secondary suite is required;
(e)
In a detached dwelling, secondary suites shall have a total combined gross floor area
of not more than 90 m2 and shall have an area less than 40% of the floor area of the
detached dwelling unit excluding the garage. (Amendment Bylaw No. 924,
2022/Adopted May 17, 2022)
(f)
Secondary suites shall not be subdivided or strata-titled from the building or structure
of which it is part.
(g)
One (1) off-street parking space in addition to those required for the permitted use
shall be provided per secondary suite.
7.24 Short-Term Rental (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
(a)
Where permitted in a zone, short-term rental use shall be subject to the following
regulations:
i.
Short-term rental is only permitted in a lawful dwelling unit that is a detached
dwelling, secondary suite, or detached accessory dwelling unit that are
located on the same lot as a principal residence. (Amendment Bylaw No. 960,
2024/Adopted May 28, 2024)
ii.
Short-term rental is not permitted in a vehicle, recreation vehicle, tent or
trailer. (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
iii.
Occupancy shall not exceed two (2) persons per available bedroom, to a
maximum of three (3) bedrooms accommodating six (6) guests; (Amendment
Bylaw No. 862, 2019/Adopted May 7, 2019)
iv.
One (1) off-street parking space shall be provided for each bedroom used as
short-term rental;
v.
Any person intending to operate a short-term rental shall hold a valid and
current business license from the Village of Pemberton.
(b)
Notwithstanding paragraph (a), short-term rentals are restricted to a maximum of five
percent (5%) of lots in areas defined by the map in Schedule B, which is attached to
and forms part of this bylaw. (Amendment Bylaw No. 960, 2024/Adopted May 28, 2024)
i.
Where permitted, a lot may be exempted from the maximum five percent limit,
on application to the Village,
ii.
The restriction of a maximum of five percent (5%) of lots does not apply to Bed
and Breakfast or Bed and Breakfast Inn.
7.25 Subdivision to Provide a Residence for a Relative
(a)
The minimum size for a lot that may be subdivided shall be that prescribed under the
Local Government Act.
(b)
Subdivision in the Agricultural Land Reserve is subject to the Agricultural Land
Commission Act and the Agricultural Land Use, Subdivision and Procedure
Regulation.
7.26
Subdivision of Lots Separated by Roads or another Lot
(a)
Notwithstanding the minimum lot area provisions of each zone, where a portion of a
lot is physically separated from the remainder of the lot by a highway or another lot,
which separation was in existence as of the date of adoption of this Bylaw, the
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68
physically separated portion may be subdivided from the remainder of the lot
provided that:
i.
the highway or other lot is used as the subdivision boundary;
i.
if the lot lies in the Agricultural Land Reserve, the approval of the Agricultural
Land Commission has first been obtained; and
(b)
no lot created pursuant to this section shall be less than 1 Ha in area where
connection to a community water system is not available and 0.4 Ha in an area
where community water system connections are made to each lot.
7.26.1 Swimming Pools, Spas and Hot (Amendment Bylaw No. 924, 2022/Adopted May 17,
2022)
(a)
Where a residential use is permitted, an above ground swimming pool, spa or hot tub
is permitted as an accessory use, in accordance with the following provisions:
i.
any above ground swimming pool, spa or hot tub shall not be located within
7.5 m of a front lot line;
ii.
swimming pools shall be enclosed in a structure or surrounded by a fence not
less than 1.5 m and not more than 1.8 m in height, designed to prevent
climbing, and where equipped with gates, be operated by hinges and a lock
and be able to be opened freely only from the inside.
7.27
Temporary Use Permits
(a)
Temporary commercial and industrial uses may be allowed under Section 493 of the
Local Government Act within all commercial, institutional and industrial zones.
(Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(b)
In considering the issue of a Temporary Use Permit, the Council or its delegate shall
consider the following:
i.
Whether the proposed use is consistent with the Official Community Plan
designation for the land;
ii.
Whether the proposed use is consistent with any other relevant Village of
Pemberton policies;
iii.
In the case of any proposed use that is not consistent with any such plan or
Council policy, the nature and extent of any community benefit from the use;
iv.
Whether the proposed use is of a temporary nature or whether it would be
more appropriate for the Village to consider permitting the use by rezoning;
v.
The suitability and compatibility of the proposed use with the surrounding
area, including its operation, function, appearance and intensity of use; and
vi.
The impact of the proposed use on the operation of adjacent uses, including
future land uses permitted by the Zoning Bylaw and designated by the Official
Community Plan.
7.28
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
7.29
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
7.30
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
7.31
Workforce Housing (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024).
Where permitted in a zone, Workforce Housing must comply with the following regulations:
Village of Pemberton Zoning Bylaw 832, 2018
69
7.31.1 Building Regulations
(a) Minimum Front Setback
5 m
(b) Minimum Rear Setback
3 m
(c) Minimum Interior Side Setback
3 m
(d) Minimum Exterior Side Setback
3 m
(e) Maximum Principal Building Height
Six (6)
storeys and
20 m
(f) Maximum Accessory Building Height
4.6 m
(g) Minimum Separation Between Buildings on a Single Lot
10 m
7.31.2 Off-Street Parking Requirements
(a) Off-Street Parking Requirements must comply with Part 8
of this bylaw.
(b) Notwithstanding Part 8 of this bylaw, the minimum
number of off-street parking spaces may be reduced to
one (1) parking space for each secured rental or
affordable dwelling unit.
(c) The minimum number of off-street parking spaces may
be further reduced and considered through the
development permit process or negotiated as part of a
housing agreement.
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70
PART 8:
Parking and Loading Requirements
8.1 Off-Street Parking General Requirements
(a) Minimum off-street parking spaces and facilities shall be provided in accordance with the
following table below and the requirements of this section. Where a specific use is not
identified, a similar use to one listed in the following table shall be selected as an applicable
standard.
(b) Parking stalls may be provided as off-street parking, or as cash-in-lieu of parking payments
for on-street parking as set out below in this Bylaw.
(c) When off-street parking is required, a plan of the proposed parking arrangement, drawn at a
reasonable scale, showing the off-street parking spaces and access driveways shall be part
of the site plan submitted as a part of the application package, if this is not possible then it
shall be filed with the Building Official prior to issuance of a Building Permit.
(d) Where the calculation of required off-street parking spaces results in a fractional number,
the number of required spaces shall be the nearest whole number above that calculation.
(e) Where a building or structure or a lot contains more than one (1) function or use, the
required number of parking spaces shall be the total sum of the requirements for each
function or use.
(f) Where seating accommodation is the basis for a unit of measurement and consists of
benches, pews, booths or similar seating accommodation, each 0.5 m2 of seating area shall
be deemed to be one seat.
(g) All multiple unit residential and mixed-use residential and commercial development shall
provide bicycle parking at a rate of 20% of the required vehicle parking.
(h) All multiple unit residential, mixed-use residential and commercial developments requiring at
least ten (10) parking spaces shall provide one (1) electric vehicle for every ten (10) parking
stalls required, which is readily accessible for charging a vehicle in a required parking
space.
(i) For any use required to be accessible to persons with a disability by the BC Building Code,
a minimum of one (1) parking space for a person with a disability shall be provided.
(j) Where ten (10) or more parking spaces are required by this Bylaw, the required spaces
shall be accessible to persons with a disability, as outlined in the table below: (Amendment
Bylaw No. 924, 2022/Adopted May 17, 2022)
Total Required Parking
Stalls
Required Number of Disability Parking
Spaces
10-20
1
21-50
2
51-80
3
81-110
4
111-140
6
141-170
8
(k) The parking requirements established in this section do not apply to a building or structure
or use existing prior to the adoption date of this Bylaw, provided there is no change,
expansion or addition to the building or structure or use that requires more parking spaces
than were required for the existing building or structure or use when this Bylaw was
adopted. If there is an expansion or addition to an existing use or building or structure, then
the provisions of this section apply to the expansion or addition.
Village of Pemberton Zoning Bylaw 832, 2018
71
(l) For the purposes of this Bylaw the required parking spaces have been broken into the
following categories of uses:
i.
Residential;
ii.
Commercial;
iii.
Industrial;
iv.
Civic.
8.2
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
8.3
Residential
Off-Street
Parking
Requirements
(Amendment
Bylaw
No.
994,
2025/Adopted October 7, 2025 )
Single Lot
Single Detached or Duplex
2 per unit
Single Lot
Accessory Dwelling unit or Small-Scale
Multi-Unit Housing
1 per unit
Single Lot
Co-housing
1 per unit
Multi-Family
Apartment, 1 bedroom unit
1 per unit
Multi-Family
Apartment: more than one bedroom
1.5 per unit
Multi-Family
Townhouse with shared or structured
common parking
1.5 per unit
Multi-Family
Townhouse
2 per unit
Village of Pemberton Zoning Bylaw 832, 2018
72
8.4 Commercial Vehicular Parking Requirements
a) Veterinarian Clinic
1 space per 35 m2 of GFA
b) Financial Institution
1 space per 20 m2 of GFA
c) Campground
1 space per campsite
0.25 spaces per campsite site visitor
parking
d) Liquor Primary Establishment
1 space per 4 seats
e) Gasoline Station
1.25 spaces per 50 m2 of GFA
f) Golf Course (excludes
Restaurant/Lounge)
4 spaces per hole and 1 per 2
employees
g) Golf Course / Driving Range
1 space per tee
h) Fitness Centre
1 space per 20 m2 of GFA plus .25 per
employee
i) Automotive Service Shop
1 space per 50 m2 of GFA space
j) Tourism Accommodation
1 space per room plus 1 space per 4
seats for any Restaurant or Bar
k) Laundromat
1 space per 4 washing machines
l) Personal Service Establishment
1 space per 28 m2 of GFA
m) Neighbourhood Pub
1 space per 4 seats
n) Nursey/Garden Centre
1 space per 15 m2 of GFA
o) Office - Medical and Dental
p) Office - All Other
4 spaces per dentist/doctor
1 space per 28 m2 of GFA
q) Restaurant, Food Primary Establishment
1 space per 4 seats
r) Retail Store
1 space per 28 m2 of GFA
s) Liquor Store / Private Liquor Store
3.25 per 140 m2 of GFA
t) Neighbourhood Commercial
.25 per 100 m2 of GFA
u) Equipment Sales, Servicing, Rental and
Repair
1 space per 28 m2 of GFA
8.5
Industrial Parking Requirements
Village of Pemberton Zoning Bylaw 832, 2018
73
General Industrial
a) Manufacturing
1 space per 93 m2 of GFA1
b) Service and/or Repair
1 space per 50 m2 of GFA
c) Warehousing or Storage
1 space per 106 m2 of GFA
d) Wholesale Bakery
1 space per 93 m2 of GFA
e) Catering Establishment
1 space per 93 m2 of GFA
f) Laboratory
1 space per 50 m2 of GFA
g) Radio, Television or Recording
1 space per 50 m2 of GFA
h) Equipment Sales, Servicing, Rental and
Repair
1 space per 28 m2 of GFA
i) Accessory Retail
1 space per 28m2 of GFA
j) Brewery, Cidery, Distillery or Winery
1 space per 100 m2 of GFA
k) Cold Storage
1 space per 100 m2 of GFA
l) Resource Processing (Amendment Bylaw
No. 862, 2019/ Adopted May 7, 2019)
.75 per employee
m) Building Supply
1 space per 20 m2 Retail Floor Area
n) Car Wash
2 stacking spaces per wash bay
o) Cannabis Production
1 space per 93 m2 of GFA
p) Industrial Composting Facility (Amendment
Bylaw No. 862, 2019/ Adopted May 7, 2019)
.75 per employee
q) Recycling Facility (Amendment Bylaw No.
862, 2019/ Adopted May 7, 2019)
.75 per employee
8.6
Civic, Institution, and Recreation Parking Requirements
a) All Community uses (unless listed)
1 space per 37 m2 of GFA
b) Places of Worship
1 space per 8 seats
c) Day Care / Child Care
1 space per employee
d) School
2 spaces per classroom
Village of Pemberton Zoning Bylaw 832, 2018
74
a. Elementary
b. Secondary
c. Craft or Vocational
5 spaces per classroom
5 spaces per classroom
e) Indoor Recreation
1 space per 20 m2 of GFA
f) Outdoor Recreation
Not Applicable
8.7
Off-Street Parking Reductions (Amendment Bylaw No. 994, 2025/Adopted October 7,
2025)
(a) Off-Street Parking Requirements may be reduced when the following criteria are met:
a. Affordable, Rental, and Special Needs Housing
i. For a multi-family building subject to a Housing Agreement securing
purpose-built market price rental for a minimum of 10 years, the minimum
number of parking spaces may be reduced by 0.25 per unit for every unit
so secured in the Housing Agreement.
ii. For a multi-family building subject to a Housing Agreement securing non-
market affordable housing, subsidized housing, or specialized needs
housing for a minimum of 10 years, the minimum number of parking
spaces may be reduced by 0.5 stalls per unit for every unit so secured in
the Housing Agreement.
b. Shared Parking
i. For mixed use buildings or residential buildings adjacent to commercial,
civic, or other non-residential uses, a maximum of 20% of the required
residential parking spaces may be shared parking and counted towards
both the residential and non-residential use if:
(a) The maximum demand of such parking spaces by the individual
uses occurs at different time periods of the day;
(b) The maximum demand of such parking spaces is confirmed by a
parking study prepared by a qualified transportation professional to the
satisfaction of the Village; and
(c) The owners of the residential building and the adjacent non-
residential use have entered into an easement or other agreement
satisfactory to the Village to assign and regulate the shared parking
facilities.
c. Transportation Demand Management
i. The minimum number of parking spaces for a multi-family residential
apartment or townhouse building may be reduced by up to 20% of the
required parking if supported by a Transportation Demand Management
study that demonstrates the long-term availability of non-vehicular travel
modes, prepared by a qualified transportation professional to the
satisfaction of the Village.
8.8
Cash-in-Lieu of Parking
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75
(a) As an alternative to meeting the commercial parking standards of this Bylaw for a change to
an existing use or a new development that would result in an increase in the number of
required parking spaces, cash in lieu may be paid to the Municipality by the owner or
occupier of the land subject to the following requirements: (Amendment Bylaw No. 924,
2022/Adopted May 17, 2022)
i.
the cash-in-lieu of parking payments collected will be placed into the
Municipal Parking Reserve Fund; and
(c)
if cash-in-lieu is to be provided it shall be in accordance with the following table,
which represents 2018 dollars, and adjusted in accordance with Subparagraph iii);
$9,100.00
(d)
the cash-in-lieu amount shall be adjusted for inflation each year beginning in 2018,
according to the British Columbia Consumer Price Index, annual average for "all
items", as published by BC Stats each January.
8.9
Parking for Persons with a Disability
(a) Each parking space designated as a disability vehicular parking stall shall be signed and
pavement marked with the International Symbol of Accessibility for the handicapped.
(b) Disability vehicular parking stalls shall be located as near as practical to the building or
structure entrance designed for handicapped persons.
(c) Changes in elevations between the entrance and the parking space shall be non-existent,
and be surfaced with material conducive to providing access for wheelchairs.
8.10
Repealed (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
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8.11
Off-Street Parking Design Criteria, Development and Maintenance
(a) The minimum required dimensions for parking spaces and drive aisles shall be in
accordance with the table below and the other requirements of this section: (Amendment
Bylaw No. 975, 2024/Adopted December 10, 2024)
Parking
Angle
1- / 2-way
Aisle
Aisle
Width
Space
Width
Space
Length
Small Car
Width
Small Car
Length
0
1
3.7 m
2.75 m
6.7 m
2.4 m
6.2 m
0
2
6.4 m
2.75 m
6.7 m
2.4 m
6.2 m
30
1
3.5 m
2.75 m
6.1 m
2.4 m
5 m
45
1
4.2 m
2.75 m
6 m
2.4 m
5 m
60
1
5.6 m
2.75 m
6 m
2.4 m
5 m
90
2
6.4 m
2.75 m
6 m
2.4 m
5 m
(b) Where three (3) or more parking spaces are required, the required parking spaces must be
designed with the following breakdown of space dimensions: (Amendment Bylaw No. 975,
2024/Adopted December 10, 2024)
(a) A minimum of 33% of the required spaces must be designated and
up to a maximum of 66% of the required spaces may be designated
as Small Car stalls;
(b) A maximum of 33% of the required spaces may be designated as
Large Vehicle spaces with a minimum Space Width of 3.05m.
(c) Despite the minimum required dimensions for parking spaces in paragraph (a), all parking
spaces for persons with a disability shall be a minimum of 4 m in width.
(d) Where any required parking space abuts, along its length any portion of a fence, building or
structure, the minimum parking space width shall be increased by 0.3 m for that space only.
(e) Except for residential uses, highway access or egress from parking areas shall be not less
than 15 m from the nearest point of intersection of any two highways.
(f) The required parking spaces are not permitted to be located within 1 m of a lot line adjoining
any highway.
(g) All parking areas shall be provided with adequate curbs to retain all motor vehicles within
such permitted parking area and to ensure that adjacent buildings or structures, fences,
walkways and landscaped areas are protected from the parked motor vehicles.
(h) The maximum grade and cross slope for a parking space or parking area required by this
Bylaw shall not exceed 8%.
(i) Each parking stall shall be surfaced with asphalt, concrete or permeable drivable surface,
such as but not limited to the following:
i.
porous pavers;
ii.
cobblestones;
iii.
turf block;
iv.
honeycomb grid; or
v.
crushed gravel.
(j) All parking areas required for commercial, multiple-family dwelling and industrial uses shall
include one (1) or more oil-water separators, and it shall be the responsibility of the owner to
Village of Pemberton Zoning Bylaw 832, 2018
77
properly maintain the oil-water separators in good working order, regularly removing oils for
proper disposal.
(k) If any lighting is used to illuminate any parking area it shall be arranged to direct light upon
such parking area and not onto any adjoining lots or lands.
(l) That portion of any lot used as a driveway from the lot line to a required parking area shall
not exceed a grade of 20%. (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(m) All the required parking spaces for all uses shall be located on the same lot as the uses they
serve.
(n) Each parking area shall be graded and drained in accordance with best engineering
practices. In no case shall drainage be allowed to cross a sidewalk.
(o) Within any commercial or industrial zone, off-street parking areas shall not be located within
60 m of a lot line of any lot that adjoins a residential zone.
(p) The access to all off-street parking from a highway shall not be less than 6 m and not more
than 9 m wide.
(q) For driveways with grades over 8% a driveway profile drawing is required pursuant to
Village of Pemberton Bylaw No. 912, 2021. (Amendment Bylaw No. 924, 2022/Adopted May 17,
2022)
(r) The following applies to any lot created through subdivision approved after Bylaw 921. 2022
is adopted: (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
i.
The maximum gradient for driveways adjoining all roads shall not
exceed 10%.
ii.
The maximum driveway gradient may be exceeded with the approval
of a stamped drawing from a registered engineer to the satisfaction of
the Building Official.
8.12 Off-Street Loading Requirements
(a) Minimum off-street loading spaces and facilities shall be provided in accordance with the
following table below and the requirements of this section:
Use of Lot, Building or Structure
Minimum Number of Off-Street
Loading Spaces
Commercial or Industrial
1 space for the 300 m2 to 500 m2 of GFA or
2 spaces for 501 m2 to 2,500 m2 of GFA,
and
1 space for each GFA above 2,500 m2 or
fraction thereof
Office Building
1 space for the 300 m2 to 3,000 m2 of GFA
and 1 space for each GFA above 3,000, or
fraction thereof
Cannabis Production Facility
1 space for the 300 m2 to 500 m2 of GFA or
2 spaces for 501 m2 to 2,500 m2 of GFA,
and
1 space for each GFA above 2,500 m2 or
fraction thereof
(b) A minimum of one (1) off-street loading space shall be provided on each lot in a commercial,
mixed-use, industrial or community use zone.
Village of Pemberton Zoning Bylaw 832, 2018
78
(c) Off-street loading spaces shall not be credited against the requirements for any off-street
parking.
(d) Each off-street loading space involving the receipt and delivery of goods or materials by
vehicles shall be not less than 3 m wide, 9.2 m in length and have a vertical clearance of not
less than 4.3 m.
(e) Each off-street loading space shall always have access to an aisle that intersects with a
highway.
(f) Each off-street loading space shall be surfaced with asphalt, concrete or similar hard
surface to provide a durable, dust-free surface, and shall be graded and drained to properly
dispose of all surface water.
(g) Any lighting used to illuminate any loading area shall be so arranged to direct light upon
such parking area and not onto any adjoining lands or lots.
(h) Loading areas shall include one (1) or more oil-water separators, and it shall be the
responsibility of the owner to properly maintain the oil-water separators in good working
order, regularly removing oils for proper disposal.
(i) The loading requirements established in this section do not apply to any use or a building or
structure that existed prior to the adoption date of this Bylaw. However, if there is an
expansion or addition to an existing use, building or structure, then the provisions of this
section apply to such expansion or addition.
8.13
Alternative to Off-Street Parking
(a) As an alternative to meeting the parking standards of this Bylaw for a change to an existing
use or new development that would result in an increase in the number of required parking
spaces, the additional required off-street parking spaces may be located on a lot other than
that upon which the use, building or structure intended to be served are located, provided
the off-site parking is secured by an agreement which shall include the following:
i.
the location and number of parking spaces provided off-site;
ii.
the terms of any lease or rental agreement between the owner of the off-site
parking area and the owner of the building, structure or use requiring off-site
parking spaces;
iii.
terms for the maintenance and where applicable the construction of the off-
site parking area; and
iv.
the agreement shall require the approval of the Municipality and the
Municipality shall be a co-signatory.
(b) All costs associated with preparing the agreement shall be paid by the owner of the use,
building or structure that the off-site parking spaces are intended to serve.
Village of Pemberton Zoning Bylaw 832, 2018
79
PART 9:
Zoning Boundaries and Regulations
9.1 Zones
(a) Zones, as shown on Schedule A (Zoning Map), which is attached to and forms part of
this Bylaw, have the following the regulations assigned to each zone as outlined in the
following parts.
Village of Pemberton Zoning Bylaw 832, 2018
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PART 10: Agricultural Zones
10.1
Agriculture 1 (A-1)
The Agriculture 1 Zone provides for the use of land, buildings and structures for agricultural,
residential, and accessory uses on land within the Agricultural Land Reserve.
10.1.1 Permitted Principal Uses
(a)
Agriculture
(b)
Agri-tourism Activity
(c)
Agri-tourism Accommodation
(d)
Cannabis, Production Facility
(e)
Dwelling, Detached
(f)
Farm Residence (subject to Conditions of Use) (Amendment Bylaw No. 862, 2019/Adopted
May 7, 2019)
(g)
Farm Stand
(h)
Gathering for an Event
(i)
Riding Academy
(j)
Adventure Tourism Business (subject to Conditions of Use) (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019)
10.1.2 Permitted Accessory Uses
(a)
Bed and Breakfast
(b)
Bed and Breakfast Inn (subject to Conditions of Use) (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019)
(c)
Dwelling Detached, for Farm Help (subject to Conditions of Use) (Amendment Bylaw No.
862, 2019/Adopted May 7, 2019)
(d)
Home Occupation
(e)
Secondary Suite
(f)
Storage, Intermodal Storage Containers
(g)
Temporary Farm Worker Housing (subject to Conditions of Use) (Amendment Bylaw No.
862, 2019/Adopted May 7, 2019)
10.1.3 Conditions of Use
(a)
Bed and Breakfast Inn Use: The maximum number of bedrooms in a Bed and
Breakfast Inn in the ALR is four (4).
(b)
Farm Residence: The maximum gross floor area of a farm residence shall not
exceed 350 m2. (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
Village of Pemberton Zoning Bylaw 832, 2018
81
(c)
Dwelling, Detached, for Farm Help: On lots greater than 4 Ha, a second detached
dwelling for farm help is permitted. (Amendment Bylaw No. 862, 2019/Adopted May 7,
2019)
(d)
Temporary Farm Worker Housing: Temporary Farm Worker Housing shall not
exceed 100 m2.
(e)
Adventure Tourism Business: This use is only permitted on lands legally described
as Lot 1, DL 204, LLD, Plan 32712 at the time of adoption of this Bylaw. The Guest
Lodge use is limited in size to a maximum of ten (10) units temporarily
accommodating a maximum of four (4) guests per unit; to a total of forty (40)
guests, provided that the area of the land, or floor area of the building or structure
does not exceed 1,500 m2. (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
10.1.4 Lot Regulations
(a)
Minimum Lot Size:
2 Ha
10.1.5 Building Regulations
(a)
Minimum Front Setback:
7.5m
(b)
Minimum Rear Setback:
7.5m
(c)
Minimum Interior Side Setback:
7.5m
(d)
Minimum Exterior Side Setback:
7.5m
(e)
Maximum Building Height, Principal
Dwelling, Detached:
10.5m
(f)
Maximum Building Height, Accessory:
4.5m
(g)
Maximum Building Height, Farm:
Nil
Village of Pemberton Zoning Bylaw 832, 2018
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10.2
Rural Residential 1 (RR-1)
The Rural Residential 1 Zone provides for the use of land, buildings and structures for
agricultural, residential, and accessory uses on land outside the Agricultural Land Reserve.
10.2.1 Permitted Principal Uses
(a)
Agriculture
(b)
Dwelling, Detached
(c)
Farm Stands
(d)
Resource Extraction
(e)
Riding Academy
10.2.2 Permitted Accessory Uses
(a)
Bed and Breakfast
(b)
Bed and Breakfast Inn
(c)
Home Occupation
(d)
Secondary Suite
(e)
Storage, Intermodal Storage Containers
10.2.3 Lot Regulations
(a)
Minimum Lot Size:
2 Ha
10.2.4 Building Regulations
a)
Minimum Front Setback:
7.5m
b)
Minimum Rear Setback:
7.5m
c)
Minimum Interior Side Setback:
7.5m
d)
Minimum Exterior Side Setback:
7.5m
e)
Maximum Building Height, Principal:
10.5m
f)
Maximum Building Height, Accessory:
10.5m
Village of Pemberton Zoning Bylaw 832, 2018
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PART 11: Residential Zones, Detached
11.1 Residential 1 (R-1)
The Residential 1 (R-1) Zone is intended to accommodate detached dwellings within residential
neighbourhoods.
11.1.1 Permitted Principal Uses
(a)
Dwelling, Detached
11.1.2 Permitted Accessory Uses
(a)
Bed and Breakfast
(b)
Home Occupation
(c)
Secondary Suite
(d)
Short-Term Rental
11.1.3 Lot Regulations
a) Minimum Lot Size:
700 m2
b) Minimum Lot Width:
18 m
11.1.4 Building Regulations
a) Minimum Principal Building Width:
7.6 m
b) Minimum Front Setback:
6 m
c) Minimum Rear Setback:
5 m
d) Minimum Interior Side Setback (subject to
Conditions of Use):
1.5 m
e) Minimum Exterior Side Setback:
4.6 m
f) Maximum Lot Coverage:
40%
g) Maximum Number of Principal Buildings:
1
h) Maximum Number of Accessory Buildings:
2
i) Maximum Building Height, Principal:
10.5 m
j) Maximum Building Height, Accessory:
4.6 m
11.1.5 Conditions of Use:
(a) The total of two interior lot lines setbacks shall not be less than 4.5 m with at least one
of the interior lots line setbacks not being less than 1.5 m. (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019)
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84
11.2
Residential 2, Small Lot (R-2)
The Small Lot Residential Zone is intended to accommodate detached dwellings on small lots
within residential neighbourhoods.
11.2.1 Permitted Principal Uses
(a)
Dwelling, Detached
11.2.2 Permitted Accessory Uses
(a)
Home Occupation
11.2.3 Lot Regulations
a)
Minimum Lot Size:
350 m2
b)
Minimum Lot Width:
12 m
11.2.4 Building Regulations
a)
Minimum Principal Building Width:
6 m
b)
Minimum Front Setback:
6 m
c)
Minimum Rear Setback:
5 m
d)
Minimum Interior Side Setback:
1.5 m
e)
Minimum Exterior Side Setback:
2.7 m
f)
Maximum Lot Coverage:
50%
g)
Maximum Number of Principal Buildings:
1
h)
Maximum Number of Accessory
Buildings:
1
i)
Maximum Building Height, Principal:
Two (2) storeys
j)
Maximum Building Height, Accessory:
4.6 m
11.2.5 Conditions of Use:
(a) The maximum size of an Accessory Building shall not exceed 10 m2. (Amendment Bylaw
No. 862, 2019/Adopted May 7, 2019)
Village of Pemberton Zoning Bylaw 832, 2018
85
11.3
Residential 3, Duplex Lot (R-3)
The Residential, Duplex Lot 3 (R-3) Zone accommodates single detached dwellings, stacked
duplex and side-by-side duplex dwellings on lots within residential neighbourhoods.
11.3.1 Permitted Principal Uses
(a)
Dwelling, Duplex
(b)
Dwelling, Detached
11.3.2 Permitted Accessory Uses
(a)
Bed and Breakfast
(b)
Home Occupation
(c)
Secondary Suite
(d)
Short-Term Rental
11.3.3 Conditions of Use
(a)
Secondary Suite and Short-Term Rental uses are permitted only in detached
dwelling units.
(b)
Side by side duplex dwellings shall only be permitted on lots with the following
minimum dimensions:
a) Minimum Lot Size:
1,050 m2
b) Minimum Lot Width:
27 m
11.3.4 Lot Regulations
a) Minimum Lot Size:
700 m2
b) Minimum Lot Width:
18 m
11.3.5 Building Regulations
a) Minimum Principal Building Width:
7.6 m
b) Minimum Front Setback:
6 m
c) Minimum Rear Setback:
5 m
d) Minimum Interior Side Setback:
1.5 m
e) Minimum Exterior Side Setback:
4.6 m
f) Maximum Lot Coverage:
40%
g) Maximum Number of Principal Buildings:
1
h) Maximum Number of Accessory Buildings:
2
Village of Pemberton Zoning Bylaw 832, 2018
86
i) Maximum Building Height, Principal:
10.5 m
j) Maximum Building Height, Accessory:
4.6 m
11.4
Residential Country Inn (RC-1)
The Residential Country Inn (RC-1) Zone is to accommodate single detached dwellings that
provide for tourism accommodation uses in both Bed and Breakfast Inns and Short-Term
Rentals.
11.4.1 Permitted Principal Uses
(a)
Dwelling, Detached
(b)
Bed and Breakfast Inn (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
11.4.2 Permitted Accessory Uses
(a)
Home Occupation
(b)
Secondary Suite
(c)
Short-Term Rental
11.4.3 Lot Regulations
a) Minimum Lot Size:
800 m2
b) Minimum Lot Width:
18 m
11.4.4 Building Regulations
a) Minimum Principal Building Width:
7.6 m
b) Minimum Front Setback:
5 m
c) Minimum Rear Setback:
5 m
d) Minimum Interior Side Setback:
1.5 m
e) Minimum Exterior Side Setback:
3 m
f) Maximum Lot Coverage:
40%
g) Maximum Number of Principal Buildings:
1
h) Maximum Number of Accessory Buildings:
2
i) Maximum Building Height, Principal:
10.5 m
j) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
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11.5 Residential Manufactured Home Park 1 (MHP-1)
The Residential Manufactured Home Park 1 Zone is to accommodate Manufactured and
Mobile Home Dwellings in a residential setting.
11.5.1 Permitted Principal Uses
(a)
Dwelling, Manufactured Home
(b)
Dwelling, Mobile Home
11.5.2 Permitted Accessory Uses
(a)
Home Occupation
11.5.3 Density Regulations
(a)
Maximum Density:
20 units per Hectare
11.5.4 Lot Regulations
a) Minimum Lot Size:
5,000 m2
b) Minimum Lot Width:
100 m
11.5.5 Building Regulations
a) Minimum Front Setback, Principal Use:
7.5 m
b) Minimum Rear Setback, Principal Use:
4.5 m
c) Minimum Interior Side Setback, Principal Use:
4.5 m
d) Minimum Exterior Side Setback, Principal Use:
4.5 m
e) Minimum Front Setback, Accessory Building:
(Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
7.5 m
f) Minimum Rear Setback, Accessory Building:
(Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
3 m
g) Minimum Interior Side Setback, Accessory
Building: (Amendment Bylaw No. 862, 2019/Adopted May
7, 2019)
3 m
h) Minimum Exterior Side Setback, Accessory
Building: (Amendment Bylaw No. 862, 2019/Adopted May
7, 2019)
3m
i) Maximum Lot Coverage: (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019)
40%
j) Maximum Number of Accessory Buildings:
1 per unit
Village of Pemberton Zoning Bylaw 832, 2018
88
k) Maximum Building Height, Principal:
7.6 m
l) Maximum Building Height, Accessory:
4.6 m
PART 12: Residential Zones, Multi-Family
12.1
Residential, Multi-Family 1 (RM-1)
The Residential Multi-Family 1 (RM-1) Zone is to provide for Multi-Family Townhouse and
Row House dwelling units.
12.1.1 Permitted Principal Uses
(a)
Dwelling, Detached
(b)
Dwelling, Duplex
(c)
Dwelling, Townhouse
(d)
Dwelling, Row House
12.1.2 Permitted Accessory Uses
(a)
Home Occupation
12.1.3 Density Regulations
(a)
Maximum Density:
25 units per Hectare
12.1.4 Lot Regulations
a) Minimum Lot Size:
700 m2
b) Minimum Lot Width: (Amendment Bylaw No. 862,
2019/Adopted May 7, 2019)
18 m
12.1.5 Building Regulations
a) Minimum Front Setback, Principal:
6 m
b) Minimum Rear Setback, Principal:
7.5 m
c) Minimum Interior Side Setback, Principal:
4 m
d) Minimum Exterior Side Setback, Principal:
7.5 m
e) Minimum Front Setback, Accessory: (Amendment
Bylaw No. 862, 2019/Adopted May 7, 2019)
6 m
f) Minimum Rear Setback, Accessory: (Amendment
Bylaw No. 862, 2019/Adopted May 7, 2019)
3 m
g) Minimum Interior Side Setback, Accessory:
3 m
Village of Pemberton Zoning Bylaw 832, 2018
89
(Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
h) Minimum Exterior Side Setback, Accessory:
(Amendment Bylaw No. 862, 2019/ Adopted May 7, 2019)
3 m
i) Maximum Building Height, Principal:
10.5 m
j) Maximum Building Height, Accessory:
4.6 m
12.2
Residential, Multi-Family 2 (RM-2)
The Multi-Family Residential 2 Zone is to provide for Multi-Family Apartment and Townhouse
dwelling units.
12.2.1 Permitted Principal Uses
(a)
Dwelling, Apartment
(b)
Dwelling, Detached
(c)
Dwelling, Duplex
(d)
Dwelling, Townhouse
(e)
Dwelling, Row House
12.2.2 Permitted Accessory Uses
(a)
Home Occupation
12.2.3 Density Regulations
(b)
Maximum Density:
1.5 FAR
12.2.4 Lot Regulations
a) Minimum Lot Size:
939 m2
12.2.5 Building Regulations
a) Minimum Principal Building Width:
7.6 m
b) Minimum Front Setback:
6 m
c) Minimum Rear Setback:
7.5 m
d) Minimum Interior Side Setback:
4 m
e) Minimum Exterior Side Setback:
7.5 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
90
12.3
Residential, Special Multi-Family 3 (RM-3) (Amendment Bylaw No. 975, 2024/Adopted
December 10, 2024)
(a)
The Multi-Family Residential 3 Zone is intended for apartment developments with
accommodations for affordable and special needs housing.
12.3.1 Permitted Principal Uses
(a)
Affordable Housing
(b)
Community Care Facility
(c)
Community Services, Non-Profit
12.3.2 Permitted Accessory Uses
(a)
Assembly
(b)
Home Occupation
12.3.3 Density Regulations
(a)
Maximum Dwelling Units per Hectare
50
12.3.4 Lot Regulations
(a)
Minimum Lot Size
0.5 ha
12.3.5 Building Regulations
12.3.6 Off-Street Parking Requirements
(a)
Off-Street Parking Requirements must comply with Part 8 of this bylaw.
(b)
Notwithstanding Part 8 of this bylaw, off-street parking regulations may be
reduced to one (1) parking space for each residential dwelling unit.
(c)
Off-street parking requirements may be further reduced and considered through
the development permit process or negotiated as part of a housing agreement.
Minimum Front Setback
4 m
Minimum Rear Setback
7.5 m
Minimum Interior Side Setback
4 m
Minimum Exterior Setback
7.5 m
Maximum Principal Building Height
For developments that provide affordable, senior, and
special needs housing, secured in a housing
agreement:
Six (6) Storeys
For all other developments:
10.5 m
Village of Pemberton Zoning Bylaw 832, 2018
91
PART 13: Residential Amenity 1 Zones (Sunstone)
(Amendment Bylaw No. 841, 2018/Adopted October 16, 2018)
13.1
Residential Amenity 1, Sunstone (RSA-1)
The Residential Amenity 1, Sunstone (RSA-1) Zone is to accommodate Detached Dwellings,
on lots within the Sunstone Neighbourhood, and to provide density incentives earned by the
provision of certain amenities.
13.1.1 Permitted Principal Uses
(a)
Dwelling, Detached
13.1.2 Permitted Accessory Uses
(a)
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(b)
Bed and Breakfast
(c)
Carriage House
(d)
Home Occupation
(e)
Secondary Suite
(f)
Short-Term Rental
13.1.3 Conditions of Use
(a)
A secondary suite or a carriage house use, is permitted as an accessory residential
use on a lot, but not two (2) accessory dwelling units on the same lot. (Amendment
Bylaw No. 924, 2022/Adopted May 17, 2022)
(b)
No more than two (2) dwellings (which includes an accessory dwelling unit) may be
located on a lot.
(c)
No more than two (2) accessory buildings or structures are permitted on a lot.
(d)
The maximum size of an accessory dwelling unit (secondary suite or carriage house)
is 90m2. (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(e)
The minimum lot sizes as a base density are as follows:
i.
Detached Dwelling
20,000 m2
ii.
Bed and Breakfast
20,000m2
(f)
The minimum lot size where the requirements identified in Section 13.1.3 (g) have
been fulfilled are as follows:
i.
Detached Dwelling
930 m2
ii.
Bed and Breakfast
930 m2
(g)
The densities may be increased from the requirements identified in Section 13.1.3
(e) to the requirements identified in Section 13.1.3 (f) providing contributions toward
community amenities have been provided through a payment of $9,165 per
detached dwelling or bed and breakfast lot, payable either:
i.
in cash prior to the registration of a plan of subdivision and to be held in a
Village of Pemberton Zoning Bylaw 832, 2018
92
reserve fund by the Village for the purpose of future recreational capital costs
on sports fields, a multi-sports facility, an ice arena or aquatic centre and
accessory uses; and/or
(h)
in-kind works and services provided that they are approved by the Village in writing
prior to the registration of a plan of subdivision for the purpose of future recreational
capital costs on sports fields, a multi-sports facility, an ice arena or aquatic centre
and accessory uses.
13.1.4 Lot Regulations
a) Minimum Lot Size:
930 m2
b) Minimum Lot Width:
18 m
13.1.5 Building Regulations
13.1.6 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the requirements of
this Bylaw.
13.1.7 Screening and Landscaping
(a)
Screening and landscaping shall be provided in accordance with the regulations in
this Bylaw.
13.1.8 Signage
(a)
Signage should be limited to that permitted pursuant to the requirements of this
Bylaw and the Village of Pemberton Sign Bylaw.
13.1.9 Watercourse Setbacks
a) Minimum Principal Building Width:
7.6 m
b) Minimum Front Setback:
5 m
c) Minimum Rear Setback:
5 m
d) Minimum Interior Side Setback:
1.5 m
e) Minimum Exterior Side Setback:
3 m
f) Maximum Lot Coverage:
40%
g) Maximum Number of Principal Buildings:
1
h) Maximum Number of Accessory Buildings:
2
i) Maximum Building Height, Principal:
10.5 m
j) Maximum Building Height, Carriage House :
Two (2) Storeys
k) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
93
(a)
Setbacks from any watercourses on the property must be in accordance with the
requirements of the Village of Pemberton, Ministry of Environment and the
Department of Fisheries and Oceans.
13.2
Residential Townhouse Amenity 1, Sunstone (RTA-1)
(Amendment Bylaw No. 841, 2018/ Adopted October 16, 2018)
The Residential Townhouse Amenity 1, Sunstone (RTA-1) Zone is to provide for Small Lot
Detached Dwellings and Residential Townhouse development on lots within the Sunstone
Neighbourhood, and to provide density incentives earned by the provision of certain
amenities.
13.2.1 Permitted Principal Uses
(a)
Dwelling, Detached
(b)
Dwelling, Townhouse
(c)
Dwelling, Duplex (Amendment Bylaw No. 883, 2020/Adopted June 16, 2020)
13.2.2 Permitted Accessory Uses
(a)
Home Occupation
(b)
Secondary Suite
13.2.3 Conditions of Use:
(a)
Secondary Suites are permitted only on lots created and developed as Single
Detached Dwelling units.
(b)
Duplex dwellings are permitted in multi-family developments of three (3) units or
greater, on lots greater than 1,850m2. (Amendment Bylaw No. 883, 2020/Adopted June 16,
2020)
(c)
A maximum of one (1) Secondary Suite is permitted on a lot.
(d)
A maximum of one (1) Accessory Building or Structure, up to a maximum size of
10m2, is permitted on a lot.
(e)
The minimum lot sizes as a base density are as follows:
i.
Detached Dwelling
20,000 m2
ii.
Townhouse or Duplex
20,000 m2 per unit (Amendment Bylaw No. 924,
2022/Adopted May 17, 2022)
(f)
Where the requirements identified in Section 13.2.3(g) are fulfilled, the permitted
density of a Single Residential use may be increased to the following:
i.
Minimum Lot Size:
350 m2
ii.
Minimum Lot Width:
12 m
(g)
Where the requirements identified in Section 13.2.3(g) are fulfilled, the permitted
density of a Townhouse use may be increased in accordance with the regulations
contained within the RM-1 Zone:
Village of Pemberton Zoning Bylaw 832, 2018
94
i.
Minimum Lot Size:
700 m2
ii.
Maximum Floor Area Ratio: 0.50
(h)
The densities may be increased from the requirements identified in Section 13.2.3(d)
to the requirements identified in Sections 13.2.3(e) and (f) by providing contributions
toward community amenities have been provided through a payment of $9,165 per
detached dwelling or $6,110 per townhouse unit, payable either:
i.
in cash at the earlier of building permit issuance or registration of a plan of
subdivision, to be held in a reserve fund by the Village for the purpose of
future recreational capital costs on sports fields, a multi-sports facility, an ice
arena or aquatic centre and accessory uses; and/or
(i)
in-kind works and services provided that they are approved by the Village in writing
at the earlier of building permit issuance or registration of a plan of subdivision, for
the purpose of future recreational capital costs on sports fields, a multi-sports facility,
an ice arena or aquatic centre and accessory uses.
13.2.4 Density Regulations
a) Maximum Density, Detached:
n/a
b) Maximum Density, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17,
2022)
25 units per Ha
13.2.5 Lot Regulations
a) Minimum Lot Size, Detached:
350 m2
b) Minimum Lot Size, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17,
2022)
700 m2
c) Minimum Lot Width, Detached:
12 m
d) Minimum Lot Width, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17,
2022)
n/a
13.2.6 Building Regulations
a) Minimum Front Setback, Detached:
6 m
b) Minimum Front Setback, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
7.5 m
c) Minimum Rear Setback, Detached:
7.5 m
d) Minimum Rear Setback, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
5 m
e) Minimum Interior Side Setback, Detached:
1.2 m (i)
f) Minimum Interior Side Setback, Townhouse or
Duplex: (Amendment Bylaw No. 924, 2022/Adopted May
17, 2022)
3m
Village of Pemberton Zoning Bylaw 832, 2018
95
g) Minimum Exterior Side Setback, Detached:
1.2 m (i)(ii)
h) Minimum Exterior Side Setback, Townhouse or
Duplex: (Amendment Bylaw No. 924, 2022/Adopted May
17, 2022)
3 m
i) Maximum Lot Coverage, Detached:
50%
j) Maximum Lot Coverage, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
40%
k) Maximum Building Height, Principal, Detached:
Two (2) storeys
l) Maximum Building Height, Townhouse or Duplex:
(Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
10.5 m
m) Maximum Building Height, Accessory, Detached:
3 m
n) Maximum Building Height, Accessory,
Townhouse or Duplex: (Amendment Bylaw No. 924,
2022/Adopted May 17, 2022)
4.6 m
13.2.7 Conditions of Use
i.
In the case where a side lot line flanks a street a minimum side setback is
2.4 m.
ii.
One side setback may be reduced to 0.6 meters for garage area only;
however, 0.6 m setbacks may not abut each other on adjacent lots.
13.2.8 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the requirements of
this Bylaw.
13.2.9 Screening and Landscaping
(a)
Screening and landscaping shall be provided in accordance with the regulations in
this Bylaw.
13.2.10 Signage
(a)
Signage should be limited to that permitted pursuant to the requirements of this
Bylaw and the Village of Pemberton Sign Bylaw.
13.2.11 Watercourse Setbacks
(a)
Setbacks from any watercourses on the property must be in accordance with the
requirements of the Village of Pemberton, Ministry of Environment and the Department
of Fisheries and Oceans.
Village of Pemberton Zoning Bylaw 832, 2018
96
13.3
Residential Amenity 3, Sunstone (RSA-3)
(Amendment Bylaw No. 869, 2019/Adopted November 19, 2019)
The Residential Amenity 3, Sunstone (RSA-3) Zone is to accommodate Detached Dwellings,
on larger lots within the Sunstone Neighbourhood, and to provide density incentives earned by
the provision of certain amenities.
13.3.1 Permitted Principal Uses
(a)
Dwelling, Detached
13.3.2 Permitted Accessory Uses
(a)
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(b)
Bed and Breakfast
(c)
Carriage House
(d)
Home Occupation
(e)
Secondary Suite
(f)
Short-Term Rental
13.3.3 Conditions of Use
(a)
A secondary suite use or a carriage house use is permitted as an accessory residential
use on a lot, but not two (2) accessory dwelling units on the same lot. (Amendment Bylaw
No. 924, 2022/Adopted May 17, 2022)
(b)
No more than two (2) dwellings (which includes an accessory dwelling unit) may be
located on a lot.
(c)
No more than two (2) accessory buildings or structures are permitted on a lot.
(d)
The maximum size of an accessory dwelling unit (secondary suite or carriage house) is
90m2. (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(e)
The minimum lot sizes as a base density are as follows:
i.
Detached Dwelling
20,000 m2
ii.
Bed and Breakfast
20,000 m2
(f)
The minimum lot size where the requirements identified in Section 13.1.3 (g) have been
fulfilled are as follows:
i.
Detached Dwelling
2,000 m2
ii.
Bed and Breakfast
2,000 m2
(g)
The densities may be increased from the requirements identified in Section 13.3.3 (e) to
the requirements identified in Section 13.3.3 (f) providing contributions toward community
amenities have been provided through a payment of $9,165 per detached dwelling or
bed and breakfast lot, payable either:
i.
in cash prior to the registration of a plan of subdivision and to be held in a reserve
fund by the Village for the purpose of future recreational capital costs on sports
fields, a multi-sports facility, an ice arena or aquatic centre and accessory uses;
Village of Pemberton Zoning Bylaw 832, 2018
97
and/or
ii.
in-kind works and services provided that they are approved by the Village in writing
prior to the registration of a plan of subdivision for the purpose of future recreational
capital costs on sports fields, a multi-sports facility, an ice arena or aquatic centre
and accessory uses.
13.3.4 Lot Regulations
a) Minimum Lot Size:
2,000 m2
b) Minimum Lot Width:
18 m
13.3.5 Building Regulations
13.3.6 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the requirements of
this Bylaw.
13.3.7 Screening and Landscaping
(a)
Screening and landscaping shall be provided in accordance with the regulations in
this Bylaw.
13.3.8 Signage
(a)
Signage should be limited to that permitted pursuant to the requirements of this
Bylaw and the Village of Pemberton Sign Bylaw.
13.3.9 Watercourse Setbacks
a) Minimum Principal Building Width:
7.6 m
b) Minimum Front Setback:
5 m
c) Minimum Rear Setback:
5 m
d) Minimum Interior Side Setback:
1.5 m
e) Minimum Exterior Side Setback:
3 m
f) Maximum Lot Coverage:
40%
g) Maximum Number of Principal Buildings:
1
h) Maximum Number of Accessory Buildings:
2
i) Maximum Building Height, Principal:
10.5 m
j) Maximum Building Height, Carriage House:
Two (2) Storeys
k) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
98
(a) Setbacks from any watercourses on the property must be in accordance with the
requirements of the Village of Pemberton, Ministry of Environment and the Department
of Fisheries and Oceans.
PART 14: Residential Amenity 2 Zones (The Ridge)
(Amendment Bylaw No. 841, 2018/Adopted October 16, 2018)
14.1
Residential Amenity 2, The Ridge (RSA-2)
The Residential Amenity 2, The Ridge (RSA-2) Zone is to accommodate Detached Dwellings,
on lots within The Ridge Neighbourhood, and to provide density incentives earned by the
provision of certain amenities.
14.1.1 Permitted Principal Uses
(a)
Dwelling, Detached
14.1.2 Permitted Accessory Uses
(a)
Repealed (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(b)
Bed and Breakfast
(c)
Carriage House
(d)
Home Occupation
(e)
Secondary Suite
(f)
Short-Term Rental
14.1.3 Conditions of Use
(a)
A secondary suite use or a carriage house use is permitted as an accessory use on
a lot, but not two accessory residential dwelling units on the same lot. (Amendment
Bylaw No. 924, 2022/Adopted May 17, 2022)
(b)
No more than two (2) dwellings (which include an accessory suite) may be located
on a lot.
(c)
No more than two (2) accessory buildings or structures are permitted on a lot.
(d)
The maximum size of an accessory dwelling unit (secondary suite or carriage house)
is 90 m2. (Amendment Bylaw No. 924, 2022/Adopted May 17, 2022)
(e)
The minimum lot sizes as a base density are as follows:
i.
Detached Dwelling 20,000 m2
(f)
Bed and Breakfast 20,000 m2
(g)
The minimum lot sizes where the requirements identified in Section 14.1.3(g) have
been fulfilled are as follows:
i.
Detached Dwelling 1,400 m2
Village of Pemberton Zoning Bylaw 832, 2018
99
(h)
Bed and Breakfast 1,400 m2
(i)
The densities may be increased from the requirements identified in Section 14.1.3(e)
to the requirements identified in Section 14.1.3(f) providing contributions toward
community amenities have been provided through a voluntary contribution of $9,165
per detached dwelling or bed & breakfast lot, payable either:
ii.
in cash prior to the registration of a plan of subdivision and to be held in a
reserve fund by the Village for the purpose of future recreational capital costs
on sports fields, a multi-sports facility, an ice arena or aquatic centre and
accessory uses; and/or
(j)
in-kind works and services provided that they are approved by the Village in writing
prior to the registration of a plan of subdivision for the purpose of future recreational
capital costs on sports fields, a multi-sports facility, an ice arena or aquatic centre
and accessory uses.
14.1.4 Lot Regulations
a) Minimum Lot Size:
1,400 m2
b) Minimum Lot Width:
18 m
14.1.5 Building Regulations
a) Minimum Front Setback:
5 m
b) Minimum Rear Setback:
5 m
c) Minimum Interior Side Setback:
1.5 m
d) Minimum Exterior Side Setback:
3 m
e) Maximum Lot Coverage:
40%
f) Maximum Number of Principal Buildings:
1
g) Maximum Number of Accessory Buildings:
2
h) Maximum Building Height, Principal:
10.5 m
i) Maximum Building Height, Carriage House:
Two Storeys
j) Maximum Building Height, Accessory:
4.6 m
14.1.6 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the
requirements of this Bylaw.
14.1.7 Screening and Landscaping
(a)
Screening and landscaping shall be provided in accordance
with the regulations in this Bylaw.
14.1.8 Signage
Village of Pemberton Zoning Bylaw 832, 2018
100
(a)
Signage should be limited to that permitted pursuant to the requirements of
this Bylaw and the Village of Pemberton Sign Bylaw.
14.1.9 Watercourse Setbacks
(a)
Setbacks from any watercourses on the property must be in accordance with
the requirements of the Village of Pemberton, Ministry of Environment
and the Department of Fisheries and Oceans.
14.2
Residential Townhouse Amenity 2, The Ridge (RTA-2)
(Amendment Bylaw No. 841, 2018/Adopted October 16, 2018)
The Residential Townhouse Amenity 2, The Ridge (RTA-2) Zone is to provide for Small Lot
Detached Dwellings and Residential Townhouse development within the Ridge
Neighbourhood, and to provide density incentives earned by the provision of certain
amenities.
14.2.1 Permitted Principal Uses
(a)
Dwelling, Detached
(b)
Dwelling, Townhouse
14.2.2 Permitted Accessory Uses
(a)
Home Occupation
(b)
Secondary Suite
14.2.3 Conditions of Use
(a)
Secondary suites are permitted only on lots created and developed as Detached
Dwelling units.
(b)
A maximum of one (1) secondary suite is permitted on a lot.
(c)
A maximum of two (2) accessory buildings or structures are permitted on a lot.
(d)
The minimum size for a townhouse is 300 m2.
(e)
The minimum lot sizes as a base density are as follows:
i.
Detached Dwelling
20,000 m2
ii.
Townhouse
20,000 m2 per unit
(f)
Where the requirements identified in Section 14.2.3(h) are fulfilled, the permitted density
of a Detached Dwelling use may be increased to the following:
i.
Minimum Lot Size 700 m2
Village of Pemberton Zoning Bylaw 832, 2018
101
ii.
Minimum Lot Width
18 m
iii.
Maximum Floor Area Ratio
0.50
(g)
Where the requirements identified in Section 14.2.3(h) are fulfilled, the permitted density
of a Townhouse use may be increased in accordance with the regulations contained
within the RM-1 Zone:
i.
Minimum Lot Size:
700 m2
ii.
Minimum Lot Width:
18 m
iii.
Maximum Floor Area Ratio
0.50
(h)
The densities may be increased from the requirements identified in Section 14.2.3 (e) to
the requirements identified in Section 14.2.3(f) and Section 14.2.3 (g) providing
contributions toward community amenities have been provided through a voluntary
contribution of $9,165 per detached dwelling lot or $6,110 per townhouse unit, payable
either:
i.
in cash at the earlier of building permit issuance or registration of a plan of
subdivision, to be held in a reserve fund by the Village for the purpose of
future recreational capital costs on sports fields, a multi-sports facility, an ice
arena or aquatic centre and accessory uses; and/or
ii.
in-kind works and services provided that they are approved by the Village in
writing at the earlier of building permit issuance or registration of a plan of
subdivision, for the purpose of future recreational capital costs on sports
fields, a multi-sports facility, an ice arena or aquatic centre and accessory
uses.
14.2.4 Density Regulations
(a) Maximum Density, Detached:
0.50 FAR
(b) Maximum Density, Townhouse:
25 units per Ha
14.2.5 Lot Regulations:
a) Minimum Lot Size, Detached:
700 m2
b) Minimum Lot Size, Townhouse:
700 m2
c) Minimum Lot Width, Detached:
18 m
d) Minimum Lot Width, Townhouse:
n/a
14.2.6 Building Regulations:
a) Maximum Lot Coverage:
40%
b) Minimum Front Setback, Detached:
5 m
c) Minimum Front Setback, Townhouse:
7.5 m
d) Minimum Rear Setback, Detached:
5 m
Village of Pemberton Zoning Bylaw 832, 2018
102
e) Minimum Rear Setback, Townhouse:
5 m
f) Minimum Interior Side Setback, Detached:
1.5 m
g) Minimum Interior Side Setback, Townhouse:
3 m
h) Minimum Exterior Side Setback, Detached:
3 m
i) Minimum Exterior Side Setback, Townhouse:
3 m
j) Maximum Building Height, Detached or
Townhouse:
10.5 m
k) Maximum Building Height, Accessory:
4.6 m
l) Maximum Number of Accessory Buildings:
(Amendment Bylaw No. 924, 2022/Adopted May 17,
2022)
2
14.2.7 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the requirements of
this Bylaw.
14.2.8 Screening and Landscaping
(a)
Screening and landscaping shall be provided in accordance with the regulations in
this Bylaw.
14.2.9 Signage
(a)
Signage should be limited to that permitted pursuant to the requirements of this
Bylaw and the Village of Pemberton Sign Bylaw.
14.2.10 Watercourse Setbacks
(a)
Setbacks from any watercourses on the property must be in accordance with the
requirements of the Village of Pemberton, Ministry of Environment and the Department of
Fisheries and Oceans.
Village of Pemberton Zoning Bylaw 832, 2018
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PART 15: Commercial Zones
15.1
Commercial, Town Centre (C-1)
The Town Centre Commercial Zone is to guide use of land, buildings and structures in the
Town Centre of the Village of Pemberton.
15.1.1 Permitted Principal Uses
(a)
Arts and Culture
(b)
Automotive Service Shop (subject to Conditions of Use)
(c)
Catering Establishment
(d)
Cannabis, Retail (Amendment Bylaw No. 847, 2018/Adopted October 16, 2018)
(e)
Child Care Centre (Amendment Bylaw No. 889, 2020/Adopted October 20, 2020)
(f)
Civic
(g)
Deleted (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
(h)
Convenience Store
(i)
Equipment Sales, Servicing, Rental and Repair Shop (subject to Conditions of Use)
(j)
Financial Institution
(k)
Fitness Centre (subject to Conditions of Use)
(l)
Food Truck
(m)
Garden Centre
(n)
Gasoline Station (subject to Conditions of Use)
(o)
Glass Shop (subject to Conditions of Use)
(p)
Hostel
(q)
Hotel
(r)
Laundromat
(s)
Liquor License, Liquor Primary
(t)
Liquor License, Food Primary
(u)
Liquor Store
(v)
Liquor Store, Private
(w)
Mixed Use Building
(x)
Office, Business
(y)
Office, Professional
(z)
Personal Service
(aa)
Restaurant
(bb)
Retail
(cc)
Veterinary Clinic
15.1.2 Permitted Accessory Uses
Village of Pemberton Zoning Bylaw 832, 2018
104
(a)
Accessory Retail
(b)
Accessory Residential Dwelling
(c)
Home Occupation
15.1.3 Conditions of Use
(a)
Automotive Service Shop: The Automotive Service Shop use is permitted only on
lands legally described as Lot 1, DL 203, LLD, Plan KAP58517 at the time of
adoption of this Bylaw.
(b)
Equipment Sales, Servicing, Rental and Repair Shop: The Equipment Sales,
Servicing, Rental and Repair Shop use is permitted only on lands legally described
as Lot 7, Block 2, DL 203, LLD, Plan 1624 at the time of adoption of this Bylaw.
(c)
Fitness Centre: The maximum permitted floor area of a fitness centre use is 300 m2
(d)
Gasoline Station: The Gasoline Station use is permitted only on lands legally
described as Lot 1, DL 203, LLD, Plan 38251, at the time of adoption of this Bylaw.
(e)
Glass Shop: The Glass Shop use is only permitted on lands legally described as Lot
B, DL 7796, LLD, Plan EPP66105, at the time of adoption of this Bylaw.
(f)
For uses permitted under sections 15.1.1(b), 15.1.1(f), 15.1.1(k) and 15.1.1(l) all
outdoor storage and waste disposal areas shall be visually screened.
(g)
Cannabis, Retail: The Cannabis, Retail use is not permitted within one hundred and
fifty (150) metres of the nearest property line of a site containing a School,
Community Centre, Library, Daycare, Skate Park, BMX Track or other youth-oriented
facility. (Amendment Bylaw No. 847, 2018/Adopted October 16, 2018)
(h)
Cannabis, Retail: Not more than two (2) Cannabis, Retail uses will be permitted at
any one time. (Amendment Bylaw No. 847, 2018/Adopted October 16, 2018)
(i)
Deleted (Amendment Bylaw No. 975, 2024/Adopted December 10, 2024)
15.1.4 Density Regulations
(a)
Maximum Density:
2.5 FAR
15.1.5 Lot Regulations
a) Minimum Lot Size:
220 m2
b) Minimum Lot Width:
12 m
15.1.6 Building Regulations
a) Maximum Lot Coverage:
100%
b) Minimum Front Setback:
0 m
c) Minimum Rear Setback:
4.5 m
Village of Pemberton Zoning Bylaw 832, 2018
105
d) Minimum Interior Side Setback:
0 m
e) Minimum Exterior Side Setback:
0 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
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15.2
Commercial, Tourism (C-2)
The Tourism Commercial (C-2) Zone is to accommodate tourist and tourism accommodation
related uses.
15.2.1 Permitted Principal Uses
(a)
Arts and Culture
(b)
Child Care Centre (Amendment Bylaw No. 889, 2020/Adopted October 20, 2020)
(c)
Civic
(d)
Convenience Store
(e)
Drive Through Business (subject to Conditions of Use)
(f)
Food Truck
(g)
Gasoline Station
(h)
Hostel
(i)
Hotel
(j)
Motel
(k)
Office, Business
(l)
Personal Service
(m)
Restaurant
(n)
Retail, Recreation and Leisure
15.2.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Accessory Residential Dwelling
(c)
Home Occupation
15.2.3 Conditions of Use
(a)
Drive Through Business: The Drive Through Business Use is only permitted on
lands legally described as Lot A, Plan KAP74508, DL 203, LLD, at the time of
adoption of this Bylaw.
15.2.4 Density Regulations
(a)
Maximum Density:
1.5 FAR
15.2.5 Lot Regulations
a) Minimum Lot Size:
900 m2
Village of Pemberton Zoning Bylaw 832, 2018
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15.2.6 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
7.5 m
c) Minimum Rear Setback:
3 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
4.5 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
15.3
Commercial, Portage Road (C-3)
The Portage Commercial (C-3) Zone accommodates the use of land, buildings and structures
in the Portage Road area of the Village of Pemberton.
15.3.1 Permitted Principal Uses
(a)
Arts and Culture
(b)
Child Care Centre (Amendment Bylaw No. 889, 2020/Adopted October 20, 2020)
(c)
Civic
(d)
Dwelling Unit, Apartment
(e)
Dwelling Unit, Townhouse/Stacked Townhouse (Amendment Bylaw No. 862, 2019/Adopted
May 7, 2019)
(f)
Fitness Centre (subject to Conditions of Use)
(g)
Food Truck
(h)
Hotel
(i)
Mixed Use Building
(j)
Office, Business
(k)
Office, Professional
(l)
Personal Service
(m) Restaurant
(n)
Retail, Recreation and Leisure
15.3.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Accessory Residential Dwelling
(c)
Home Occupation
Village of Pemberton Zoning Bylaw 832, 2018
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15.3.3 Conditions of Use
(a)
Fitness Centre: The maximum permitted floor area of a fitness centre use is 300 m2.
15.3.4 Density Regulations
(a)
Maximum Density:
1.5 FAR
15.3.5 Lot Regulations
a) Minimum Lot Size:
900 m2
15.3.6 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
4.5 m
c) Minimum Rear Setback:
3 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
4.5 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
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15.4
Commercial, Service (C-4)
The Service Commercial (C-4) Zone accommodates the use of land, buildings and structures
for Commercial service uses.
15.4.1 Permitted Principal Uses
(a)
Automotive Service Shop
(b)
Child Care Centre (Amendment Bylaw No. 889, 2020/Adopted October 20, 2020)
(c)
Food Truck
(d)
Garden Centre
(e)
Gasoline Station
15.4.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Accessory Residential Dwelling
(c)
Home Occupation
15.4.3 Density Regulations
(a)
Maximum Density:
0.5 FAR
15.4.4 Lot Regulations
a) Minimum Lot Size:
500 m2
15.4.5 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
7.5 m
c) Minimum Rear Setback:
4.5 m
d) Minimum Interior Side Setback:
4.5 m
e) Minimum Exterior Side Setback:
4.5 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
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15.5
Commercial, Neighbourhood Pub (C-5)
The Neighbourhood Pub Commercial Zone accommodates use of land, buildings and
structures for neighbourhood pub, tourist and tourism accommodation uses.
15.5.1 Permitted Principal Uses
(a)
Arts and Culture
(b)
Catering Establishment
(c)
Child Care Centre (Amendment Bylaw No. 889, 2020/Adopted October 20, 2020)
(d)
Civic
(e)
Drive Through Business
(f)
Food Truck
(g)
Hotel
(h)
Liquor License, Liquor Primary
(i)
Liquor License, Food Primary
(j)
Mixed Use Building (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(k)
Motel
(l)
Neighbourhood Pub
(m)
Personal Service
(n)
Retail, Recreation and Leisure
(o)
Restaurant
(p)
Spa
15.5.2 Permitted Accessory Uses
(a)
Accessory Liquor Store, Private
(b)
Accessory Retail
(c)
Accessory Residential Dwelling
(d)
Home Occupation
15.5.3 Conditions of Use
(a)
Drive Through Business: The Drive Through Business Use is only permitted on
lands legally described as Lot 2, Plan KAP74065, DL 203, LLD at the time of
adoption of this Bylaw.
15.5.4 Density Regulations
(a)
Maximum Density:
0.5 FAR
Village of Pemberton Zoning Bylaw 832, 2018
111
15.5.5 Lot Regulations
a) Minimum Lot Size
900 m2
15.5.6 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
4.5 m
c) Minimum Rear Setback:
7.5 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
3 m
f) Maximum Building Height, Principal:
10.5m
g) Maximum Building Height, Accessory:
4.6m
15.6
Commercial, Downtown Mixed Density Zone (C-6) (Amendment Bylaw No. 975,
2024/Adopted December 10, 2024)
(a) The Commercial Zone 6 (C-6) Downtown Mixed Density Zone is intended to reserve
the former rail maintenance site for future mixed development on the fringe of the
Village Centre. The site is situated within walking distance of amenities and will
accommodate larger buildings without impeding views of other residents and
businesses.
15.6.1
Permitted Principal Uses
(a) Affordable Housing
(b) Dwelling, Apartments
(c) Dwelling, Townhouses
(d) Mixed-Use Building
15.6.2
Permitted Accessory Uses
(a) Community Garden
(b) Home Occupation
(c) Arts and Culture
(d) Child Care Centre
(e) Civic
(f) Convenience Store
(g) Fitness Centre
(h) Laundromat
(i) Personal Service
(j) Restaurant
(k) Retail
15.6.3
Density Regulations
(a) Maximum Density
50 units per ha
Village of Pemberton Zoning Bylaw 832, 2018
112
15.6.4
Lot Regulations
(a) Minimum Lot Size:
2.5 hectares
15.6.5
Building Regulations
(a) Maximum Lot Coverage
50%
(b) Minimum Front Setback
2.5 m
(c) Minimum Rear Setback
4.5 m
(d) Minimum Interior Side Setback
0 m
(e) Minimum Exterior Setback
4.5 m
(f) Maximum Principal Building Height
Three (3) Storeys
i.
When 100% of a building is either purpose-built rental or
affordable housing, secured by a housing agreement
Six (6) Storeys
(g) Maximum Accessory Building Height
Two (2) Storeys
(h) Minimum Separation Between Buildings on a Single Lot
10 m
15.6.6
Off-Street Parking Requirements
(a) Off-Street Parking Requirements must comply with Part 8 of this bylaw.
(b) Notwithstanding Part 8 of this bylaw, the minimum number of off-street parking
spaces may be reduced to one (1) parking space for each secured rental or
affordable dwelling unit.
(c) The minimum number of off-street parking spaces may be further reduced and
considered through the development permit process or negotiated as part of a
housing agreement.
Village of Pemberton Zoning Bylaw 832, 2018
113
PART 16: Industrial and Airport Zones
16.1
Industrial Park (M-1)
The Industrial Park Zone accommodates a range of industrial and service uses in the
Pemberton Industrial Park.
16.1.1 Permitted Principal Uses
(a)
Animal Kennel
(b)
Artisan
(c)
Automotive and RV Sales
(d)
Automotive Salvage
(e)
Automotive Service Shop
(f)
Building Supply
(g)
Bulk Storage
(h)
Cannabis Production Facility
(i)
Catering Establishment
(j)
Car Wash
(k)
Civic
(l)
Convenience Store
(m)
Dance Studio
(n)
Equipment Sales, Service, Rental and Repair
(o)
Fitness Centre
(p)
Food Truck
(q)
Garden Centre
(r)
Gasoline Station
(s)
Industrial
(t)
Industrial Fuel Facility
(u)
Industrial Publishing and Printing
(v)
Laboratory
(w)
Laundromat
(x)
Materials Recovery Facility
(y)
Brewery, Cidery, Distillery and Winery
(z)
Nursery
(aa) Office, Business
(bb) Pet Grooming (Amendment Bylaw No. 862, 2019/ Adopted May 7, 2019)
(cc)
Outdoor Storage
(dd) Photography
Village of Pemberton Zoning Bylaw 832, 2018
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(ee) Radio, TV, Recording Studio
(ff)
Recreation, Indoor
(gg) Recycling Facility
(hh) Restaurant
(ii)
Retail, Industrial
(jj)
School, Vocational or Craft (Amendment Bylaw No. 862, 2019/ Adopted May 7, 2019)
(kk)
Storage Facility, Self-Serve
(ll)
Storage Facility, Outdoor Equipment
(mm) Trade Contractor Facilities
(nn) Veterinary Clinic
(oo) Waste Transfer Station
(pp) Wholesale Bakery (Amendment Bylaw No. 862, 2019; Adopted May 7, 2019)
(qq) Works Yard
16.1.2 Permitted Accessory Uses
(a)
Accessory Liquor Store, Private
(b)
Accessory Retail
(c)
Accessory Residential Dwelling
(d)
Home Occupation
(e)
Storage, Intermodal Storage Container
16.1.3 Density Regulations
(a)
Maximum Density:
0.5 FAR
16.1.4 Lot Regulations
a) Minimum Lot Size:
1,800 m2
b) Minimum Lot Width:
36 m
16.1.5 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
7.5 m
c) Minimum Rear Setback:(Amendment Bylaw No.
862, 2019/ Adopted May 7, 2019)
3 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback: (Amendment
3 m
Village of Pemberton Zoning Bylaw 832, 2018
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Bylaw No. 862, 2019/Adopted May 7, 2019)
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.5 m
16.2
Industrial, Resource (M-2)
The Resource Industrial Zone accommodates the use of land, buildings and structures for
larger Industrial uses in the Village of Pemberton.
16.2.1 Permitted Principal Uses
(a)
Bulk Storage
(b)
Composting Facility
(c)
Log Home and Prefabricated Home Construction Assembly (Amendment Bylaw No. 862,
2019/ Adopted May 7, 2019)
(d)
Materials Recovery Facility
(e)
Recycling Facility
(f)
Resource Extraction
(g)
Resource Processing
(h)
Sawmill (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(i)
Top Soil Blending (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(j)
Waste Transfer Station
(k)
Works Yard
16.2.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Storage, Intermodal Storage Container
16.2.3 Conditions of Use
(a) All uses in the Resource Industrial Zone on land that is visible from Highway 99 shall provide
a natural or landscaped and irrigated continuous screening buffer for the length of the
property, at a width of not less than twenty (20) metres. (Amendment Bylaw No. 862, 2019/
Adopted May 7, 2019)
16.2.4 Density Regulations
(a)
Maximum Density:
0.5 FAR
16.2.5 Lot Regulations
Village of Pemberton Zoning Bylaw 832, 2018
116
a) Minimum Lot Size:
3,600 m2
b) Minimum Lot Width:
36 m
16.2.6 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
7.5 m
c) Minimum Rear Setback:
7.5 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
6 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
117
16.3
Airport (AP-1)
The Airport Zone accommodates the use of land, buildings and structures at the Pemberton
Airport for Airport related uses.
16.3.1 Permitted Principal Uses
(a)
Agriculture
(b)
Airport
(c)
Airport Related Business
(d)
Animal Kennel
(e)
Civic
(f)
Food Truck
16.3.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Storage, Intermodal Storage Container
16.3.3 Building Regulations
a) Minimum Front Setback:
7.5 m
b) Minimum Rear Setback: (Amendment Bylaw No.
862, 2019/Adopted May 7, 2019)
10 m
c) Minimum Interior Side Setback: (Amendment Bylaw
No. 862, 2019/Adopted May 7, 2019)
1.5 m
d) Minimum Exterior Side Setback: (Amendment
Bylaw No. 862, 2019/Adopted May 7, 2019)
3 m
Village of Pemberton Zoning Bylaw 832, 2018
118
PART 17: Civic, Institutional, and Recreation Zones
17.1
Public (P-1)
The Public Zone accommodates a range of civic facilities for the community.
17.1.1 Permitted Principal Uses
(a)
Arts and Culture
(b)
Artisan
(c)
Assembly
(d)
BMX Track
(e)
Campground
(f)
Child Care Centre
(g)
Civic
(h)
Community Care Facility
(i)
Concession Stand
(j)
Farmers Market
(k)
Fitness Centre
(l)
Food Truck
(m) Golf Course
(n)
Picnic Grounds
(o)
Recreation, Indoor
(p)
Recreation, Outdoor
(q)
Recreational Facility
(r)
School
17.1.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Storage, Intermodal Storage Container
17.1.3 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
5 m
c) Minimum Rear Setback:
3 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
3 m
f) Maximum Building Height, Principal:
10.5 m
Village of Pemberton Zoning Bylaw 832, 2018
119
g) Maximum Building Height, Accessory:
4.6 m
17.1.4 Conditions of Use
(a)
The lands legally described as Lot 1, DL 203, LLD, Plan EPP1760 shall have no
minimum setbacks.
(b)
The lands legally described as Lot 1, DL 203, LLD, Plan EPP1760 shall have no
maximum lot coverage.
Village of Pemberton Zoning Bylaw 832, 2018
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17.2
Parks and Recreation (PR-1)
The Parks and Recreation Zone accommodates a range of park and recreation facilities for the
community.
17.2.1 Permitted Principal Uses
(a)
Agriculture
(b)
Assembly
(c)
Campground (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(d)
Child Care Centre
(e)
Civic
(f)
Concession Stand
(g)
Farmers Market
(h)
Fitness Centre
(i)
Food Truck
(j)
Golf Course
(k)
Picnic Grounds
(l)
Recreation, Indoor
(m) Recreation, Outdoor
(n)
Recreational Facility
17.2.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Storage, Intermodal Storage Container
17.2.3 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
5 m
c) Minimum Rear Setback:
3 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
3 m
f) Maximum Building Height, Principal:
10.5 m
g) Maximum Building Height, Accessory:
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
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17.3
Outdoor Recreation (OR-1)
The Outdoor Recreation Zone accommodates a range of outdoor recreation uses for the
community.
17.3.1 Permitted Principal Uses
(a)
Assembly
(b)
BMX Track
(c)
Campground
(d)
Civic
(e)
Concession Stand
(f)
Food Truck
(g)
Picnic Grounds
(h)
Recreation, Outdoor
(i)
Riding Academy
(j)
Speedway (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
17.3.2 Permitted Accessory Uses
(a)
Accessory Retail
(b)
Storage, Intermodal Storage Container
17.3.3 Building Regulations
a) Maximum Building Height, Principal
10.5m
b) Maximum Building Height, Accessory
4.6 m
Village of Pemberton Zoning Bylaw 832, 2018
122
17.4
Education (E-1)
The Education Zone accommodates public and/or private educational facilities for the
community.
17.4.1 Permitted Principal Uses
(a)
Agriculture
(b)
Assembly
(c)
Boarding School
(d)
Child Care Centre
(e)
Civic
(f)
Recreation, Indoor
(g)
Recreation, Outdoor
(h)
School, Private (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
(i)
Sporting and Leisure Camps (Amendment Bylaw No. 862, 2019/Adopted May 7, 2019)
17.4.2 Permitted Accessory Uses
(a)
Accessory Retail
17.4.3 Lot Regulations
a) Minimum Lot Size:
1,850 m2
17.4.4 Density Regulations
(a) Maximum Density:
1.0 FAR
17.4.5 Building Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
7.6 m
c) Minimum Rear Setback:
7.6 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
6 m
f) Maximum Building Height, Principal:
10.5m
g) Maximum Building Height, Accessory:
4.6m
Village of Pemberton Zoning Bylaw 832, 2018
123
17.5
Resource Management (RES-1) (Amendment Bylaw No. 862, 2019/Adopted May 7,
2019)
The Resource Management Zone accommodates resource management uses on Crown
Land.
17.5.1 Permitted Principal Uses
(a)
Forestry
(b)
Resource Extraction
Village of Pemberton Zoning Bylaw 832, 2018
124
17.6
Community Watershed Protection (CWP-1) (Amendment Bylaw No. 862, 2019/Adopted
May 7, 2019)
The Community Watershed Protection Zone accommodates uses compatible with watershed
management for the protection of domestic drinking water sources on Crown Land.
17.6.1 Permitted Principal Uses
(a) Conservation
(b) Forestry
Village of Pemberton Zoning Bylaw 832, 2018
125
PART 18: Comprehensive Development (CD) Zones
18.1
CD-1: Comprehensive Development Zone 1 (Creekside)
The intent of this zone is to accommodate a townhouse development on a specific piece of
property.
18.1.1 Permitted Land Uses
Minimum
Lot Size
Minimum Lot
Width
Townhouse
n/a
n/a
Accessory Uses
n/a
n/a
(a) Home Occupation is a permitted Accessory Use.
18.1.2 Buildings and Structures
Maximum
Number
Maximum
Density
Maximum
Height
Principal Building
14 (a)
54 units (b)
10.5 m
Accessory Building/Structures
n/a
n/a
4.6 m
(a)
Not more than four (4) dwelling units shall be contained within a principal building.
(b)
Not more than fifty-four (54) dwelling units shall be developed on any one parcel of
land.
18.1.3 Building Setbacks
(a)
All buildings shall be sited in accordance with the Site Plan that is attached to this
zoning district.
18.1.4 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the requirements of
this Bylaw.
18.1.5 Maximum Lot Coverage
(a)
The lot coverage must not exceed 16% of the area of the lot.
Village of Pemberton Zoning Bylaw 832, 2018
126
18.2
CD-2: Comprehensive Development Zone 2 (Mountain Trails)
The intent of this zone is to accommodate multiple family dwellings.
18.2.1 Permitted Land Uses
Minimum
Lot Size
Minimum
Lot Width
Stacked Townhouses
n/a
n/a
Accessory Building
n/a
n/a
Accessory Uses
n/a
n/a
(a) Home Occupation is a permitted Accessory Use.
18.2.2 Buildings and Structures
Maximum
Number
Maximum
Density
Maximum
Height
Principal Building
5, 12 (a)
46 (b)
10.5 m
Accessory
Building
n/a
n/a
4.6 m
(a)
Not more than five (5) principal buildings shall be erected, constructed, placed or
maintained on any one parcel of land and not more than twelve (12) dwelling units
shall be contained within a principal building.
(b)
Not more than forty-six (46) dwelling units shall be developed on any one parcel of
land.
18.2.3
Building Setbacks
(a)
All buildings shall be sited in accordance with the Site Plan that is attached to this
zoning district.
18.2.4
Off-Street Parking
(a)
Off-Street Parking spaces shall be provided in accordance with the requirements of
this Bylaw.
18.2.5
Maximum Lot Coverage
(a)
The lot coverage must not exceed 20% of the area of the lot.
Village of Pemberton Zoning Bylaw 832, 2018
127
18.3
CD-3: Comprehensive Development Zone 3 (Cottonwood Court)
The intent of this zone is to accommodate a townhouse development on a specific piece of
property.
18.3.1 Permitted Land Uses
Minimum
Lot Size
Minimum
Lot Width
Townhouses
n/a
n/a
Accessory Uses
n/a
n/a
(a) Home Occupation is a permitted Accessory Use.
18.3.2 Buildings and Structures
Maximum
Number
Maximum
Density
Maximum
Height
Principal Building
10 (a)
38 units (b)
10.5 m
Accessory
Building/Structures
n/a
n/a
18.5m
(a)
Not more than four (4) dwelling units shall be contained within a principal building,
except for the principal building that was constructed prior to 1994.
(b)
Not more than thirty-eight (38) dwelling units shall be developed on any one parcel of
land.
18.3.3 Building Setbacks
(a)
All buildings shall be sited in accordance with the Site Plan that is attached to this
zoning district.
18.3.4 Off-Street Parking
(a)
Off-street parking spaces shall be provided in accordance with the requirements of
this Bylaw.
18.3.5 Maximum Lot Coverage
(a)
The lot coverage must not exceed 30% of the area of the lot.
Village of Pemberton Zoning Bylaw 832, 2018
128
18.4
CD-4: Comprehensive Development Zone 4 (Pioneer Junction)
The intent of this zone is to accommodate a variety of townhouse type units on a specific
piece of property.
18.4.1 Permitted Land Uses
Minimum
Lot Size
Minimum
Lot Width
Townhouse
n/a
n/a
Stacked
Townhouse
n/a
n/a
Accessory Uses
n/a
n/a
(a) Home Occupation is a permitted Accessory Use.
18.4.2 Buildings and Structures
Maximum
Number
Maximum
Density
Maximum
Height
Principal Building
17, 4 (a)
80 (b)
10.5 m
Accessory
Building/Structures
n/a
n/a
4.6 m
(a)
Not more than seventeen (17) principal buildings shall be constructed within this
zone, and not more than four (4) dwelling units shall be contained within a principal
building, except for a maximum of three (3) principal buildings in which case the
maximum number of dwelling units within a principal building shall not exceed
twelve (12).
(b)
Not more than eighty (80) dwelling units shall be constructed within this zone.
18.4.3 Building Setbacks
(a)
All buildings shall be sited generally in accordance with the Site Plan that is attached
to this zoning district and the setback requirements of the Residential Multi-Family
(RM-1) zone as specified in this Bylaw.
18.4.4 Off Street Parking
(a)
Off-street parking shall be provided in accordance with the requirements of this
Bylaw.
Village of Pemberton Zoning Bylaw 832, 2018
129
18.4.5 Maximum Lot Coverage
(a)
The lot coverage must not exceed 20.7% of the area of the lot.
Village of Pemberton Zoning Bylaw 832, 2018
130
18.5
CD-5: Comprehensive Development Zone 5 (Tiyata at Pemberton) (Amendment Bylaw No.
960, 2024/Adopted May 28, 2024)
The intent of the CD-5 Zone is to recognize a comprehensively planned area called Tiyata at
Pemberton which includes compact housing, a public school, a limited amount of commercial
and office floor space, active and passive park land and a trail network. Covenants have been
registered on the lands to further guide the development of the area.
The regulations in the tables in this section apply to land in the Comprehensive Development
5 (Tiyata at Pemberton) Zone, as indicated by the column headings. For purposes of
regulation, the area within the boundary of the CD-5 Zone is divided into five (5) separate
areas labelled as Area 1 through Area 5 inclusive while the location of each separate area is
identified below. Each area boundary within the CD-5 Zone shall be considered a zone
boundary for the purposes of this Bylaw and separate regulations shall apply to each area as
contained in this section.
Village of Pemberton Zoning Bylaw 832, 2018
131
18.5.1 Permitted Uses of Land, Buildings and Structures
(a) The following uses, buildings and structures and no others shall be
permitted within the CD-5 (Tiyata at Pemberton) Zone:
Area
1
Area
2
Area
3
Area
4
Area
5
i.
Principal Uses of Land,
Buildings and Structures
h) Detached Dwelling
-
-
i) Duplex
-
-
j) Apartment (subject to Conditions of Use)
-
k) Business and Professional Office
-
l) Personal Service Establishment
-
m) Park
-
-
-
-
-
n) Assembly
-
-
-
o) School
-
ii.
Accessory Uses of Land,
Buildings and Structures
Uses accessory to Principal Uses
-
-
-
-
-
Home Occupation
-
-
-
Child Care Centre
-
Secondary Suite
-
-
Village of Pemberton Zoning Bylaw 832, 2018
132
18.5.2 Density of Permitted Uses, Buildings and Structures
(a) All uses, buildings and structures in the CD-5 (Tiyata at Pemberton) Zone shall comply with
the following regulations regarding size, siting, density and lot size.
Area
1
Area
2
Area
3
Area
4
Area
5
i.
Maximum Lot
Coverage
a) Detached Dwelling
50%
50%
b) Duplex
50%
50%
c)
Apartment
50%
d) Commercial
50%
e) Assembly
50%
f)
School
50%
i.
Maximum Floor Area
Ratio (FAR)
a)
Detached Dwelling
GFA of 238
m2 or FAR
of 0.5
whichever
is less
GFA of
238 m2 or
FAR of 0.5
whichever
is less
b)
Duplex
GFA of 280
m2 or FAR
of 0.5
whichever
is less
GFA of
280 m2 or
FAR of 0.5
whichever
is less
c)
Apartment
d)
Commercial
1.5
e)
Assembly
1.5
f)
School
i.
Maximum Unit
Size (m2)
g)
Detached Dwelling
GFA of 275
m2 or FAR
of 0.5
whichever
is less
GFA of
275m2 or
FAR of 0.5
whichever
is less
h)
Duplex
i)
(Total both units)
GFA of 325
m2 or FAR
of 0.5
whichever
is less
GFA of
375 m2 or
FAR of 0.5
whichever
is less
j)
Apartment
95
Village of Pemberton Zoning Bylaw 832, 2018
133
Area
1
Area
2
Area
3
Area
4
Area
5
k) Maximum Number of
Dwelling Units
12
128
24
l)
Maximum Amount of
Commercial Floor Area
2,230 m2
m) Maximum Building Height
(meters / storeys)
Detached Dwelling
9 m
9 m
Duplex
9 m
9 m
Apartment
17 m / 4
storeys
Commercial, See 18.5.3. (b) ii.
17 m / 4
storeys
Assembly
17 m / 4
storeys
School
3 storeys
Minimum Building Setbacks (m)
Front
6
6
6
5
Rear
7.5
7.5
7.5
3
Side, See 18.5.2. (b) v. & vi. for residential
use
3.0
1.6
1.6
3
Minimum Lot Size (m2)
Detached Dwelling
350
350
Corner Lot
375
375
Duplex
465
465
School
40,994
Maximum Lot Size (m2)
Detached Dwelling
465
465
Duplex
558
558
Accessory Buildings
Maximum Floor Area
10 m2
10 m2
10 m2
Maximum Height
2.7 m
2.7 m
2.7 m
Minimum Front Yard Setbacks
6 m
6 m
6 m
Minimum Rear Yard Setbacks
1.5 m
1.5 m
1.5 m
Minimum Side Yard Setbacks
1.5 m
1.5 m
1.5 m
Minimum Exterior Side Yard
3.0 m
3.0 m
Setback
Village of Pemberton Zoning Bylaw 832, 2018
134
(b) Conditions of use: All residential uses, buildings and structures in the CD-5 (Tiyata at
Pemberton) Zone must comply with the following additional Conditions of Use:
i.
An apartment use shall be located above a ground storey commercial or assembly
use and shall comply with the regulations contained within this Bylaw.
ii.
For the purpose of this section, a commercial use includes a building that is occupied
with a business and professional office or personal service establishment and may
contain residential uses above the ground storey subject to the provisions of this Zone.
iii.
any portion of the garage for a detached dwelling that exceeds thirty-seven (37)
square meters shall be included in the calculation of floor area, in addition to the
maximum area permitted for accessory buildings.
iv.
any portion of the garage for a duplex residential dwelling that exceeds forty-five (45)
square meters shall be included in the calculation of floor area, in addition to the
maximum area permitted for accessory buildings.
v.
The side yard setback of a detached dwelling may be reduced to 1.2 m whereby a
certified professional confirms that snow will not shed from the roof of the dwelling
onto adjacent properties.
vi.
The side yard setback of the garage may be reduced to 0.6 m whereby a certified
professional confirms that snow will not shed from the garage roof onto adjacent
properties.
18.5.3 Off-Street Parking and Loading
(a) Off-street parking and loading shall be provided in accordance with the requirements of this
Bylaw.
(b) Notwithstanding Section 18.5.4(a) the off-street parking requirements for the following uses
shall be as follows:
i.
Apartment: 1 space per unit plus an additional 0.25 space per unit for Visitor Parking
ii.
Commercial Use: One (1) space per 37 square meters of gross floor area
iii.
Business and Professional Office Use: One (1) space per 37 square meters of
gross floor area
iv.
School Use: Refer to Section 8.6 Civic, Institution and Recreation Parking
Requirements.
(c) Notwithstanding Section 18.5.4(a) the off-street parking requirements for Residential Land
Uses shall be one (1) parking space per Dwelling Unit
18.5.4 Definitions
(a) For the purpose of the CD-5 zone, the following definitions shall apply:
i.
Apartment shall mean three or more individual dwelling units on a lot where each
dwelling unit has its principal access from an entrance or hallway common to at least
two other dwelling units on the same storey.
ii.
School Use shall include before and after school care.
Village of Pemberton Zoning Bylaw 832, 2018
135
18.6
CD-6: Comprehensive Development Zone 6 (SSCS Harrow Rd Affordable Housing)
(Amendment Bylaw No. 936, 2022/ Adopted October 17, 2023)
The intent of this zone is to accommodate mixed use development anchored by non-profit community
services and affordable housing and accessory market housing, office, and commercial uses or tourism
commercial uses.
18.6.1. Permitted Principal Uses
(a) Community Services, Non-profit
(b) Uses Permitted in the Tourism Commercial (C-2) Zone
18.6.2. Permitted Accessory Uses
(a) Home Occupation
(b) Convenience Store
(c) Office, Business
(d) Personal Service
(e) Restaurant
(f) Café
(g) Retail, Recreation and Leisure
18.6.3 Conditions of Use
(a) In the CD-6 zone, Community Services, Non-Profit and Uses permitted in the Tourism
Commercial (C-2) zone are listed as Permitted Principal Uses. Within all lands zoned CD-6,
the principal use may be either Community Services, Non-profit or Uses Permitted in the
Tourism Commercial (C-2) zone, but not both.
(b) In the CD-6 zone, Community Services, Non-Profit uses are permitted only in mixed-use
buildings.
(c) In the CD-6 zone, all residential dwellings in the Community Services, Non-Profit use shall:
i.
Not be located on the first floor of a mixed-use building;
ii.
be restricted to rental dwellings only; and
iii.
be subject to a housing agreement.
(d) In the CD-6 zone, not greater than 20% of the retail, commercial, and business and
professional office area under the Community Services, Non-Profit use may be
occupied by a for-profit enterprise, and are accessory to the Community Services,
Non-Profit use.
18.6.4 Density Regulations
Village of Pemberton Zoning Bylaw 832, 2018
136
a)
Maximum Density:
1.5 FAR
18.6.5. Lot Regulations
a)
Minimum Lot Size:
900 m2
18.6.6 Siting Regulations
a) Maximum Lot Coverage:
50%
b) Minimum Front Setback:
7.5 m
c) Minimum Rear Setback:
3 m
d) Minimum Interior Side Setback:
3 m
e) Minimum Exterior Side Setback:
4.5 m
18.6.7. Maximum Height of Buildings
(a) The maximum building height of the Principal Building and Accessory Buildings shall not
exceed the heights in the following table:
Principal
Building
Height
Accessory
Building
Height
Height
10.5m
4.6m
(b) Notwithstanding section 18.6.5(a), the maximum height of a principal building may be
increased from 10.5m to 19m for Community Services, Non-profit principal buildings if the
owner enters into a Housing Agreement with the Village of Pemberton to provide affordable
housing. The Housing Agreement must be approved and registered pursuant to section
483 of the Local Government Act.
18.6.8. Off-Street Parking and Loading
(a) Off-street parking and loading shall be provided in accordance with the requirements of Part
8 of the Village of Pemberton Zoning Bylaw No. 832, 2018 this Bylaw.
(b) Notwithstanding the parking requirements in Part 8 of the Zoning Bylaw the off-street
parking requirements for the Community Services, Non-Profit use in the CD-6 zone shall
provided as follows:
STALL TYPE
REQUIRED
Standard
Parking Stalls
.75 Stalls per 1Bed Affordable Market Rental Dwelling Unit
1.4 Stalls per 2Bed Affordable Market Rental Dwelling Unit
1.75 Stalls per 3Bed Affordable Market Rental Dwelling
Unit
Village of Pemberton Zoning Bylaw 832, 2018
137
.5 Stalls per 1Bed Rent Gear to Income Dwelling Unit
1.1 Stalls per 2Bed Rent Gear to Income Dwelling Unit
1.2 Stalls per 3Bed Rent Gear to Income Dwelling Unit
0 Stalls per 1Bed Deep Subsidy/Shelter DU X 16 Dwelling
Unit
0 Stalls per 2Bed Deep Subsidy/Shelter DU X 16 Dwelling
Unit
0 Stalls per 3Bed Deep Subsidy/Shelter DU X 16 Dwelling
Unit
Visitor
Parking Stalls
0.06 STALLS PER DWELLING UNIT
Neighbourhood
Commercial
Use
Parking Stalls
0.027 STALLS PER 1M2 X 714 M2 OF
NEIGHBOURHOOD COMMERCIAL SPACE
0.0357 STALLS PER 1M2 X 129 M2 OF MARKET
COMMERCIAL RETAIL
Disability
Parking Stalls
MINIMUM 3 PER BUILDING
(c) In the CD-6 Zone, the following definitions apply to parking requirement calculations for
dwelling unit and tenure types established in a Housing Agreement as follows:
i.
Affordable Market Dwelling Unit means rental dwelling units provided for moderate
income households and secured by a Housing Agreement.
ii.
Rent Geared to Income Dwelling Unit means a rental dwelling unit intended to limit
rents to 30% of gross household income and secured by a Housing Agreement.
iii.
Deep Subsidy Dwelling Unit means a rental dwelling unit targeted to residents on
income assistance and secured by a Housing Agreement.
Village of Pemberton Zoning Bylaw 832, 2018
138
18.7
Comprehensive Development Zone 7 (CD-7) (Prospect Apartments) (Amendment
Bylaw No. 948, 2023/Adopted April 9, 2024)
The intent of this zone is to accommodate mixed use development in the Pemberton downtown with
the development of apartments and compact commercial spaces, suitable for local businesses, with a
small walking radius of downtown amenities and services.
18.7.1 Permitted Principal Uses
(a) Uses Permitted in the Commercial, Town Center (C-1) Zone
18.7.2 Permitted Accessory Uses
(a) Accessory Retail
(b) Accessory Residential Dwelling
(c) Home Occupation
18.7.3 Density Regulations
a) Maximum Density:
2.5 FAR
18.7.4 Lot Regulations
a)
Minimum Lot Size:
220 m2
18.7.5 Building Regulations
a) Maximum Lot Coverage:
100%
b) Minimum Front Setback:
0 m
c) Minimum Rear Setback:
4.5 m
d) Minimum Interior Side Setback:
0 m
e) Minimum Exterior Side Setback:
0 m
f) Principal Building Height
18 m
g) Accessory Building Height
4.6 m
18.7.6 Off-Street Parking and Loading
(a) Off-street parking and loading shall be provided in accordance with the requirements of Part
8 of the Village of Pemberton Zoning Bylaw No. 832, 2018 this Bylaw
(b) Notwithstanding the above, alternative off-street parking stall dimensions are permitted as
per below:
Village of Pemberton Zoning Bylaw 832, 2018
139
Stall Type
Width of Stall
(Feet)
Min Length of
Stall (Feet)
Min Aisle
width (Feet)
Access Aisle
(Accessible Only)
(Feet)
Regular
9'
20'
22'
-
Small Car
9'
14' - 10"
-
Accessible
13' 4" (including
access aisle)
20'
4' - 11" (1500mm)
(c) Notwithstanding the parking requirements in Part 8 of the Zoning Bylaw the off-street
parking requirements for the Residential use in the CD-7 zone shall provided as follows:
Stall type
Required
Standard
Parking Stalls
1 stall per studio dwelling unit
1 stall per 1 bed dwelling unit
1.5 stalls per 2 bed dwelling unit
2 stalls per 3 bed dwelling unit
1 electric vehicle stall for every 10 stalls required
Visitor
Parking Stalls
6 stalls per building
Neighbourhood
Commercial
Use
Parking Stalls
6 stalls off street (shared with visitor parking)
Disability
Parking Stalls
3 stalls per building
Bicycle
Parking
Minimum 2 class a per dwelling unit
Village of Pemberton Zoning Bylaw 832, 2018
140
18.8
Comprehensive Development Zone 9 (CD-9) (Parkside 7362 Pemberton Farm Road
East) (Amendment Bylaw No. 975, 2024/ Adopted December 10, 2024)
The Parkside comprehensive development zone accommodates mixed use development
with diverse housing types, density, and neighbourhood commercial uses that supports a
node centered around Den Duyf Park.
The regulations in the tables in this section apply to land in CD-9 (Parkside) zone as
indicated by the column headings. For the purposes of regulation, the area within the
boundary of the CD-9 Zone is divided into four (4) separate areas identified below. Each
area boundary within the CD-9 Zone shall be considered a zone boundary for the purposes
of this Bylaw and separate regulations shall apply to each area as contained in this section
of the Bylaw.
18.8.1
Definitions
Co-housing means buildings on typical neighbourhood lots that are designed with
independent micro-suites together with large common areas for communal kitchen,
living room, lounge/games area and shared laundry facilities. The suites have their own
private bathroom/shower, and kitchen cabinets with under counter fridge for personal
refrigeration.
Dwelling Unit, Lock-Off Suite means a separate, self-contained dwelling unit within a
duplex or a townhouse unit which can be separated from the principal unit by an
exterior or interior door.
Garden Suite means a detached accessory dwelling unit within the side or rear yard
of a lot.
Village of Pemberton Zoning Bylaw 832, 2018
141
Houseplex means multi-unit buildings with up to four (4) dwelling units designed to
look like a large house and be compatible in form and massing with the residential
neighbourhood.
Landscaped Buffer means an open space at ground level used for cultivating and
maintaining grass, flowers or other growth and landscaping, not for vehicle traffic or
parking.
Local Commercial means the use of land and buildings for local commercial uses such
as convenience stores, coffee shops, cafes, child care centre, and other uses intended
to intended to serve the day to day needs of residents of the neighbourhood.
18.8.2
Permitted Uses, Land, Buildings, and Structures
a) The following uses, buildings, and structures shall be permitted within the CD-9 (Parkside)
Zone:
Area 1
Area 2
i. Permitted Principal Land Uses
a. Local Commercial Uses
Yes
b. Mixed Use Building
Yes
c. Co-housing
Yes
d. Detached Dwelling
Yes
e. Duplex
Yes
f. Houseplex
Yes
ii. Permitted Accessory Uses
a. Carriage House
Yes
b. Garden Suite
Yes
c. Lock-Off Suite
Yes
Yes
d. Secondary Suite
Yes
e. Home Occupation
Yes
Yes
iii. Lot Regulations
a. Minimum Lot Size
1700 m²
390 m²
iv. Density Regulations
a. Maximum Dwelling Units per Lot
i. Lots under 280 m²
N/A
3
ii. Lots over 280 m²
N/A
4
v. Building Regulations
a. Principal Building Width
N/A
6m
b. Minimum Front Setback
4.5m
6m
c. Minimum Rear Setback
4.5m
4.5m
d. Minimum Interior Side Setback
3m
1.2m or Nil
e. Minimum Exterior Side Setback
4.5m
2.7m
f. Maximum Lot Coverage
50%
N/A
i. Lots with one (1) dwelling unit
N/A
40%
ii. Lots with two (2) or more dwelling
units
N/A
50%
Village of Pemberton Zoning Bylaw 832, 2018
142
g. Maximum Building Height, Principal
Three (3)
Storeys
Three (3)
Storeys
h. Maximum Building Height, Accessory
4.6m
18.8.3
Conditions of Use
Density Benefits for Amenities
Pursuant to Section 482 of the Local Government Act, lots in Area 2 may be
subdivided to create lots less than 390m², when the following criteria are met:
1. A duplex, triplex, or houseplex have been constructed and the subsequent bare land
strata subdivision is subject to a registered party wall agreement, and
2. When an amenity contribution in the amount of $5,000, paid to the Village of
Pemberton.
Building Height
- The maximum building height may be increased to four (4) storeys when a mixed-use
building, containing at least two (2) storeys of rental housing units, and secured with a
Housing Agreement.
Landscaped Buffer
- All lots that abut Den Duyf Park must provide a Landscape Buffer of at least 3m width that
provides an attractive transition from residences to park space.
Local Commercial
- is limited to a maximum floor area of 500 square metres on a lot. Local Commercial may
exceed 500 square metres up to a maximum of 1000 square metres when at least two (2)
storeys of rental housing units are provided in a mixed-use building.
Side Setbacks
- The side setback may be reduced to 1.2m whereby a certified professional confirms that
snow will not shed from the roof of the building(s) onto the abutting property.
- The total of two side setbacks shall not be less than 3m with at least one of the interior side
setbacks not being less than 1.2m.
Off-Street Parking and Loading
Off-street parking and loading shall be provided in accordance with the requirements of this
Bylaw, with specific requirements for CD-9 Zone as follows:
Co-housing: 1 parking space per micro-suite
Houseplex - 1 parking space per dwelling unit when more than 2 dwelling units are
provided.
Mixed Use Building - 1 parking space per dwelling unit and 1 parking space for every
100 square metres of commercial floor area.
Village of Pemberton Zoning Bylaw 832, 2018
143
PART 19: Repeal
The Village of Pemberton Zoning Bylaw, 466, 2001, and all its amendments, and all previous
zoning Bylaws are hereby repealed upon adoption of this Bylaw.
READ A FIRST TIME THIS 12th day of June, 2018.
READ A SECOND THIS 12th day of June, 2018.
NOTICE OF PUBLIC HEARING for Village of Pemberton Zoning Bylaw No. 832, 2018
PUBLISHED IN THE PIQUE NEWSMAGAZINE on this 14th day of June, 2018 and on this 21st
day of June, 2018.
PUBLIC HEARING HELD THIS 26th day of June, 2018.
READ A THIRD TIME AS AMENDED THIS 10th day of July, 2018.
APPROVED BY THE MINISTER OF TRANSPORTATION PURSUANT TO SECTION 52 of
the Transportation Act this 20th day of July, 2018.
ADOPTED THIS 24th day of July, 2018.
________________________
_____________________________
Mike Richman
Sheena Fraser
Mayor
Corporate Officer