Zoning Bylaw No. 2024-22 (Consolidated Package July 2026)

Penticton, British Columbia · adopted 2024-06-18

This is the exact embedded text of the captured official document. Snapshot aaefa7c12825 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

This is a consolidated bylaw prepared by the Corporation of the City of Penticton for convenience only. The city does not warrant that the information contained in this consolidation is current. It is the responsibility of the person using this consolidation to ensure that it accurately reflects current bylaw provisions. The Corporation of the City of Penticton Zoning Bylaw No. 2024-22 Consolidated for convenience only Amended by: On: 2024-05 July 16, 2024 2025-32 December 16, 2025 2024-25 July 16, 2024 2025-34 February 3, 2026 2024-26 August 6, 2024 2026-06 February 3, 2026 2024-27 August 6, 2024 2026-09 February 17, 2026 2024-31 October 1, 2024 2026-08 March 17, 2026 2024-32 October 1, 2024 2026-16 March 17, 2026 2024-34 October 1, 2024 2026-04 April 7, 2026 2024-35 October 15, 2024 2026-22 June 23, 2026 2024-37 November 19, 2024 2026-21 July 14, 2026 2024-38 December 17, 2024 2024-44 January 14, 2025 2023-14 January 28, 2025 2025-04 April 22, 2025 2025-05 April 22, 2025 2025-07 May 13, 2025 2025-08 2025-09 May 27, 2025 June 24, 2025 2025-18 July 15, 2025 2025-23 September 16, 2025 2025-24 September 16, 2025 2025-27 October 7, 2025 2025-33 October 21, 2025 Zoning Bylaw No. 2024-22 Page 1 of 2 The Corporation of the City of Penticton Bylaw No. 2024-22 A Bylaw to establish zones and regulate within the zones WHEREAS Section 479 of the Local Government Act provides that a local government may adopt a Zoning Bylaw; AND WHEREAS the Municipal Council is desirous of replacing the City of Penticton Zoning Bylaw No. 2023-08; AND WHEREAS this bylaw has been considered in conjunction with The City of Penticton Official Community Plan Bylaw No. 2019-08; NOW THEREFORE the Municipal Council of The Corporation of the City of Penticton in open meeting assembled hereby ENACTS as follows: 1. Title This Bylaw may be cited for all purposes as "Zoning Bylaw No. 2024-22". 2. Application The following schedules attached hereto are hereby made part of this bylaw and adopted as the Zoning Bylaw for the City of Penticton: .1 Schedule A (Zoning Bylaw Text) .2 Schedule B (Zoning Bylaw Map) .3 Schedule C (Penticton Plaza Transit-Oriented Area Map) .4 Schedule D (Peachtree Square Transit-Oriented Area Map) .5 Schedule E (Cherry Lane Mall Transit-Oriented Area Map) 3. Consultation This bylaw has been referred to the Ministry of Transportation prior to adoption. 4. Repeal City of Penticton "Zoning Bylaw No. 2023-08" and the amendments thereto are hereby repealed upon the adoption of this Bylaw. READ A FIRST time this 21 day of May, 2024 A PUBLIC HEARING was held this 3 day of June, 2024 READ A SECOND time this 4 day of June, 2024 READ A THIRD time this 4 day of June, 2024 RECEIVED the approval of the Ministry of Transportation on the 6 day of June, 2024 ADOPTED this 18 day of June, 2024 Zoning Bylaw No. 2024-22 Page 2 of 2 Notice of intention to proceed with this bylaw was published on the 24th day of May, 2024 and the 31st day of May, 2024 in an online news source and the newspaper, pursuant to Section 94.2 of the Community Charter. "Julius Bloomfield" Julius Bloomfield, Mayor "Angie Collison" Angie Collison, Corporate Officer __________________________________________________________________________________________ Zoning Bylaw No. 2024-22 Page 1 of 3 Schedule A - Zoning Bylaw Text TABLE OF CONTENTS - General Administration ..................................................................................................... 1-1 1.1 Short Title ........................................................................................................................................................... 1-1 1.2 Purpose ............................................................................................................................................................... 1-1 1.3 Severability ......................................................................................................................................................... 1-1 1.4 Compliance with Other Legislation .......................................................................................................... 1-1 1.5 Applying Zoning Regulations ..................................................................................................................... 1-1 1.6 Exclusions ........................................................................................................................................................... 1-2 1.7 Development Applications in Process ..................................................................................................... 1-2 1.8 Enforcement ...................................................................................................................................................... 1-2 1.9 Prohibitions........................................................................................................................................................ 1-2 1.10 Penalties .............................................................................................................................................................. 1-3 - Interpretation ..................................................................................................................... 2-1 2.1 Interpretation of Words and Terms .......................................................................................................... 2-1 2.2 Illustrations ........................................................................................................................................................ 2-1 2.3 References to Legislation ............................................................................................................................. 2-1 2.4 Zone Boundaries .............................................................................................................................................. 2-1 2.5 Street Closings .................................................................................................................................................. 2-2 2.6 Schedules ........................................................................................................................................................... 2-2 2.7 Lots Containing More than One Zone .................................................................................................... 2-2 - Definitions .......................................................................................................................... 3-1 3.1 Undefined Uses ................................................................................................................................................ 3-1 3.2 Definitions .......................................................................................................................................................... 3-1 - General Development Regulations .................................................................................. 4-1 4.1 Applicability of General Development Regulations ........................................................................... 4-1 4.2 Accessory Buildings, Structures, Garages and Carports ................................................................... 4-1 4.3 Corner Visibility Triangle............................................................................................................................... 4-2 4.4 Height and Grade ............................................................................................................................................ 4-2 4.5 Airport Regulations ......................................................................................................................................... 4-3 4.6 Highway Setbacks and Future Road Right-of-Way ............................................................................ 4-3 4.7 Swimming Pools and Hot Tubs .................................................................................................................. 4-3 4.8 Temporary Uses and Buildings ................................................................................................................... 4-4 4.9 Yards and Projections .................................................................................................................................... 4-5 4.10 Refuse and Recycling Bins ........................................................................................................................... 4-6 4.11 Drive-through Facilities ................................................................................................................................. 4-7 4.12 Uses Permitted in All Zones ........................................................................................................................ 4-7 4.13 Agricultural Land Reserve ............................................................................................................................ 4-7 4.14 Streamside Protection ................................................................................................................................... 4-7 4.15 Energy Efficient Buildings ............................................................................................................................. 4-8 4.16 Transit-Oriented Areas .................................................................................................................................. 4-8 - Landscaping and Screening .............................................................................................. 5-9 5.1 General Landscaping Requirements ........................................................................................................ 5-9 __________________________________________________________________________________________ Zoning Bylaw No. 2024-22 Page 2 of 3 5.2 Landscape Buffers Separating Uses.......................................................................................................... 5-9 5.3 Tree Requirement and Protection ........................................................................................................... 5-10 5.4 Fences and Retaining Walls ....................................................................................................................... 5-10 - Parking and Loading ......................................................................................................... 6-1 6.1 Off-Street Vehicle Parking ........................................................................................................................... 6-1 6.2 Off-Street Loading Spaces ........................................................................................................................... 6-5 6.3 Development Standards for Parking and Loading Areas ................................................................. 6-6 6.4 Off-Street Bicycle Parking ............................................................................................................................ 6-6 6.5 Parking Requirements ................................................................................................................................... 6-9 6.6 Electric Vehicle (EV) Ready Charging Requirements ........................................................................ 6-11 6.7 Accessible Parking Requirements ........................................................................................................... 6-12 - Specific Use Regulations ................................................................................................... 7-1 7.1 Applicability of Specific Use Regulations ............................................................................................... 7-1 7.2 Bed and Breakfast Home .............................................................................................................................. 7-1 7.3 Minor Home Occupation .............................................................................................................................. 7-1 7.4 Major Home Occupation .............................................................................................................................. 7-2 7.5 Rural Home Occupation ............................................................................................................................... 7-2 7.6 Short Term Rentals ......................................................................................................................................... 7-3 7.7 Urban Hens ........................................................................................................................................................ 7-3 7.8 Live Work Units ................................................................................................................................................ 7-4 - Accessory Suites Regulations............................................................................................ 8-1 8.1 Secondary Suite ............................................................................................................................................... 8-1 8.2 Carriage Houses ............................................................................................................................................... 8-1 8.3 Duplex Suite ...................................................................................................................................................... 8-3 8.4 Flex Units ............................................................................................................................................................ 8-3 8.5 Security Operator Dwelling Units .............................................................................................................. 8-4 - Rural Zones ......................................................................................................................... 9-1 9.1 FG - Forestry and Grazing ............................................................................................................................ 9-1 9.2 A - Agriculture .................................................................................................................................................. 9-3 9.3 RC - Country Residential Housing ............................................................................................................ 9-8 - Urban Residential Zones ............................................................................................... 10-1 10.1 R4-L - Small-Scale Multi-Unit Residential: Large Lot ...................................................................... 10-1 10.2 R4-S - Small-Scale Multi-Unit Residential: Small Lot ...................................................................... 10-4 10.3 RM1 - Bareland Strata Housing ............................................................................................................... 10-6 10.4 RM2 - Low Density Multiple Housing ................................................................................................... 10-8 10.5 RM3 - Medium Density Multiple Housing ....................................................................................... 10-11 10.6 RM4 - High Density Multiple Housing ............................................................................................... 10-13 10.7 RM5 - Urban Residential ......................................................................................................................... 10-15 10.8 RSM - Manufactured Home Park Housing ....................................................................................... 10-17 - Commercial Zones ......................................................................................................... 11-1 11.1 C1 -Commercial Transition ........................................................................................................................ 11-1 11.2 C2 - Neighbourhood Commercial .......................................................................................................... 11-3 __________________________________________________________________________________________ Zoning Bylaw No. 2024-22 Page 3 of 3 11.3 C3 - Mixed Use Commercial ..................................................................................................................... 11-4 11.4 C4 -General Commercial ............................................................................................................................ 11-6 11.5 C5 - Urban Centre Commercial ............................................................................................................... 11-9 11.6 C6 - Urban Peripheral Commercial ..................................................................................................... 11-12 11.7 C7 - Service Commercial ......................................................................................................................... 11-14 11.8 C8 - Vehicle Service Station ................................................................................................................... 11-17 11.9 C9 - Marina Way Commercial ................................................................................................................ 11-18 11.10 CT1 - Tourist Commercial ....................................................................................................................... 11-20 11.11 CT2 - Campground Commercial .......................................................................................................... 11-23 11.12 CT3 - Hotel Resort ..................................................................................................................................... 11-24 - Industrial Zones ............................................................................................................. 12-1 12.1 M1 -General Industrial ................................................................................................................................ 12-1 12.2 M2 - Heavy Industrial .................................................................................................................................. 12-4 12.3 M3 -Wrecking Yard ...................................................................................................................................... 12-6 - Public Assembly and Recreation Zones....................................................................... 13-1 13.1 P1 -Public Assembly..................................................................................................................................... 13-1 13.2 P2 - Parks and Recreation .......................................................................................................................... 13-3 13.3 P3- Major Utilities ......................................................................................................................................... 13-4 13.4 P4- Environmental Reserve ....................................................................................................................... 13-5 - Comprehensive Development ...................................................................................... 14-1 14.1 CD1 - Repealed .............................................................................................................................................. 14-1 14.2 CD2 - Comprehensive Development (270 Riverside Drive) .......................................................... 14-2 14.3 CD3 - Comprehensive Development (2784 Skaha Lake Road) ................................................... 14-5 14.4 CD4 - Repealed .............................................................................................................................................. 14-8 14.5 CD5 - Comprehensive Development (3388 Skaha Lake Road) ................................................... 14-9 14.6 CD6 - Comprehensive Development (962 Churchill Avenue) ................................................... 14-11 14.7 CD7 - Comprehensive Development (154 Brunswick Street) .................................................... 14-12 14.8 CD8 - Comprehensive Development (795 Westminster Ave W) ............................................. 14-14 14.9 CD9 - Comprehensive Development (1704 Government Street) (Bylaw No. 2024-05) .. 14-15 14.10 CD10 - Comprehensive Development (955 Timmins Street) (Bylaw No. 2024-37) .......... 14-20 14.11 CD11 - Comprehensive Development (10 Galt Avenue) (Bylaw No. 2025-27)................... 14-23 Schedule A Zoning Bylaw No. 2024-22 Chapter 1 - General Administration Page 1-1 - General Administration 1.1 Short Title This Bylaw may be cited as the Zoning Bylaw. 1.2 Purpose The purpose of this Bylaw is to provide a clear and efficient system of land use regulation for the orderly, economic, beneficial, equitable and environmentally sensitive use, development, and redevelopment of the City of Penticton having regard for the provisions of the City of Penticton's Official Community Plan. 1.3 Severability A declaration by a court of competent jurisdiction that a chapter, clause or provision of this Bylaw, including anything shown on Schedules to the Bylaw is invalid, shall not affect the validity of the Bylaw or any part of the Bylaw other than the chapter, clause or provision, or part of the Schedule declared to be invalid. 1.4 Compliance with Other Legislation 1.4.1 Other Municipal Bylaws, Provincial and Federal Statutes and Regulations In addition to this Bylaw, a person is responsible for ascertaining and complying with the requirements of all other applicable municipal bylaws, or Provincial or Federal statutes and regulations. 1.4.2 Official Community Plan and Development Permits The provisions of the development permit system included within the Official Community Plan apply in addition to the regulations in this Bylaw. 1.5 Applying Zoning Regulations 1.5.1 Administrators of Zoning Bylaw The General Manager of Development Services, Building Officials, Bylaw Enforcement Officers, and Planning Department staff shall administer this Bylaw. 1.5.2 Areas Subject to the Bylaw, Existing Uses and Variance Orders Except for legal non-conforming uses or developments approved by a Development Variance Permit or a Board of Variance order, or another agreement or permit as authorized by the Local Government Act, or other provincial legislation and subject to Section 528 of the Local Government Act, the use, buildings and structures in each zone Schedule A Zoning Bylaw No. 2024-22 Chapter 1 - General Administration Page 1-2 or area shall be in accordance with the uses listed in the zone and in accordance with all the appropriate regulations and requirements of this Bylaw. 1.6 Exclusions This Bylaw does not apply to the following: 1.6.1 Mobile vending units, subject to compliance with all City regulations and bylaws, shall be permitted on all City owned land. Mobile vending units are permitted on privately owned land in commercial zones. 1.6.2 A building or structure for a residential sales centre for the sales of units of a building under construction or lots for sale in a subdivision shall be permitted in all zones for as long as it is necessary for the construction and sales in progress to be completed. 1.6.3 The use of non-residential zones for activities such as amusement carnivals, religious gatherings, and music festivals for less than 7 days in any six-month period, provided approval has been issued under the City's Business Licence and Permit requirements. 1.6.4 A temporary building or structure which is incidental to the building, maintenance, or alteration of a building or structure for which a building permit has been issued provided that they are removed within 30 days following final inspection of the building or structure. (Bylaw No. 2025-09) 1.7 Development Applications in Process 1.7.1 A completed application for a building permit, Development Permit or Development Variance Permit that is received prior to the effective date of this Bylaw shall be processed in accordance with the regulations of City of Penticton's Zoning Bylaw No. 2023-08, as amended. Such applications will have one year from the effective date of this Bylaw to be issued and after which time they must comply with this Bylaw. 1.8 Enforcement 1.8.1 The General Manager of Development Services, Building Officials and Bylaw Enforcement Officers and Planning Department staff are authorized to enforce the provisions of this Bylaw. 1.8.2 No person shall interfere with or obstruct the entry of a Bylaw Enforcement Officer or any authorized City representative onto any land or into any building to which entry is made or attempted pursuant to the provisions of this Bylaw. 1.9 Prohibitions 1.9.1 No person shall contravene, cause, suffer, or permit a contravention of this Bylaw. 1.9.2 No person shall commence or undertake a use that is not permitted by this Bylaw. 1.9.3 No person shall construct, make an addition to, or alter a building or structure, which is not permitted by this Bylaw. Schedule A Zoning Bylaw No. 2024-22 Chapter 1 - General Administration Page 1-3 1.9.4 No person shall modify any description, specifications, or plans that were the basis for the issuance of any permit by the General Manager of Development Services or by a Building Inspector. 1.9.5 No person shall authorize or do any construction that is at variance with the description, specifications or plans that were the basis for the issuance of a building permit if such variance contravenes this Bylaw. 1.10 Penalties 1.10.1 Every person who violates a provision of this Bylaw commits an offence and is liable on summary conviction to a penalty not exceeding Ten Thousand Dollars ($10,000.00) and the costs of prosecution. Each day a violation of the provisions of this Bylaw exists or is permitted to exist shall constitute a separate offence. Schedule A Zoning Bylaw No. 2024-22 Chapter 2 - Interpretation Page 2-1 - Interpretation 2.1 Interpretation of Words and Terms 2.1.1 Words used in the present tense include the other tenses and derivative forms; words used in the singular include the plural and vice versa. 2.1.2 The words "shall" and "is" require mandatory compliance except where a variance has been granted pursuant to the Local Government Act. 2.1.3 The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". 2.1.4 Words, phrases, and terms neither defined in Chapter 3 - Definitions of this Bylaw nor in the Local Government Act or other provincial statutes shall be given their usual and customary meaning. 2.1.5 Where a regulation involves two (2) or more conditions, provisions, or events connected by the conjunction: .1 "and" means all the connected items shall apply in combination; .2 "or" indicates that the connected items may apply singly or in combination; and .3 "either-or" indicates the items shall apply singly but not in combination. 2.1.6 Where a term or phrase is shown in bold type, it is subject to interpretation using the definitions contained within Chapter 3 - Definitions of this Bylaw. 2.2 Illustrations 2.2.1 Examples and illustrations are for the purposes of clarification and convenience. Where there is a direct conflict between an illustration and the text of this bylaw, the text shall prevail. 2.3 References to Legislation 2.3.1 Any enactments referred to herein are a reference to an enactment of British Columbia law and regulations thereto, as amended, revised, consolidated or replaced from time to time, and any bylaw referred to herein is a reference to an enactment of the Council of the City of Penticton, as amended, revised, consolidated or replaced from time to time. 2.4 Zone Boundaries The zone boundaries on the Zoning Map shall be interpreted as follows: 2.4.1 Where a zone boundary follows a street, lane, railway, pipeline, power line, utility right- of-way, or easement, it follows the centreline, unless otherwise clearly indicated on the Zoning Map. Schedule A Zoning Bylaw No. 2024-22 Chapter 2 - Interpretation Page 2-2 2.4.2 Where a zone boundary is shown as approximately following the City boundary, it follows the City boundary. 2.4.3 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. 2.4.4 Where a zone boundary is shown as approximately following a property line, it follows the property line. 2.4.5 Where a zone boundary is shown as approximately following a topographic contour line or a top-of-bank line, it follows that line. 2.4.6 Where a zone boundary is shown as being generally parallel to or as an extension of any of the features listed above, it shall be so. 2.5 Street Closings 2.5.1 When any street or lane is closed or the dedication has been removed in accordance with Section 40 of the Community Charter, 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. 2.6 Schedules 2.6.1 The Schedules attached to this Bylaw form part of this Bylaw. 2.7 Lots Containing More than One Zone 2.7.1 Where a lot is divided into more than one zone, each zoned portion of the lot shall be considered as a separate lot for the purpose of determining zone provisions. 2.7.2 For the purpose of determining interior side yard setbacks for each zoned portion of the lot, the zone boundary separating uses on the same legal lot shall be considered to be the interior side yard line for the abutting uses. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-1 - Definitions 3.1 Undefined Uses 3.1.1 The following guidelines shall be applied in interpreting the use definitions: .1 Typical uses listed in the definitions as examples are not intended to be exclusive or restrictive; and .2 Where a specific use does not conform to the wording of any use definition or generally conforms to the wording of two (2) or more definitions, the use is deemed to conform to and is included in that use which is most similar in functional purpose or physical characteristics. 3.2 Definitions A ABUT or ABUTTING means immediately contiguous to, or physically touching, and when used with respect to lots, means two (2) lots that share a common property line. ACCESSORY BUILDING or STRUCTURE means a building or structure, normally ancillary to, incidental, subordinate to and dedicated exclusively to, and located on the same lot as, the principal building or structure. ACCESSORY SUITE means a self-contained dwelling unit located within a dwelling unit or an accessory building. ACCESSORY USE means a use which is normally ancillary to, incidental to subordinate to, dedicated exclusively to and located on the same lot as the permitted use. Parking may be an accessory use when it serves the permitted use. An accessory use is permitted at the same time or after the permitted principal use is established on a parcel. ADJACENT means land that abuts and is contiguous to a lot, and also includes land that would be contiguous if not for a street, lane, walkway, stream, utility lot, underground pipeline, power line, drainage ditch, watercourse, or similar feature. AGRICULTURAL FARM HELP DWELLING means any dwelling unit on an agricultural zoned property that is used to house necessary full-time permanent or seasonal farm workers employed on the same site as the agricultural operation only. This may include but is not limited to single detached dwellings, manufactured homes, or bunkhouses. AGRICULTURAL STRUCTURE means a building or structure used for agriculture or intensive impact agriculture, and may include irrigation works. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-2 AGRICULTURAL USE means the primary production of farm products such as dairy products, poultry products, cattle, hogs, sheep or other animals, wheat or other grains, and vegetables, orchards, vineyards or other field crops, and any other activity designated as farm use by the Agricultural Land Commission Act, and its regulations, and farm operations as defined in the Farm Practices Protection (Right to Farm) Act. This use may include the processing and marketing of on- farm products and those off-farm products permitted by the Agricultural Land Commission (ALC) as well as a winery. AGRI-TOURISM ACCOMMODATION means the provision of short term sleeping accommodations for tourists, on a property classified as farm under the Assessment Act, up to a maximum of 10 sleeping units. Typical uses include but are not limited to farm inns and seasonal farm cabins. AIRPORT means any area designed, prepared, equipped or set aside for the arrival, departure, movement or servicing of aircraft, and includes any associated buildings, installations, open space, and equipment in connection therewith. This includes ancillary services including but not limited to gift shops, car rentals, restaurants and personal service establishment uses. It may include temporary residential uses for emergency personnel. AMENITY SPACE, INDOOR means a common area located within a building, which is developed for the recreational use of the residents. Typical uses include, but are not limited to, children's play area, games room, swimming pool, indoor gym or hobby room. AMENITY SPACE, OUTDOOR means a useable open space area (common or individual) which is developed for the recreational use of the residents of a residential dwelling unit, and may include balconies, patios, decks and level landscaped recreation areas. Amenity space, outdoor does not include parking areas, required access paths or walkways, and xeriscaping. ANIMAL CLINIC means those premises where domestic pets, animals and birds are treated inside a building and kept for medical or surgical purposes and are directly or indirectly under the care of a veterinarian, but does not include an animal shelter. ANIMAL KENNELS AND STABLE means premises used for the buying, selling, breeding or overnight boarding of animals including individual dogs, cats, horses, and other domesticated animals but excluding livestock other than horses. ANIMAL SHELTER means a lot and/or building or part thereof, used for the temporary care of lost, abandoned or neglected animals. APARTMENT means a residential building consisting of three (3) or more dwelling units on a lot, where each dwelling unit has its principal access from a common entrance or hallway. Ground level dwelling units may have the principal access from a common entrance or hallway or may have direct ground level access to the outside. APPROVED GRADE (see GRADE, APPROVED) Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-3 ARTISAN CRAFTS means the production and retail sale of crafts. Typical uses include but are not limited to pottery, wood crafts, metal crafts, textile crafts, glass crafts, custom stone crafts or native crafts; this may also include art, audio visual or a photographic studio. ASSEMBLY means a building wherein people assemble for public, non-profit, fraternal, business, private group or religious purposes. Typical uses include but are not limited to conference and convention facilities, social clubs, non-profit organizations and churches. Uses may include rooms for eating, drinking and general assembly and may hold a Liquor Primary License. AWNING means a retractable or non-retractable covering of non-rigid materials such as canvas or similar fabric projecting from the exterior wall of a building. B BACHELOR DWELLING UNIT means a dwelling unit in which the sleeping and living areas are combined and which is not capable of containing a separate bedroom or bedrooms. BAKERY means any building or structure or part of a building or structure where bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is the principal ingredient, are manufactured for sale and/or consumption on or off premises. BALCONY means an unenclosed platform, attached to and projecting from the face of a building with or without a supporting structure above the first storey, normally surrounded by a railing and used as an outdoor porch or sun-deck with access only from within the building. BARELAND STRATA LOT (see LOT, BARELAND STRATA) BASEMENT means a storey or storeys of a building located below the first storey, that is 1.8 m or greater in height, but shall not include a cellar. BED AND BREAKFAST HOME means the use of a residence in which temporary overnight accommodation and breakfast is provided to tourists. BED AND BREAKFAST INN means the use of a building containing dwelling units within which not more than 10 sleeping units may be rented for the temporary accommodation of the travelling public and where the room rate may include meals served on the premises. BICYCLE PARKING, CLASS 1 means bicycle parking spaces that are provided for residents, students, or employees of a permitted use. It is intended for the long-term secure parking of bicycles and includes bicycle lockers, compounds or rooms specifically provided and equipped for bicycle storage, considerations for electric bicycle charging, and individual garages or carports for each dwelling unit. BICYCLE PARKING, CLASS 2 means bicycle parking spaces that are provided for patrons or visitors of a permitted use. It is intended for the short-term parking of bicycles and includes racks, lockers, or other structurally sound devices designed to secure one (1) or more bicycles in an orderly fashion located at street level or grade. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-4 BOARDER means a non-family member who is a lodger, roomer, or person who pays for and takes regular lodging, with or without meals. BOARDING HOUSE means a building in which the owner or manager supplies accommodation and/or sleeping unit accommodation for remuneration. It may or may not include meal service. It includes lodges for senior citizens but does not include hotels, motels, temporary shelter services, congregate housing, or bed and breakfast homes. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-5 BOULEVARD AREA means the area between the edge of an asphalt street and a property line. Figure 1 - Boulevard Definition BUILDING means a temporary or permanent structure having a roof supported by columns or walls for the shelter or enclosure of persons, animals, materials, chattels and/or equipment. BUILDING AND GARDEN SUPPLY means the retail sale or wholesale of building material, fixtures, or hardware, garden furniture, construction and home improvement equipment or supplies, animal feed, farm supplies, and includes a lumber yard, building supply outlet, home improvement centre, and may include accessory rental of home construction, maintenance or repair equipment. BUILDING ENVELOPE means that area of the lot that may be used for the footprint of a possible building or structure after yard requirements have been accounted for. The building envelope may be further restricted by other regulations such as lot coverage or amenity space requirements. BUILDING FACE OR FACADE means that portion of any exterior elevation of a building exposed to public view extending from the building grade to the soffit or the top of the parapet wall and the entire length of the building elevation. BUILDING FOOTPRINT means the area of a lot that is surrounded by the exterior walls of a building and in the absence of walls the area under the horizontal projection of a roof extending more than 0.6 m from the outside of the exterior wall, deck or balcony over 0.6 m in height. BUILDING FRONTAGE means the measurement of the length of a building wall, which directly faces a street. BUILDING GRADE (see GRADE, BUILDING) BUSINESS means an establishment for carrying on a commercial or industrial undertaking of any kind or nature, or the providing of professional, personal, or other service for gain or profit. This includes a home occupation. BUSINESS SUPPORT SERVICE means a use providing support services to a business. Typical uses include but are not limited to minor equipment for printing, duplicating, binding or photographic Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-6 processing, office maintenance or custodial services, office security, office equipment sales, and rentals, testing laboratories, locksmiths, sign shops and other similar uses. C CALL CENTRE means a building or a portion of a building in which workers provide support services to offsite customers primarily via telephone interactions. Services to customers are not typically available on a walk-in or over-the-counter basis. Call centres are distinct from office uses on the bases of multiple-shift operations. CALIPER means the trunk diameter of a tree measured at a point 300 mm above the top of the root ball. CAMPGROUND means land which has been planned and improved for the seasonal short term use of holiday trailers, motor homes, tents, campers and similar recreational vehicles, for a period not to exceed 240 days in one (1) year, and is not used as year round storage or accommodation for residential use. Typical uses include but are not limited to tourist trailer parks, campsites, and tenting grounds. CANNABIS PRODUCTION FACILITY means a federally licensed facility through the Cannabis Act, as amended from time to time, where cannabis products are grown, processed and packaged. CANNABIS RETAIL STORE means a business selling cannabis products through a storefront with a cannabis retail store license issued from the BC Liquor and Cannabis Regulation Branch. CANOPY means a covering of rigid material or a marquee which projects from the wall of a building. It does not include an awning, projecting roof, roof eaves, or enclosed structure. CANTILEVERED BALCONY means a balcony that protrudes from the face of the building without any visible supports other than the fixing to the face of the building. The weight and imposed loads are supporting by cantilevering the structure off the wall. CARRIAGE HOUSE means an accessory dwelling unit located on a residential lot. A carriage house may be a purpose-built structure, or a renovated garage or accessory building. CARNIVALS means a temporary use providing a variety of shows, games and amusement rides in which the patrons take part, for a period of less than 30 days. CARPORT means a roofed structure with less than 60% of the perimeter enclosed, used by the building occupants to shelter parked vehicles. It can be either free standing or attached to the principal building, but cannot be enclosed on the front. CELLAR means that portion of a building between two (2) or more floor levels that is completely underground. A cellar does not include a walkout basement. CEMETERY means those areas of land that are set aside for the burial of human remains. CITY means the City of Penticton. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-7 CLEARANCE means the unobstructed vertical distance between the building grade or finished floor and the underside of a canopy, awning, ceiling, or structure. CLUSTER HOUSING means a grouping of three or more attached or detached dwelling units on a single parcel. (Bylaw No. 2026-21) COMMERCIAL SCHOOL means a specialty school facility used for training, instruction, and certification in a specific trade, skill, or service for the financial gain of the individual or company owning the school. Typical uses include but are not limited to secretarial, business, hairdressing, automotive and construction trades, dancing, art, martial arts or music schools. COMMUNITY GARDEN means the use of land for cultivating or growing plants. The garden must be operated by a registered organization such as a community association, strata corporation or non-profit group. CONCRETE MIXING PLANT means the processing, manufacturing, recycling, and sales of concrete and/or the accessory manufacturing and sales of products made from concrete. CONGREGATE HOUSING means a residential development in the form of multiple sleeping or dwelling units where residents are provided with common living facilities, meal preparation, laundry services and room cleaning. Congregate housing may also include other services such as personal services, transportation for routine medical appointments and counselling for the residents of the facility. CONSERVATION means a use providing for the preservation of natural resources. CONTRACTOR SERVICES, AGRICULTURAL means development used for the provision of off- site agricultural services, such as vineyard maintenance, farm labour, agricultural earthworks and includes the storage and warehousing of materials and equipment used for agricultural purposes. CONTRACTOR SERVICES, GENERAL means development used for the provision of building and road construction services including landscaping, concrete, electrical, excavation, drilling, heating and plumbing or similar services of a construction nature, which require on-site storage and warehouse space. Any sales, display, office or technical support service areas shall only be permitted as an accessory use. CONTRACTOR SERVICES, LIMITED means development used for the provision of electrical, plumbing, heating, painting and similar contractor services and the accessory sale of goods normally associated with the contractor services where all materials are kept within an enclosed building, and there are no accessory manufacturing activities. CONVENIENCE STORE means the retail sale of those goods required by area residents or employees on a day-to-day basis, from business premises which do not exceed 250 m2 in gross floor area. Typical uses include but are not limited to small food stores selling confectionery, tobacco, groceries, beverages, pharmaceutical and personal care items, printed matter, or the rental of videos. This use does not include the sale of alcoholic beverages. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-8 COOKING EQUIPMENT means equipment, devices or appliances that can be utilized to prepare a meal and includes but is not limited to a gas or electric range or stove, countertop cooking unit, hot plate, wall oven, microwave oven, convection oven, toaster oven, electric frying pan, electric wok, pressure cooker, crock pot, or any other such culinary facility or any combination of such culinary facilities. CO-OPERATIVE VEHICLE means an automobile, van, or pick-up truck, owned and operated by an organization that permits scheduled, temporary use of the vehicle by its members. CORNER LOT (see LOT, CORNER) CORNER VISIBILITY TRIANGLE means the triangular space formed by the street lines of a corner lot and a line drawn from a point in one (1) street line to a point in the other street line, each such point being 4.5 m from the point of intersection of the street lines (measured along the street lines). Figure 2 - Corner Visibility Triangle Definition COUNCIL means the Municipal Council of the City of Penticton. CRAFT BREWERY/DISTILLERY means a building used for production of alcoholic beverages including beer, ale, cider, wine or spirits, with a maximum gross floor area of 1,000 m2. The use must also include a retail and/or restaurant component, of at least 25% of the total gross floor area of the craft brewery/distillery. CRAWL SPACE means the space between the underside of the joists of the floor above and the ground floor slab or ground surface where no slab exists, having a vertical clear height of less than 1.8 metres (5.9 feet). CSA means Canadian Standards Association. CUSTOM INDOOR MANUFACTURING means development used for small-scale on-site indoor production of goods by hand, manufacturing primarily involving the use of hand tools. Typical uses include but are not limited to jewellery, toy and musical instrument manufacturing, specialty food products, gunsmiths, and pottery and sculpture studios. Any sales, display, or office space shall only be permitted as an accessory use. D DAY CARE CENTRE, MAJOR means a premise that is licensed and regulated by the Community Care and Assisted Living Act: Child Care Licensing Regulation, which provides care for more than eight (8) children, for not more than thirteen (13) hours per day. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-9 DAY CARE CENTRE, MINOR means a premise that is licensed and regulated by the Community Care and Assisted Living Act: Child Care Licensing Regulation, which provides care for not more than eight (8) children, for not more than thirteen (13) hours per day. DECK means a structure more than 0.6 m above grade without a roof or walls, except for visual partitions and railings. DENSITY means a measure of the intensity of a building or buildings to the area of the site, including the number of units on a site measured in units/area, or floor area ratio (FAR), as the case may be. (Bylaw No. 2025-09) DOUBLE FRONTING LOT (see LOT, DOUBLE FRONTING) DUPLEX means a building designed exclusively to accommodate two (2) households living independently in separate dwelling units above, below, beside each other or back-to-back to each other. DUPLEX, BACK-TO-BACK means a duplex dwelling that is configured such that one unit faces the front of the lot and the other faces the back of the lot. Both units share a common back wall. DUPLEX, SIDE-BY-SIDE means a duplex dwelling that shares a common side wall. DUPLEX, STACKED means a duplex dwelling that is configured such that one unit is on top of the other. (Bylaw No. 2026-21) DWELLING UNIT means accommodation providing interconnected, free flowing space including bedroom(s), washroom and a kitchen intended for domestic use, and used or intended to be used permanently for a household. A dwelling unit includes only one (1) room containing cooking equipment, and which, due to its design, plumbing, equipment, and furnishings, may be used primarily as a kitchen. A dwelling unit may include a maximum of one (1) wet bar, in addition to one (1) kitchen. E EDUCATION SERVICE means a use that involves public assembly for education, training or instruction purposes, and includes the administration offices and maintenance/storage facilities required for the daily operation of the facility on the same site or within the same school district. Typical uses include but are not limited to public schools; private elementary and secondary schools; community colleges; universities; and technical and vocational schools, and their administrative offices. ELECTRIC VEHICLE ENERGY MANAGEMENT SYSTEM means a system used to control electric vehicle supply equipment loads through the process of connecting, disconnecting, increasing, or Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-10 reducing electric power to the loads and consisting of any of the following: a monitor(s), communications equipment, a controller(s), a timer(s), and other applicable device(s). EMERGENCY SHELTER means a boarding home operated by non-profit society or government agency which provides temporary emergency accommodation, meals and support services for individuals who are in a housing crisis. ENERGIZED OUTLET means a point connected to a source of voltage in an electrical wiring installation at which current is taken and can be connected to supply utilization equipment. An outlet includes a covered termination box, NEMA 14-50R receptacle, or NEMA 6-50R receptacle. Additional termination means may be approved by the General Manager of Development Services. EXTENDED CARE RESIDENCE means a facility providing room, board, and limited medical treatment for the elderly and infirm including accessory staff residences. Typical uses include but are not limited to nursing homes with health care for dependent residents. EXTERIOR SIDE YARD (see YARD, EXTERIOR SIDE) F FARM means an area of land classified as a "farm" under the Assessment Act, and may be comprised of one (1) or several contiguous or non-contiguous lots owned or operated for the principal purpose of a farm business. FARM GARDEN STAND means an accessory building or structure used for retailing agricultural products produced on the farm. FARM RETAIL SALES means on-farm retail sale to the public of products grown or raised on a farm, and may include the sale of non-farm products in a portion of the retail sales area that does not exceed 50% of the total farm retail sales area. FARM RETAIL SALES AREA means the floor area or dedicated outside area on which the farm retail sales are taking place and includes areas used for retail purposes indoors and outdoors. It does not include parking, driveways, office space, washrooms or areas for processing or product storage. FENCE means a structure used as an enclosure or for screening purposes, but excludes retaining walls, gates, pergolas, and trellises. FINANCIAL SERVICE means the provision of financial and investment services by a bank, trust company, investment dealer, credit union, mortgage broker, insurance company or related business. Insurance companies that cater to a specific sector of the commercial or industrial business community and do not offer personal, financial, investment or insurance services to the general public are not included in this definition. FIRST STOREY (see STOREY, FIRST) Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-11 FLANKING STREET (see STREET, FLANKING) FLEX UNIT means a purpose built designated area within a multiple residential dwelling unit that may be used as either a small-scale commercial space, an additional dwelling unit or incorporated into the larger dwelling unit. FLEET SERVICE means a collection of vehicles for the delivery of people, goods or services, where such vehicles are not available for sale or long-term lease. Typical uses include but are not limited to ambulance services, taxi services, bus lines, storage of a fleet of rental vehicles, and messenger and courier services. This does not include moving or cartage firms involving trucks or buses with a gross vehicle weight of more than 3,000 kg. FLOOR AREA, CARRIAGE HOUSE (CHFA) means the total floor area in a carriage house, measured from the outside face of the exterior wall. CHFA does not include decks, balconies and covered patios or garages and other enclosed or open parking areas. FLOOR AREA, GROSS (GFA) means the total floor area of all storeys of all buildings or structures with a clear ceiling height of 1.8 m or more, measured from the outside face of the exterior walls. This does not include balconies, decks or patios. FLOOR AREA, NET (NFA) means the total usable floor area in a building and accessory building, measured from the outside face of the exterior walls. NFA does not include the following sub-areas: .1 Garages, other enclosed or open parking areas .2 balconies, decks and patios .3 Garbage or loading rooms .4 Floor area devoted exclusively to mechanical or electrical equipment .5 Basements .6 Lofts .7 Stairwells and elevator shafts .8 Amenity space, indoor, up to the maximum 20% permitted as required amenity space .9 Common hallways and corridors (Bylaw No. 2026-21) Figure 3 - Floor Area Ratio (FAR) Definition FLOOR AREA RATIO (FAR) means the numerical value of the floor area, net (NFA) divided by the area of the lot. Floor area ratio may be referred to as "FAR" in this Bylaw. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-12 FORESTRY means extraction, storage, sorting and grading of primary forest materials. This use does not include natural resource processing. FOUNDRY means a factory that produces metal castings. FRONT LOT LINE (see LOT LINE, FRONT) FRONT YARD (see YARD, FRONT) FUNERAL SERVICE means premises used for the care and preparation of human remains for interment or cremation. The use funeral service may also include holding of bereavement rites and ceremonies and associated retail sales of funeral products as accessory uses. G GARAGE means an accessory building or part of a principal building designed and used for the shelter or storage of vehicles and includes a carport. For the purpose of calculating yard setbacks and lot coverage requirements, an attached garage is deemed to be part of the principal building. GARDEN CENTRE means a location used primarily for the raising, storage and sale of produce, bedding, ornamental plants and related materials such as tools, soil, and fertilizers intended for use by household customers. GENERAL CONTRACTOR SERVICES (see CONTRACTOR SERVICES, GENERAL ) GENERAL INDUSTRIAL (see INDUSTRIAL, GENERAL) General Manager of Development Services means the person designated to administer and enforce the provisions of this Bylaw. (Bylaw No. 2025-09) GOVERNMENT SERVICE means a location for Crown Corporation, municipal, provincial or federal governments to provide services directly to the public that is primarily conducted indoors. This includes exhibition and convention facilities, protective and emergency services by fire protection, police, ambulance, or other such services as a base of operations, courthouse, city hall, government offices and public libraries and cultural exhibits, museums, community services, and similar public government services. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-13 GRADE, APPROVED means the ground surface elevation level after man-made re- grading in accordance with an engineered site grading plan approved by the City. For determination of building heights, approved grade shall mean the average level across the lowest side of the building, except that localized depressions need not be considered in the determination of average levels of grade. Figure 4 - Grade Definitions GRADE, BUILDING means the lowest of the average levels of finished ground adjoining each exterior wall of a building, excluding localized depressions need not be considered in the determination of average levels of grade. GRADE, NATURAL means the elevation of the ground surface in its state before man made alteration. GROCERY STORE means a retail outlet with a floor area, net (NFA) of at least 929 m2 (10,000 sq. ft.), including storage space, primarily retailing in a general line of foods, including canned, dry and frozen foods, fresh fruit and vegetables, fresh and prepared meats, fish and poultry, dairy products, baked products, snack foods, non-liquor beverages and general household products and pharmaceuticals. This use can include retail liquor sales with a store-within-a-store model as licensed by the BC Liquor and Cannabis Regulation Branch (LCRB) or the sale of 100% BC wine, with a wine-on-the-shelf model, as licensed by the LCRB, but not both in the same location. GROSS FLOOR AREA (see FLOOR AREA, GROSS (GFA)) H HARD-SURFACING means a durable ground surface, constructed of cast-in-place concrete, brick, or concrete unit pavers, turfstone, stone, asphalt, or similar material but excluding gravel and clay. HEALTH SERVICE means the provision of physical or mental health services on an out-patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include but are not limited to medical and dental offices, chiropractors, massage therapists, acupuncture clinics, health clinics, and counselling services. HEAVY INDUSTRIAL (see INDUSTRIAL, HEAVY) Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-14 HEIGHT means, with respect to a building, the maximum vertical distance between natural grade or approved grade and the highest point of the structure of a non- sloping roof, or the mid- point between the intersection point of the building wall and roof structure and ridge of a sloping roof excluding dormers. Figure 5 - Height Definition HIGH TECHNOLOGY SERVICE means an office use for aeronautics, biochemistry, computer assembly, computer design, communications, data processing, electronics, precision engineering, health care research, internet services, robotics, software development, telecommunications, web development, and related industries and including accessory customer support services. HOME OCCUPATION means an occupation or profession carried out as an accessory use incidental to the residential use of a dwelling unit. HOSPITAL AND PATIENT CARE SERVICE means a facility providing room, board, and surgical or other medical treatment for the sick and injured including out-patient services and accessory staff residences. Typical uses include but are not limited to hospitals, mental care health facilities, and rehabilitation and recovery facilities. HOUSEHOLD means: .1 a person; .2 two (2) or more persons related by blood, marriage, or adoption; or associated through foster care, all living together in one (1) dwelling unit as a single household using common cooking facilities; or .3 a group of not more than five (5) persons, including boarders, who are not related by blood, marriage, or adoption, or associated through foster care, all living together in one (1) dwelling unit as a single household using common cooking facilities. In addition to the above, this may include one (1) housekeeper or nanny. HOUSEHOLD REPAIR SERVICE means the repair of goods, equipment and small appliances normally found within the home. Typical uses include but are not limited to radio, television, computer and appliance repair, furniture refinishing, drapery shops, and upholstery shops. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-15 I INDOOR AMUSEMENT, ENTERTAINMENT AND RECREATION means facilities within an enclosed building intended for leisure activities where patrons are predominantly participants or spectators. Typical uses include but are not limited to amusement arcades, bingo halls, health and fitness centres, athletic facilities and ice rinks, billiard and pool halls, swimming pools, bowling alleys, motion picture theatres, concert or music halls and casinos. Such permitted uses may be licensed by the BC Liquor and Cannabis Regulation Branch (LCRB) to sell alcoholic beverages as an accessory use. INDOOR ANIMAL DAY CARE AND GROOMING means an establishment intended to provide care and grooming for domesticated animals excluding livestock, during the day or evening but not overnight, to a maximum limit of ten (10) animals at any given time. INDUSTRIAL, GENERAL means the use of land principally for one (1) or more of the following: .1 recycling used goods and materials, .2 manufacturing or assembling of semi-finished or finished goods, products or equipment, .3 preparation of printed and film materials, .4 storing, cleaning, servicing, renting, repairing or testing of materials, goods and equipment normally associated with industrial, business or household use, .5 terminals for the storage or transhipping of materials, goods and equipment, .6 the towing and compounding of vehicles (not including salvage) and storage of tow trucks, .7 distribution and sale of materials, bulk goods and equipment to institutions, industrial, farm or commercial businesses for their direct use or to retail stores or other uses for resale to individual customers, or .8 training in general industrial operations, trades, occupational first aid, emergency response or industrial health and safety. This use does not include gravel crushers or asphalt plants. INDUSTRIAL, HEAVY means processing, manufacturing, fabricating or assembling semi-finished or finished goods, products or equipment from raw materials, or storing, cleaning, servicing, repairing or testing materials, goods and equipment normally associated with industrial or business use. This use typically has area, intensity and land use impacts with greater magnitude and significance than industrial, general. Typical uses include sawmills, wood processing, manufacturing of manufactured homes, vehicles or heavy equipment. IRREGULAR LOT (see LOT, IRREGULAR) INTENSIVE IMPACT AGRICULTURE means the use of a livestock confinement area, feedlots, buildings or structures for: Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-16 .1 the confinement of poultry, livestock or fur bearing animals, or .2 the production of mushrooms in combination with a compost facility or a managed organic matter use. INTERIOR LOT (see LOT, INTERIOR) INTERIOR SIDE YARD (see YARD, INTERIOR SIDE) J Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-17 K KITCHEN means facilities for the preparation or cooking of food, and includes any room containing cooking equipment, counters, plumbing, or wiring, which, may be intended or used for the preparation, or cooking of food. L LANDSCAPE BUFFER means a landscaped or natural area intended to visibly separate and screen one (1) use from another. This also refers to the use of vegetation and other screening or separation methods to separate non-farming and agricultural land uses. LANDSCAPING means changing, modifying or enhancing the visual appearance of a site including reshaping the earth, planting lawns, shrubs, trees or preserving the original natural vegetation, adding walkways, fences, patios and other ornamental features for the purpose of beautifying or screening the appearance of a lot, or returning it to an original environmental condition. LANE means a highway under the Local Government Act of more than 3.0 m but not greater than 8.0 m in width. LEVEL 2 CHARGING means electric vehicle charging at 208 V or 240 V through supply utilization equipment that meets the definition of Level 2 by the standard "SAE Electric Vehicle and Plug in Hybrid Electric Vehicle Conductive Charge Coupler", J1772, as amended from time to time. LIMITED CONTRACTOR SERVICES (see CONTRACTOR SERVICES, LIMITED ) LIQUOR PRIMARY LICENSED PREMISE means a location where alcoholic beverages are offered for sale to the public for consumption on the premises. Typical uses include but are not limited to beverage rooms, neighbourhood pubs, cocktail lounge, cabarets and nightclubs. The use must hold a Liquor Primary License with the BC Liquor and Cannabis Regulation Branch (LCRB). LIVE-WORK UNIT means a purpose-built or purpose-renovated space that combines a permitted commercial use with a dwelling unit. LOADING SPACE means an on-site space reserved for temporary parking for the purpose of loading or unloading goods and materials. LOCALIZED DEPRESSION means a depression below the approved grade, created for the purpose of providing a vehicle or pedestrian entrance to a building or for the provision of a window well. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-18 LOT means a parcel of land, including Crown Land, which is legally defined either by registered plan or legal description. LOT AREA means the total horizontal area within the lot lines of a lot. LOT, BARELAND STRATA means the smallest unit of land defined on a horizontal plane according to a bareland strata plan under the provisions of regulations pursuant to the Strata Property Act. Figure 6 - Lot Definition LOT, CORNER means a lot situated at the intersection of two (2) or more streets. LOT COVERAGE means the percentage of the total horizontal area of a lot or lots that may be built upon with buildings, accessory buildings or structures, including carports; covered patios larger than 23 m²; and decks over 0.6 m in height. Lot coverage excludes uncovered steps, cornices, porticos, pergolas, cantilevered balconies and similar projections permitted in accordance with Table 4.1 of this Bylaw. LOT, DOUBLE FRONTING (or THROUGH) means a lot which abuts two (2) streets which are parallel or nearly parallel to the lot. This does not include a lot with a second frontage on a rear lane. LOT, INTERIOR means a lot other than a corner lot. LOT, IRREGULAR means a lot that does not fall into one of the other lot definitions. LOT, PANHANDLE means a lot, which has its primary legal access from a street through a narrow strip of land, which is an integral part of the lot. This narrow strip is referred to as the panhandle. The panhandle portion of the lot is not included in the calculation of minimum lot size. LOT, STRATA means a lot shown on a strata plan according to the Strata Property Act. LOT LINE means the legally defined boundary of any lot or property line. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-19 LOT LINE, FRONT means the street frontage onto which the primary façade or front yard of the building faces. In the case of through lots, or double fronting lots, two front lot lines are possible. LOT LINE, REAR means either the lot line opposite to, and most distant from, the front lot line, or, where there is no such property line, the point of intersection of any property lines other than a front lot line which is furthest from and opposite the front lot line. LOT LINE, SIDE means any lot boundary line, which is not a front or rear lot line. LOT WIDTH means: .1 where a lot has parallel side lot lines, the distance between the side lot lines at the front yard setback line; .2 where a lot is an irregular lot, the average between the horizontal distance between the side lot lines at the rear and the front yard setback lines; .3 where a lot is a panhandle lot, the average distance between the rear setback lines and from the top of the panhandle where the panhandle meets the larger portion of the lot, not including the panhandle itself. M MAJOR DAY CARE CENTRE (see DAY CARE CENTRE, MAJOR ) MAJOR HOME OCCUPATION means the use of a dwelling unit or accessory building for a business by a resident who resides at that dwelling unit. The business must be secondary to the residential use of the building and shall not change the residential character of the dwelling unit or accessory building. MARINA means a commercial or government establishment or premise, containing docking or mooring facilities where boats and other water vessels and their accessories are berthed, stored, serviced, repaired, constructed or kept for sale or for rent. METAL STORAGE CONTAINER means a shipping or cargo container, being a prefabricated metal container or box specifically constructed for the transportation of goods by rail, ship or transport truck. MINOR DAY CARE CENTRE (see DAY CARE CENTRE, MINOR ) MINOR HOME OCCUPATION means the use of a dwelling unit or secondary suite for a business by a resident who resides at that dwelling unit. The business must be secondary to the residential use of the building and no aspects of business operations shall be detectable from outside the property. MOBILE CATERING FOOD SERVICE means the delivery and sale of food to the public using a fleet of vehicles. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-20 MANUFACTURED HOME means a single or multiple section single detached dwelling unit built to CSA Z240 MH Standards for residential occupancy and may be transported on wheels. MANUFACTURED HOME PARK means a lot for the placement of two (2) or more manufactured homes. This does not include the situation where an additional agricultural dwelling unit is located on a lot where the principal dwelling unit is a manufactured home. MANUFACTURED HOME SPACE means an area of land for the installation of one (1) manufactured home situated within a manufactured home park. MOBILE VENDING UNIT means a self-contained mobile unit not exceeding 20 m2 in ground coverage, intended to be moved from location to location, for the purpose of offering for sale food or retail products. MODULAR HOUSING means a factory-built dwelling unit built to CSA 277 Standards that is transportable and designed to be used by itself or to be incorporated with similar units at a building site into a modular structure and intended for year-round habitation. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements, which are to be incorporated into a structure at the site. MOTOR VEHICLE AND EQUIPMENT REPAIR SHOP means the servicing and mechanical repair of automobiles, motorcycles, boats, snowmobiles, and similar vehicles and small equipment or the sale, installation, or servicing of related accessories and parts. This includes but is not limited to transmission shops, muffler shops, small engine repairs, tire shops, auto glass shops, and upholstery shops and excludes vehicle body repair and paint shop. MOTOR VEHICLE AND EQUIPMENT SERVICES, INDUSTRIAL AND AGRICULTURE means the sale, rental, service, or repair of heavy vehicles, machinery or mechanical equipment typically used in building, roadway, pipeline, oil field and mining construction, manufacturing, assembling and processing operations and agricultural production. This does not include automobiles and recreation vehicle sales/rentals. MOTOR VEHICLE BODY REPAIR AND PAINT SHOP means those premises where automobiles, trucks, and other vehicles undergo body repair and painting. MOTOR VEHICLE SALES AND RENTAL means the retail sale or rental of new or used automobiles, boats, motorcycles, snowmobiles and light trucks and similar vehicles and small equipment, together with incidental maintenance services, storage, fuelling, washing, and sales of parts. It includes automobile dealerships but does not include dealerships for the sale or rental of vehicles with a gross vehicle weight of more than 4100 kg or the sale of motorhomes with a gross vehicle weight rating of more than 5500 kg or a length of more than 6.7 m. MOTOR VEHICLE SERVICE STATIONS means the routine washing, servicing or repair of vehicles within a building containing not more than three (3) service bays, and for the sale of gasoline, petroleum products, and a limited range of auto parts and accessories. Accessory uses may include restaurants, single-bay vehicle wash, and convenience stores. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-21 MULTIPLE HOUSING means housing that contains three (3) or more dwelling units, excluding accessory suites, and may include townhouses and apartments. MUNICIPAL SOLID WASTE FACILITY means a facility designed, constructed and operated for the collection, processing, transferring or disposal of the solid waste stream or components thereof, including but not limited to, transfer stations, material recycling facilities, composting facilities and disposal facilities. N NATURAL BOUNDARY means the visible high water mark, as established by a BC Land Surveyor, of any lake, river, stream or other 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 the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself. In the case of Okanagan Lake, the natural boundary shall correspond to an elevation of 342.18 m G.S.C. (1122.63 if). In the case of Skaha Lake, the natural boundary shall correspond to an elevation of 337.76 m G.S.C. (1108.13 if). NATURAL GRADE (see GRADE, NATURAL) NATURAL RESOURCE PROCESSING means the quarrying, extraction, removal and off-site sale of sand, gravel, earth or mineralised rock found on or under the lot. Typical uses include but are not limited to quarries, gravel pits, and stripping of topsoil. This does not include processing of raw materials transported to the site. NET FLOOR AREA (see FLOOR AREA, NET (NFA)) NON-MARKET HOUSING means a dwelling unit that is subject to a legal agreement securing affordability and provides either rental housing that is owned and operated by a non-profit organization or government agency, or housing that is owned and operated by a non-profit housing cooperative. (Bylaw No. 2026-21) O OFFICE means a building primarily used for conducting the affairs of business, including the provision of administrative, business, clerical and secretarial agencies, consulting, financial, government services, health services, high technology services, insurance, legal, management, professional, and real estate services. This use excludes businesses providing the servicing and repair of goods, the sale of goods to the customer on the site, the manufacture or handling of a product, and retail uses. OFFICIAL COMMUNITY PLAN (OCP) means the Penticton Official Community Plan, as amended from time to time. ON-SITE BEER/WINE MAKING means an establishment that provides goods, facilities or services to persons producing or manufacturing, wine, beer or cider in the establishment for their own consumption or consumption at no charge by others. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-22 OPEN SPACE means that portion of a lot not occupied by parking or vehicle areas or buildings that is accessible and suitable for gardens, landscaping, and recreational use by building tenants or residents. OUTDOOR AMUSEMENT, ENTERTAINMENT and RECREATION means facilities which are available to the public at large for sports and active recreation conducted outdoors. Typical uses include but are not limited to golf courses, ball fields, and riding stables. OUTDOOR MARKET means a temporary use where groups of individual sellers offer new and used goods, crafts or produce for sale directly to the public. This may consist of vendors that include liquor sales and/or tasting within an outdoor market in accordance with the requirements of the BC Liquor and Cannabis Regulation Branch (LCRB). OUTDOOR STORAGE means the storage of equipment, goods, and materials in the open air where such storage of goods and materials does not involve the erection of permanent structures or the material alteration of the existing state of the land. Typical uses include but are not limited to vehicle or heavy equipment storage compounds. OWNER means the person(s) or organization listed as the titleholder on a property's legal certificate of title. P PANHANDLE LOT (see LOT, PANHANDLE) PARAPET or PARAPET WALL means that portion of a perimeter building wall that rises above the roof. PARENT PARCEL means the original parcel of land that was or is proposed to be the subject of a plan of subdivision. PARKING LOT means a lot or part of a lot or a building available to be used for the temporary parking of more than one (1) vehicle. PARKING LOT, PUBLIC means providing vehicular parking which is intended for public use and not primarily intended for the use of residents, employees, or clients of a particular permitted use and may include the collection of a fee. PARKING SPACE means an off-street space of the size and dimensions to park one (1) vehicle in conformance with the parking provisions of this Bylaw, exclusive of driveways, aisles, ramps, or obstructions. PARKING STRUCTURE means a structure designed for the parking of motor vehicles in tiers or floors, which may be constructed above, below or at building grade, available to be used for the temporary parking of more than one (1) vehicle by residents, customers, employees and the public at large. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-23 PARKING, TANDEM means two (2) parking spaces, one (1) behind the other, with a common or shared point of access to a manoeuvring aisle, lane or street. PARTY WALL means a wall jointly owned and jointly used by two (2) parties under easement agreement or by right in law, and erected at or upon a line separating two (2) lots each of which is, or is capable of being, a separate real estate entity. PASSIVE RECREATION means a use providing for non-motorized recreational activity including trails, environmentally sensitive areas, forest reserve, green belts, conservation areas and natural areas. It may include accessory uses and buildings that are consistent with passive recreational activities. Typical uses include walking, canoeing, biking and wildlife observation. PATIO means any solid structure at building grade meant for support of people or materials outdoors and less than 0.6 m in height. PERMITTED USE means the main or primary use of land, buildings or structures that is provided for in the list of permitted uses in the zones of this Bylaw. PERSONAL SERVICE ESTABLISHMENT means a use, which provides personal services to an individual, which are related to the care and appearance of the body or the cleaning and repair of personal effects. Typical uses include but are not limited to barber shops, hairdressers, manicurists, tailors, dress makers, shoe repair shops, tanning, photography studios, dry cleaners or laundries, dry cleaner pick-up depots, tanning beds, and similar uses, but does not include health services, laundromats or body rub business. PRINCIPAL BUILDING means the main building or structure on a lot that accommodates a permitted use. PROPERTY LINE means a legal boundary of a lot. PUBLIC LIBRARIES AND CULTURAL EXHIBITS means the collection of literary, artistic, musical and similar reference materials in the form of books, manuscripts, recordings and films for public use; or the collection, preservation and public exhibition of works or objects of historical, scientific or artistic value. Typical uses include but are not limited to libraries, museums, and art galleries. PUBLIC PARK means any publically accessible land designated specifically for passive or active recreation. PUBLIC PARKING LOT (see PARKING LOT, PUBLIC) Q R REAR LOT LINE (see LOT LINE, REAR) REAR YARD (see YARD, REAR) Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-24 RECREATION EQUIPMENT SALE, SERVICE AND RENTALS means the retail sale or rental of new or used bicycles, motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar light recreational equipment, together with maintenance services, storage, and sales of parts. It does not include dealerships for the sale of motorhomes with a gross vehicle weight rating of more than 5500 kg or a length of more than 6.7 m. RECREATIONAL VEHICLE means a transportable conveyance intended as a temporary accommodation for travel, vacation, or recreational use and includes travel trailers, motorized homes, slide-in campers, chassis-mounted campers, boats, all-terrain vehicles, snowmobiles and tent trailers but not including manufactured homes. RECYCLING DROP-OFF means a designated building or structure used for the collection and temporary storage of recyclable materials that can be transferred to a permanent recycling facility or operation. Recyclable materials include, but are not limited to, cardboard, plastics, paper, metal, bottles and similar household goods or return for a deposit items. (Bylaw No. 2026-21) RESIDENTIAL SALES CENTRE means a temporary building or structure used for a limited period of time for the purpose of marketing residential land or buildings. RESORT RESIDENTIAL means a multiple housing building: .1 in which every unit is occupied as a residential dwelling unit, .2 for the temporary accommodation of the travelling public under a rental pool scheme operated by a strata corporation, or .3 approved through a strata plan and owned by any person or family member under a time share use plan or time share ownership plan as defined in the Real Estate Act of British Columbia. RESTAURANT means a location where prepared food and beverages are offered for sale to the public. RETAIL STORE means premises where goods, merchandise and other materials are offered for retail sale to the general public. It may include limited on-site storage or limited seasonal outdoor sales to support the retail operation, and may also include the manufacturing of products to be sold on site, provided the gross floor area used for manufacturing does not exceed 25% of the gross floor area of the retail stores. Typical uses include but are not limited to: food, hardware, pharmaceutical, retail liquor sales, clothing, pawnshops, thrift store, auctioneer establishments and sporting goods stores, but does not include grocery stores. RETAINING WALL means a structure constructed to hold back, stabilize or support an earthen bank. RURAL HOME OCCUPATION means the use of a dwelling unit or accessory building for a business by a resident who resides at that dwelling unit. The business must be secondary to the residential use of the building and shall not change the residential character of the dwelling unit or accessory building. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-25 S SCREENING or SCREEN means a fence, building, structure or other device, which provides a visual barrier sufficient to conceal parking areas, garbage collection areas and storage areas. SECONDARY SUITE means a self-contained, accessory dwelling unit located within a dwelling unit which has one (1) or more habitable rooms (used or intended for use a residence by one (1) or more persons living as a household), with self-contained sleeping, living, cooking, and sanitary facilities, and direct access to the open air, without passing through any part of the principal building. (Bylaw No. 2026-21) SECURITY/OPERATOR DWELLING UNIT means a portion of a building or detached building used to provide on-site accommodation by the employer for persons employed on the property, a residence for the site caretaker or operator of a commercial or industrial establishment, or for the on-duty security personnel at a storage facility when permitted in a zone. SELF-STORAGE means a self-contained building or group of buildings containing lockers available for rent for the storage of personal goods or a facility used exclusively to store bulk goods of a non-hazardous nature. SETBACK means the horizontal distance separating a building, structure or use from a specified location. SHOPPING CENTRE means one (1) or more buildings containing a minimum gross floor area of 1000 m2 and containing a group of retail stores and other businesses, which share common services, parking, and other facilities on one (1) or more lots. SHORT TERM RENTAL means the rental of all or a portion of a dwelling unit to the vacationing public for a period of 90 days or less to a maximum of eight (8) guests. (Bylaw No. 2026-04) SHORT TERM RENTAL, HIGH OCCUPANT means a short term rental in which more than eight (8) persons are accommodated. (Bylaw No. 2026-04) SIDE LOT LINE (see LOT LINE, SIDE) SIDE YARD (see YARD, SIDE) SINGLE DETACHED DWELLING means housing that contains one (1) single household in a dwelling unit. This use includes modular housing that conforms to the CSA A277 Standards, but does not include a manufactured home conforming to CSA Z240 MH Standards. SLEEPING UNIT means a habitable room not equipped with a kitchen, providing accommodation for guests. STORAGE AND WAREHOUSE means the storage and distribution of goods, wares, merchandise, substances, articles or things, whether or not the storage is contained in separately occupied, secured storage areas or lockers. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-26 STOREY means the habitable volume between the floors of a building or between its floor and ceiling, that is 1.8 m or greater. STOREY, FIRST means the uppermost storey having its floor level not more than 1.2 m above building grade. Figure 7 - Storey Definition STRATA LOT (see LOT, STRATA) STREET means a highway as defined under the Local Government Act over 8.0 m in width, which affords the principal access to abutting properties. STREET, FLANKING means a street, which abuts a side lot line. STRUCTURE means a construction of any kind whether fixed to or supported by or sunk into land or water including towers, flagpoles, swimming pools, docks, signs and tanks, and excludes areas of hard surfacing. T TANDEM PARKING (see PARKING, TANDEM) THROUGH LOT (see LOT, DOUBLE FRONTING) TOWNHOUSE means a building containing three (3) or more dwelling units that share common party walls, floors or ceilings with adjacent dwelling units, with each dwelling unit having a separate exterior entrance. TOURIST ACCOMMODATION means a building or part thereof, which provides a management office and sleeping accommodation for tourists, and may include public facilities such as banquet, beverage, conference, meeting and convention rooms and recreation facilities. TRANSIT-ORIENTED AREA means an area within a 400m radius of a prescribed bus exchange and are intended to be higher-density, mixed-use neighbourhoods. The Province may prescribe specific transit-oriented areas and applicable development regulations on lots partially or fully within them. Transit-oriented areas are delineated on Schedule C, Schedule D, and Schedule E of this bylaw and are split in two categories: "Area 1" includes lots less than 200m from a prescribed bus exchange, and "Area 2" includes lots between 200m and 400m from a prescribed bus exchange. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-27 TRANSPORT TRUCK AND MOTORHOME SALES AND RENTALS means the sale or rental of new or used transport trucks, motor homes, manufactured homes, and automobiles together with maintenance services and the sale of parts and accessories. Typical uses include but are not limited to truck dealerships, recreation vehicle sales, and manufactured home and motor home dealerships. U URBAN AGRICULTURE means the cultivation of a portion of a parcel for the production of food including fruits, vegetables, nuts and herbs for human consumption. Cultivation can be done by the property owner or off-site resident, provided the owner has given her/his permission. Production activities should not be noxious or an unreasonable nuisance to surrounding properties. URBAN AREA BOUNDARY means the boundary separating an agricultural zone from those lands designated in the City's Official Community Plan and/or zoned in the City's Zoning Bylaw for non-agricultural uses. USE means the purposes for which land, a building or a structure is arranged or intended, or for which either land, a building, or a structure is, or may be, occupied and maintained. UTILITY SERVICES means development for utility infrastructure purposes that provides for the essential utility servicing of the City with water, sanitary sewer, storm sewer, electrical, natural gas, cable TV, internet, fiber optics, telephone and/or similar utilities where such utilities are established by the City, by another government body or by a company operating under the Public Utilities Act. This use does not include storage yards. V VEHICLE means any motor vehicle as defined in the Motor Vehicle Act. W WALKWAY means a street intended to carry pedestrian and non-motorized traffic only, except that a walkway may be designed to accommodate mobility scooters and/or afford emergency vehicle use. WALL FACE means any portion of a vertical wall that is uninterrupted by a horizontal break of less than 1.2 m. WATERCOURSE means any natural depression, as established by a BC Land Surveyor, with visible banks, which contains water at some time, and includes any lake, river, stream, creek, spring, ravine, swamp, gulch, coulee, wetland, or surface source of water, whether containing fish or not, including intermittent streams, and drainage works which contain fish. WET BAR means a small facility that is used exclusively to prepare beverages and other items that do not require cooking. Exhaust fans, 220-volt wiring, natural gas rough in and permanent cooking Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-28 facilities of any type are not permitted. The provision of wet bars in no way permits an additional dwelling unit to be established. WHOLESALE BUSINESS means an establishment acting as agents or brokers and buying merchandise for, or selling merchandise to retail users, industrial users, commercial users, institutional users or wholesale users. WINERY and CIDERY means a farm winery, estate winery, urban winery, or a cidery that is licensed under the BC Liquor and Cannabis Regulation Branch (LCRB). It may include processing, storage, retail sales, tours, wine tasting, and may include a restaurant. WRECKING YARD means any land or building used for the collection, demolition, dismantlement, storage, salvage, recycling or sale of waste materials including scrap metal, vehicles, machinery, and other discarded materials. X Y YARD means an area created by a setback. YARD, EXTERIOR SIDE means a side yard immediately adjoining a street. YARD, FRONT means the area between side lot lines extending from the front lot line to the nearest above finished grade wall or supporting member of a building or structure other than a retaining wall. Figure 8 - Yard Definitions YARD, INTERIOR SIDE means a side yard other than an exterior side yard. YARD, REAR means the area between the side lot lines extending from the rear lot line to the nearest above finished grade wall or supporting member of a building or structure other than a retaining wall. Schedule A Zoning Bylaw No. 2024-22 Chapter 3 - Definitions Page 3-29 YARD, SIDE means that part of the lot, which extends from a front yard to the rear yard between the side lot line and the nearest above finished grade wall or supporting member of a building or structure. Z ZONE means the areas into which the City is divided in accordance with the maps attached as Schedule 'A' of this Bylaw and for which specific regulations are outlined herein for each area. Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-1 - General Development Regulations 4.1 Applicability of General Development Regulations Except as otherwise specified in this Bylaw, the following regulations apply to all zones established in this Bylaw. 4.2 Accessory Buildings, Structures, Garages and Carports All accessory buildings, structures, garages and carports are subject to the following regulations: 4.2.1 An accessory building or structure shall not be used as a dwelling unit, unless permitted in accordance with Section 8.2 of this Bylaw. 4.2.2 An accessory building or structure shall not be situated on a lot unless the principal building, to which it is accessory, has already been constructed or will be constructed simultaneously. .1 Notwithstanding the fence and screen height requirements listed in Section 5.4 of this Bylaw, the fence or screening of rooftop mechanical or structural appearance may exceed the height limitations of the purpose of Section 4.4.2. (Bylaw No. 2025-09) 4.2.3 Notwithstanding any yard requirements of this bylaw, any accessory building or structure shall be situated behind the front face of the principal building. (Bylaw No. 2026-21) .1 Notwithstanding Section 4.2.3 for accessory buildings and structures located within the A - Agriculture zone, may be situated in front of the front face of the principal dwelling. (Bylaw No. 2026-21) 4.2.4 Notwithstanding any yard requirements of this bylaw, accessory buildings or structures with a building footprint of 10.0 m2 or less, may be erected anywhere on a lot, provided that it is situated behind the front face of the principal building. (Bylaw No. 2026-21) 4.2.5 The following are permitted anywhere on a lot: .2 fences, in accordance with Section 5.4 of this Bylaw, .3 retaining walls, in accordance Section 5.4 of this Bylaw, .4 trellises, pergolas, .5 children's play equipment, .6 utilities, .7 mailboxes, or .8 farm garden stands (Bylaw No. 2026-21) Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-2 4.2.6 All structures connected by foundation, roofline or roof structure (including but not limited to pergolas or trellises) to the principal building are deemed to be a portion of the principal building. 4.2.7 Where a garage or carport has driveway access from the front yard or exterior side yard to the street, the minimum required distance from the garage or carport to the back of the curb or sidewalk shall be 6.0 m. 4.2.8 Where a driveway gate exceeds 1.2 m in height, the minimum required distance from the driveway gate to the back of the curb or sidewalk shall be 6.0 m. 4.3 Corner Visibility Triangle 4.3.1 No hedge, planting, tree, fence, sign, or other structure shall be erected, placed, or maintained within the corner visibility triangle to a height greater than 1.2 m. 4.3.2 Notwithstanding the corner visibility triangle requirements listed in Section 4.3.1 of this Bylaw, the corner visbility triangle may be reduced to the area created by the actual setback of the building or structure. 4.4 Height and Grade 4.4.1 The following structures shall not exceed twice the maximum allowable height permitted by the zone: chimneystacks, aerials, antennae, water towers, wind machines, monuments, observation and transmission towers, steeples, solar thermal collectors or flagpoles. 4.4.2 Any mechanical or structural appurtenance such as elevator housings, roof stairway entrances, ventilating equipment and skylights, constituting not more than ten percent (10%) of the total roof area of a building, may exceed the height limitations specified for each zone provided that the appurtenance is screened from view. 4.4.3 Localized depressions are not included in the calculation of height and are subject to the following requirements: .1 A localized depression for a pedestrian entrance shall not exceed 40% of the corresponding wall length or 7 m2 measured in plan view. .2 A localized depression for a window well shall not extend more than 0.9 m from the building wall face and not exceed 25% of the corresponding wall face length in total, for one or more light wells. Figure 9 - Corner Visibility Triangle Diagram Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-3 4.5 Airport Regulations 4.5.1 Notwithstanding Section 4.4 of this Bylaw, in no case shall the height of any building, structure or appurtenance, including temporary assemblies for construction purposes, such as cranes, exceed the Horizontal Surface elevation as described in the federal Penticton Airport Zoning Regulations, C.R.C., c. 101 as amended, unless approved to do so by the appropriate federal authorities. 4.6 Highway Setbacks and Future Road Right-of-Way 4.6.1 A setback from a highway shall be measured from the lot boundary abutting to that highway, provided that where a highway is designated as a Collector or Arterial in the City of Penticton Official Community Plan Bylaw, as amended from time to time, the setback shall be measured from where the boundary of the Collector or Arterial would meet the lot if that highway was constructed. 4.6.2 No buildings or structures shall be constructed on land that is located within an existing or future right-of-way of any Collector or Arterial highway as designated within the City of Penticton Official Community Plan Bylaw. 4.6.3 Notwithstanding the minimum lot area and width requirements of this bylaw, the Subdivision Approving Officer may approve: .3 A road dedication, required by the City, where the dedication: .a reduces the area or width of the lot to less than the required minimum lot area, or .b reduces the area or width of an existing undersized lot. 4.6.4 In calculating the floor area ratio (FAR) or lot coverage for a development, the area of the parcel to be dedicated to the City for road purposes shall be included for the purpose of calculating the permitted density or lot coverage on that parcel. (Bylaw No. 2026-21) 4.6.5 In calculating the setbacks for a development, the area of the parcel to be dedicated to the City for road purposes shall be included for the purpose of calculating the minimum setback requirement on that parcel, provided the highway is not designated as a Collector or Arterial in the City of Penticton Official Community Plan Bylaw, as amended from time to time. (Bylaw No. 2026-21) 4.7 Swimming Pools and Hot Tubs All lots with exterior swimming pools or hot tubs are subject to the following regulations: 4.7.1 Swimming pools and hot tubs shall not be located in a required front yard. 4.7.2 Above ground swimming pools and hot tubs shall meet the siting requirements of accessory buildings. 4.7.3 At grade swimming pools shall be located at a minimum of 1.0 m from side and rear property lines and 3.0 m from any street. Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-4 4.8 Temporary Uses and Buildings Any lots with temporary uses and/or buildings are subject to the following regulations: 4.8.1 Fabric Covered Metal Frame Buildings The use of fabric-covered metal frame buildings over 10 m2, is limited to industrial, agricultural, and institutional uses. 4.8.2 Tents, Recreational Vehicles and Similar Structures .1 A temporary use located partially or totally in a tent, trailer, manufactured home, motor home or building or structure not permanently fixed to the site is prohibited, except for temporary uses accessory to a permitted campground, industrial use or public use. .2 Notwithstanding section 4.8.2.1 of this bylaw, occupancy of a recreational vehicle in a residential or rural zone is permitted for no more than 10 days in one period of 30 consecutive days. 4.8.3 Outdoor Temporary Uses Where a use is permitted in a zone, the use may, on a temporary basis, be carried on out- doors and may occupy required parking spaces. 4.8.4 Metal Storage Containers Notwithstanding Section 4.8.2 of this Bylaw, metal storage containers are permitted in the M1, M2, M3, C4, C6, C7, P1, P2, P3 and A zones under the following conditions: (Bylaw No. 2025-09) .1 Metal storage containers may only be stacked one (1) on top of the other in the M1, M2, and M3 zones, to a maximum of two (2) containers high. .2 Metal storage containers shall be sited according to the siting regulations for buildings in the zones listed. In the C4, C6, and C7 zones, metal storage containers shall not be located between the principal building and any street frontage, except a lane. .3 Metal storage containers shall not be located on a required parking space, on parking drive aisles, within driveway accesses or on fire lanes; .4 On lots within the C4, C6, C7, P1, P2 and P3 zones, the maximum number of metal storage containers shall be two (2) containers per lot for the first 0.2 ha or less of lot area plus 2 additional containers for each 0.2 hr of additional lot area, to a maximum of 5 containers; (Bylaw No. 2025-09) .5 On lots within the A zone, the maximum number of metal storage containers shall be one (1) container per lot. .6 Notwithstanding Section 4.8.4.2 of this Bylaw, a metal storage container may be used as temporary storage for a permitted seasonal garden centre and may be located between the principal building and the street; Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-5 .7 Metal storage containers shall only be used to store materials or products that are incidental to the operation of the business or facility located on the lot; and .8 Notwithstanding Sections 4.8.4.2 to 4.8.4.7 of this Bylaw, a metal storage container may be used as temporary storage during construction in any zone provided that a valid building permit has been issued authorizing the construction. The metal storage container must be removed upon completion of the construction. 4.9 Yards and Projections All developments are subject to the following regulations: 4.9.1 Certain types of architectural features are permitted to project from a building or a structure in a required yard in accordance with Table 4.1. Table 4.1 - Permitted Projections Feature Maximum Projection in to Required Yards Chimney, chimney box and fireplace box 0.6 m in any yard Eaves, eave-troughs and gutters 0.6 m interior side yard 1.5 m front yard 1.5 m exterior yard 3.0 m rear yard *except accessory buildings or structures, including carriage houses, which shall be 0.6m in any yard Ornamental elements such as sills, belt courses, cornices, parapets and pilasters 0.6 m in any yard Canopies and awnings 0.6 m interior side yard 1.5 m front yard 1.5 m exterior yard 3.0 m rear yard *except accessory buildings or structures, including carriage houses, which shall be 0 m in any yard Fire escapes, open stairways, landings, steps, ramps and patios 1.5 m front yard 1.5 m exterior yard 3.0 m rear yard If features is less than 0.6 m from grade then not subject to regulations Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-6 *except accessory buildings or structures, including carriage houses, which shall be 0 m in any yard Wheelchair ramps have no limit Covered or uncovered balcony, porch, deck, platform and veranda 1.5 m front yard 1.5 m exterior yard 3.0 m rear yard *except accessory buildings or structures, including carriage houses, which shall be 0 m in any yard Any cantilevered, architectural projection that constitutes less than 25% of the wall face to which the projection is attached 0.6 m in any yard Window wells below approved grade and not more than 3.0m in length 0.9 m in any yard 4.9.2 In zones allowing more than two (2) dwelling units, projections, utilities, underground parking and similar structures constructed entirely beneath the surface of the ground can encroach into required yards, provided such underground encroachments do not result in a grade inconsistent with abutting properties, and the encroachments are covered by sufficient soil depth or surface treatment to foster landscaping. 4.9.3 A concrete exterior staircase to access a basement area below grade may project into any setback area. 4.9.4 Notwithstanding buffer or landscape requirements, patio seating for restaurants may encroach into any yard setbacks in the CT1 ('Tourist Commercial') zone. 4.10 Refuse and Recycling Bins All multiple housing, commercial or industrial permitted uses shall provide refuse and recycling bins subject to the following regulations: 4.10.1 When any multiple housing residential, commercial or industrial permitted use is proposed, provisions for garbage storage, recycling and collection shall be made for these facilities on the same site as the permitted use. 4.10.2 All site refuse, recycling bins, and containers in zones other than agricultural zones, including all other large receptables used for the temporary storage of materials, shall require fencing and/or landscaping to conceal from view from adjacent lots and streets. (Bylaw No. 2025-09) 4.10.3 Screening required in Section 4.10 of this Bylaw shall consist of landscaping and/or fencing that is a minimum of 1.2 m in height to a maximum height of 2.0 m. 4.10.4 Refuse or recycling bins, rooms or enclosures designed for vehicle access shall be located to provide unobstructed access with a minimum width of 3.0 m and a minimum vertical clearance of 4.6 m. Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-7 4.10.5 Any refuse and recycling areas co-existing with any parking or loading area: .1 Shall be clearly delineated as separate and in addition to required parking and loading spaces, and .2 Shall not be located in any public Right-of-Way. 4.11 Drive-through Facilities 4.11.1 Where drive-through facilities are installed, there shall be adequate queuing lanes provided on the property to accommodate six (6) vehicles between the property line and the ordering station. These queuing spaces shall be exclusive of any other parking space and aisle requirements contained in this Bylaw. 4.11.2 The drive-through facilities shall not be visible from the street. If the drive-through facilities are visible from the street or neighbouring properties, landscape screening or fencing, a minimum of 1.2 m in height, shall be required. 4.11.3 Drive-through facilities shall not be permitted in the C1, C5 and C6 zones. (Bylaw No. 2025- 09) 4.12 Uses Permitted in All Zones 4.12.1 The following uses shall be a permitted use in all zones: .1 Public parks shall be a permitted use in all zones .2 Utility services shall be a permitted use in all zones. .3 Urban agriculture shall be permitted in all zones. .4 Cultural exhibits shall be permitted in all zones. .5 Day care centre, minor shall be permitted in all zones. 4.13 Agricultural Land Reserve 4.13.1 Notwithstanding any other provisions of this Bylaw, all lands within the Agricultural Land Reserve (ALR) are subject to the Agricultural Land Commission Act (ALCA), the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (the Regulation), as amended from time to time, and any Orders of the Agricultural Land Commission (ALC). The ALCA and Regulations generally prohibit or restrict non-farm use and subdivision of ALR lands, unless permitted or exempted. 4.14 Streamside Protection 4.14.1 Development must not occur within 30.0 m of a watercourse boundary or a distance determined by a Qualified Environmental Professional (QEP), whichever is less, in accordance with the Riparian Area Protection Act, Riparian Area Protection Regulation, and the Development Permit Area requirements identified within the City of Penticton's Official Community Plan Bylaw, as amended from time to time. Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 4-8 4.15 Energy Efficient Buildings 4.15.1 Achieving a low-energy, high-efficiency building through high quality thermal envelope design and better insulation will result in thicker wall and roof insulation than a typical building, which may affect floor area, lot coverage, setbacks and height. For the purposes of creating a more efficient building the following may be applied, at the discretion of the General Manager of Development Services or delegate: .1 Floor area calculation: calculation of gross floor area and net floor area may exclude exterior wall thickness in excess of 0.165m up to a maximum exclusion of 0.305m provided that the wall thickness is utilized for the provision of insulating material and/or protection against wind, water and vapour. .2 Lot coverage calculation: calculation of lot coverage may exclude exterior wall thickness in excess of 0.165m up to a maximum exclusion of 0.305m provided that the wall thickness is utilized for the provision of insulating material and/or protection against wind, water and vapour. .3 Setbacks: where the exterior wall thickness is in excess of 0.165m, provided that the wall thickness is utilized for the provision of insulating materials and/or protection against wind, water and vapour, the minimum distance to an abutting lot line as permitted elsewhere in this Bylaw may be reduced by 0.25m. .4 Height: the height of buildings and structures permitted elsewhere in this Bylaw may be exceeded for roof thickness in excess of 0.3m provided that the excluded roof thickness is required to achieve compliance with the BC Energy Step Code Passive House energy standard or other enhanced energy performance standard. 4.16 Transit-Oriented Areas 4.16.1 Transit-oriented areas are delineated on Schedule C, Schedule D and Schedule E of this bylaw. 4.16.2 In lieu of the applicable regulations elsewhere in this bylaw, the regulations in Table 4.2 apply to all residential and mixed-use developments with at least 50% residential gross floor area within transit-oriented areas. Table 4.2 - Transit-Oriented Areas Development Regulations Regulation Transit-Oriented Area: Area 1 Transit-Oriented Area: Area 2 Minimum vehicle parking spaces No vehicle parking spaces are required for dwelling units. Minimum accessible parking spaces Accessible parking spaces shall be provided in accordance with Table 6.8 of this bylaw, based on the corresponding number of parking spaces on the lot. Maximum height 6 storeys above approved grade* 4 storeys above approved grade* Maximum density 2.5 Floor Area Ratio (FAR)* 1.5 Floor Area Ratio (FAR)* Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 5-9 * If the lot is within a zone which permits greater height and/or density than noted in Table 4.2, then the greater height and/or density regulation applies. (Bylaw No. 2025-09) - Landscaping and Screening 5.1 General Landscaping Requirements The minimum landscaping requirements shall be in accordance with the following regulations: 5.1.1 For the purposes of Chapter 5 of this Bylaw, all areas without buildings, structures, driveways, approved parking or garbage and recycling collection areas or natural areas, shall be deemed to be landscape areas. 5.1.2 Boulevard areas are deemed to be part of the landscape area of a property. 5.1.3 (Bylaw No. 2025-09) 5.1.4 (Bylaw No. 2025-09) 5.1.5 Irrigation systems may encroach onto City owned boulevard areas. 5.1.6 (Bylaw No. 2025-09) 5.1.7 (Bylaw No. 2026-21) 5.2 Landscape Buffers Separating Uses 5.2.1 All landscape buffers shall be provided in accordance with the regulations outlined in Table 5.1 and shall consist of: .1 One (1) tree for every 10.0 linear meters of required buffer area, including walkways and driveways. Deciduous trees shall be a minimum caliper of 60 mm and a minimum clear stem height of 1.5 m. Coniferous trees shall be a minimum 2.5 m in height, and .2 One (1) shrub for every linear meter of required buffer area, including walkways and driveways. The shrubs shall be a minimum No. 2 pot shrub. 5.2.2 Required landscape buffers shall be continuous along the affected property boundaries, interrupted only by walkways and driveways providing access to the property. 5.2.3 All required landscape buffer areas shall be watered by a fully automatic, underground, irrigation system. Table 5.1 - Required Landscape Buffers Standard Residential - 5 or more dwelling units Commercial Industrial Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 5-10 (excluding C5 zone) Minimum width of landscape buffer abutting a R4-L or R4-S zone 3.0 m 3.0 m 3.0 m Minimum visual screen height abutting a residential zone 1.2 m 1.2 m 1.8 m Minimum width of landscape buffer along highway, excluding lanes 3.0 m 3.0 m N/A (Bylaw No. 2025-09) (Bylaw No. 2026-21) 5.2.4 Notwithstanding the landscape buffer requirements listed in Table 5.1, buffer widths may be reduced to the width of the actual setback of the building or structure if the actual setback of any building or structure is less than the buffer specified in Table 5.1. 5.2.5 (Bylaw No. 2025-09) 5.2.6 (Bylaw No. 2025-09) 5.2.7 (Bylaw No. 2025-09) 5.3 Tree Requirement and Protection 5.3.1 Trees are required to be planted for all new residential development in accordance with the following regulations: .1 For new developments in the R4-L or R4-S zones, a minimum one (1) tree per dwelling unit, not including secondary suites, is required to be planted on the property, with a minimum of one (1) tree being located in the front yard. (Bylaw No. 2026-21) .2 Tree species must be selected from the official document "Approved and Suggested Trees in the City of Penticton" prepared by the City of Penticton Parks Department, as amended from time to time. 5.3.2 Trees required in accordance with Section 5.3.1 of this Bylaw are required to be either a deciduous tree with a minimum caliper of 60 mm and a clear stem height of 1.5 m or a coniferous tree with a minimum height of 2.5 m. 5.4 Fences and Retaining Walls 5.4.1 Fencing Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 5-11 .1 Subject to the corner visibility triangle regulations in Section 4.3 of this Bylaw, the following height limitations shall apply to fences, decorative (non-retaining) walls in all zones: (Bylaw No. 2025-09) .a 1.2 m; .b 1.8 m if situated behind the front yard setback; .c 1.8 m if situated within the interior, exterior, and rear yard setback; .d 2.4 m if situated adjacent to a controlled access highway; and .e 2.4 m if in an agricultural or industrial zone. .2 Barbed wire and electric fencing is prohibited in all zones except for A, M1 M2 and M3. .3 Razor wire is prohibited in all zones. .4 (Bylaw No. 2025-09) .5 (Bylaw No. 2025-05) Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 5-12 5.4.2 Retaining walls .1 Retaining walls that are located within any required yards must not exceed a height of 1.2 m above approved grade. .2 Retaining walls that are located outside of any required yards must not exceed a height of 2.4 m above approved grade. .3 Retaining walls approved as a condition of subdivision may exceed the maximum heights specified within Sections 5.4.2.1 and 5.4.2.2 of this Bylaw. .4 Multiple parallel retaining walls must be spaced to provide at least a 1.2 m horizontal separation between them, as shown in Figure 10. Figure 10 - Multiple Retaining Walls .5 Notwithstanding Section 5.4.2.1 of this Bylaw, in the case of a retaining wall constructed on a property zoned M1, M2 or M3, the retaining wall must not exceed a height of 2.4 m above approved grade. .6 Notwithstanding Section 5.4.2.1 of this Bylaw, a retaining wall may be higher than 1.2 m, measured from approved grade, where the natural grade of the subject property is lower than the abutting property, to a maximum of 2.4 m, as shown in Figure 11. Schedule A Zoning Bylaw No. 2024-22 Chapter 5 - Landscaping and Screening Page 5-13 Figure 11 - Height of Retaining Walls 5.4.3 Fences on retaining walls .1 In the case where a fence is built on top of a retaining wall, the height of the fence and the height of the retaining wall shall be measured separately according to their respective regulations. Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-1 - Parking and Loading 6.1 Off-Street Vehicle Parking 6.1.1 General Requirements .1 Parking spaces shall be provided in accordance with the Table 6.6 and shall be located on the same lot as the use serviced by the parking. .2 Where the calculation of the required number of parking spaces yields a fractional number, the required number of spaces shall be rounded down to the nearest whole number. .3 Where Table 6.6 does not clearly define requirements for a particular permitted use, the single use or combination of uses most representative of the proposed permitted use shall be used to determine the parking requirements. .4 Where a proposal consists of a mix of uses, the total number of spaces shall be the sum of the space requirements for each use as calculated using Table 6.6. .5 Visitor parking locations are to be clearly marked as "VISITOR PARKING". .6 In any residential or multiple housing zone, no vehicle or equipment having a gross vehicle weight in excess of 5600 kg shall be parked or stored on the property unless stored such that the vehicle or equipment is entirely enclosed within a building. .7 In residential or multiple housing zones, no more than one (1) recreational vehicle may be parked per dwelling unit. Additional recreational vehicles may be parked or stored on the property such that the vehicle is entirely enclosed within a building. .8 When any new development is commenced or when any existing development is enlarged or use changed, for properties having or proposing direct access to Highway 97, vehicle parking and loading spaces shall be provided and maintained by the property owner in accordance with the Ministry of Transportation & Infrastructure standards. 6.1.2 Parking Reductions .1 Bicycle Parking .a Where five (5) additional Class 1 or Class 2 bicycle parking spaces are provided on site, the vehicle parking space requirement can be reduced by a maximum of one (1) parking space. .b Section 6.1.2.1.a of this Bylaw may only be applied where the proposed development requires Class 1 or Class 2 bicycle parking spaces, in accordance with Section 6.4 of this Bylaw. .2 Cash-in-Lieu Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-2 .a Cash-in-lieu may only be provided for the following zones, in accordance with Table 6.1: .i Multi-family residential: RM2, RM3, RM4 and RM5, .ii Commercial: C1, C2, C3, C4, C7, C8 and C9, .iii Industrial: M1, M2 and M3, or .iv Bicycle parking: C5 and C6. .b A property owner may provide the City a sum of money equal to the number of parking spaces not provided, multiplied by the applicable cash- in-lieu amount, as identified in Table 6.1. The sum of money will be deposited into the Off-Street Parking Reserve and Alternative Transportation Infrastructure Reserve at the rate of 75% to the Off Street Parking Reserve and 25% to the Alternative Transportation Infrastructure Reserve. .c In the case of the RM2 and RM3 zones, the cash-in-lieu provision shall not lower the total number of parking spaces to below one (1) parking space per dwelling unit. Table 6.1 - Cash in Lieu Existing floor area converted to residential dwelling unit New commercial, industrial and/or high density residential floor area Class 1 bicycle parking space for commercial uses Class 2 bicycle parking space for the C5 and C6 zones $13,000 $13,000 $1,000 $500 (Bylaw No. 2025-09) 6.1.3 Shared Parking Provisions .1 Shared use of off-street parking spaces is permitted under the following conditions: .a Notwithstanding Section 6.1.1.4 of this Bylaw, shared off-street parking areas for two (2) or more uses in a building or on a parcel may be permitted when the maximum parking demand of such uses occurs at different periods of the day. 6.1.4 Off-site Parking .1 Notwithstanding Section 6.1.1.1 of this Bylaw, for some or all of the required off- street parking spaces for residential uses within the C5 and C6, and any non- residential zone, the required parking may be provided on another lot or property, provided the required parking spaces are no further than 150 m measured along a public pathway or sidewalk route from the nearest point of the parking to the nearest point of the site of the permitted use served by the parking. .2 Where off-street parking is located on a site separate from the permitted use: Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-3 .a The owner of the separate site of the off-street parking lot shall covenant with the City, by agreement, that the remote lands required for off-street parking and access thereto shall be so used as long as required by this Bylaw, and .b The remote parking shall be developed to the same standard as on-site parking. 6.1.5 Parking Space Dimensions All off-street parking spaces shall conform to the following provisions: .1 Parking spaces shall be developed in accordance with Tables 6.2 and 6.3, and Figures 12 and 13: Table 6.2 - Standard Car Parking Dimensions Stall Angle Standard Stall Width (m) Accessible Stall Width (m) Stall Length(m) Drive Isle (m) (one- way) Drive Isle (m) (two- way) 90 2.7 3.7 5.8 6.0 7.0 60 2.7 3.7 6.4 5.5 6.6 45 2.7 3.7 6.0 4.0 6.6 30 2.7 3.7 5.25 3.6 6.6 Parallel 2.7 - 7.0 - - .2 Where a parking space adjoins a fence, wall or other structure of greater than 0.3 m in height, the width of the parking space shall be increased by 0.3 m to enable the convenient opening of vehicle doors. .3 Where a parking space is located parallel with a property line, the width of the parking space shall be increased by 0.5 m to enable the convenient opening of vehicle doors. .4 Notwithstanding Table 6.6, up to 25% of off-street parking spaces may be designed as small car parking spaces in accordance with Table 6.3. For properties where there is not a minimum vehicle parking space requirement, up to 100% of the vehicle parking spaces provided may be designed as small car parking spaces. Such spaces shall be clearly marked with "small car". (Bylaw No. 2026-21) .5 Parking spaces shall have a vertical clearance of at least 2.0 m. Table 6.3 - Small Car Parking Dimensions Stall Angle Small Car Width (m) Stall Length (m) Drive Isle (m) (one-way) Drive Isle (m) (two-way) 90º 2.5 5.6 6.0 7.0 Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-4 60º 2.5 5.1 5.5 6.6 45º 2.5 4.8 4.0 6.6 30º 2.5 4.2 3.6 6.6 Figure 12 - Stall Size Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-5 6.1.6 Tandem Parking .1 Required parking spaces may only be configured as tandem parking for single detached dwellings. .2 Secondary suites, carriage houses, and multiple housing developments, including duplex housing, cluster housing, townhouses, and apartment buildings: .a Any parking spaces that are provided in excess of the requirement per dwelling unit may be configured as tandem parking. .3 Required visitor parking spaces shall not be configured as tandem parking. 6.2 Off-Street Loading Spaces All developments requiring a loading zone shall be subject to the following regulations: 6.2.1 Number of Spaces for Single and Shared Uses .1 Where a proposal is for new building, or enlargement of existing building, off- street loading spaces shall be provided by the property owner in accordance with the requirements of this Bylaw. .2 The number of off-street loading spaces, required for each use is specified in Table 6.6. .3 The loading space requirements for more than one (1) use on a single lot or for a building containing more than one (1) use, shall be the sum total of the loading space requirements for each of the component uses. Figure 13 - Stall Size Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-6 6.2.2 Size and Access .1 Loading spaces shall be of adequate size and accessibility to accommodate the vehicles expected to load and unload, but in no case shall a loading space be less than 28 m² in area, less than 3.0 m in width, or have less than 4.0 m in overhead clearance. .2 Access to any loading spaces shall be provided on the lot or from a lane abutting the lot, and arranged such that no backing or turning movement of vehicles going to or from the lot causes interference with traffic on the abutting streets or lanes. 6.3 Development Standards for Parking and Loading Areas All off-street parking spaces shall be subject to the following regulations: 6.3.1 Every off-street parking or loading area containing five (5) or more parking spaces: .1 Shall clearly delineate individual parking spaces, loading spaces, accessible spaces, manoeuvring aisles, entrances, and exits with pavement markings, signs, and/or other physical means. .2 Shall direct surface drainage to approved planting areas or an approved on-site drainage system or to the public storm system in accordance with the Subdivision and Development Bylaw. .3 Shall, except in the case of agricultural zones, public parks and open space use, consist of a durable, dust-free hard surface of concrete, asphalt, grasscrete, or similar material. .4 Shall locate concrete wheel stops where parking spaces abut sidewalks, buildings, streets or landscaped areas. .5 Shall be constructed with surface grades not exceeding 6%. 6.3.2 Every outdoor off-street parking or loading space accommodating ten (10) or more spaces shall incorporate landscaping within the parking area calculated on the basis of 2.0 m2 of landscaped island area per parking and loading space, except for the M1, M2 and M3 zones. This shall be landscaped in accordance with Chapter 5. (Bylaw No. 2025- 09) 6.3.3 Every off-street parking or loading area which is illuminated shall have all lighting positioned towards the ground and in such a manner that light falling onto abutting properties is minimized. 6.4 Off-Street Bicycle Parking 6.4.1 Bicycle Parking Requirements The number of bicycle parking spaces required for uses shall be calculated in accordance with the standards set out in Table 6.4 below. Table 6.4 - Bicycle Parking Requirements Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-7 Use Class 1 Class 2 Office 1 per 150 m2 NFA 1 per 400 m2 NFA Restaurant and Liquor Primary Licensed Premise 1 per 400 m2 NFA 1 per 100 m2 NFA Grocery Store 1 per 200 m2 NFA 1 per 200 m2 NFA Retail Minimum of 5, plus 1 per 200 m2 NFA, to a maximum requirement of 25 Minimum of 5, plus 1 per 200 m2 NFA, to a maximum requirement of 30 Any commercial uses not otherwise listed 1 per 300 m2 NFA, to a maximum requirement of 25 1 per 300 m2 NFA, to a maximum requirement of 30 Public Assembly and Organizations Minimum 4 Minimum 4 Residential Uses (Multiple Housing) 0.5 per dwelling unit 0.1 per dwelling unit 6.4.2 General Requirements .1 Where a proposal is for a new building, or an increase in floor area of an existing building off-street bicycle parking spaces shall be provided for the total building in accordance with Table 6.4. .2 Where calculation of the total number of bicycle parking spaces yields a fractional number, the required number of spaces shall be rounded to the nearest whole number. .3 Where more than one calculation of bicycle parking space requirements is specified for a land use, the greater requirement shall be applied. .4 Where Table 6.4 does not clearly define requirements for a particular permitted use the single use or combination of uses most representative of the proposed permitted use shall be used to determine the parking requirement. Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-8 6.4.3 Development Standards for Bicycle Parking .1 Bicycle Parking, Class 1 shall be located in bicycle lockers, compounds or rooms with lockable doors specifically provided and equipped for bicycle storage. .2 Bicycle Parking, Class 2 shall consist of bicycle parking racks constructed of theft- resistant material, shall be securely anchored to the floor, building, or ground, supporting the bicycle frame above the centre of gravity, and enabling the bicycle frame and front or rear wheel to be locked; and .3 Bicycle racks shall be located in a convenient, well-lit location that is easily located and accessible by visitors and subject to casual surveillance by occupants of the building served by the bicycle rack. .4 Bicycle parking spaces shall be located on a hard surface. .5 For multiple housing developments, where a dwelling unit is designed with and has access to its own garage space, no Class 1 bicycle parking shall be required for that dwelling unit. 6.4.4 (Bylaw No. 2025-09) Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-9 6.5 Parking Requirements The number of parking spaces required for uses shall be calculated in accordance with the standards set out below (i.e. 1 per dwelling unit means 1 parking space per dwelling unit): Table 6.6 - Parking Requirements Use Minimum Parking Space Requirement Loading Space Requirement Agricultural Agri-Tourism 4 per business 0 Alcohol Production Facility 1 per 30 m2 NFA of retail sales/tasting area 0 Commercial Any use in the C5 and C6 zone No parking or loading required Any commercial uses not otherwise listed 1 per 50 m2 NFA 0 Major and Rural Home Residential Occupation 1 per business 0 Health Service 1 per 30 m2 NFA 0 Marina 1 per 2 boat slips 0 Office 1 per 30 m2 NFA 0 Personal Service Establishment 1 per 30 m2 NFA 0 Restaurant 1 per 50 m2 NFA 1 Grocery Store 1 per 30 m2 NFA 1 Tourist Accommodation 1 per sleeping room 1 Convention Facility 1 per 50 m2 NFA 1 Industrial General Industrial Uses or Uses on Industrial Zoned Property 1 per 200 m2 NFA 0 Self Storage and Storage and Warehouse Minimum 5 0 Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-10 Public Assembly and Organizations Assembly 1 per 50 m² NFA 0 Day Care Centre, Minor or Major 1 per 50 m² NFA 0 Extended Care Residence 1 per 4 beds 0 Hospital and Patient Care Service 1 per 4 beds 1 Education Service (Bylaw No. 2025-09) Elementary and Middle School: 2 per classroom Secondary School: 4 per classroom 1 Residential Uses Dwelling Unit in C5 or C6 zone Dwelling Unit in RM5 zone with frontage on Ellis Street 0 per dwelling unit 0 Dwelling Unit in a commercial building (excluding C5 or C6 zones) 1 per dwelling unit 0 Apartment, Townhouse, Cluster Housing 1 per dwelling unit plus 0.2 spaces/unit for visitors 0 Duplex, Live-Work unit 1 per dwelling unit 0 Bed and Breakfast Home 1 per bedroom to a maximum of 3 plus 1 for the required corresponding dwelling unit 0 Boarding House 1 per 2 sleeping rooms plus 2 for the required corresponding principal dwelling unit 0 Congregate Housing 1 per staff dwelling plus 1 per 5 bed spaces 0 Manufactured Home Park 1 per manufactured home space 0 Secondary Suite or Carriage House 0 per accessory suite 0 Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-11 Security / Operator Dwelling 1 per dwelling unit 0 Single Detached Dwelling 1 0 Residential Sales Centre 2 per centre 0 Short Term Rental, High Occupant 1 per licensed bedroom, up to a maximum requirement of 4 parking spaces 0 Non-Market Housing 0.5 per dwelling unit 0 (Bylaw No. 2026-21) 6.6 Electric Vehicle (EV) Ready Charging Requirements 6.6.1 Energized Outlets provided pursuant to this section shall be clearly labelled for their intended future use as electric vehicle charging locations. 6.6.2 The minimum number of required Energized Outlets for Level 2 Charging parking spaces is set out in Table 6.7: Table 6.7 Level 2 Charging Parking Requirements Use/Zone Number of Level 2 Charging Spaces to be Included Single Detached Dwelling, Carriage House, Duplex, Cluster Housing, Multiple Housing and Dwelling Units in Commercial Zones 1 per dwelling unit Commercial, Industrial, Public and Institutional zones Minimum 2, plus 1 for every 5 parking spaces over 10 parking spaces 6.6.3 Despite Section 6.6.2, no Energized Outlet for Level 2 Charging is required when constructing a new dwelling unit within an existing building. 6.6.4 Where one or more accessible parking spaces are required by this bylaw, a minimum 50% of the accessible parking spaces shall feature Energized Outlets for Level 2 Charging or higher. Schedule A Zoning Bylaw No. 2024-22 Chapter 6 - Parking and Loading Page 6-12 6.6.5 The General Manager of Development Services may specify requirements for technical matters, including but not limited to metering and performance standards for Electric Vehicle Energy Management Systems. 6.7 Accessible Parking Requirements 6.7.1 The number of accessible parking spaces required for uses shall be calculated in accordance with Table 6.8, and are considered as part of the required number of parking spaces. 6.7.2 Every subsequent owner or occupier of the property shall maintain the required accessible parking spaces. 6.7.3 Accessible parking spaces shall be as level as practicable, as near as practicable to the building entrance(s) and designed to service those with mobility challenges, including curb ramps. 6.7.4 Every accessible parking space shall be clearly identified with signage. 6.7.5 Accessible parking requirements shall not be eligible for any parking reductions. Table 6.8 Accessible Parking Requirements Total Number of Parking Spaces Provided Number of Accessible Spaces to be Included 0 - 9 0 10 - 20 1 21 - 50 2 51 - 100 3 Over 101 3 + 2% of total spaces over 100 spaces (Bylaw No. 2025-09) Schedule A Zoning Bylaw No. 2024-22 Chapter 7 - Specific Use Regulations Page 7-1 - Specific Use Regulations 7.1 Applicability of Specific Use Regulations 7.1.1 The specific use regulations shall apply to all zones unless otherwise exempted in this Chapter. 7.1.2 Where these regulations may be in conflict with any zone regulations or general regulations, these specific use regulations shall take precedence. 7.2 Bed and Breakfast Home All bed and breakfast homes shall be subject to the following regulations: 7.2.1 A bed and breakfast home, where permitted in a zone shall only be operated as an accessory use within a single detached dwelling, with a maximum 4 sleeping units with accommodation for a maximum of two (2) guests per sleeping unit. 7.2.2 A bed and breakfast home shall not change the residential character or external appearance of the dwelling involved. 7.2.3 The licensed operator of a bed and breakfast home must reside in the dwelling in which the bed and breakfast operation is located. 7.2.4 A bed and breakfast home that has only one (1) sleeping unit for accommodating guests shall be considered as a minor home occupation. 7.3 Minor Home Occupation A minor home occupation shall be subject to the following regulations: 7.3.1 A minor home occupation, where permitted in a zone, shall only be an accessory use. 7.3.2 A minor home occupation may only be conducted within a principal dwelling unit, secondary suite, Carriage House, or accessory building. 7.3.3 No exterior storage or operation of equipment shall be permitted in conjunction with a minor home occupation. 7.3.4 No variation from the residential character and appearance of land or buildings shall be permitted. 7.3.5 No nuisance from noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance shall be produced by the minor home occupation and, at all times, the privacy and enjoyment of adjacent dwellings shall be preserved and the amenities of the neighbourhood shall not be adversely affected. 7.3.6 A minor home occupation shall not generate more than one (1) client visit to the site from which the business is being operated on any given day. Additionally, no more than one (1) commercial vehicle visit per day is permitted. The permitted commercial vehicle visit must be between the hours of 8:00 a.m. and 6:00 p.m. Schedule A Zoning Bylaw No. 2024-22 Chapter 7 - Specific Use Regulations Page 7-2 7.3.7 This use does not include the repair or painting of vehicles, trailers or boats, tow-truck operations, manufacturing and industrial uses, social escort services, cabinet making, welding or machine shops, major care centre, meat cutting, commercial animal breeding, parking or storage of industrial or construction equipment or materials. 7.3.8 No person other than residents of the property on which the minor home occupation is being carried out shall be engaged in the minor home occupation. 7.3.9 The total area of a minor home occupation shall not exceed 25% of the floor area of the dwelling up to a maximum area of 20 m². 7.3.10 General retail sales or display of products not produced on the premises shall not be permitted in a minor home occupation, except for products incidental to the service, agricultural products, mail order sales, telephone or internet sales, goods which the customer does not enter the premises to inspect or pick up. 7.3.11 A minor home occupation sign is permitted according to the provisions of the City Sign Bylaw, as amended from time to time. 7.4 Major Home Occupation A major home occupation shall be subject to the regulations of minor home occupations above, except the following shall apply: 7.4.1 The doors to the accessory building or structure in which the business is located must be closed when the business is being conducted. 7.4.2 A major home occupation shall not exceed 25% of the floor area of the dwelling unit, and in no case shall the combined area of the residence used for the business and an accessory building used for the business exceed 50 m². 7.4.3 One employee who is not a resident of the primary dwelling unit where the major home occupation is located may work at that location 7.4.4 A major home occupation shall not generate more than two (2) client visits at any given time 7.4.5 No more than one major home occupation is permitted per property. 7.5 Rural Home Occupation A rural home occupation shall be subject to the regulations of major home occupation above, except the following shall apply: 7.5.1 Two (2) employees who are not residents of the principal residence may work at that location. 7.5.2 A rural home occupation shall not occupy more than 25% of the floor area of the dwelling unit, and in no case shall the combined area of the principal residence used for the business and the accessory building or structure used for the business exceed 100 m² of floor area. Schedule A Zoning Bylaw No. 2024-22 Chapter 7 - Specific Use Regulations Page 7-3 7.5.3 If there is more than one (1) dwelling on a lot, there may be a rural home occupation use in each dwelling unit provided the total number of clients, employees or floor area permitted for the combined home occupations does not exceed the limits outlined in Section 7.5 of this Bylaw. 7.5.4 A rural home occupation shall not generate more than six (6) client visits at any given time. 7.6 Short Term Rentals 7.6.1 Ownership .1 A short term rental shall not be operated without a valid business license issued by the City of Penticton. .2 A residential dwelling unit subject to Section 7.6 of this Bylaw shall only be rented out by the principal resident of the property in question. 7.6.2 Development Regulations .1 No structural alteration or addition to a dwelling unit to facilitate a short term rental shall be undertaken that alters the existing residential character and form of the dwelling. .2 A minor home occupation sign is permitted according to the provisions of the City Sign Bylaw, as amended from time to time. (Bylaw No. 2026-04) .3 In the case of a property containing a single detached dwelling with an approved secondary suite or approved carriage house, only one dwelling may be used for the purpose of a short term rental. 7.6.3 Operation of Short Term Rental .1 The owner shall ensure that renters do not create any form of nuisance for surrounding residents, including, but not limited to noise, light or traffic that is disruptive to the surrounding residents' quiet enjoyment of their property. .2 A maximum of two (2) persons per bedroom is permitted per short term rental dwelling unit up to eight (8) guests. (Bylaw No. 2026-04) 7.6.4 Parking Requirements .1 Vehicle parking for high occupancy short term rentals shall be provided in accordance with Chapter 6, and shall meet the following regulations: .a The property owner shall ensure that renters park all vehicles within the allocated parking areas on the property. 7.7 Urban Hens The keeping of urban hens shall be subject to the following regulations: 7.7.1 Urban hens are restricted to properties with one single detached dwelling. Schedule A Zoning Bylaw No. 2024-22 Chapter 7 - Specific Use Regulations Page 7-4 7.8 Live Work Units 7.8.1 Live work units may only mix a residential dwelling use with a commercial use listed as a permitted use within the zone that the unit is located 7.8.2 Notwithstanding 7.8.1, the storage or use of toxic, flammable or otherwise harmful materials that would be prohibited in a residential dwelling unit under the BC Fire Code or BC Building Code, is prohibited in a live work unit. 7.8.3 For live work units located at ground level, the commercial component shall make up at least one third (1/3) of the building frontage 7.8.4 The business operated in a live-work unit must be owned and operated by a person living in the dwelling unit portion of the live work unit. 7.8.5 In accordance with Section 55 of the Community Charter, the Chief Building Inspector may require certification from a professional Engineer or Architect that a proposed live-work unit and the building in which the live-work unit is to be located, complies with the BC Building Code and Fire Code. Schedule A Zoning Bylaw No. 2024-22 Chapter 8 - Accessory Suites Regulations Page 8-1 - Accessory Suites Regulations 8.1 Secondary Suite (Bylaw No. 2026-21) All dwelling units with a secondary suite shall be subject to the following regulations: 8.1.1 Limitation of Suites .1 No more than one (1) secondary suite shall be permitted within a dwelling unit. (Bylaw No. 2026-21) 8.1.2 Sewer Service .1 No secondary suite will be allowed without connection to a community sewer system unless the lot area is at least 830 m² and meets the requirements of the sewage system regulation under the Public Health Act. (Bylaw No. 2026-21) 8.1.3 Strata Titles .1 A secondary suite may not be sited or located on a separate titled parcel from the principal residence or be created as a strata lot within the dwelling unit. (Bylaw No. 2026-21) 8.1.4 Amenity Space .1 A minimum of 5 m2 of amenity space, outdoor shall be provided individually for the secondary suite. (Bylaw No. 2026-21) 8.2 Carriage Houses 8.2.1 Limitation of Carriage Houses .1 In the A, FG, and RC zones only one (1) carriage house shall be permitted per property and shall not be allowed in conjunction with a secondary suite in a principal dwelling. .2 A carriage house shall not be situated on a lot unless the principal dwelling, to which it is accessory, has already been constructed or will be constructed simultaneously. 8.2.2 Strata Titles .1 A carriage house shall not be sited or located on a separate titled parcel from the principal residence or be created as a strata lot. 8.2.3 Development Regulations .1 Minimum lot area: 1 ha for lots without connection to a municipal sewer system. (Bylaw No. 2025- 09) Schedule A Zoning Bylaw No. 2024-22 Chapter 8 - Accessory Suites Regulations Page 8-2 .2 Maximum building footprint for rural zones: .a FG (Forestry/Grazing) .b A (Agriculture) .c RC (Country Residential) 150 m2, or 15% of the lot area, whichever is less. .3 (Bylaw No. 2026-21) (Bylaw No. 2026-21) .4 Maximum height for rural zones: .a FG (Forestry/Grazing) .b A (Agriculture) .c RC (Country Residential) 7.0 m and two storeys. .5 Maximum height for urban residential zones: .a R4-L (Small-Scale Multi-Unit Residential: Large Lot) .b R4-S (Small-Scale Multi-Unit Residential: Small Lot) .i Where a carriage house is accessed from a lane or is located on a double fronting lot, maximum height is 7.0 m and two storeys. .ii Where no lane exists, the maximum height is 5.0 m and one storey. .6 Setbacks The setbacks for a carriage house shall meet the setback provisions for a principal dwelling for the zone in which the subject property is located, except the rear yard setback shall be 1.5 m in all zones. .7 Siting in rural zones: .a FG (Forestry/Grazing) .b A (Agriculture) .c RC (Country Residential) A carriage house may be located anywhere on the parcel, subject to setback requirements. .8 Siting in urban residential zones: .a R4-L (Small-Scale Multi-Unit Residential: Large Lot) .b R4-S (Small-Scale Multi-Unit Residential: Small Lot) A carriage house shall be located no closer to the front lot line than the principal dwelling. .9 Minimum amenity space, outdoor A minimum of 5 m2 of amenity space, outdoor shall be provided for the carriage house. (Bylaw No. 2026-21) .10 Overlook in urban residential zones: .a R4-L (Small-Scale Multi-Unit Residential: Large Lot) .b R4-S (Small-Scale Multi-Unit Residential: Small Lot) A carriage house shall not include any decks, balconies, or roof top patios. Schedule A Zoning Bylaw No. 2024-22 Chapter 8 - Accessory Suites Regulations Page 8-3 .11 Maximum Carriage House Floor Area for rural zones: .a FG (Forestry/Grazing) .b A (Agriculture) .c RC (Country Residential) 150 m2 .12 Maximum Carriage House Floor Area for urban residential zones: .a R4-L (Small-Scale Multi-Unit Residential: Large Lot) .b R4-S (Small-Scale Multi-Unit Residential: Small Lot) 135 m2 .13 Privacy In the case of a carriage house having windows on a side yard within 1.5 m of another property, all windows on that building face must be opaque. 8.2.4 Conversion of Pre-Existing Buildings .1 Notwithstanding Section 8.2.3.6 of this Bylaw, in the case of a pre-existing, legally constructed accessory building being converted into a carriage house, the setbacks shall be the existing setbacks. .2 Any additions or alterations to the building shall comply with the setbacks as listed in Section 8.2.3.6 of this Bylaw. 8.2.5 Access .1 At a minimum, a dedicated, unobstructed, hard surfaced path of 1.2 m in width must be provided, linking the carriage house to the street frontage on the property. (Bylaw No. 2025-09) 8.2.6 (Bylaw No. 2026-21) 8.3 (Bylaw No. 2026-21) 8.4 Flex Units 8.4.1 Limitation of Suites .1 Flex units are limited to a maximum floor area of 40% of the total net floor area of the principal residence, up to a maximum of 150m2. 8.4.2 Strata Title .1 A flex unit may not be sited or located on a separate titled parcel from the principal unit or be created as a strata lot within the principal unit. Schedule A Zoning Bylaw No. 2024-22 Chapter 8 - Accessory Suites Regulations Page 8-4 8.4.3 Notwithstanding Section 4.9 of this Bylaw, stairs, balconies and architectural projections that do not constitute greater than 25% of the face of the front elevation, may project 2.5 m into the required front yard or exterior side yard. 8.5 Security Operator Dwelling Units 8.5.1 A security/operator dwelling unit shall not exceed a gross floor area of 100 m2. Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-1 - Rural Zones 9.1 FG - Forestry and Grazing PURPOSE The purpose of this zone is to provide for forestry and grazing areas. 9.1.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 agricultural farm help dwelling .3 agricultural use .4 animal clinic .5 animal kennels and stable .6 carriage house (subject to accessory suites regulation 8.2) .7 forestry .8 municipal solid waste facility .9 one single detached dwelling .10 rural home occupation (subject to specific use regulation 7.5) .11 secondary suite (subject to accessory suites regulation 8.1) .12 short term rental (subject to specific use regulation 7.6) 9.1.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: N/A .2 Minimum lot area: 16 ha Development Regulations: .3 Maximum lot coverage: 10% .4 Maximum height: .a principal building .b accessory building or structure 12.0 m 13.5 m .5 Minimum front yard: 10.0 m .6 Minimum side yard: .a interior side yard .b exterior side yard 4.5 m 4.5 m .7 Minimum rear yard: 9.0 m 9.1.3 OTHER REGULATIONS .1 Where a parcel is zoned FG and is less than 0.4 ha in area, the lot coverage, setbacks and height requirements of the RC zone shall apply in place of those contained in Section 9.1.2 of this Bylaw. Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-2 .2 Necessary agricultural farm help dwellings are limited to one (1) unit on a property of at least 2 ha or more. 9.1.4 SITE SPECIFIC PROVISIONS .1 In the case of Lot 1, District Lots 190 and 2710, Similkameen Division Yale District Plan KAP74449, Except Plans EPP88237, EPP106349 and EPP106355, located at 3228 Evergreen Drive, two single family residences and a 20 room tourist accommodation resort with a maximum floor area of 1850m2 shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-3 9.2 A - Agriculture PURPOSE The purpose of this zone is to provide for appropriate development within rural areas and to allow agricultural uses as well as other complementary uses suitable in an agricultural setting, while protecting these uses from intrusion of uses not compatible with farm operations. 9.2.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 agricultural use .3 agricultural farm help dwelling .4 animal kennels and stable .5 bed and breakfast home (subject to specific use regulation 7.2) .6 cannabis production facility .7 carriage house (subject to accessory suites regulation 8.2) .8 forestry .9 indoor animal day care and grooming .10 rural home occupation (subject to specific use regulation 7.5) .11 secondary suite (subject to accessory suites regulation 8.1) .12 one single detached dwelling .13 short term rental (subject to specific use regulation 7.6) 9.2.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 20% of lot depth .2 Minimum lot area: 2.0 ha Development Regulations: .3 Maximum lot coverage: .a residential buildings .b including agricultural structures .c including agricultural greenhouses with closed wastewater and storm water management, and re-circulating irrigation systems 10% 35% 75% .4 Maximum height: .a principal building .b accessory building .c agricultural structure 12.0 m 13.0 m 16.0 m .5 Minimum front yard: 9.0 m .6 Minimum interior side yard: 4.5 m .7 Minimum exterior side yard: 9.0 m .8 Minimum rear yard: 9.0 m Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-4 .9 Maximum combined building footprint of all residential accessory buildings: 200 m2 9.2.3 MINIMUM SEPARATION DISTANCES .1 Minimum distance between agricultural structures and uses and a natural watercourse boundary, domestic water supply or well, on or off site, shall be 15.0 m, unless required otherwise below: Separation Distances Urban Area Boundary Natural Watercourse Property Line .a Intensive impact agriculture 60.0 m 30.0 m 30.0 m .b All farm structures using exhaust fans N/A 15.0 m 15.0 m .c On-farm composting 30.0 m 30.0 m 30.0 m .d Agricultural waste storage 30.0 m 30.0 m 30.0 m .e Tree, vine, field and forage crops 7.5 m 15.0 m N/A .f Apiculture 15.0 m 15.0 m N/A .g Chemical storage structure 15.0 m 15.0 m N/A .h Field storage N/A 30.0 m N/A 9.2.4 MAXIMUM GROSS FLOOR AREAS FOR SPECIFIC USES .1 The following uses are subject to maximum gross floor areas: .a farm garden stand: 150 m2 .b farm retail sales area: 300 m2 .c winery and cidery the area devoted to food and beverage service shall not exceed: 125 m2 indoors, and 125 m2 outdoors 9.2.5 OTHER REGULATIONS .1 Necessary agricultural farm help dwellings are limited to one (1) unit on a property of at least 2 ha or more. .2 Temporary dwelling unit: A second dwelling unit, in addition to the existing single detached dwelling unit, may be constructed on the same lot, subject to the following: .a The parcel must have a minimum area of 0.4ha; Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-5 .b The owner of the lot must first grant and register a restrictive covenant to the City stating that the original (existing) single detached dwelling must be demolished and removed, made uninhabitable or moved from the lot. .3 Recreational Vehicle Storage: Only recreational vehicles belonging to the owner or occupier of the principal single detached dwelling unit on a lot may be stored on the same lot. .4 Where a lot legally exists at the time of adoption of this Zoning Bylaw and is zoned A and is less than 0.4 ha in area, the lot coverage, setbacks and height requirements of the RC zone shall apply in place of A zone. .5 Where a parcel is situated within an Agricultural Land Reserve (ALR) and a subdivision has been approved by the Agricultural Land Commission which does not increase the number of land registry parcels for the land concerned, the parcel is exempt from the minimum lot area requirement. .6 Where a lot is situated within an Agricultural Land Reserve (ALR) and a subdivision has been approved by the Agricultural Land Commission, creating no more than one (1) additional lot in the ALR, both parcels are exempt from the minimum lot area requirement. .7 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or A (Agriculture) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 9.2.6 SITE SPECIFIC PROVISIONS In addition to the permitted uses above: .1 In the case of Lot 1, Plan 29729, DL 190, LD 54, SDYD, located at 4560 Valleyview Road, a farm inn, being a self-contained building with a maximum of 4 sleeping rooms, intended to provide temporary accommodation to the travelling public, shall be permitted. .2 In the case of Lot 1, DL 369, Plan 22517, located at 1379 Riddle Road, a vacation cottage, being a self-contained building with a maximum size of 82 m2 that is intended for short-term short term rental by the travelling public, shall be permitted. .3 In the case of Lot 104A, DL 199, 205, 672, Plan 307, except Plan B487, Pcl B on Plan A 203, located at 1175 Chapman Road, tourist accommodation, being the use of a single detached dwelling for the accommodation of the travelling public in a maximum of 4 suites, without cooking equipment, where the room rate includes breakfast served on the premises, shall be permitted. .4 In the case of a portion of the remainder of DL 196 except plans B6706, M9351, 3980, 6394, 8025, 8529, 9167, 11805, 14079, 14454 and 20784, located at 4650 Lakeside Road as shown as the hatched area in the drawing below, a public parking lot shall Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-6 be permitted and where the parking area is not required to be hard surfaced, lighted nor drained. .5 In the case of Lot 148, District Lot 187, SDYD, Plan 450 located at 1056 Corbishley Avenue, agri-tourism accommodation on a farm, shall be permitted. .6 In the case of Lot 128, District Lot 204, SDYD, Plan 450 located at 1291 Corbishley Avenue, agri-tourism accommodation on a farm, shall be permitted. .7 In the case of Lot 3, District Lot 187, SDYD, Plan 23377, located at 468 Lower Bench Road, an additional short term rental suite, shall be permitted. .8 In the case of Lot 6, District Lot 155, SDYD, Plan 306, Except Plan 21731 located at 398 Upper Bench Rd. South, Contractor Services, General, shall be permitted subject to the following conditions: .a That the non-farm use be limited to a landscaping business; and .b That the storage of heavy machinery be limited to not more than 5% of the property and be screened from view from Upper Bench Rd. and neighbouring properties. (Please also refer to site specific provision 9.2.6.13) .9 In the case of Parcel B (DD28224F), Plan B1152 of Block C DL204, Similkameen Division Yale District, Plan 305 Except Part on Plan 35371, located at 948 Naramata Road, a Craft Brewery/Distillery, shall be permitted. .10 In the case of Lot 3, District Lot 187, Similkameen Division Yale District, Plan 23377, located at 468 Lower Bench Road, a 20 suite hotel and operator dwelling unit shall be permitted and, notwithstanding section 9.2.2 Subdivision and Development Regulations, a maximum parcel coverage of 35% for all buildings is permitted. .11 In the case of Lot 206, DL587, SDYD, Plan 466, located at 3550 Valleyview Road, agri-tourism accommodation shall be permitted. .12 In the case of Lot B, DL187, SDYD, Plan 38091, located at 856 Carder Road, agri- tourism accommodation, with a maximum of six (6) sleeping units, shall be permitted. Figure 14 - Location of Public Parking Lot at 4650 Lakeside Road Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-7 .13 In the case of Lot 6, District Lot 155 Similkameen Division Yale District Plan 306 Except Plan 21731, located at 398 Upper Bench Road South, a carriage house and a bed and breakfast home shall be permitted. (Please also refer to site specific provision 9.2.6.8) .14 In the case of Lot 2 District Lot 587 Similkameen Division Yale District Plan 15877 Except Plans 20013 and 20826, located at 3810 Valleyview Road, agri-tourism accommodation is a permitted use with a maximum of three (3) sleeping units. .15 In the case of Lot 4 District Lot 204 Similkameen Division Yale District Plan 16456, located at 510 Naramata Road, one agri-tourism accommodation in a carriage house shall be permitted. (Bylaw No. 2026-22) Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-8 9.3 RC - Country Residential Housing PURPOSE The purpose is to provide a zone for low-density single detached housing on large rural lots. 9.3.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 agricultural use .3 bed and breakfast home (subject to specific use regulation 7.2) .4 carriage house (subject to accessory suites regulation 8.2) .5 major home occupation (subject to specific use regulation 7.4) .6 minor home occupation (subject to specific use regulation 7.3) .7 one single detached dwelling .8 rural home occupation (subject to specific use regulation 7.5) .9 secondary suite (subject to accessory suites regulation 8.1) .10 short term rental (subject to specific use regulation 7.6) 9.3.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 45 m .2 Minimum lot area: 0.4 ha Development Regulations: .3 Maximum lot coverage: 15% .4 Maximum height: .a principal building .b accessory building or structure 11.0 m and 3 storeys above approved grade (Bylaw No. 2025- 09) 5.0 m .5 Minimum front yard: 9.0 m .6 Minimum side yard: .a interior side yard .b exterior side yard 4.0 m 6.0 m .7 Minimum rear yard: 6.0 m .8 Maximum combined building footprint of all residential accessory buildings: 200 m2 9.3.3 SITE SPECIFIC PROVISIONS In addition to the permitted uses above: .1 In the case of Lots 1 - 10, Plan KAS2711, located at 112 Penrose Court and Lot 1 KAP 73860: .a Instead of the uses and regulations listed within the RC zone, the following uses are permitted and the following regulations apply: .i single detached dwelling Schedule A Zoning Bylaw No. 2024-22 Chapter 9 - Rural Zones Page 9-9 .ii major home occupation (subject to specific use regulation 7.4) .iii accessory use, building or structure .b SUBDIVISION AND DEVELOPMENT REGULATIONS .i Minimum lot width: 45 m .ii Minimum lot area: 0.4 ha .iii Maximum lot coverage: 15% .iv Maximum height: i. principal building ii. accessory building or structure 10.5 m 5.0 m .v Parent parcel requirements: i. minimum front yard ii. minimum side yard a. interior side yard b. exterior side yard iii. minimum rear yard 10.0 m 4.0 m 6.0 m 7.5 m .2 In the case of Sub Lot 10 District Lot 2711 Similkameen Division Yale District Plan 1190, located at 1530 Reservoir Road, notwithstanding section 9.3.2.5, the minimum front yard shall be 4.5m. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-1 - Urban Residential Zones 10.1 R4-L - Small-Scale Multi-Unit Residential: Large Lot PURPOSE The purpose is to provide a zone for small-scale, multi-unit residential developments including single detached dwellings, secondary suites, carriage houses, duplexes, townhouses and small apartments allowing up to 4 units on larger-sized urban serviced lots. 10.1.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 carriage house (subject to accessory suites regulation 8.2) .4 congregate housing .5 one or more back-to-back duplexes, side-by-side duplexes, or stacked duplexes .6 (Bylaw No. 2026-21) .7 major home occupation (subject to specific use regulation 7.4) .8 minor home occupation (subject to specific use regulation 7.3) .9 one or more single detached dwellings .10 secondary suite (subject to accessory suites regulation 8.1) .11 short term rental (subject to specific use regulation 7.6) .12 townhouse 10.1.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: .a standard lot .b corner lot 16 m 18 m .2 Minimum lot area: 560 m2 Development Regulations: .3 Maximum lot coverage: 40% .4 Maximum density: 4 dwelling units .5 Maximum height: .a principal building .b accessory building or structure 11.0 m and 3 storeys above approved grade 4.5 m .6 Minimum front yard (subject to general development regulation 4.2.6): .a except lots fronting Lakeshore Drive West: 4.5 m 9.0 m Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-2 .7 Minimum interior side yard: .a principal building .b accessory building or structure 1.5 m 1.2 m .8 Minimum exterior side yard: .a principal building .b accessory building or structure 3.0 m 1.2 m .9 Minimum rear yard: .a principal building .b accessory building or structure 6.0 m 1.5 m .10 Maximum combined building footprint of all accessory buildings: 75 m² 10.1.3 OTHER REGULATIONS .1 Where a rear lane is provided, vehicular access must be from the rear lane. .2 A clear, unobstructed, hard-surfaced, and maintained pedestrian access at least 1.2 m in width, must be provided from the front of the lot to the main entry of each dwelling unit. .3 A major home occupation shall only be permitted within a single detached dwelling or accessory building and on lots containing no more than two dwelling units. 10.1.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 10 m2 for each dwelling unit. (Bylaw No. 2026-21) .2 25% of required amenity space must be provided at the ground floor level. .3 A maximum of 20% of the required amenity space may be provided as amenity space, indoor. 10.1.5 SITE SPECIFIC PROVISIONS In addition to the permitted uses above: .1 A bed and breakfast home shall be permitted on the following lots: .a Lot 2, Plan 26294, located at 185 Middle Bench Road South; .b Lot 1, Plan 31303, located at 2510 Dartmouth Drive; .c Lot 1, District Lot 116 SDYD Plan 19512 Except Plan 29643, located at 168 Kirkpatrick Avenue; .d (Bylaw No. 2025-32) .2 In the case of Lot 10 DP 196 SDYD Plan 25110, located at 4596 Lakeside Road, the keeping of not more than 3 horses, shall be permitted. .3 (Bylaw No. 2025-32) .4 In the case of Lot 1, District Lot 189 Similkameen Division Yale District, Plan 18867, located at 96 Yorkton Avenue, a day care centre, major, shall be permitted and hours of operation are restricted to 6:00 a.m. - 7:00 p.m. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-3 .5 In the case of Lot 2, District Lot 115, SDYD, Plan 14604, located at 1786 Fairford Drive, a carriage house with vehicular access from a street is permitted in conjunction with a secondary suite in the principal dwelling. .6 (Bylaw No. 2025-32) Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-4 10.2 R4-S - Small-Scale Multi-Unit Residential: Small Lot PURPOSE The purpose is to provide a zone for small-scale, multi-unit residential developments including single detached dwellings, secondary suites, carriage houses, duplexes, townhouses and small apartments allowing up to 4 units on smaller-sized urban serviced lots. 10.2.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 carriage house (subject to accessory suites regulation 8.2) .4 congregate housing .5 one or more back-to back duplexes, side-by-side duplexes, or stacked duplexes .6 (Bylaw No. 2026-21) .7 major home occupation (subject to specific use regulation 7.4) .8 minor home occupation (subject to specific use regulation 7.3) .9 one or more single detached dwellings .10 secondary suite (subject to accessory suites regulation 8.1) .11 short term rental (subject to specific use regulation 7.6) .12 townhouse 10.2.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: .a standard lot .b corner lot 9.1 m 10.5 m .2 Minimum lot area: 280 m² Development Regulations: .3 Maximum lot coverage: 50% .4 Maximum density: 4 dwelling units .5 Maximum height: .a principal building .b accessory building or structure 11.0 m and 3 storeys above approved grade 4.5 m .6 Minimum front yard (subject to general development regulation 4.2.6): 4.5 m .7 Minimum interior side yard: .a principal building .b accessory building or structure 1.5 m 1.2 m .8 Minimum exterior side yard: .a principal building .b accessory building or structure 3.0 m 1.2 m .9 Minimum rear yard: Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-5 .a principal building .b accessory building or structure 6.0 m 1.5 m .10 Maximum combined building footprint of all accessory buildings: 75 m² 10.2.3 OTHER REGULATIONS .1 Where a rear lane is provided, vehicular access must be from the rear lane. .2 A clear, unobstructed, hard-surfaced, and maintained pedestrian access, at least 1.2m in width, must be provided from the front of the lot to the main entry of each dwelling unit. .3 A major home occupation shall only be permitted within a single detached dwelling or accessory building and on lots containing no more than two dwelling units. 10.2.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 10 m2 for each dwelling unit. (Bylaw No. 2026-21) .2 25% of required amenity space must be provided at the ground floor level. .3 A maximum of 20% of the required amenity space may be provided as amenity space, indoor. 10.2.5 SITE SPECIFIC PROVISIONS In addition to the permitted uses above: .1 A bed and breakfast home shall be permitted on the following lots: .e (Bylaw No. 2025-32) .f Lot 1 District Lot 4 Group 7 Similkameen Division Yale (Formerly Yale- Lytton) District Plan 35081, located at 434 Lakeshore Drive West. .g Lot B District Lot 2710 Similkameen Division Yale District Plan EPP109914, located at 1112 Syer Road. (Bylaw No. 2024-44) .2 In the case of Lot B, District Lot 115, Similkameen Division Yale District, Plan KAP49954, located at 187 Wyles Crescent, a day car centre, major up to 25 children, shall be permitted, with hours of operation restricted to 7:00 a.m. to 6:00 p.m. .3 (Bylaw No. 2025-32) .4 In the case of Lot 3, District Lot 4 Similkameen Division Yale (Formerly Yale-Lytton) Plan 2580, located at 264 Wade Avenue West, an office, shall be permitted. .5 (Bylaw No. 2025-32) .6 (Bylaw No. 2025-32) Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-6 10.3 RM1 - Bareland Strata Housing PURPOSE The purpose is to provide a zone for residential single-family bareland strata developments on urban services. 10.3.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 (Bylaw No. 2026-21) .3 minor home occupation (subject to specific use regulation 7.3) .4 one or more duplexes .5 one or more single-family dwellings .6 secondary suite (subject to accessory suites regulation 8.1) .7 short term rental (subject to specific use regulation 7.6) .8 townhouse 10.3.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum parent parcel width: 40 m .2 Minimum parent parcel area: 6000 m2 Development Regulations: .3 Maximum parent parcel density: 40 dwellings/ha .4 Parent parcel requirements: .a Minimum front yard .b Minimum side yard .i interior side yard .ii exterior side yard .c Minimum rear yard 4.5 m 4.5 m 4.5 m 4.5 m .5 Maximum strata lot coverage: .a (Bylaw No. 2026-21) .b (Bylaw No. 2026-21) 50% (Bylaw No. 2026-21) (Bylaw No. 2026-21) (Bylaw No. 2026-21) .6 Maximum height: .a principal building .b accessory building or structure 8.5 m 5.0 m 10.3.3 SITE SPECIFIC PROVISIONS .1 In the case of Lot 2, District Lots 2710 and 3821S, Similkameen Division Yale District, Plan 26850, located at 1760 Carmi Avenue, townhouses are not permitted. .2 In the case of Lot A District Lot 2710 Similkameen Division Yale District Plan EPP108577, located at 2990 Partridge Drive (formerly known as 2990, 2995 and 3000 Partridge Drive), duplexes and townhouses shall not be permitted, and the maximum building height for principal buildings shall be 10.5m. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-7 .3 In the case of Lot B District Lot 2710 Similkameen Division Yale District Plan 43260 Except Plans KAP72732 and EP74771 and Lot A District Lot 2710 Similkameen Division Yale District Plan KAP70035, located at 850 Wiltse Boulevard and 160 Crow Place, townhouses and duplexes shall not be permitted, and the maximum building height for principal buildings shall be 10.5m. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-8 10.4 RM2 - Low Density Multiple Housing PURPOSE The purpose is to provide a zone for low density multiple housing up to three (3) storeys above grade on urban services. 10.4.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 cluster housing .4 congregate housing .5 day care centre, major .6 minor home occupation (subject to specific use regulation 7.3) .7 short term rental (subject to specific use regulation 7.6) .8 townhouse .9 secondary suite (subject to accessory suites regulation 8.1) (Bylaw No. 2025-09) 10.4.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: .a standard lot .b corner lot 18 m 19.5 m .2 Minimum lot area: 540 m2 Development Regulations: .3 Maximum lot coverage: 50% (Bylaw No. 2026-21) .4 Maximum density: 1.0 FAR (Bylaw No. 2026- 21) .5 Maximum height: .a principal building .b accessory building or structure 12 m 4.5 m .6 Minimum front yard (subject to general development regulations 4.2.6): .a except lots fronting Lakeshore Drive West: 3.0 m 9.0 m .7 Minimum interior side yard: .a principal building .i (Bylaw No. 2026-21) .b accessory building or structure 1.5 m (Bylaw No. 2026-21) (Bylaw No. 2026-21) 1.2 m .8 Minimum exterior side yard .a principal building .b accessory building or structure 4.5 m 1.2 m Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-9 .9 Minimum rear yard 6.0 m 10.4.3 OTHER REGULATIONS .1 In cases where a dwelling unit faces the back of the lot, a clear, unobstructed and maintained access from the front of the property to the back unit at least 1.2 m in width, must be provided. .2 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or RM2 (Low Density Multiple Housing) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 10.4.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 10 m2 for each dwelling unit. (Bylaw No. 2026-21) .2 25% of the required amenity space must be provided at the ground floor level. .3 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. 10.4.5 SITE SPECIFIC PROVISIONS .1 In the case of Lot 2, District Lot 116, Similkameen Division Yale District, Plan 9696, located at 2922 Wilson Street, the maximum density shall be 0.92 FAR. .2 In the case of Lot 1, District Lot 4, Group 7, Similkameen Division Yale District, Plan 2689, located at 476 Lakeshore Drive West, the maximum density shall be 0.85 FAR. .3 In the case of Lot 24, Group 7, Similkameen Division Yale (Formerly Yale-Lytton) District, Plan 932, located at 337 Hastings Avenue, the following regulations shall apply: .a Minimum lot width of 14.6m; .b Maximum Density, Floor Area Ratio (FAR) of 0.90; .c Maximum Lot Coverage of 48%; .d Maximum Building Height of 7.0m; .e Minimum Interior Side Yard of 1.6m; and .f Waive the requirement for one (1) visitor parking space. .4 In the case of Lot 1 District Lot 4 Group 7 Similkameen Division Yale (Formerly Yale-Lytton) District Plan 2444, located at 452 Lakeshore Drive West, a maximum of four (4) dwelling units are permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-10 .5 In the case of Lot 3 District Lots 202 and 249 Similkameen Division Yale District Plan 3350, located at 533 Forestbrook Drive, a maximum of four (4) dwelling units shall be permitted. .6 In the case of Lot B District Lot 2710 Similkameen Division Yale District Plan 43260 Except Plans KAP72732 and EP74771 and Lot A District Lot 2710 Similkameen Division Yale District Plan KAP70035, located at 850 Wiltse Boulevard and 160 Crow Place (adjacent to Hawthorn Drive cul-de-sac), apartments shall not be permitted, and principal building height is limited to three (3) storeys. .7 In the case of Lot A, District Lot 3 Group 7 SDY (Formerly Yale-Lytton) District Plan KAP74500, except Plan KAP89094, located at 1050 Churchill Avenue, a bed and breakfast home, shall be permitted. (Bylaw No. 2025-32) .8 In the case of Lot A, District Lot 3, SDYD, Plan KAP74500, located at 1050 Churchill Avenue, an Emergency Shelter, shall be permitted. (Bylaw No. 2025-32) .9 In the case of Lot 1, District Lot 4, Group 7, SDY (Formerly Yale-Lytton) District, Plan 26701, located at 396 Lakeshore Drive West, a bed and breakfast home, shall be permitted. (Bylaw No. 2025-32) .10 In the case of Lot 6, District Lot 202, Similkameen Division Yale District, Plan 804, located at 633 Winnipeg Street, congregate housing, subject to conformance with the Community Care and Assisted Living Act for a maximum of 12 residents, excluding staff, shall be permitted. (Bylaw No. 2025-32) .11 In the case of Lot 10, Block 32, District Lot 202, SDYD, Plan 269, located at 125 Eckhardt Avenue East, assembly and office uses, shall be permitted. (Bylaw No. 2025-32) .12 In the case of Strata Plans EPS5000, EPS4999, EPS5614 and EPS5613, located at 765 Ontario Street, 769 Ontario Street, 777 Ontario Street, and 781 Ontario Street, two dwelling units, with vehicular access from the street shall be permitted. (Bylaw No. 2025-32) .13 In the case of Lot 2 District Lot 2 Group 7 Similkameen Division Yale District (Formerly Yale-Lytton) District Plan 3520, located at 680 Westminster Avenue West, the maximum density shall be 0.94 FAR. (Bylaw No. 2026-06) Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-11 10.5 RM3 - Medium Density Multiple Housing PURPOSE The purpose of this zone is to provide a zone for medium density multiple housing up to six (6) storeys above grade on urban services. 10.5.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 congregate housing .4 day care centre, major .5 extended care residence .6 minor home occupation (subject to specific use regulation 7.3) .7 short term rental (subject to specific use regulation 7.6) .8 townhouse .9 secondary suite (subject to accessory suites regulation 8.1) (Bylaw No. 2025-09) 10.5.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 25 m .2 Minimum lot area: 1400 m2 Development Regulations: .3 Maximum lot coverage: 50% .4 Maximum density: 1.6 FAR .5 Maximum height: .a principal building .b accessory building or structure 24 m 4.5 m .6 Minimum front yard (subject to general development regulation 4.2.6): .a except lots fronting Lakeshore Drive West: 3.0 m 9.0 m .7 Minimum interior side yard: 4.5m .8 Minimum exterior side yard: 4.5 m .9 Minimum rear yard: 6.0 m 10.5.3 AMENITY SPACE .1 Amenity space shall be provided at the rate of 10 m2 for each dwelling unit. (Bylaw No. 2026-21) .2 25% of the required amenity space must be provided at the ground floor level. .3 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. 10.5.4 OTHER REGULATIONS Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-12 .1 A maximum of 60% of the lot shall be covered with hard surfacing, including buildings, structures, parking areas, driveways, walkways, patios and similar construction. 10.5.5 SITE SPECIFIC PROVISIONS .1 In the case of Lot A, District Lot 4, Group 7, Similkameen Division Yale (Formerly Yale Lytton) District, Plan KAP77551, located at 453 Winnipeg Street, office, shall be permitted. .2 In the case of Lot E, District Lot 4, Group 7, Similkameen (Formerly Yale Lytton) Division Yale District, Plan 502, Except Plan B4474, located at 232 Wade Avenue, parking shall be permitted. .3 In the case of consolidated Lot C District Lot 3 Group 7 Similkameen Division Yale (Formerly Yale-Lytton) District Plan 3072, located at 914 Churchill Avenue, Lot 5 District Lot 3 Group 7 Similkameen Division Yale (Formerly Yale-Lytton) District Plan 929, located at 920 Churchill Avenue, and Lot 6 District Lot 3 Group 7 Similkameen Division Yale (Formerly Yale-Lytton) District Plan 929, located at 926 Churchill Avenue, the maximum density shall be 1.98 FAR. .4 (Bylaw No. 2025-23) .5 In the case of Lot 2 District Lot 116 Similkameen Division Yale District Plan EPP70049, located at 235 Yorkton Avenue, the maximum density shall be 1.7 FAR, and accessory restaurant, office and retail store uses shall be permitted with a maximum combined gross floor area of 375m 2. (Bylaw No. 2025-07) .6 In the case of Lot A District Lot 366 Similkameen Division Yale District Plan EPP144340, located at 995 Eckhardt Avenue West, an increase to the Floor Area Ratio (FAR) from 1.6 to 1.73 is permitted. (Bylaw No. 2026-09) .7 In the case of Lot 2 District Lot 336 Similkameen Division Yale District Plan 7531, located at 251 Comox Street, the maximum density shall be 1.7 FAR. In the case of Lot 2 District Lot 366 Similkameen Division Yale District Plan 7247, located at 997 Westminster Avenue West, and Lot 1 District Lot 366 Similkameen Division Yale District Plan 7247, located at 998 Burnaby Avenue, a private parking lot shall be permitted. (Bylaw No. 2026-16) Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-13 10.6 RM4 - High Density Multiple Housing PURPOSE The purpose is to provide a zone for high-density mid-rise apartments up to eight (8) storeys above grade on urban services. 10.6.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 congregate housing .4 day care centre, major .5 extended care residence .6 minor home occupation (subject to specific use regulation 8.4) .7 short term rental (subject to specific use regulation 7.6) 10.6.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30 m .2 Minimum lot area: 2000 m2 Development Regulations: .3 Maximum lot coverage: 75% .4 Maximum density: 2.0 FAR .5 Maximum height: .a principal building 27 m .6 Minimum front yard: .a except lots fronting Lakeshore Drive West: 3.0 m 9.0 m .7 Minimum interior side yard: 4.5m .8 Minimum exterior side yard: 6.0 m .9 Minimum rear yard: 6.0 m 10.6.3 AMENITY SPACE .1 Amenity space shall be provided at the rate of 10 m2 for each dwelling unit. (Bylaw No. 2026-21) .2 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. 10.6.4 OTHER REGULATIONS .1 Townhouse units within an apartment use may be permitted on the first floor along a street frontage. .2 A maximum of 85% of the lot shall be covered with hard surfacing, including buildings, structures, parking areas, driveways, walkways, patios and similar construction. 10.6.5 SITE SPECIFIC PROVISIONS Instead of the uses and regulations listed above: Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-14 .1 In the case of Strata Plan KAS2716, located at 100 Lakeshore Drive West, 160 Lakeshore Drive West, and 75 Martin Street, the following regulations apply: SUBDIVISION AND DEVELOPMENT REGULATIONS .a Maximum height: .i principal building 46.0m .b Minimum front yard: 6.0 m .c Minimum rear yard: 9.0 m .2 In the case of Strata Plan KAS3830, located at 2113 Atkinson Street and 2125 Atkinson Street, the following regulations apply: .a Maximum height: .i principal building .ii accessory building or structure 30.5 m 5 m .b Street setbacks: principal building .i Atkinson Street .ii Warren Avenue accessory building .i Atkinson Street .ii Warren Avenue 7.6 m 7.6 m 4.2 m 6.1 m .c Yard setbacks: principal building .i west side yard .ii south side yard accessory building .i west side yard .ii south side yard 7.6 m 7.6 m 5.0 m 5.0 m .d Notwithstanding Chapter 6, off street parking requirements are as follows:: .i bachelor dwelling unit .ii 1 bedroom dwelling unit .iii 2 bedroom dwelling unit .iv 3 bedroom dwelling unit and greater .v Up to 25% of total required parking spaces may be designated for small car use 1.0 per unit 1.5 per unit 1.5 per unit 2.0 per unit .e An accessory building containing common facilities for private use by residents shall conform to the setback requirements identified in Section 10.11.5.2.b and 10.11.5.2.c of this Bylaw. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-15 10.7 RM5 - Urban Residential PURPOSE The purpose is to provide a zone for medium to high density multiple housing with lock-off flex units accommodating small scale commercial space or additional dwelling units, up to four (4) storeys above grade on urban services around the periphery of the downtown. 10.7.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 duplex .4 dwelling unit .5 flex unit (subject to accessory suites regulation 8.4) .6 minor home occupation (subject to specific use regulation 7.3) .7 short term rental (subject to specific use regulation 7.6) .8 townhouse Only the following commercial uses are permitted in a flex-unit: .9 artisan craft .10 office .11 personal service establishment 10.7.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 10 m .2 Minimum lot area: 275 m2 Development Regulations: .3 Maximum lot coverage: 100% .4 Maximum density: 2.0 FAR .5 Maximum height: 15 m .6 Minimum front yard 2.5 m .7 Minimum interior side yard: 0.0 m .8 Minimum exterior side yard: 2.5 m .9 Minimum rear yard: 0.0 m 10.7.3 OTHER REGULATIONS .1 Where a lane is provided, vehicular access must be from the lane. .2 Flex units are limited to a maximum floor area of 40% of the total net floor area of the principal dwelling, up to a maximum of 150 m2 and may not be separately titled from the principal dwelling or be strata titled separately from the principal dwelling. .3 Notwithstanding Section 10.12.2.6 and 10.12.2.8 of this Bylaw, stairs, balconies and architectural projections that do not constitute greater than 25% of the building Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-16 face of the front elevation, may project a maximum of 2.5 m into the required front yard or exterior side yard. Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-17 10.8 RSM - Manufactured Home Park Housing PURPOSE The purpose is to provide a zone for manufactured homes on individual manufactured home spaces within a manufactured home park. 10.8.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 minor home occupation (subject to specific use regulation 7.3) .3 manufactured home park .4 manufactured home for the owner or caretaker .5 one single detached dwelling .6 short term rental (subject to specific use regulation 7.6) 10.8.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum manufactured home park lot width: 50.0 m .2 Minimum manufactured home park lot depth: 50.0 m .3 Minimum manufactured home park lot area: 2.0 ha .4 Minimum manufactured home space area 280 m2 .5 Minimum manufactured home space width 11.0 m Development Regulations: .6 Maximum density: 25 dwellings / ha .7 Maximum manufactured home park lot coverage: 45% .8 Maximum height: .a principal building .b accessory building or structure lesser of 6.0 m or 1 storey 4.5 m .9 Minimum setbacks for manufactured home park: .a front yard .b interior side yard .c exterior side yard .d rear yard 6.0 m 6.0 m 6.0 m 6.0 m .10 Minimum manufactured home space interior side yard 1.5 m and 3.0 m .11 Minimum manufactured home space exterior side yard 3.5 m .12 Maximum lot coverage for manufactured home space 45% 10.8.3 OTHER REGULATIONS .1 Each manufactured home space shall be permitted a maximum of one (1) detached storage shed or accessory building or structure, subject to the following: Schedule A Zoning Bylaw No. 2024-22 Chapter 10 - Urban Residential Zones Page 10-18 .a Maximum building footprint of 10 m2, .b Maximum height of 2.5 m, .c Located to the rear of the manufactured home on the manufactured home space, .d Be located no closer than 1.5 m of the boundary of the manufactured home space, and .e Be located no closer than 1.2 m from the manufactured home. 10.8.4 LANDSCAPING BUFFER .1 A landscape buffer shall be provided around the boundary of a manufactured home park in accordance with the landscape buffer standards identified in Section 5.2 of this Bylaw. .2 In a required buffer area, the following shall apply: .a No recreation, amenity or service areas shall be located, .b No building or structures shall be located, and .c No garbage disposal areas or other use shall be located. 10.8.5 AMENITY SPACE REQUIREMENTS .1 Amenity space shall be provided in the amount of 900.0 m2 for every 25 manufactured home spaces provided. .2 Amenity space, indoor and amenity space, outdoor may be used to provide the total required amenity space. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-1 - Commercial Zones 11.1 C1 -Commercial Transition PURPOSE This zone provides for limited, small scale, commercial development in mostly residential areas. 11.1.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 artisan crafts .3 bed and breakfast home (subject to specific use regulation 8.2) .4 boarding house .5 convenience store .6 day care centre, major .7 one duplex .8 health service .9 high technology service .10 live-work unit (subject to specific use regulation 7.8) .11 minor home occupation (subject to specific use regulation 7.3) .12 major home occupation (subject to specific use regulation 8.4) .13 office .14 personal service establishment .15 one single detached dwelling .16 restaurant .17 short term rental (subject to specific use regulation 7.6) 11.1.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 13.0 m .2 Minimum lot area: 550 m² Development Regulations: .3 Maximum lot coverage: 40% .4 Maximum height: 11.0 m and 3 storeys above approved grade (Bylaw No. 2025- 09) .5 Minimum front yard: 3.0 m .6 Minimum interior side yard: 1.5 m .7 Minimum exterior side yard: 4.5 m .8 Minimum rear yard: 6.0 m Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-2 11.1.3 OTHER REGULATIONS .1 (Bylaw No. 2025-09) .2 The commercial component of the live-work unit must have an area of at least 40% of the dwelling unit. .3 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or C1 (Commercial Transition) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 11.1.4 SITE SPECIFIC PROVISIONS In addition to the uses listed above: .1 In the case of Lot A District Lots 4 and 202 Group 7 Similkamaeen Division Yale District (Formerly Yale-Lytton) Plan EPP138406, located at 689 Winnipeg Street, a. a bakery shall be a permitted use. b. A restaurant shall not exceed a maximum gross floor area of 650m2. c. Minimum 4 parking spaces for commercial uses. d. The rear yard setback for an accessory structure shall be 0.0m. (Bylaw No. 2024-38) Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-3 11.2 C2 - Neighbourhood Commercial PURPOSE This zone provides for a limited range of neighbourhood convenience services. 11.2.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 artisan crafts .3 convenience store .4 day care centre, major .5 dwelling unit .6 minor home occupation (subject to specific use regulation 8.4) .7 personal service establishment .8 restaurant .9 short term rental (subject to specific use regulation 7.6) 11.2.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 15.0 m .2 Minimum lot area: 550 m² Development Regulations: .3 Maximum lot coverage: 40% .4 Maximum height: 11.0 m and 3 storeys above approved grade (Bylaw No. 2025- 09) .5 Minimum front yard: 3.0 m .6 Minimum interior side yard: 2.4 m .7 Minimum exterior side yard: 3.0 m .8 Minimum rear yard: .a except where the lot abuts a residential zone 3.5 m 6.0 m 11.2.3 OTHER REGULATIONS .1 Commercial uses shall not exceed a maximum gross floor area of 125 m2. .2 A maximum of one (1) dwelling unit within a commercial building with a separate entrance to the outside shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-4 11.3 C3 - Mixed Use Commercial PURPOSE This zone provides areas for a mix of medium-density residential, office and limited retail or personal service commercial uses within a building. 11.3.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 artisan crafts .3 assembly .4 business support service .5 commercial school .6 congregate housing .7 day care centre, major .8 dwelling unit .9 funeral service .10 grocery store .11 health service .12 high technology service .13 indoor animal day care and grooming .14 indoor recreation .15 live work unit (subject to specific use regulation 7.8) .16 minor home occupation (subject to specific use regulation 8.4) .17 office .18 personal service establishment .19 restaurant .20 retail store .21 short term rental (subject to specific use regulation 7.6) .22 recycling drop-off (Bylaw No. 2026-21) .23 government service, including outdoor storage, works yard (Bylaw No. 2026-21) 11.3.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 18.0 m .2 Minimum lot area: 1000 m² Development Regulations: .3 Maximum lot coverage: 50% .4 Maximum density: 2.0 FAR .5 Maximum height: 18 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: 4.5 m .8 Minimum exterior side yard: 4.5 m Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-5 .9 Minimum rear yard: 6.0 m 11.3.3 OTHER REGULATIONS .1 A minimum area of 10.0 m² of amenity space shall be provided per dwelling unit. .2 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. .3 A dwelling unit must be within the same building of a permitted commercial use. .4 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or C3 (Mixed Use Commercial) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 11.3.4 SITE SPECIFIC PROVISIONS In addition to the uses listed above: .2 In the case of Lot 4, DL. 3, Group 7, SDYD, Plan 8666 except Plan KAP 71490, located at 1070 Lakeshore Drive West, recreation equipment sales/rentals including motor scooters not exceeding engine displacement of 50cc and other motorized vehicles, and a bed and breakfast inn within a building with more than one dwelling unit, shall be permitted. .3 In the case of Lot 1, District Lot 2, Group 7, Similkameen Division Yale (Formerly Yale-Lytton) District, Plan EPP82665, located at 697 Wade Avenue West, "public parking" and "storage and warehousing " shall be permitted uses. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-6 11.4 C4 -General Commercial PURPOSE This zone provides for shopping centres, large format retail, and strip commercial uses. 11.4.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 animal clinic .3 artisan crafts .4 assembly .5 bakery .6 business support service .7 cannabis retail store .8 commercial school .9 day care centre, major .10 dwelling units .11 financial service .12 funeral service .13 government service .14 grocery store .15 health service .16 high technology service .17 household repair service .18 indoor amusement, entertainment and recreation .19 indoor animal day care and grooming .20 liquor primary licensed premise .21 minor home occupation (subject to specific use regulation 7.3) .22 office .23 on-site beer/wine making .24 outdoor markets .25 personal service establishment .26 public parking lot .27 restaurant .28 retail store .29 tourist accommodation .30 short term rental (subject to specific use regulation 7.6) .31 recycling drop-off (Bylaw No. 2026-21) 11.4.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 18.0 m .2 Minimum lot area: 1000 m² Development Regulations: Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-7 .3 Maximum lot coverage: 50% .4 Maximum density: 1.0 FAR .5 Maximum height: 13 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: .a except when a lot abuts, or is adjacent to, a residential or institutional zone 0 m and 4.5 m 6.0 m .8 Minimum exterior side yard: 4.5 m .9 Minimum rear yard: .a except when lot abuts, or is adjacent to, a residential or institutional zone or abuts a lane that is adjacent to a residential or institutional zone 3.0 m 6.0 m 11.4.3 OTHER REGULATIONS .1 Dwelling units shall be restricted to second or higher storeys. .2 When outdoor seating is provided as part of a restaurant, the seating area is exempt from the front and side yard requirements, provided that the area contains no permanent roofs and is surrounded by a perimeter fence, wall or hedge a minimum of 1.0 m and a maximum of 1.3 m in height. .3 Temporary uses including but not limited to vehicle and light equipment sales, carnivals, retail sales within a tent, and similar uses are permitted for not more than ten (10) consecutive days in any in any six month period. .4 Outdoor markets and similar uses are permitted not more than 4 days per month. .5 A minimum of 5.0 m2 of amenity space shall be provided per dwelling unit. .6 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. 11.4.4 SITE SPECIFIC PROVISIONS In addition to the uses permitted above: .1 In the case of Strata Lot 1, DL 366, Plan KAS 1711 located at 1027 Westminster Ave. West, a residential use shall be permitted on the main floor. .2 On Lot 1, District Lot 115 and 116, Similkameen Division Yale District, Plan 53757, located at 2111 Main Street, motor vehicle and equipment repair shop shall be permitted. .3 In the case of Lot C District Lot 251 Similkameen Division Yale District Plan KAP80315, located at 2210 Main Street, and Lot 1 District Lot 251 Similkameen Division Yale District Plan EPP84085, located at 98 Warren Avenue East, dwelling units on the first storey shall be permitted. (Bylaw No. 2024-27) .4 In the case of Lot C District Lot 251 Similkameen Division Yale District Plan KAP80315, located at 2210 Main Street, and Lot 1 District Lot 251 Similkameen Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-8 Division Yale District Plan EPP84085, located at 98 Warren Avenue East, a maximum height of 20 m shall be permitted. (Bylaw No. 2024-27) Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-9 11.5 C5 - Urban Centre Commercial PURPOSE This zone provides for development of the financial, retail, entertainment, governmental and cultural core of the City by way of high-density commercial and residential uses. 11.5.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 animal clinic .3 artisan crafts .4 assembly .5 auctions .6 bakery .7 bed and breakfast home (subject to specific use regulation 7.2) .8 business support service .9 cannabis retail store .10 commercial school .11 community garden .12 convenience store .13 craft brewery/distillery .14 cultural exhibits .15 custom indoor manufacturing .16 day care centre, major .17 dwelling units .18 financial service .19 funeral service .20 government service .21 grocery store .22 health service .23 high technology service .24 household repair service .25 indoor amusement, entertainment and recreation .26 indoor animal day care and grooming .27 liquor primary licensed premise .28 minor home occupation (subject to specific use regulation 7.3) .29 office .30 on-site beer/wine making .31 outdoor market .32 personal service establishment .33 public parking lot .34 restaurant .35 retail store .36 short term rental (subject to specific use regulation 7.6) Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-10 .37 tourist accommodation 11.5.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 9.0 m .2 Minimum lot area: 275 m² Development Regulations: .3 Maximum lot coverage: 100% .4 Maximum density: 6.0 FAR .5 Maximum height: .a except Main Street - 100 Block up to and including 300 Block; and .b Front Street 36.6 m 15 m 15 m .6 Minimum front yard: 0 m .7 Minimum interior side yard: 0 m .8 Minimum exterior side yard: 0 m .9 Minimum rear yard: 0 m 11.5.3 OTHER REGULATIONS .1 Dwelling units are restricted to second or higher storeys. .2 Notwithstanding Section 4.9 of this Bylaw, decorative building features such as cornices, balconies, secured planters and wall and window trim may project up to 0.4 m from the building, provided that the projection has a clearance above grade of at least 2.8 m from a public street and 4.5 m from a public lane. .3 Notwithstanding Section 4.9 of this Bylaw, canopies and awnings may project up to 1.5 m from a building, provided that the projection has a clearance of 2.8 m from the established building grade of a sidewalk and 4.5 m above a public lane. .4 (Bylaw No. 2025-09) 11.5.4 SITE SPECIFIC PROVISIONS In addition to the uses permitted above: .1 In the case of Lots 1-11, Block A, District Lot 4, Group 7,and on Lot A, Plan KAP49367, SDYD, Plan 373, located at 333 Martin Street, above the ground floor and on the ground floor in the areas designated on Schedules A and B to Bylaw 2003-67, congregate housing, shall be permitted. .2 In the case of Lot B, Plan 36574, located at 56 Forbes Street (Veterans Way), any portion of a building located 3.0m above grade and abutting the north property line shall have a setback of 6.0 m. .3 In the case of Lot 1, Plan KAP 56198, located at 123 Nanaimo Avenue East, an emergency shelter, shall be permitted. .4 In the case Lots A and B, District Lots 202 and 4, Group 7, Similkameen Division Yale District, Plan EPP106220, located at 260 Martin Street and 270 Martin Street, craft brewery/distillery, shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-11 .5 In the case Lot 1, District Lot 4, Group 7, Similkameen Division Yale (Formerly Yale- Lytton) District, Plan EPP63826, located at 361 Martin Street, winery, shall be permitted. .6 In the case of Lot 1, District Lot 4, Group 7, Similkameen Division Yale (Formerly Yale-Lytton) District, Plan EPP57755, located at 285 Nanaimo Ave W, residential uses shall be permitted on the first floor. .7 In the case of Lot 5, Block 19, District Lot 202, Similkameen Division Yale District Plan 269, located at 532/536 Main Street, dwelling units on the first storey behind commercial spaces shall be permitted. .8 In the case of Lots 1 and 2, DL 4, Group 7, SDYD (Formerly Yale Lytton), Plan EPP99696, located at 249 Westminster Avenue West and 285 Westminster Avenue West, a craft brewery/distillery and cidery shall be permitted. .9 In the case of Lot 9, Block 15, DL 202, SDYD, Plan 269, located at 456 Main Street, one dwelling unit on the first storey behind the commercial space shall be permitted. .10 In the case of Lot A District Lot 4 Group 7 Similkameen Division Yale (Formerly Yale-Lytton) District plan KAP49367, located at 352 Winnipeg Street, the use 'self- storage ' shall be permitted, limited to a maximum gross floor area of 505 m2. .11 In the case of Lot B District Lot 4 Group 7 Similkameen Division Yale (Formerly Yale-Lytton) District Plan 574, located at 461 Martin Street, a maximum of two dwelling units on the first storey shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-12 11.6 C6 - Urban Peripheral Commercial PURPOSE This zone provides for mix of residential, commercial, office and retail or personal service commercial uses within a building located in the periphery of the downtown core. 11.6.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 animal clinic .3 artisan crafts .4 assembly .5 bakery .6 business support service .7 call centre .8 cannabis retail store .9 commercial school .10 contractor service, limited .11 craft brewery/distillery .12 custom indoor manufacturing .13 day care centre, major .14 dwelling unit .15 financial service .16 funeral service .17 government service, including outdoor storage, works yards .18 grocery store .19 health service .20 high technology service .21 home and on-site beer and/or wine making and supply centre .22 household repair service .23 indoor amusement, entertainment and recreation .24 indoor animal day care and grooming .25 live work unit (subject to specific use regulation 7.8) .26 motor vehicle and equipment repair shop .27 office .28 personal service establishment .29 restaurant .30 retail store .31 short term rental (subject to specific use regulation 7.6) .32 wholesale business 11.6.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 20.0 m Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-13 .2 Minimum lot area: 650 m² Development Regulations: .3 Maximum lot coverage: 100% .4 Maximum height: 21 m .5 Minimum front yard: 0.0 m .6 Minimum interior side yard: .a except when abutting a residential, public or institutional zone 0.0 m 3.0m .7 Minimum exterior side yard: 0.0 m .8 Minimum rear yard: .a except when abutting a residential, public or institutional zone 0.0 m 6.0 m 11.6.3 OTHER REGULATIONS .1 Dwelling units are restricted to second or higher storeys. .2 Notwithstanding Section 4.9 of this Bylaw, decorative building features such as cornices, balconies, secured planters and wall and window trim may project up to 0.4 m from the building, provided that the projection has a clearance above grade of at least 2.8 m from a public street and 4.5 m from a public lane. .3 Notwithstanding Section 4.9 of this Bylaw, canopies and awnings may project up to 1.5 m from a building, provided that the projection has a clearance of 2.8 m from the established building grade of a sidewalk and 4.5 m above a public lane. .4 (Bylaw No. 2025-09) 11.6.4 SITE SPECIFIC PROVISIONS .1 In the case of Lot 1, District Lot 4, Group 7, Similkameen Division Yale (Formerly Yale-Lytton) District, Plan EPP44206, located at 380 Westminster Avenue West, dwelling units on the first storey, shall be permitted. .2 In the case of Lot 14, District Lot 4, Group 7, Similkameen Division Yale (Formerly Yale Lytton) District Plan 871, located at 230 Brunswick Street, indoor millwork, shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-14 11.7 C7 - Service Commercial PURPOSE This zone provides for certain auto-oriented commercial uses, commercial uses requiring large building floor space for non-retail purposes and a lesser area for sales, light industrial service industries, and accessory office uses. Auto-related uses involving vehicle servicing and sales with outside storage and parking are permitted in this zone. 11.7.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 animal clinic .3 artisan crafts .4 assembly .5 bakery .6 building and garden supply .7 business support service .8 call centre .9 commercial school .10 contractor service, general .11 contractor service, limited .12 craft brewery/distillery .13 custom indoor manufacturing .14 day care centre, major .15 fleet service .16 funeral service .17 garden centre .18 government service, including outdoor storage, works yard .19 grocery store .20 health service .21 high technology service .22 household repair service .23 indoor amusement, entertainment and recreation .24 indoor animal day care and grooming .25 live work unit (subject to specific use regulation 7.8) .26 motor vehicle and equipment repair shop .27 motor vehicle body repair and paint shop .28 motor vehicle sales and rentals .29 office .30 personal service establishment .31 recreation equipment sales, service and rentals .32 restaurant .33 retail store .34 one security/operator dwelling unit (subject to accessory suites regulation 8.5) Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-15 .35 self-storage .36 storage and warehouse .37 transport truck and motorhome sales, service, and rentals .38 wholesale business .39 recycling drop-off (Bylaw No. 2026-21) 11.7.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 20.0 m .2 Minimum lot area: 650 m² Development Regulations: .3 Maximum lot coverage: 50% .4 Maximum height: 12 m .5 Minimum front yard: 4.5 m .6 Minimum interior side yard: .a except when abutting a residential, public or institutional zone 0.0m and 4.5m 6.0m .7 Minimum exterior side yard 4.5 m .8 Minimum rear yard: .a except when abutting a residential, public or institutional zone 0.0 m 7.5 m 11.7.3 OTHER REGULATIONS .1 In the case of transport truck and motorhome sales, service, and rental, overnight RV parking shall be considered an accessory use up to a maximum of 3 nights. .2 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or C7 (Mixed Use Commercial) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 11.7.4 SITE SPECIFIC PROVISIONS In addition to the permitted uses above: .1 In the case of Lot 10 DL 1997S, Plan KAS 1732, located at 126-197 Warren Avenue East, a hair salon, shall be permitted. .2 Tourist accommodation shall be permitted on the following properties: .a Lots 1-16, Plan KAS 1384, District Lot 366, Similkameen Division Yale District, located at 998 Creston Avenue; .b Lot 1, Plan KAP3443, District Lot 250, Similkameen Division Yale District, Except Plan KAP596641, located at 1485 Main Street; Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-16 .c Lot 8, Plan KAP4762, Similkameen Division Yale District, located at 1706 Main Street; .d Lot 7, Plan KAP4762, District Lot 1997S, Similkameen Division Yale District, located at 1742 Main Street; .e Lot 1, Plan KAP70710, District Lot 116, Similkameen Division Yale District, located at 2406 Skaha Lake Road; .f Lot A, Plan KAP13370, District Lot 116, Similkameen Division Yale District, located at 2387 Skaha Lake Road; .g Lot 6, Plan KAP10827, District Lot 116, Similkameen Division Yale District, Except Plan 13370, located at 2307 Skaha Lake Road; .h Lot 1, Plan 5472, District Lot 250, Similkameen Division Yale District, Except Plans 39932 and KAS59641, located at 1473 Main Street. .3 In the case of Lot A, District Lots 1997S and 3237S, Similkameen Division Yale District, Plan EPP75769, located at 1706 Main Street, the following uses shall be permitted: dwelling units, congregate housing, transitional housing and emergency shelter. .4 In the case of Lot 2, District Lot 2, Group 7, Similkameen Division Yale (Formerly Yale-Lytton) District Plan EPP82665, located at 645 Wade Avenue West, public parking lot and storage and warehousing shall be permitted uses. .5 In the case of Lot 15, DL 5, Group 7, Similkameen Division Yale (Formerly Yale Lytton) District Plan 28077, located at 1652 Fairview Road, cannabis retail store shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-17 11.8 C8 - Vehicle Service Station PURPOSE This zone provides for motor vehicle service stations, auto gas bars and similar compatible uses. 11.8.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 motor vehicle service station .3 recycling drop-off (Bylaw No. 2026-21) 11.8.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30 m .2 Minimum lot area: 1000 m2 Development Regulations: .3 Maximum lot coverage: 35% .4 Maximum height: 11.0 m and 3 storeys above approved grade (Bylaw No. 2025-09) .5 Minimum front yard: 4.5 m .6 Minimum interior side yard: 4.5 m .7 Minimum exterior side yard 4.5 m .8 Minimum rear yard: .a except when abutting, or adjacent to, a residential or institutional zone or abutting a lane that abuts a residential or institutional zone 4.5 m 6.0 m Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-18 11.9 C9 - Marina Way Commercial PURPOSE This zone provides for residential and commercial use development on the Okanagan Lake waterfront for lands bounded by Vancouver Street, Marina Way and Abbott Street. 11.9.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 minor home occupation (subject to specific use regulation 7.3) .4 short term rental (subject to specific use regulation 7.6) .5 townhouse In addition to the above, along Marina Way, and at 200 Marina Way, the following uses are permitted on the first and second floor: .6 accessory use, building or structure .7 artisan crafts .8 business support service .9 commercial school .10 custom indoor manufacturing .11 dwelling unit .12 health service .13 high technology service .14 indoor amusement, entertainment and recreation .15 live-work unit (subject to specific use regulation 7.8) .16 office .17 outdoor market .18 personal service establishment .19 restaurant .20 retail store 11.9.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30 m .2 Minimum lot area: 550 m² Development Regulations: .3 Maximum lot coverage: 60% .4 Maximum density 1.75 FAR .5 Maximum height: 24 m .6 Minimum front yard: .a Marina Way .b Vancouver Avenue 1.0 m 4.0 m Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-19 .7 Minimum side yard Marina Way .a interior side yard: .b exterior side yard: 0 m 2.0 m .8 Minimum side yard Vancouver Avenue .a interior side yard: .b exterior side yard: 2.0 m 2.0 m .9 Minimum rear yard: 0 m 11.9.3 OTHER REGULATIONS .1 A minimum area of 5.0 m2 of amenity space shall be provided per dwelling unit. .2 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. .3 A custom indoor manufacturing and artisan crafts shall have a minimum 10% floor space dedicated to retail and/or display area in the front portion of the business. .4 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or C9 (Marina Way Commercial) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 11.9.4 SITE SPECIFIC PROVISIONS .1 In the case of Proposed Lots 2, 3 and 4 located at 203, 225 and 247 Vancouver Avenue, single detached housing is a permitted use as identified on Schedule 'B' of Bylaw No. 2018-49. .2 In the case of Strata Lot 1, Strata Lot 2, and Strata Lot 4 District Lot 202 Similkameen Division Yale District Strata Plan KAS2971 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V, located at 250 Marina Way, Live Work Unit regulation Section 7.8.4 does not apply and the business operator at the location may be different than the person living in the dwelling unit portion of the live work unit. (Bylaw No. 2024-26) Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-20 11.10 CT1 - Tourist Commercial PURPOSE This zone provides for commercial visitor accommodation, entertainment and services. 11.10.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 day care centre, major .3 indoor amusement, entertainment and recreation .4 liquor primary licensed premise .5 outdoor amusement, entertainment and recreation .6 outdoor market .7 personal service establishment .8 recreation equipment sales, service and rentals .9 restaurant .10 retail store .11 security/operator dwelling unit (subject to accessory suites regulation 8.5) .12 tourist accommodation 11.10.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width : 20.0 m .2 Minimum lot area: 930 m2 Development Regulations: .3 Maximum density: 1.2 FAR .4 Maximum lot coverage: 40% .5 Maximum height: 12.0 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: 0 m and 4.5 m .8 Minimum exterior side yard 4.5 m .9 Minimum rear yard: .a except when abutting a residential or institutional zone 4.5 m 6.0 m 11.10.3 OTHER REGULATIONS .1 The gross floor area for a personal service establishment or for a retail store shall not exceed 100 m2. .2 Recreation and equipment sales, service and rentals shall be limited to bicycles, watercraft, sports equipment and motor scooters not exceeding a fifty-(50) cc engine. .3 No more than one (1) security/operator dwelling unit is permitted on a site with a maximum gross floor area of 100 m2. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-21 .4 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or CT1 (Tourist Commercial) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) 11.10.4 SITE SPECIFIC PROVISIONS In addition to the uses and regulations above: .1 In the case of Lot A, KAP 63701, known as 21 Lakeshore Drive West, the following regulations shall apply: .a Maximum height: 24m .b Minimum front yard: 6.0 m .c Minimum side yard: i. interior side yard ii. exterior side yard 6.0 m 6.0 m .d Minimum rear yard: 9.0 m .e Minimum building separation from internal streets, surface parking spaces or walkways 3.0 m .f Maximum casino games i. Slot machines ii. Gaming tables 300 30 .2 In the case of Lots 8 and 9, District Lot 366, Plan 5419, located at 970 and 976 Vernon Ave.; Lot 8, District Lot 366, SDYD, Plan 3413 located at 954 Vernon Ave.; Lot A, District Lot 366, SDYD, Plan KAP84491 located at 950 Westminster Ave. W.; and Lot B, District Lot 366, SDYD, Plan KAP84491 located at 903 Vernon Ave.; .a Hotel use .b A use for the temporary accommodation of the travelling public under a rental pool scheme operated by a strata corporation; and/or in a strata plan by any person or family member under a time share use plan or time share ownership plan as defined in the Real Estate Act. .c Residential use - up to 50% of the hotel floor area occupied by hotel rooms. .d Eating and drinking establishments, indoor entertainment, recreation and amusement. .e Retail trade and personal services to a maximum of 100m2 in floor area. .f Recreational equipment rentals including motor scooters not exceeding 55cc engine displacement, but excluding other motorized vehicles. .g Conference facilities, including meeting rooms and kitchen facilities. .h Professional offices, not to exceed 10% of the building in which they are located not to exceed 900m2 (9,690 sq. ft.). .i Notwithstanding the Subdivision and Development Regulations in Section 11.10.2, the following regulations apply to these properties: .i Maximum Lot Coverage: 40% .ii Maximum Floor Area Ratio: 1.75 Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-22 .iii Minimum Parcel Size: 0.4ha .iv Maximum Height: 40m (subject to Penticton Airport Zoning Regulations. .j Notwithstanding the Parking Requirements in Section 7.6, the following regulations apply to these properties: USES REQUIRED PARKING SPACES REQUIRED LOADING SPACES Hotels 0.66 spaces per room 1 Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-23 11.11 CT2 - Campground Commercial PURPOSE This zone provides for campground accommodation and accessory uses. 11.11.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 campground .3 convenience store .4 indoor amusement, entertainment and recreation .5 recreation equipment sales, service and rentals .6 security/operator dwelling unit (subject to accessory suites regulation 8.5) 11.11.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30.0 m .2 Minimum lot area: 0.4 ha Development Regulations: .3 Maximum height: 11.0 m and 3 storeys above approved grade (Bylaw No. 2025-09) .4 Minimum front yard: 6.0 m .5 Minimum interior side yard: .a except when abutting a residential or institutional zone 4.5 m 6.0 m .6 Minimum exterior side yard: 4.5 m .7 Minimum rear yard: .a except when abutting a residential or institutional zone 4.5 m 6.0 m 11.11.3 OTHER REGULATIONS .1 Campgrounds are subject to the regulations of the City's Campsite and Tourist Accommodation Bylaw. .2 Indoor amusement entertainment and recreation is limited to an accessory use for campground guests. .3 Recreation equipment sales, service and rentals are limited to bicycles, watercraft, sports equipment and motor scooters not exceeding a fifty-(50) cc engine. .4 Convenience store shall be limited to 100 m2 gross floor area. Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-24 11.12 CT3 - Hotel Resort PURPOSE This zone provides for high-density hotel and resort development. 11.12.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 indoor amusement, entertainment and recreation .3 liquor primary licensed premise .4 personal service establishment .5 recreation equipment sales, service and rentals .6 resort residential .7 retail store .8 restaurant .9 short term rental (subject to specific use regulation 7.6) .10 tourist accommodation 11.12.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 50 m .2 Minimum lot area: 0.4 ha Development Regulations: .3 Maximum lot coverage: 50% .4 Maximum density: 1.2 FAR .5 Maximum height: 18 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: 6.0 m .8 Minimum exterior side yard: 6.0 m .9 Minimum rear yard: 9.0 m .10 Minimum building separation from internal streets, surface parking spaces or walkways 2.0 m, or 3.0 m adjacent ground floor habitable room windows unless such streets or walkways are giving private exclusive access to those dwelling units .11 Notwithstanding Chapter 6, off street parking requirements are as follows: .a Studio .b 1 or 2 bedroom sleeping unit .c bedroom unit with lock-off unit .d 3 or more bedroom sleeping unit 0.75 spaces 0.75 spaces 1.3 spaces 2 .0 spaces Schedule A Zoning Bylaw No. 2024-22 Chapter 11 - Commercial Zones Page 11-25 11.12.3 OTHER REGULATIONS .1 Resort residential building must include a minimum of 450 m2 of resort amenity facilities, including outdoor pools, indoor games, recreation, fitness and health rooms, pools and spas, guest lounges, meeting rooms and similar amenities. .2 In addition to the General Regulations Chapter of this Bylaw dealing with projections, utilities, underground parking and similar structures constructed entirely beneath the surface of the ground may encroach into required yards provided such underground encroachments do not result in a grade inconsistent with abutting properties and the encroachments are covered by sufficient soil depth or surface treatment to foster landscaping. .3 Within 60 m of the front lot line abutting Skaha Lake Road, the following uses shall be permitted: restaurant, liquor primary licensed premise, retail store, personal service establishment, indoor entertainment, recreation and amusement, professional office, dwelling units above the first floor and under the same roof of the building within which the permitted use is carried out, provided that a separate entrance from ground level is provided. .4 Recreation equipment sales, service and rentals shall be limited to bicycles, watercraft, sports equipment and motor scooters not exceeding to fifty-(50) cc capacity. .5 Personal service establishments and retail store uses shall be limited to 100 m2 of gross floor area. Schedule A Zoning Bylaw No. 2024-22 Chapter 12 - Industrial Zones Page 12-1 - Industrial Zones 12.1 M1 -General Industrial PURPOSE This zone provides for mix of general and light industrial uses. 12.1.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 animal clinic .3 animal shelter .4 artisan crafts .5 building and garden supply .6 business support service .7 call centre .8 cannabis production facility .9 contractor service, general .10 contractor service, limited .11 fleet service .12 funeral service .13 garden centre .14 general industrial use .15 government service including outdoor storage .16 high technology service .17 household repair service .18 indoor animal day care and grooming .19 mobile catering food service .20 motor vehicle body repair and paint shop .21 motor vehicle and equipment repair shops .22 motor vehicle and equipment services, industrial and agriculture .23 motor vehicle sales and rental .24 outdoor storage, excluding wrecking yard .25 restaurant .26 one security/operator dwelling unit (subject to accessory suites regulation 8.5) .27 self- storage .28 storage and warehouse .29 utility service, major .30 wholesale business .31 recycling drop-off (Bylaw No. 2026-21) 12.1.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: Schedule A Zoning Bylaw No. 2024-22 Chapter 12 - Industrial Zones Page 12-2 .1 Minimum lot width: 20.0 m .2 Minimum lot area: 1000 m² Development Regulations: .3 Maximum height: 15 m .4 Minimum front yard: 6.0 m .5 Minimum interior side yard: .a when abutting a residential, commercial, public or institutional zone .b when abutting a lane 0 m and 3.5 m 6.0 m 3.0 m .6 Minimum exterior side yard: 4.5 m .7 Minimum rear yard: .a when abutting a residential, commercial, public or institutional zone 0 m 7.5 m 12.1.3 OTHER REGULATIONS .1 (Bylaw No. 2026-21) .2 The floor area devoted to accessory uses shall not exceed 25% of the gross floor area of a building. .3 A security/operator dwelling unit shall not exceed a gross floor area of 100 m2. .4 A restaurant shall be limited to 100 m2 gross floor area. .5 In the case of a business servicing or repairing recreational vehicles, overnight parking of RVs shall be considered an accessory use. .6 A funeral service shall be limited to 250m2 gross floor area. 12.1.4 SITE SPECIFIC PROVISIONS .1 In the case of Lot 2, Plan 6155 located at 201 Okanagan Avenue East a Fitness centre and food take out delivery shall be a permitted use. .2 In the case of Lot A, DL 3821S, SDYD, Plan KAP51916, located at 1363 Commercial Way an indoor amusement, entertainment and recreation facility in a building with a minimum floor area of 230 m2. .3 In the case of Lot 1, District Lot 251 Similkameen Division Yale District Plan 12353, located at 2250 Camrose Street, the use of the premises by a non-profit society: .a Providing family service operations to include life skills training (may include cooking, budgeting, first aid), employment skills training, and work experience facilitation; and .b Operating a second hand store which primarily sells donated used merchandise; and .c Operating a food bank for the purposes of storing and distributing food products for non-profit and charitable purposes; and .d Operating administrative offices shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 12 - Industrial Zones Page 12-3 .4 In the case of Lot 1 District Lots 250, 2710, 3429S and 3821S Similkameen Division Yale District Plan 37288, located at 1641 Dartmouth Road, indoor recreation with a maximum building footprint of 1,300m2 (14,000 square feet) shall be permitted. .5 In the case of Lot A District Lot 251, Similkameen Division Yale District Plan 27421 except Plan KAP70297, located at 2324 Government Street, indoor recreation use shall be permitted within one unit (shown as Building 3 in Figure 1 below) having a maximum building footprint of 335m 2." (Bylaw No. 2025-08) Figure 1: Site Plan (2324 Government Schedule A Zoning Bylaw No. 2024-22 Chapter 12 - Industrial Zones Page 12-4 12.2 M2 - Heavy Industrial PURPOSE This zone provides for general and heavy industrial uses that are incompatible with non-industrial uses. 12.2.1 PERMITTED USES The permitted uses in this zone are: .1 all uses permitted in the M1 zone .2 accessory use, building or structure .3 concrete mixing plant .4 foundry .5 industrial, heavy .6 recycling drop-off (Bylaw No. 2026-21) 12.2.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30.0 m .2 Minimum lot area: 2000 m² Development Regulations: .3 Maximum height: 15 m .4 Minimum front yard: 6.0 m .5 Minimum interior side yard: 6.0 m .6 Minimum exterior side yard: 4.5 m .7 Minimum rear yard: .a when abutting a residential, commercial, public or institutional zone 6.0 m 10.0 m 12.2.3 OTHER REGULATIONS .1 All uses in the M1 zone that are permitted in the M2 zone shall be subject to the regulations contained within the M1 zone. .2 (Bylaw No. 2026-21) .3 (Bylaw No. 2026-21) 12.2.4 SITE SPECIFIC PROVISIONS In addition to the regulations listed above: .1 In the case of Plan M-489, SDYD located at 4001 Skaha Lake Road, the following regulations apply: .a PERMITTED USES .1 airport .2 tourist accommodation .3 accessory use, building or structure Schedule A Zoning Bylaw No. 2024-22 Chapter 12 - Industrial Zones Page 12-5 .b SUBDIVISION AND DEVELOPMENT REGULATIONS .1 Minimum lot width: 20 m .2 Minimum lot area: 1000 m2 .3 Maximum height: 50.0 m .4 Minimum front yard: 6.0 m .5 Minimum interior side yard: 4.5m .6 Minimum exterior side yard: 6.0 m .7 Minimum rear yard: 7.5 m Schedule A Zoning Bylaw No. 2024-22 Chapter 12 - Industrial Zones Page 12-6 12.3 M3 -Wrecking Yard PURPOSE This zone provides for outdoor wrecking and salvage storage activities. 12.3.1 PERMITTED USES The permitted uses in this zone are: .1 all uses permitted in the M1 zone .2 (Bylaw No. 2026-21) .3 wrecking yard 12.3.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30.0 m .2 Minimum lot area: 2000 m² Development Regulations: .3 Maximum height: 15 m .4 Minimum front yard: 6.0 m .5 Minimum interior side yard: 6.0 m .6 Minimum exterior side yard: 4.5 m .7 Minimum rear yard: .a when abutting a residential, commercial, public or institutional zone 6.0 m 10.0 m 12.3.3 OTHER REGULATIONS .1 All uses in the M1 zone that are permitted in the M3 zone shall be subject to the regulations contained within the M1 zone. .2 An accessory use, building or structure may include an indoor display, office, technical training, and retail sale of products salvaged on the site. .3 The floor area devoted to accessory uses shall not exceed 25% of the gross floor area of the industrial use. Schedule A Zoning Bylaw No. 2024-22 Chapter 13 - Public Assembly and Recreation Zones Page 13-1 - Public Assembly and Recreation Zones 13.1 P1 -Public Assembly PURPOSE This zone provides for governmental and institutional uses including, educational, health and recreational uses, and civic or cultural gatherings. 13.1.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 assembly .3 carnival .4 cemetery .5 commercial school .6 congregate housing .7 day care centre, major .8 education service .9 government service .10 hospital and patient care service .11 indoor amusement, entertainment and recreation .12 office .13 outdoor amusement, entertainment and recreation .14 outdoor market .15 public parking lot .16 restaurant .17 retail store .18 security/operator dwelling unit (subject to accessory suites regulation 8.5) 13.1.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 15.0 m .2 Minimum lot area: 560 m² Development Regulations: .3 Maximum lot coverage: 40% .4 Maximum density: 1.2 FAR .5 Maximum height: 12 m .6 Minimum front yard: 6.0 m .7 Minimum interior side yard: 4.5 m .8 Minimum exterior side yard: 6.0 m .9 Minimum rear yard: 7.5 m Schedule A Zoning Bylaw No. 2024-22 Chapter 13 - Public Assembly and Recreation Zones Page 13-2 13.1.3 SITE SPECIFIC PROVISIONS .1 In the case of Lot A, District Lots 1997S, 3237S and 3429S, Similkameen Division Yale District, Plan KAP62140, located at 550 Carmi Avenue, the maximum height of a principal building is 45 m. .2 In the case of Parcel A District Lots 1 and 2 Group 7 Yale Lytton District Plan 841 Except Plans 7745 and 17680, located at 1080 Railway Street, student housing shall be permitted with a parking requirement of 1 per 5 beds. (Bylaw No. 2024-35) 13.1.4 OTHER REGULATIONS .1 For properties identified within the Transitional Neighbourhood Overlay on Schedule B (Zoning Bylaw Map), land may be developed in accordance with the regulations of the R4-S (Small-Scale Multi-Unit Residential: Small Lot) zone or P1 (Public Assembly) zone. Mixing or combining regulations, uses, or standards from both zones on the same parcel is prohibited. (Bylaw No. 2026-08) Schedule A Zoning Bylaw No. 2024-22 Chapter 13 - Public Assembly and Recreation Zones Page 13-3 13.2 P2 - Parks and Recreation PURPOSE This zone provides for parks, recreation and open space. 13.2.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 carnival .3 community garden .4 government service .5 indoor amusement, entertainment and recreation .6 marina .7 outdoor amusement, entertainment and recreation .8 outdoor market .9 public parking lot .10 restaurant 13.2.2 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 15.0 m .2 Minimum lot area: 560 m² Development Regulations: .3 Maximum lot coverage: 40% .4 Maximum height: 16 m .5 Minimum front yard: 6.0 m .6 Minimum interior side yard: 4.5 m .7 Minimum exterior side yard: 6.0 m .8 Minimum rear yard: 7.5 m 13.2.3 OTHER REGULATIONS .1 A security/operator dwelling unit shall not exceed a gross floor area of 100 m2. .2 A restaurant shall be limited to 100 m2 gross floor area. 13.2.4 SITE SPECIFIC PROVISIONS .1 In the case of Lot A District Lots 202, 249 and 250 Similkameen Division Yale District, Plan EPP111114, located at 470 Edmonton Avenue, 'day care centre, major ', shall be permitted. Schedule A Zoning Bylaw No. 2024-22 Chapter 13 - Public Assembly and Recreation Zones Page 13-4 13.3 P3- Major Utilities PURPOSE This zone provides for the establishment of private and public utilities. 13.3.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 outdoor storage .3 utility service, major 13.3.2 DEVELOPMENT REGULATIONS .1 Maximum height: There is no maximum height for mechanical structures 15.0 m .2 Minimum front, side and rear yards: 6.0 m 13.3.3 OTHER REGULATIONS .1 In the case where utility service, major is abutting or adjacent to a residential zone, landscaping shall be required in accordance with the landscape buffer specification outlined in Section 5.2 of this Bylaw. Schedule A Zoning Bylaw No. 2024-22 Chapter 13 - Public Assembly and Recreation Zones Page 13-5 13.4 P4- Environmental Reserve PURPOSE This zone provides for the protection and conservation of natural areas. 13.4.1 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 conservation .3 passive recreation Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-1 - Comprehensive Development 14.1 CD1 - Repealed Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-2 14.2 CD2 - Comprehensive Development (270 Riverside Drive) 14.2.1 PURPOSE This zone provides for the comprehensive design of a residential development on Lot A, District Lot 366, SDYD, PL KAP91771 located at 270 Riverside Dr., (Formerly Lot 2 District Lot 366 Similkameen Division Yale District Plan 9991 Except Plan 15522 and Lot 1 District Lot 366 Similkameen Division Yale District Plan 15522 (270 Riverside Dr. & 271 Wylie St) that is consistent with the intent of Official Community Plan Bylaw 2002-20. 14.2.2 PERMITTED USES .1 accessory use, building or structure .2 apartment .3 campground with maximum 30 campsites .4 commercial uses as part of a live-work unit, .5 convenience store in conjunction with a campground or motel use .6 live-work unit .7 mobile vending unit .8 motel with a maximum of 19 units and one dwelling unit for a caretaker .9 seniors' boarding home .10 short term rental (subject to specific use regulation 7.6) .11 townhouse .12 resort residential (Bylaw No. 2025-04) 14.2.3 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 60.0 m .2 Minimum lot area: 9000 m² Development Regulations: .3 Maximum lot coverage: 65% .4 Maximum density: 2.0 FAR .5 Maximum height: 44 m and 15 stories .6 Minimum front yard (Riverside Drive): 4.5 m .7 Minimum interior side yard: 2.5 m .8 Minimum exterior side yard: 2.5 m .9 Minimum rear yard (Wylie Street): 2.5 m Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-3 14.2.4 LIMITATIONS FOR LIVE WORK STUDIOS .1 A live work unit shall contain a minimum of 23 square meters (250 square feet) of permitted commercial space to a maximum of 28 square meters (300 square feet). .2 Permitted commercial space must occupy the entire front portion of the bottom floor of the strata unit with an entrance facing riverside drive. .3 A permitted commercial use in a live-work unit shall not generate any commercial vehicle trips. .4 A permitted commercial use in a live-work unit shall have a valid business license. .5 A permitted commercial use in a live-work unit shall not involve the use of power tools, amplified sound equipment, or manufacturing equipment, including industrial photography, photo processing, or painting equipment. .6 A permitted commercial use in a live-work unit shall not produce any nuisance from noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance. .7 Notwithstanding the permitted commercial uses under Section 14.2.4 of this Bylaw, the storage or use of toxic, flammable or otherwise harmful materials, in manner or quantity that would otherwise be prohibited in a residential dwelling under the BC Fire Code, is prohibited in a live-work studio. .8 No on-site parking shall be provided for a commercial use in a live-work unit. .9 No person other than residents of the live-work unit shall be engaged in a permitted commercial use. However, there is no limit to the number of employees who work off site of the live-work unit. 14.2.5 OTHER REGULATIONS .1 Commercial uses as part of a live-work unit are subject to the limitations of use under Subsection 14.2.4 and no more than 28 square meters (300 square feet) in floor area, including: .a office uses .b studio for and artist, artisan, sculptor, photographer, or musician. .c retail sale and display of items produced on the premises .d mail, telephone, or internet sales of goods produced off-site, provided goods are not stored on the premises and the customer does not enter the premises to inspect or pick up the goods purchased .2 Live-work unit shall only front Riverside Drive. Figure 15 - Live Work CD2 Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-4 .3 Notwithstanding Section 4.9 of this Bylaw, unenclosed stairwells, balconies, porches, canopies and similar architectural projections may project up to 2.0 m into all yards. .4 The maximum density specified in Section 14.2.3.4 of this Bylaw may be increased to a maximum floor area of 2.5 if the owner provides the following: .a A cash payment in the amount of $200,000, .b Dedication of a statutory right of way over the lands lying to the south of the property to the City for the purpose of public open space as shown on the attached specifications, .c Construction of the improvements within the dedicated open space shown on attached specifications. .5 Amenities contributions described in Section 14.2.5.4 shall be deliverable upon application for a building permit authorizing construction of any part of the development. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-5 14.3 CD3 - Comprehensive Development (2784 Skaha Lake Road) 14.3.1 PURPOSE This zone provides areas for a mix of residential and compatible commercial uses within the same building on key sites along Skaha Lake Road. 14.3.2 PERMITTED USES The permitted uses in this zone are: .1 care centre .2 commercial and professional business offices .3 commercial school .4 day care centres, kindergartens, nurseries and community care facilities .5 dry cleaning .6 eating and drinking establishment .7 health and fitness facilities .8 high tech services (#2001-29) .9 household repair .10 personal service establishment .11 residential dwellings in conjunction with the above uses provided a separate entrance to the dwelling units from ground level is maintained .12 retail store and service .13 senior citizens' boarding homes .14 thrift store .15 utility services 14.3.3 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 30.0 m .2 Minimum lot area: 1500 m² Development Regulations: .3 Maximum lot coverage: 70% .4 Maximum density 2.0 FAR, subject to the Density Bonus provisions below .5 Maximum height: 46.0 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: 4.5 m .8 Minimum exterior side yard: 4.5 m .9 Minimum rear yard: 4.5 m .10 Parking Requirements .a Commercial 1 per 28 m2 .b Residential .i Bachelor .ii 1 Bedroom .iii 2 or more Bedrooms 1.0 spaces per unit 1.25 spaces per unit 1.5 spaces per unit Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-6 14.3.4 PROJECTIONS INTO YARD SETBACKS .1 Notwithstanding Section 4.9 of this Bylaw: .a Entrance canopies or awnings may project no more than 2.5 m into a front setback or an exterior side yard or no closer than 1.5 m to a side lot line. .b Balconies may project no more than 2.0m into the minimum setbacks and may be partially or totally enclosed where the enclosure consists of clear glazing 14.3.5 DENSITY BONUS .1 The maximum density specified in Section 14.3.3.4 of this Bylaw may be increased, to a maximum floor area ratio of 2.5 where the owner voluntarily provides a cash payment of $15.00 for every .09 m2 (1 square foot) of bonus density to the City of Penticton to be placed in a reserve fund for affordable and special needs housing or public amenities off the site. This payment is due at the time of issuance of any building permit authorizing the construction of a building whose construction results in the FAR exceeding 2.0 by any amount, and to the extent that the building permit authorizes construction exceeding that density. 14.3.6 OTHER REGULATIONS .1 A minimum area of 6.0 m² of amenity space shall be provided per bachelor dwelling or group home bedroom, 10.0 m² of amenity space shall be provided per 1 bedroom dwelling, and 15.0 m² of amenity space shall be provided per dwelling with more than 1 bedroom. .2 A mixed use building incorporating residential and other uses shall provide functional commercial space on the first floor which must occupy a minimum of 90% of all Skaha Road street frontages. Access driveways or other portions of the street frontage not used as building will not be considered for the purpose of this calculation. 14.3.7 SITE SPECIFIC PROVISIONS .1 In the case of Lot 1, District Lot 116, SDYD, Plan 30067 known as 2964 Skaha Lake Rd. town house units are permitted at grade level along Wilson St. frontage with a minimum setback of 3.5m. In the case of Lots 2 and 3 Plan 21548 and Lot A Plan 27251, District Lot 116 known respectively as 2784 Skaha Lake Road, 2824 Skaha Lake Road, and 2730 Skaha Lake Road including consolidations thereof, the follow additional regulations shall apply: .a Frontages along public streets must be screened by active commercial or retail uses with a minimum height of two storeys and a 3.0 m step back for any uses above the active frontage. An "active frontage" includes commercial, retail or residential units with glazing covering at least 50 percent of the street-fronting facade and at least one entrance every 20 m; .b All passive uses at or above grade must be fully screened by an active frontage with a minimum depth of 8.0 m. A "passive use" includes parking, Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-7 service and utility spaces of a building or areas without regular human occupation; .c Where a building permit application is made for phased development, the Density Bonus specified in Section 14.3.5 of this Bylaw shall be based on Table 14.1. The Area 1, 2 and 3 boundaries are shown on Figure 16 below. Figure 14.1 - CD3 Density Land Area Base FAR Bonus FAR Total @ 12,710m2 2.0 2.5 Land Area 1 @ 4236 m2 2.0 2.5 Land Area 2 @ 4236 m2 2.0 2.5 Land Area 3 @ 4236 m2 2.0 2.5 Figure 16 - Phasing and Density Bonus - 2784 Skaha Lake Road Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-8 14.4 CD4 - Repealed Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-9 14.5 CD5 - Comprehensive Development (3388 Skaha Lake Road) 14.5.1 PURPOSE This zone provides for the comprehensive development of three (3) residential towers with ground floor garden apartments, on Lot B, District Lot 116, Similkameen Division Yale District, Plan EPP43254, located at 3388 Skaha Lake Road. 14.5.2 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 congregate housing .4 day care centre, major .5 extended care residence .6 minor home occupation (subject to specific use regulation 7.3) .7 short term rental (subject to specific use regulation 7.6) 14.5.3 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot area: 4000 m² Development Regulations: .2 Maximum lot coverage: 60% .3 Maximum density: (without density bonus) 2.0 FAR .4 Minimum height of residential tower: 20.0 m and 6 storeys .5 Maximum height: 45 m and 14 storeys .6 Minimum front yard: 4.5 m .7 Minimum side yard: 0.0 m .8 Minimum rear yard: 3.0 m 14.5.4 OTHER REGULATIONS .1 Notwithstanding Section 6.5 of this Bylaw, in the case of the use apartment vehicle parking shall be provided at the following rate: .a 1 space per dwelling unit, .b 5 guest spaces per residential building. .2 Amenity space shall be provided at the following rate: .a 5.0 m2 per unit. 14.5.5 DENSITY BONUS .1 Notwithstanding Section 14.5.3.3 of this Bylaw, the maximum density on this property may be increased to 3.05 FAR, with a contribution of $15.00 per square meter for any density above 2.0 FAR, to be deposited into a fund to support housing affordability in the City of Penticton. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-10 .2 The density bonus will be applied at the time of building permit issuance for each individual tower, with 1/3 of the total density of the project allocated to each tower. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-11 14.6 CD6 - Comprehensive Development (962 Churchill Avenue) 14.6.1 PURPOSE This zone provides for the comprehensive development of a residential site for Lot 1, DL 3, SDYD (Formerly Yale Lytton), Plan 24763, located at 962 Churchill Avenue. 14.6.2 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 minor home occupation (subject to specific use regulation 7.3) .4 short term rental (subject to specific use regulation 7.6) 14.6.3 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 21.0 m .2 Minimum lot area: 700 m² Development Regulations: .3 Maximum lot coverage: 55% .4 Maximum density: 1.9 FAR .5 Maximum height: .a principal building .b accessory building or structure 19.0 m 4.5 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: .a principal building .b accessory building or structure 2.5 m 1.5 m .8 Minimum rear yard: .a principal building .b accessory building or structure 6.0 m 1.5 m 14.6.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 20.0 m2 for each dwelling unit. 14.6.5 OTHER REGULATIONS .1 In addition to the projections permitted in Table 4.1 of this Bylaw, the maximum projection into a required side yard for a deck is 0.2 m. .2 The minimum width of a landscape buffer abutting a residential zone shall be 2.0 m. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-12 14.7 CD7 - Comprehensive Development (154 Brunswick Street) 14.7.1 PURPOSE This zone provides for the comprehensive development of a residential site for Lot 1, DL 4, SDYD (Formerly Yale Lytton), Plan KAP49946, located at 154 Brunswick Street. 14.7.2 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 minor home occupation (subject to specific use regulation 7.3) .4 office .5 short term rental (subject to specific use regulation 7.6) 14.7.3 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 31.0 m .2 Minimum lot area: 1,700 m² Development Regulations: .3 Maximum lot coverage: 65% .4 Maximum density: 2.0 FAR .5 Maximum height: .a principal building .b accessory building or structure 23.0 m 4.5 m .6 Minimum front yard: 3.0 m .7 Minimum interior side yard: .a principal building .b accessory building or structure 4.5 m 1.5 m .8 Minimum rear yard: .a principal building .b accessory building or structure 4.5 m 1.5 m 14.7.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 20.0 m2 for each dwelling unit. 14.7.5 OTHER REGULATIONS .1 A landscaping buffer to be provided along property lines abutting a residential zone and highway shall not apply. .2 An office shall not exceed a maximum gross floor area of 100 m2. 14.7.6 ALLOWABLE PROJECTIONS .1 In addition to the projections permitted in Table 4.1 of this Bylaw, the following projections apply: Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-13 Table 14.2 - CD7 Projections Feature Maximum projection in to Require Yards Roof features including roof projection, eaves, eave- troughs and gutters 1.7 m interior side yard 0.5 m front yard Open stairways, landings, steps 1.2 m interior side yard, provided that 1.5 m is still maintained between the feature and the property line 1.5 m front yard Covered or uncovered balcony, porch, and deck 1.6 m interior side yard (northern) 0.8 m interior side yard (southern) 14.7.7 PARKING REGULATIONS .1 Off-street vehicle parking shall comply with the standards and regulations established in Chapter 6 of this Bylaw. .2 Notwithstanding Section 14.7.7.1, up to 44% of the required off-street parking spaces may be designed as small car parking spaces, in accordance with Table 6.3 of this Bylaw. Such spaces shall be clearly marked with "small car". .3 Cash-in-lieu: in lieu of providing the required number of off-street vehicular parking spaces, the property owner may provide the City with a sum of money equal to the number of parking spaces not provided multiplied by the applicable cash-in-lieu amount as identified in Table 6.1 of this Bylaw. The sum of money will be deposited in the Off-Street Parking Reserve and Alternative Transportation Infrastructure Reserve at the rate of 75% to the Off-Street Parking Reserve and 25% to the Alternative Transportation Infrastructure Reserve. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-14 14.8 CD8 - Comprehensive Development (795 Westminster Ave W) 14.8.1 PURPOSE This zone provides for the comprehensive development of a medium-density, 3 storey, mixed- use development site for Lot 1 District Lot 2 Group 7 Similkameen Division Yale (Formerly Yale Lytton) District Plan 3979, located at 713 Westminster Ave W, Lot 2 District Lot 2 Group 7 Similkameen Division Yale (Formerly Yale Lytton) District Plan 3979, located at 737 Westminster Ave W, and Parcel A (KK20280) District Lot 2 Group 7 Similkameen Division Yale (Formerly Yale- Lytton) District Plan 3979, located at 795 Westminster Ave W. 14.8.2 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 apartment .3 artisan crafts .4 bakery .5 business support service .6 cannabis retail store .7 craft brewery/distillery .8 day care centre, major .9 dwelling unit .10 financial service .11 flex unit .12 health service .13 indoor animal day care and grooming .14 indoor amusement, entertainment and recreation .15 liquor primary licensed premise .16 live work unit (subject to specific use regulation 7.8) .17 minor home occupation (subject to specific use regulation 7.3) .18 office .19 on-site beer/wine making .20 personal service establishment .21 recreation equipment sale, service and rentals .22 restaurant .23 retail store .24 short term rental (subject to specific use regulation 7.6) .25 townhouse 14.8.3 SUBDIVISION AND DEVELOPMENT REGULATIONS .1 Minimum lot width: 90.0 m .2 Minimum lot area: 3,200 m² Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-15 .3 Maximum lot coverage: 56% .4 Maximum density: 1.1 FAR .5 Maximum height: 13.0 m .6 Minimum front yard: 1.5 m .7 Minimum interior side yard: 3.0 m .8 Minimum exterior side yard 1.5 m .9 Minimum rear yard: 2.5 m 14.8.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 10.0 m2 for each dwelling unit. .2 All amenity space may be provided above approved grade. 14.8.5 OTHER REGULATIONS .1 Commercial uses shall be limited to the first storey of the buildings. .2 In addition to the regulations in Section 7.8, live work units shall be limited to the first two storeys of the buildings. 14.8.6 PARKING REGULATIONS .1 Notwithstanding Table 6.6, the minimum number of parking spaces for uses shall be as follows: a. Minimum 44 parking spaces for dwelling units and live-work units; b. Minimum 4 parking spaces for visitor parking; and c. Minimum 3 parking spaces for commercial uses. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-16 14.9 CD9 - Comprehensive Development (1704 Government Street) (Bylaw No. 2024-05) 14.9.1 PURPOSE This zone provides for the comprehensive development of a high density, mixed use development site on Lot A, District Lot 3429S, SIMILKAMEEN DIVISION YALE DISTRICT, PLAN 23195 EXCEPT PLAN 37288, located at 1704 Government Street. 14.9.2 PERMITTED USES The permitted uses in this zone are: .1 accessory use, building or structure .2 animal clinic .3 apartment .4 artisan crafts .5 assembly .6 bakery .7 business support service .8 cannabis retail store .9 commercial school .10 convenience store .11 craft brewery/distillery .12 congregate housing .13 day care centre, major .14 day care centre, minor .15 dwelling unit .16 extended care residence .17 financial service .18 flex unit (subject to accessory suite regulation 8.4) .19 general industrial use (subject to the regulations in Section 14.9.5) .20 grocery store .21 health service .22 high technology service .23 hospital and patient care service .24 household repair service .25 indoor amusement, entertainment and recreation .26 indoor animal day care and grooming .27 liquor primary licensed premise .28 live work unit (subject to specific use regulation 7.8) .29 minor home occupation (subject to specific use regulation 7.3) .30 office .31 outdoor market .32 personal service establishment .33 public park a. community garden b. outdoor amusement, entertainment and recreation Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-17 c. outdoor market .34 recreation equipment sale, service and rentals .35 resort residential (subject to the regulations in Section 14.9.5) .36 restaurant .37 retail store .38 tourist accommodation (subject to the regulations in Section 14.9.5) .39 short term rental (subject to specific use regulation 7.6) 14.9.3 SUBDIVISION AND DEVELOPMENT REGULATIONS .1 Minimum lot width: 25.0 m .2 Minimum lot area: 2,200.0 m² .3 Maximum lot coverage: 65% .4 Maximum density: 3.4 FAR (subject to the regulations in Section 14.9.8) .5 Maximum height: Sub Area A: 29.0 m (8 storeys above approved grade) Sub Area B: 29.0 m (8 storeys above approved grade) Sub Area C: 43.0 m (12 storeys above approved grade) Sub Area D: 24.0 m (6 storeys above approved grade) Figure 17 - Maximum Height Sub Areas - 1704 Government Street .6 Minimum front yard: 3.0 m a. Except when a commercial use abuts an interior street: 0.0 m .7 Minimum interior side yard: 1.5 m .8 Minimum exterior side yard: 1.5 m Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-18 a. Except when a commercial use abuts an interior street: 0.0 m .9 Minimum rear yard: 4.0 m a. Except when abutting an industrial zone: 6.0 m 14.9.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 5.0 m2 for each dwelling unit. 14.9.5 OTHER REGULATIONS .1 Any buildings or structures exceeding 413 metres above sea level shall require approval by Interior Health and the City of Penticton in order to ensure no conflicts with the Penticton Regional Hospital helipad approach. .2 A minimum area of 2,046 m2 shall be provided for public park use. .3 General industrial uses shall not exceed 8,175 m2 gross floor area. .4 General industrial uses shall be limited to indoor use only or screened from view where abutting a public street or residential use. .5 Tourist accommodation uses on the site shall not exceed 53,220 m2. .6 Resort residential uses on the site shall not exceed 49% total residential gross floor area. .7 Commercial uses (excluding tourist accommodation) will be limited to the following maximum gross floor area in each phase as follows: Table 14.3 - Maximum Commercial Area by Phase Phase Maximum Commercial Gross Floor Area (m2) 1 7,776 2 0 3 0 4 1,157 5 0 6 705 7 1,400 14.9.6 ALLOWABLE PROJECTIONS .1 In addition to the projections permitted in Table 4.9 of this Bylaw, the following projections are permitted: Table 14.4 - CD9 Projections Feature Maximum Projection into Required Yards Covered or uncovered balcony, porch and deck 2.0 m front yard Fire escapes, open stairways, landings, steps, ramps, and patios 3.0 m front yard Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-19 14.9.7 PARKING REGULATIONS .1 Notwithstanding Table 6.6 of this Bylaw, residential vehicle parking requirements are as follows: Table 14.5 - CD9 Parking Regulations Use Parking Ratio Strata Residential - Studio 0.5 stalls per dwelling unit - 1 Bed 1 stall per dwelling unit - 2 Bed 1 stall per dwelling unit - 3 Bed 1.25 stalls per dwelling unit - Flex Unit 0.0 stalls per dwelling unit - Visitor 0.1 stalls per dwelling unit (excluding flex units) Rental Residential - Studio 0.5 stalls per dwelling unit - 1 Bed 0.5 stalls per dwelling unit - 2 Bed 1 stalls per dwelling unit - 3 Bed 1 stalls per dwelling unit - Flex Unit 0.0 stalls per dwelling unit - Visitor 0.1 stalls per dwelling unit (excluding flex units) .2 Cash-in-lieu: in lieu of providing the required number of off-street vehicular parking spaces, the property owner may provide the City with a sum of money equal to the number of parking spaces not provided multiplied by the applicable cash-in-lieu amount as identified in Table 6.1 of this Bylaw. The sum of money will be deposited in the Off-Street Parking Reserve and Alternative Transportation Infrastructure Reserve at the rate of 75% to the Off-Street Parking Reserve and 25% to the Alternative Transportation Infrastructure Reserve. .3 Notwithstanding Table 6.4 of this Bylaw, residential bicycle parking requirements are as follows: Table 14.6 - CD9 Bicycle Parking Regulations Use Class 1 Class 2 Residential 0.75 per dwelling unit No additional requirement Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-20 .4 A bicycle maintenance facility shall be provided in each residential building in a designated, secure area within the building with sufficient work space and provision of maintenance tools, wash station, and power outlet. 14.9.8 DENSITY BONUS .1 Notwithstanding section 14.9.3.4 of this Bylaw, the maximum density may be increased to 6.4 FAR provided that a minimum 25% of all dwelling units gained through the bonus density within the building(s) benefitting from the bonus density are provided as affordable dwelling units. .2 The affordable dwelling units secured through the density bonus provision outlined in Section 14.9.8.1 shall meet the Canada Mortgage and Housing Corporation (CMHC) definitions of affordable housing, as amended from time to time, and shall be secured through a housing agreement under section 483 of the Local Government Act, as amended from time to time. The housing agreement shall be registered on title of the affected lot(s) prior to building permit issuance for the building(s) benefitting from the bonus density. (Bylaw No. 2024-05) Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-21 .10 CD10 - Comprehensive Development (955 Timmins Street) (Bylaw No. 2024-37) 14.10.1 PURPOSE This zone provides for the comprehensive development of a mixed-use development site with commercial, recreational and residential uses for Lot A District Lots 1, 2 and 4 Group 7 Similkameen Division Yale (Yale-Lytton) District Plan EPP124254, located at 955 Timmins Street. 14.10.2 PERMITTED USES The permitted uses in this zone are: .6 accessory use, building or structure .7 apartment .8 artisan crafts .9 bakery .10 business support service .11 commercial school .12 day care centre, major .13 dwelling unit .14 health and fitness facilities .15 health service .16 indoor amusement, entertainment and recreation .17 liquor primary licensed premise .18 minor home occupation (subject to specific use regulation 7.3) .19 mobile vending unit .20 office .21 outdoor market .22 outdoor amusement, entertainment and recreation (subject to Section 14.10.6.2) .23 personal service establishment .24 recreation equipment sale, service and rentals .25 resort residential .26 restaurant .27 retail store .28 short term rental (subject to the specific use regulations in 7.6) .29 tourist accommodation 14.10.3 SUBDIVISION AND DEVELOPMENT REGULATIONS .9 Minimum lot width: 22 m2 .10 Minimum lot area: 2700 m2 .11 Maximum lot coverage: 65% .12 Maximum density: 0.7 FAR Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-22 .13 Maximum height: 18 m .14 Minimum front yard: 4.5 m .15 Minimum interior side yard: 4.0 m .16 Minimum rear yard: 10 m 14.10.4 AMENITY SPACE .2 Amenity space shall be provided at the rate of 5.0 m2 for each dwelling unit. .3 All amenity space may be provided above approved grade. 14.10.5 OTHER REGULATIONS .1 LANDSCAPE BUFFER .1 Notwithstanding Chapter 5, the landscaping and buffering shall be as follows: .a 200 m2 of landscaping must be provided in the parking areas .b 3.0 m in height landscape buffer and fencing must be provided for outdoor amusement, entertainment and recreation uses abutting residential, recreational, institutional or commercial zones. .2 PERMITTED USES .1 outdoor amusement, entertainment and recreation hours of operation are restricted to 8:00am - 8:00pm. .2 outdoor amusement, entertainment and recreation must be located 40 m from a residential zoned property, except in cases where adequate sound mitigation is provided to minimize the negative impacts on nearby properties in which case the standard building setbacks shall apply. 14.10.6 PARKING REGULATIONS .2 Notwithstanding Table 6.6, the minimum number of parking spaces for uses shall be as follows: Table 14.7 - Parking Requirements Use/Type Parking Space Requirement Residential 0.5 stalls per dwelling unit 0.06 visitor stalls per dwelling unit Commercial 1 stall per 60 m2 of NFA Accessible (subject to Table 6.2) 3 + 2% of total spaces over 100 spaces Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-23 Small Car (subject to Table 6.3) 35% of off-street parking spaces may be designed as small car parking spaces. .2 Notwithstanding Table 14.7, where a use is permitted in a zone, the use may, on a temporary basis, be carried on out-doors and may occupy required parking spaces between May to October. (Bylaw No. 2024-37) Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-24 14.11 CD11 - Comprehensive Development (10 Galt Avenue) (Bylaw No. 2025-27) 14.11.1 PURPOSE This zone provides for the comprehensive development of an up to 6-storey, medium density, multiple housing development for Lot 1 District Lot 116 Similkameen Division Yale District Plan 2027 except Plans M13339 and EPP139744, located at 10 Galt Avenue. 14.11.2 PERMITTED USES The permitted uses in the zone are: .1 accessory use, building or structure .2 apartment .3 congregate housing .4 day care centre, major .5 extended care residence .6 minor home occupation (subject to specific use regulation 7.3) .7 short term rental (subject to specific use regulation 7.6) .8 townhouse .9 office 14.11.3 SUBDIVISION AND DEVELOPMENT REGULATIONS Subdivision Regulations: .1 Minimum lot width: 25.0 m .2 Minimum lot area: 1400 m2 Development Regulations: .3 Maximum lot coverage: 73% .4 Maximum density: 3.0 FAR .5 Maximum height: .a principal building 24 m .b accessory building or structure 4.5 m .6 Minimum front yard (subject to general 0.4 m development regulation 4.2.6): .7 Minimum interior side yard (west): 3.0 m .8 Minimum interior side yard (south): 0.5 m .9 Minimum exterior side yard: 4.5 m .10 Minimum rear yard: 6.0 m 14.11.4 AMENITY SPACE .1 Amenity space shall be provided at the rate of 20.0 m2 for each dwelling unit. .2 25% of the required amenity space must be provided at the ground floor level. .3 A maximum of 20% of the total required amenity space may be provided as amenity space, indoor. Schedule A Zoning Bylaw No. 2024-22 Chapter 14 - Comprehensive Development Page 14-25 14.11.5 OTHER REGULATIONS .1 A maximum of 80% of the lot shall be covered with hard surfacing, including buildings, structures, parking areas, driveways, walkways, patios and similar construction. .2 Notwithstanding s.4.9 of this Bylaw, balconies may project up to 0.4 m from property line along Galt Avenue, provided that the projection has a clearance above grade of at least 2.8 m from a public street. .3 Notwithstanding s.5.2 of this Bylaw, landscape buffers shall not be required. .4 Notwithstanding Table 6.6 of this Bylaw, the minimum number of parking spaces for uses shall be as follows: Use Minimum Parking Space Requirement Apartment, Townhouse 0.5 per dwelling unit plus 0.2 spaces/unit for visitors Office No parking required .5 Notwithstanding Table 6.7 of this Bylaw, the number of Level 2 Charging spaces to be included is 0.5 per dwelling unit. .6 Residential uses must account for at least half of the gross floor area of all buildings and other structures. (Bylaw No. 2025-27)