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Bylaw No. 5105
Page 1
Bylaw No. 5105
Bylaw No. 5105
Page 2
Table of Contents
........................................................................................... 1
1. Title ............................................................................................................................. 3
2. Repeal of Bylaws ....................................................................................................... 3
3. Administration ........................................................................................................... 4
4. Definitions .................................................................................................................. 7
5. Establishment of Zones .......................................................................................... 26
A1 - AGRICULTURE .......................................................................................... 28
FD - FUTURE DEVELOPMENT ......................................................................... 30
RR - RURAL RESIDENTIAL .............................................................................. 31
R - PRIMARY RESIDENTIAL ............................................................................. 33
RM1 - LOW DENSITY MULTI-RESIDENTIAL.................................................... 35
RM2 - MEDIUM DENSITY MULTI-RESIDENTIAL ............................................. 36
RM3 - HIGH DENSITY MULTI-RESIDENTIAL ................................................... 37
MH1 - MOBILE AND MODULAR HOMES ......................................................... 39
C1 - NEIGHBOURHOOD COMMERCIAL .......................................................... 41
C2 - GENERAL COMMERCIAL ......................................................................... 43
C3 - SERVICE COMMERCIAL ........................................................................... 46
C4 - HIGHWAY COMMERCIAL ......................................................................... 48
C5 - TRANSITIONAL OFFICE............................................................................ 51
C6 - GAMING CENTRE ...................................................................................... 52
C7 - CORE BUSINESS ....................................................................................... 53
C8 - COMMERCIAL RECREATION ................................................................... 56
C9 - COMMERCIAL GUEST HOUSE ................................................................. 57
M1 - LIGHT INDUSTRY ...................................................................................... 58
M2 - MEDIUM INDUSTRY .................................................................................. 60
M3 - HEAVY INDUSTRY .................................................................................... 62
M4 - UTILITIES ................................................................................................... 63
P1 - INSTITUTIONAL ......................................................................................... 64
P2 - PARKS AND RECREATION ....................................................................... 67
W1 - WATERFRONT COMMERCIAL ................................................................ 68
W2 - WATERFRONT INDUSTRIAL ................................................................... 70
TH1 - TOWNHOUSE MULTI-FAMILY ................................................................ 71
6. General Regulations ............................................................................................... 73
7. Parking and Loading Regulations ......................................................................... 88
8. Comprehensive Development Zones .................................................................... 95
CD2 - COMPREHENSIVE DEVELOPMENT - MULTI-FAMILY RESIDENTIAL
INFILL - 4738 Athol Street ...................................................................... 95
CD3 - COMPREHENSIVE DEVELOPMENT - MULTI FAMILY RESIDENTIAL
INFILL - 4835 & 4825 BURDE ST. AND 3614 & 3618 5TH AVE. ........... 97
CD5 - COMPREHENSIVE DEVELOPMENT - 3045, 3053, 3063 Kingsway
Avenue ..................................................................................................... 98
Schedule A: Zoning Map .......................................................................................... 102
Bylaw No. 5105
Page 3
CITY OF PORT ALBERNI
ZONING BYLAW
BYLAW NO. 5105
WHEREAS the Local Government Act of the Province of British Columbia authorizes a local government to
enact bylaws, pursuant to the provisions of Sections 479 related to Zoning Bylaws, which divides the
municipality into zones and which sets regulations for each zone;
WHEREAS one of the principal purposes of this Bylaw is to guide the natural growth of the municipality in
a systematic and orderly way for the ultimate benefit of the community as a whole by ensuring that the
various uses made of land and structures in the municipality develop in proper relationship to one
another;
NOW THEREFORE BE IT RESOLVED that the Council of the City of Port Alberni, in open meeting assembled,
HEREBY ENACTS AS FOLLOWS:
1.
Title
This bylaw may be cited for all purposes as the "Zoning Bylaw No. 5105, 2024" hereinafter referred to as
the "Bylaw".
2.
Repeal of Bylaws
Bylaw No. 5074 and all amendments thereto are hereby repealed.
Bylaw No. 5105
Page 4
3.
Administration
NOTE: Diagrams are provided for illustration purposes only in this Bylaw.
NOTE: See Section 5 for zone abbreviations and zone groupings, as referenced throughout the Bylaw.
3.1
Application
3.1.1
This Bylaw shall be applicable to all land, buildings and structures, including the
surface of water, within the City of Port Alberni.
3.1.2
No building, structure or use shall be located, constructed, altered or expanded
except as is provided for in this Bylaw.
3.1.3
This Bylaw shall not relieve any person from complying with other Bylaws and
legislation that are relevant to the development or use of land.
3.2
Amendments to the Bylaw
3.2.1
Any person applying to have this Bylaw amended, whether a text or a zoning map
amendment or both, shall apply in writing using the prescribed form, describing the
proposed change, providing reasons in support of such application, and any
additional information required for application review and assessment.
3.2.2
Where an application to amend this Bylaw has been refused, no application the
same as or similar to the refused amendment shall again be considered by Council
for six (6) months after the date of refusal.
3.3
Bylaw Administration
This Bylaw is administered by officers, employees, and agents of the City of Port Alberni.
3.4
Enforcement and Inspection
Officers, employees, and agents of the City of Port Alberni are hereby authorized to:
3.4.1
Enforce this Bylaw and carry out inspections regarding the use and occupancy of
buildings and property;
3.4.2
Enter upon any property or premises, at all reasonable times, to ascertain whether
the provisions of this Bylaw are being complied with; and
3.4.3
Give notice to the owner of any property directing the owner or occupant to correct
any condition which constitutes a violation of this Bylaw.
3.5
Contravention
Every person who violates any of the provisions of the Bylaw, or who acts or suffers or permits
any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw,
or who neglects to do or refrains from doing anything required to be done under the provisions
of this Bylaw shall be deemed to be guilty of an infraction of this Bylaw.
3.6
Penalties
Bylaw No. 5105
Page 5
Every person guilty of an infraction of this Bylaw shall be liable on summary conviction to a
penalty not exceeding two thousand dollars ($2,000) for each infraction or offence. Each day
that a violation or infraction exists or is permitted to exist shall constitute a separate offence
under this Bylaw.
3.7
Permits and Licences
No permit or licence shall be issued for a building, structure, or use which violates any of the
provisions of this bylaw.
3.8
Severability
If any section, subsection, sentence or phrase of this Bylaw is for any reason held to be invalid
by the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Bylaw or the validity of the Bylaw as a whole.
3.9
Interpretation of Permitted Uses
3.9.1
No lands, buildings, or structures in any zone shall be used by the owner, occupier,
or any other person for any use, except one which is provided in this Bylaw as being
specifically permitted for the zone in which it is located. Any use not expressly
permitted is prohibited.
3.10
Non-conformity
3.10.1
Non-conforming uses and siting are permitted in accordance with the provisions of
the Local Government Act.
3.10.2
A use that is permitted in a zone may be located on any lot that existed prior to the
adoption of this Bylaw, including a lot that does not meet the minimum lot area
regulations as set out in this Bylaw, a lot that does not meet the minimum
frontage requirements as set out in this Bylaw, or a lot that does not meet both
the minimum lot area regulations and the minimum frontage requirements as set
out in this Bylaw.
3.11
Siting, Size, and Shape
No building or structure shall be constructed, reconstructed, altered, moved, or extended by
the owner, occupier, or any other person so that it contravenes the requirements, as provided
in this Bylaw, for the zone in which it is located, unless a variance has been granted for the
same.
3.12
Measurement Discrepancies
If there is any discrepancy in this Bylaw between the metric and imperial measures for a given
item, the metric value shall be considered the correct value for such item.
3.13
Rounding
3.13.1
Unless otherwise specified, fractions or decimals may be rounded to the nearest
whole number, tenth or hundredth, according to the degree of precision of the
provision in question.
Bylaw No. 5105
Page 6
3.13.2
Despite 3.14.1, where this Bylaw imposes as part of its regulations a minimum
numerical value, no smaller values may be rounded up to achieve compliance with
the provision.
Bylaw No. 5105
Page 7
4.
Definitions
In this Bylaw unless the context otherwise requires:
ACCESS AISLE
means a travelling lane in a parking area or parking lot which is immediately
adjacent to a parking space, is used for and/or is necessary for turning, backing,
or driving forward a motor vehicle into such parking space but is not used for
the parking or storage of motor vehicles.
ACCESSORY
BUILDING
a detached building, the use or intended use of which is ancillary to that of a
principal building situated on the same lot and excludes use for residential.
ACCESSORY
DWELLING UNIT
means a subordinate, self-contained dwelling unit attached to or detached from
a principal dwelling unit, where both dwelling units are located on the same
parcel. This includes a carriage house and garden suite.
ACCESSORY USE
means a use which customarily is ancillary, subordinate to and exclusively
devoted to a principal building, or use of a principal building, or a principal use
on the lot upon which such accessory use is located.
ACCESSIBLE
means the design and construction of buildings in a manner to make them
accessible and useable by persons with special needs and including features
which are complementary to the BC Building Code.
ADULT NOVELTY
means toys of a sexual nature, intended only for adult use.
ADULT RETAIL
STORE
means the use of premises to display or retail either or both of the following:
-
Adult novelties
-
Drug paraphernalia
AFFORDABLE
HOUSING
means rental or ownership housing that costs less than 30% of the before tax
household income, subject to change by CMHC or BC Housing.
AGENTS
means those professionals or tradespeople under contract to the City of Port
Alberni with responsibility for administration of the zoning bylaw.
AGRICULTURE
means the use of land, buildings and structures for growing, rearing, and
harvesting agricultural products or raising livestock. Agriculture includes
processing crops grown on the land, horticulture, storing and repairing farm
equipment used on the land, and other related uses including greenhouses. In
the context of this Bylaw, agriculture also includes aquaculture, horticulture,
and forest management use but excludes marijuana growing, the operation of
feedlots, fur farms, piggeries, poultry farms, and slaughterhouses.
AGRICULTURE
USE, INTENSIVE
means "Intensive Agriculture" as defined in Section 555 (1) of the Local
Government Act: for example, the confinement of poultry, livestock or fur
bearing animals, or the growing of mushrooms.
Bylaw No. 5105
Page 8
AMBULANCE
STATION
means a facility for the dispatch of ambulance services.
AMUSEMENT
ESTABLISHMENT
means premises that are used as billiard and pool halls, bingo halls, bowling
alleys, or premises in which three or more amusement machines are placed
provided or kept for the purpose of gain or profit of the operator.
AMUSEMENT
MACHINE
means a machine on which mechanical, electrical, automatic or computerized
games are played for amusement or entertainment and for which a coin or
token must be inserted or a fee charged for use.
ANIMAL SHELTER
means a facility for the temporary housing and care of lost, abandoned, or
homeless domestic animals.
ARTIST'S STUDIO
means a workspace for artists, artisans, craftspeople, including persons
engaged in the application, teaching, or performance of fine arts such as but
not limited to drawing, dance, vocal or instrumental music, painting,
photography, sculpture, and writing. May include the accessory sale of art
produced on the premises.
ASSEMBLY
means use of a building or structure for the gathering or meeting of persons for
charitable, philanthropic, cultural, political, educational or other similar
purpose.
ASSEMBLY,
CULTURAL AND
RECREATIONAL
FACILITIES
means facilities such as armouries, art galleries, auditoriums, bowling greens,
community centres, cultural centres, curling rinks, gymnasiums, meeting halls,
museums, libraries, skating rinks and arenas, stadiums, swimming pools and
tennis courts.
AUTOMOBILE OR
BOAT SALES OR
RENTAL LOT
means an open area used for the display, sales or rental of new or used
passenger motor vehicles, boats, mobile-homes, or trailers in operable
condition, and where no repair work is done except incidental repair of
vehicles.
AUTOMOTIVE
SALES, REPAIR
AND SERVICING
means automotive supply stores, car washes, motor vehicle dealers, motor
vehicle rental lots, motor vehicle repair shops, tire, battery, and automotive
accessory stores.
AUTOMOBILE
WRECKING YARD
means an open area where motor vehicles are disassembled, dismantled or
junked or where vehicles not in operable condition or used parts of motor
vehicles are stored.
BASEMENT
means that portion of a building between two floor levels, the lower of which is
partly underground, but which has at least one half of its height from finished
floor to finished ceiling above adjacent finished grade as determined by the
Building Inspector.
Bylaw No. 5105
Page 9
BED AND
BREAKFAST
means the use of part of a single detached dwelling for the accommodation of
paying overnight transient guests and where breakfast is the only meal which
may be served.
BOARDING and
LODGING
means a dwelling in which more than 2 sleeping units are rented, with or
without meals being provided, to more than 2 and not exceeding 15 persons,
other than members of the family of the tenant or owner.
BUILDING
means a structure, which is designed, erected or intended for the support,
enclosure, or protection of persons or property. When a structure is divided by
party walls located upon lot lines, then each portion of such structure shall be
deemed to be a separate building.
BUILDING, FRONT
LINE OF
means the furthest extending portion of the building which faces the front line
of the lot.
BUILDING
INSPECTOR
means the Building Inspector of the City of Port Alberni.
BUILDING, REAR
LINE OF
means the furthest extending portion of the building which faces the rear line
of the lot.
BUILDING,
TEMPORARY
means and includes:
(1) any building (except a garage or other accessory building) not having its
exterior walls supported on continuous concrete or masonry foundation or
walls.
(2) notwithstanding clause (1) above, a temporary building shall also include
boat shelters, bunkhouses, skid shacks, huts, tents, trailers, custom built
mobile units or any other similar type of portable building or structure,
whether or not the same be placed on foundations or affixed to the land in
any way.
a temporary building shall not be construed to include permanent prefabricated
residential dwellings, industrial, warehouse or storage buildings which conform
to the construction standards specified in the Building Bylaw.
CAMPGROUND
means a site operated and occupied for part of the year only as temporary
accommodation for short term, transient holiday makers in recreational
vehicles, wheeled trailers or tents. A campground does not include mobile-
home park, motel, hotel, or motor hotel.
CAMPING SITE
means a part of a campground where one wheeled trailer, recreational vehicle,
or tent is intended to be located.
CANNABIS
means a cannabis plant, including the phytocannabinoids produced by or found
in such a plant regardless of whether that part has been processed or not and
Bylaw No. 5105
Page 10
any substance or mixture of substances that contains or has on it and part of
such a plant and any substance that is identical to a phytocannabinoid
produced by or found in such a plant regardless of how the substance was
obtained. Marijuana shall have the same definition.
CANNABIS MICRO-
CULTIVATION
means the indoor small-scale growing of cannabis plants and harvesting material
from those plants, as well as associated activities. Canopy space up to 200 m2
(2,152 ft2) is permitted.
CANNABIS MICRO-
PROCESSING
means the small-scale manufacturing, packaging and labelling of cannabis
products destined for sale to consumers, and the intra-industry sale of these
products, including to provincially/territorially authorized distributors, as well as
associated activities. Up to 600 kg of dried flower may be processed annually.
CANNABIS
NURSERY
means the indoor growing of cannabis plants to produce starting material (seed
and seedlings) and associated activities. Canopy space must not exceed 50 m2
(538 ft2).
CANNABIS
PRODUCTION
FACILITY
means the use of land, buildings or structures for the cultivation, processing,
testing, destruction, packaging and shipping of cannabis/marijuana, or any
products containing or derived from cannabis that are regulated under the
federal Cannabis Act. These facilities may be further categorized as either a
standard or micro-cultivation use, a cannabis nursery use, or standard or micro-
processing use. May also include any medical marijuana facility regulated under
the Access to Cannabis for Medical Purposes Regulations. Specifically excludes
storefront or retail outlet distribution of cannabis.
CANNABIS RETAIL
STORE
means a retail business in a building, or part thereof, in which cannabis and
cannabis accessories, in all its forms and as licensed by the Province of British
Columbia, are sold to individuals who attend the premises. This use does not
include cannabis production, cultivation and distribution.
CANNABIS
STANDARD
CULTIVATION
means the indoor large-scale growing of cannabis plants and harvesting
material from those plants, as well as associated activities. Canopy space up to
or more than 200 m2 (2,152 ft2) is permitted.
CANNABIS
STANDARD
PROCESSING
means the large-scale manufacturing, packaging and labelling of cannabis
products destined for sale to consumers, and the intra-industry sale of these
products, including to provincially/territorially authorized distributors, as well
as associated activities. There is no limitation on the amount of dried flower
processed annually.
CARRIAGE HOUSE
means a detached, subordinate dwelling unit that contains a garage or similar
storage space on a ground floor, with a dwelling unit on an upper floor, located
on a permanent, continuous foundation.
Bylaw No. 5105
Page 11
CARTAGE AND
DELIVERY
means use of a building or structure by businesses engaged in local trucking,
parcel delivery, and similar operations, but excludes the operation of freight
trucking terminals.
CELLAR
means that portion of a building between two floor levels the lower of which is
wholly below grade and which has more than one half of its height, from
finished floor to finished ceiling, below finished grade as determined by the
Building Inspector.
CITY ENGINEER
means the City Engineer of the City of Port Alberni.
CLUB OR LODGE
means a building or establishment used by an association or organization for
fraternal, social or recreational purposes and which shall be operated for the
use of club members and their guests only.
COMMUNITY CARE
FACILITY
means any facility licensed or having an interim permit under the Community
Care and Assisted Living Act or related regulations, including hospice, all
facilities providing residential care for three or more children, youth, adults, or
seniors, and all other facilities caring for three or more children who are not
related to the operator by blood or marriage. This includes: Group Day Care,
Family Day Care, Nursery School and Child-Minding Facilities, Facilities for Out-
of-School Care, Specialized Day Care Facilities and Facilities for Residential Care
for Children.
COMMUNITY
GARDEN
means a non-commercial facility for the cultivation of fruits, flowers,
vegetables, or ornamental plants.
CONTRACTOR'S
SHOP
means an enclosed space used for the housing and/or operating of machinery,
the provision of services, the fabrication of building-related products, interior
storage, and may include the contractor's business office and exterior storage.
CONVENIENCE
STORE
means a commercial retail outlet not exceeding 200 m2 (2,153 ft2) in gross retail
floor area selling food, beverage and other household convenience items for
off-site consumption.
COUNCIL
means the City Council of the City of Port Alberni.
DORMITORY
means a building or portion thereof in which sleeping units are provided and/or
rented by an institution, agency or industry, and which is regulated and
maintained by such body. It may include commercial dining facilities.
DRIVE-IN/DRIVE-
THROUGH
means a commercial establishment with facilities for accommodating and
servicing customers travelling in motor vehicles, where customers remain in
their vehicles and obtain goods. Does not include car washing, drive-in theatres,
or gasoline service stations.
Bylaw No. 5105
Page 12
DRUG
PARAPHERNALIA
means equipment supporting the consumption of illegal drugs.
DWELLING,
MULTIPLE
RESIDENTIAL
means any building consisting of three or more dwelling units, each of which is
occupied or intended to be occupied as the permanent home or residence of
one household.
DWELLING, SINGLE
DETACHED
means any building consisting of one dwelling unit which is occupied or
intended to be occupied as the permanent home or residence of one
household. May include a fully enclosed secondary suite.
DWELLING, SEMI-
DETACHED
means any semi-detached building divided into two dwelling units, each of
which is occupied or intended to be occupied as the permanent home or
residence of one family, and in which the units share a party wall, or in the case
of an up and down duplex, are connected by a party floor/ceiling.
DWELLING UNIT
means one or more integrally connected habitable rooms, constituting a self-
contained unit with a separate entrance, containing cooking facilities, eating,
living, and sleeping areas and bathroom facilities, and occupied or constructed
to be occupied by a person or persons living together as a single household.
EMERGENCY
SHELTER
means short stay housing for less than 30 days for anyone who is experiencing
homelessness or at risk of homelessness. They operate all year, up to 24 hours a
day, seven days a week. Shelters provide dormitory style sleeping
arrangements, with varying levels of support to individuals usually including
food.
EXTREME
WEATHER SHELTER
means temporary spaces for people who are experiencing homelessness made
available during weather conditions where sleeping outside might threaten
health and safety. Activated by local government from November 1 through
March 31 (subject to change).
FAIRGROUND
means the use of premises for community events including festivals, fairs,
carnivals, equestrian and related events, exhibitions, outdoor markets, and
animal shows and may include the sale of goods.
FARM SALES
means direct sale of farm produce from farmer to consumer, incidental to farm
production. May include sale of agricultural production from other farms in the
vicinity.
FENCE
means a structure used as an enclosure, boundary or screening around all or
part of a lot.
FIRE HALL
means a building or structure or part thereof containing offices, vehicles and
equipment intended for the prevention or extinguishing of fires, including
ancillary rooms and activity areas for the firefighters, and may include ancillary
meeting rooms for public assemblies.
Bylaw No. 5105
Page 13
FLOOR AREA,
GROSS
means the total of all floors when measured from the outer wall of the building,
including all suites or dwelling units and all areas giving access such as corridors,
hallways, landings, foyers, staircases, and stairwells. Enclosed balconies,
mezzanines, porches, verandas, and elevator shafts shall be included.
FLOOR AREA
RATIO
means the value reached when dividing the gross floor area of all buildings on a
lot by the area of the lot. Except that the following shall not be included as
gross floor area for the purpose of computing floor area ratio:
(1) any portion of a storey used for parking purposes unless parking is a
principal use.
(2) any portion of a storey used for laundry purposes, unless laundry is the
principal use.
(3) any portion of a basement containing heating, laundry, recreational or
storage facilities, but excludes areas used for habitable
accommodation, and necessary access to habitable accommodation.
(4) architectural features which are permitted as projections into setbacks
areas as per Section 6.12 of this Bylaw.
(5) swimming pools and sundecks.
FOREST
MANAGEMENT
means the management of forests for the production of wood and to provide
outdoor recreation, to maintain, restore or enhance environmental conditions
for wildlife and for the protection and production of water supplies.
FRONTAGE
means the horizontal distance between the side lot lines measured at the point
where the side lot lines intersect the front lot line. On curvilinear streets,
frontage shall be determined by the minimum straight-line distance between
the side lot lines calculated 6 m from the front property line.
Bylaw No. 5105
Page 14
GARDEN SUITE
means a detached, subordinate dwelling unit, typically on a ground floor,
located on a permanent, continuous foundation.
GAMING CENTRE
means a building or part of a building where the principal use may include
bingo, electronic bingo, slot machines, electronic gaming, and tele-wagering.
GARAGE, PRIVATE
means a detached accessory building or a portion of a principal building used
primarily for the parking or temporary storage of private motor vehicles and in
which there are no facilities for repairing or servicing such vehicles.
GRADE OR GRADE
LEVEL
means the finished average ground level at the centre of the exterior wall of a
building.
GARDEN CENTRE
means a building or structure or part thereof for the growing, display,
wholesale or retail sale of flowers, fruits, vegetables, plants, shrubs, trees or
similar vegetation, and may include the sale of other goods, products and
equipment normally associated with gardening and landscaping, includes
nursery and landscape supplies.
HABITABLE FLOOR
SPACE
means a floor area within a dwelling designed for living, sleeping, eating or food
preparation, including a living room, dining room, bedroom, and kitchen.
HEDGE
means an arrangement of shrubs or low-growing trees that are closely planted
in a strip and intended to be maintained at a certain height, used to mark a
boundary or enclose or screen an area of land. Does not include vegetation,
foliage, or trees naturally occurring on a property.
HEIGHT, BUILDING
means the vertical distance from peak of roof to average height of all outside
corners of building at finished grade.
Bylaw No. 5105
Page 15
HELIPAD
means an area, either at ground level or elevated on a building or structure,
licensed by the federal government, and approved for the loading, landing and
takeoff of helicopters.
HOME
OCCUPATION
means an occupation or use which is ancillary or secondary to a permitted
residential use in accordance with the provisions of this Bylaw (Section 6.15).
HOTEL
means a commercial building containing more than six sleeping units to provide
temporary accommodation for the travelling public. Sleeping units may contain
microwave, bar fridge, coffee makers and in no case shall sleeping units be used
for any other commercial use. Sleeping units shall have separate entrances
through a common hallway include ancillary amenities such as fitness rooms,
pools and restaurants.
HOUSEHOLD
means an individual or two or more people related by blood, marriage,
adoption or foster parenthood or 5 unrelated non-transient people living as a
single group within a dwelling unit.
HOUSING
AGREEMENT
means an agreement between a property owner and the City as defined in
Section 483 of the Local Government Act.
IMPERMEABLE
SURFACE
means a surface which:
-
either prevents or impedes the entry of water into the soil mantle as
under natural conditions prior to development; and/or
-
a hard surface area which causes water to run off the surface in greater
quantities or at a rate of flow greater than those present under natural
conditions prior to development.
A surface will be considered impermeable when the runoff coefficient is
calculated to be greater than 0.3, as per the following table.
Surface
Runoff Coefficient
Concrete
0.8-0.95
Bylaw No. 5105
Page 16
Shingle Roof
0.75-0.95
Asphalt
0.7-0.95
Brick Pavers (12mm joint or less)
0.7-0.95
Turfstone
0.25
Uni Eco-Stone (with permeable joints)
0.25
Grasspave
0.1-0.25
Lawns,poor
drained (clay soil)
Over 7% slope
0.25-.035
2-7% slope
0.18-0.22
Up to 2% slope
0.13-0.17
Lawns,well
drained
(sandy
soil)
Over 7% slope
0.15-0.2
2-7% slope
0.1-0.15
Up to 2% slope
0.05-0.1
Forested
0.059-0.2
Surfaces other than those listed in the table are to be presented to the City for
approval with all applicable support material such as historical and manufacturer
details outlining the proposed runoff coefficient and surface designation. All
manufactured surfaces are to be installed with permeable joints and base
material. The base material is to be to a depth recommended by the
manufacturer to ensure sufficient infiltration and storage.
INTERNAL
ROADWAY
means a private road or driveway which affords access to a lot from a street,
excluding parking lots, parking spaces, and loading spaces.
JUNK YARD
means an area outside of an enclosed building where junk, or used, discarded
or salvaged materials are bought, sold, exchanged, stored, baled, packed,
disassembled, or handled. A junk yard shall not include the sale, purchase or
storage of used furniture or any manufacturing operations.
KENNEL
means any building, structure, compound, group of pens, or cages, or land on or
in which 3 or more dogs or cats are or are intended to be trained, cared for,
bred, boarded, or kept for any purpose whatsoever, and shall include any
building or part thereof in which 2 or more dogs are kept for breeding
purposes.
LANDSCAPE
BUFFER
means a landscaped area intended to separate two adjacent land uses or
properties, and to partially obstruct the view or block noise, lights or other
nuisances.
LANDSCAPING
AND LANDSCAPED
means the planting of lawns, shrubs and trees, and the addition of fencing,
walks, drives, or other structures and materials so as to enhance the
appearance of a property or where necessary to effectively screen a lot, site or
storage yard. NOTE: Landscaping may be subject to Development Permit
guidelines.
Bylaw No. 5105
Page 17
LANE
means a highway which affords only a secondary means of access to a lot, at
the side lot line or rear lot line.
LIVE-WORK
means the use of premises for:
(a) a dwelling unit, and
(b) a business operated by the occupant of the dwelling unit that may include
Day Dare, personal service, artist's studio, general or professional office use, but
does not include: any dating service, entertainment service, exotic dancer
business, social escort business, tattooing, piercing, branding, or other similar
business.
LIVESTOCK
means cattle, horses, sheep, goats, swine, rabbits, and fish.
LOADING SPACE
means an off-street space on the same lot as the building, or contiguous to a
group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials and which abuts upon a street,
lane or other appropriate means of access.
LOT
means any lot, block or other area in which land is held or into which it is
subdivided, including a bare land strata lot, but does not include a highway or a
building strata lot under the Strata Property Act.
LOT AREA
means the total horizontal area within the lot lines of a lot.
LOT, CORNER
means a lot at the intersection or junction of two or more streets.
LOT COVERAGE
means the total area of a lot covered by buildings or structures divided by the
area of the lot itself expressed as a percentage.
LOT DEPTH
means the mean horizontal distance between the front and rear lot lines.
LOT LINE, FRONT
means the boundary line between a lot and a street on which the lot abuts.
-
in the case of a corner lot, the shortest lot line shall be considered the
front lot line. Where both lot lines on a corner lot are equal in length the
lot line shall be considered a front lot line if the adjacent lot fronts on
the same street.
-
in the case of a through lot, the lot lines abutting two parallel or
approximately parallel streets shall both be considered as front lot lines.
-
in the case of a water access lot which only abuts a waterfront walkway
or a waterway giving boat access, the lot line nearest to or adjacent to
the water shall be considered the front line of a lot.
-
in the case of a lot which abuts a street and which abuts a waterway
giving boat access, the lot line adjacent to the street is designated as
the front lot line.
-
where the lot does not have a lot line that abuts on a public highway or
private road, or way, the front line of the lot shall be as determined by
the Approving Officer.
Bylaw No. 5105
Page 18
-
where a lot is divided by a public way such as a dedicated road, lane or
walkway, both sides of such public way shall be considered as front lot
lines.
LOT LINE, REAR
means the boundary line of a lot furthest from and opposite to the front lot line,
except that there shall not be more than one rear lot line.
LOT LINE, SIDE
means a boundary line of a lot connecting front and rear lot lines.
LOT, STRATA
means a lot shown on a strata plan.
LOT, THROUGH
means a lot abutting two parallel or approximately parallel streets.
LOT WIDTH
means the distance between the lot lines connecting front and rear lot lines at
each side of the lot, measured across the rear of the required front yard.
MANUFACTURING
means large scale processing of raw materials to produce goods or products
and includes assembly of component parts. Does not include boiler and plate
work, cement manufacturing, metal fabrication, paper manufacturing, sawmill,
pulp mill, or ship building.
MARINA
means an establishment, including buildings, structures and docking facilities,
and located on and adjacent to a navigable body of water, and used for the
mooring, berthing and storing of boats and marine equipment, and may include
facilities for the sale, rental and repair of boats and accessory marine crafts.
MARKET GARDEN,
URBAN
means the use of land on a limited scale for the growing, harvesting and selling
of fruits, vegetables, edible plants and the like but specifically excludes the
growing of mushrooms. See related regulations in Section 6.25.
MARKET HOUSING
means housing that is privately owned by an individual (or a company) who
generally does not receive direct subsidies to purchase or maintain it. Prices are
set by the private market.
MARQUEE
means a permanent roofed structure attached to or supported by a building
and projecting over public or private sidewalks or right-of-way.
MEDICAL
MARIJUANA
FACILITY
means a building or structure, approved and licensed by Health Canada, for the
production and/or packaging and/or laboratory testing of marijuana, but
specifically excludes storefront or retail outlet distribution of medical
marijuana.
MEDICAL SERVICES means health professions and services such as, but not limited to doctors,
dentists, chiropractors, osteopaths, registered nurses, physio and massage
therapists; includes clinics and health labs.
MICRO-BREWERY/
MICRO-DISTILLERY
means a facility, for the manufacturing of beer, cider or spirits, that produces
less than 10,000 hectolitres per year and is licensed under a Manufacturing
Bylaw No. 5105
Page 19
License by the Province of British Columbia and may include the following
accessory uses: wholesaling of, tours of, retail sales of, and tasting of beer, cider
or spirits produced on-site.
MINI-STORAGE
means self-contained storage rental units, with independent external
entrances, for the storage of general household goods, vehicles and the like.
MOBILE HOME
means a single detached dwelling, factory built as a unit or units, suitable for
year-round occupancy, capable of being drawn or moved from place to place,
and meeting the CAN/CSA-Z240 MH standard.
MODULAR HOME
means finished sections of a complete dwelling built in a factory for
transportation to the site for installation. Finished means fully enclosed on
exterior and interior but need not include interior painting, taping, installation
of cabinets, floor coverings, fixtures, heating systems, and exterior finishes.
Modular homes conform to the National Building Code of Canada or British
Columbia Building Code where mandated and contain a CSA modular home
label.
MOTEL
means a building or group of buildings wherein more than six (6) units of
sleeping accommodation is provided, for temporary occupation by transient
motorists, none of which shall be used for retail trade. Each sleeping unit shall
have a separate exterior entrance. A motel may include a café or restaurant and
such ancillary facilities as self-service laundry. Each sleeping unit shall be
self-contained, having its own bathroom with a toilet, wash basin and bath or
shower. Each sleeping unit shall have its own parking space conveniently
located on the lot and may contain basic cooking facilities in the units.
MOTHER'S CENTRE
means a shared and independent residential living space with built-in supports
exclusively for women and children, including counselling, childcare, and
administrative office space, but does not include intensive healthcare services.
NATURAL
BOUNDARY
means the visible high-water mark 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 upon the soil of the bed
of the lake, river or stream, or other body of water, a character distinct from
that of the banks thereof, in respect to vegetation, as well as in respect to the
nature of the soil itself.
OFFICE
means the use of a room or group of rooms within a building to conduct the
affairs of a business, profession, service, industry, or government.
PARKING LOT
means an open area of land, other than a street or lane, used for the parking of
vehicles. May be either commercial or non-commercial activity.
Bylaw No. 5105
Page 20
PARKING SPACE
means a space on a driveway for single, semidetached and townhouses, or
within a building, or a parking lot for multi-residential uses, for the parking of
one vehicle, excluding ramps, and access aisles.
PARKING SPACE,
ACCESSIBLE
means the design and construction of a parking space in a manner that is
accessible and useable by persons with special needs and including features
which are complementary to the BC Building Code such as a marked pedestrian
aisle.
PARTY WALL
means a wall jointly owned and/or shared by two or more parties as defined in
the BC Building Code.
PERSONAL
SERVICE
means establishments primarily engaged in providing services involving the care
of a person or his or her personal goods or apparel. Personal services may
include activities such as dry cleaning, laundry, linen supply, diaper service,
beauty shops, barbershops, shoe repair, funeral home, steam baths, fitness
centres, health clubs, and, animal grooming services.
PLACE OF
WORSHIP
means a church, temple, mosque, synagogue and the like, but excludes schools.
POLICE STATION
means a facility containing offices, detainment areas, laboratories and related
ancillary facilities for the police in carrying out their duties of maintaining law
and order.
PORCH, OPEN
means an unenclosed projection from the main wall of a building that may or
may not use columns or other ground supports for structural purposes.
POULTRY
means domesticated birds kept for eggs, meat, feathers, hide, or other related
purposes, and includes Cornish hens, layers, meat birds, breeding stock,
replacement pullets, roasters, or ducks. On properties zoned to permit
agriculture, also includes geese, turkeys, game birds, and ratites.
PRINCIPAL
BUILDING
means a building in which the principal use of the lot on which the building is
located is conducted.
PRINCIPAL USE
means the main or primary use of a premise that is provided for in the list of
permitted uses in the zones in this Bylaw.
PRINTING,
PUBLISHING AND
ALLIED INDUSTRY
means a facility for the printing, publishing, engraving, or copying of papers,
plans and newsprint.
PROFESSIONAL
SERVICE
means an office that is used for work involving specialized areas of expertise
and advice to clients. Professional services may include engineering,
accounting, marketing, graphic design, architecture, realty, and financial and
legal services.
Bylaw No. 5105
Page 21
PUBLIC MARKET
means a market held in an open area or in a structure where groups of
individual sellers offer for sale to the public such items as fresh produce,
seasonal fruits, fresh flowers, arts and crafts items, and food and beverages
(but not to include second-hand goods) dispensed from booths located on-site.
PUBLIC UTILITY
means a system, works, plant, operative stationary equipment or service which
furnishes services and facilities, available to or for the use of all the inhabitants
of the City, including but not limited to:
(1)
communication by way of telephone or cable or satellite;
(2)
public transportation by bus or trolley coach;
(3)
production, transmission, delivery or furnishing of water, gas or electricity
to the public at large; and
(4)
collection and disposal of sewage, garbage and other wastes.
a public utility can be owned or operated by or for the City or by a corporation
under agreement with or a franchise from the City or under a federal or
provincial statute.
PUBLIC UTILITY,
UNATTENDED
means a utility use where no employee is required to be on the site except for
required repair and maintenance needs.
RATITE
means a bird that has small or rudimentary wings and no keel to the
breastbone, and includes ostriches, rheas, and emus.
RECREATIONAL
VEHICLE
means a vehicle requiring a licence and designed to be used for temporary
living and travel, recreation or vacationing and includes such vehicles commonly
known as travel trailers, camper trailers, truck campers, motor homes, boats,
snowmobiles, or other similar vehicles but does not include manufactured
home.
RETAIL
means a building or part thereof in which foods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public.
Does not include pawn shops or adult retail.
RESIDENTIAL
RENTAL TENURE
means in relation to a dwelling unit in a multi-family residential building or
multiple dwelling, a tenancy governed by a tenancy agreement that complies
with the Residential Tenancy Act.
RESTAURANT
means a business establishment where food and beverages are prepared,
served and consumed on the premises, and includes facilities for ordering and
pick-up for consumption off-site. A restaurant may include dining
establishments issued a food primary license pursuant to the Liquor Control and
Licensing Act.
ROOF AREA
means the horizontal area of a roof regardless of the style or slope of the roof.
Bylaw No. 5105
Page 22
SCHOOL
means a school, providing an educational program offered by a district
pursuant to the School Act, an Independent School pursuant to the
Independent School Act, or a college or community college or educational
facility as certified under the Private Training Act and/or constituted and
established pursuant to a provincial statute.
SCREENING
means a continuous tight-board fence or wall uniformly finished or a compact
evergreen hedge or combination thereof, supplemented with landscape
planting, that would effectively screen the property which it encloses, and is
broken only by access driveways and walkways.
SECONDARY SUITE
means a dwelling unit that is contained within and accessory to a single real
estate entity and is comprised of one or more habitable rooms, intended for
use as a separate and independent residence. A secondary suite contains
sleeping facilities, a bathroom, and cooking facilities that are for the exclusive
use of the occupant(s) of the suite.
SETBACK
means the required minimum distance between a building or use and each of
the respective lot lines.
SHOPPING CENTRE
means a group of retail stores and related businesses, which may include
restaurants, personal services, offices, and veterinary clinics, in one or more
buildings designed as an integrated unit, together with its ancillary parking and
landscaped areas.
SLEEPING UNIT
means one or more habitable rooms used or intended to be used for sleeping,
or sleeping and living purposes, but not including a kitchen sink or cooking
facilities. A bathroom containing a water closet, wash basin and a bath or
shower may be shared.
SMALL REPAIRS
means the repair of small items such as instruments, jewellery, small
appliances.
SOCIAL SERVICE
CENTRE
means a building used for administrative purposes and to provide information,
referral, counselling and advocacy services.
STEWARDSHIP
CENTRE
means a building, open to the public, that includes exhibits, interpretive and
educational activities related to local ecological resources through public
education, planning, events, research and management.
STORAGE
BUILDING
means a building where the principal use is the storage of goods, wares,
merchandise, substances, articles or other items.
STORAGE YARD
means an area outside of an enclosed building where contractors' or
construction materials and equipment, solid fuels, lumber and new building
materials, monuments and stone products, public service and utility equipment,
Bylaw No. 5105
Page 23
or other materials, goods, products, vehicles, equipment or machinery are
stored, baled, piled, handled, sold or distributed, as a principal or an accessory
use. A storage yard does not include an automobile wrecking yard or a junk
yard.
STREET
means a public highway, road or thoroughfare which affords the principal
means of access to abutting lots.
STRUCTURE
means anything constructed or erected, the use of which requires location on
the ground or attachment to something having location on the ground but shall
not include walls less than 1.5 m (4.9 ft) in height or fences that do not exceed
the height permitted in the zone in which they are located.
SUBSIDIZED
HOUSING
means all types of housing that receive subsidy or rental assistance for those
living in the private market from public sources (be they federal,
provincial/territorial, or municipal).
SUBDIVISION
APPROVING
OFFICER
means an Approving Officer appointed by the Council under the Land Titles Act.
SUPPORTIVE
HOUSING
means housing that has no limit on length of stay, is purpose-designed building
that provides ongoing supports and services to individuals who cannot live
independently.
THEATRE
means a building or part thereof devoted to dramatic, dance, musical or other
live performances.
TRANSITION
HOUSE
means a facility providing temporary accommodation and/or counselling to
persons in need or distress. Facilities operated under the Community Care
Facilities Act, Correction Act or Mental Health Act are not included in this
definition.
TRANSITIONAL
HOUSING
provides housing for more than 30 days up to three years that includes
provision of support services, on or off site, to help individuals move towards
independence and self-sufficiency. This form of housing is often called second
stage housing.
TRANSPORTATION
DISPATCH AND
DEPOT
means a transportation centre. Includes taxi dispatch, bus terminals, and other
similar uses.
UNDERGROUND
PARKING
means an area devoted exclusively for parking vehicles and is located beneath a
principal building which is completely enclosed and exclusively devoted to
parking vehicles. This area shall not be considered a storey.
Bylaw No. 5105
Page 24
USEABLE OPEN
SPACE
means a level, unobstructed area or areas, available for safe and convenient use
by all the building's users and occupants providing for greenery, recreational
space and other leisure activities normally carried on outdoors. Usable open
space shall exclude areas used for off-street parking, off-street loading, service
driveways, public walkways, and required front yards.
USE
means the purpose for which any lot, parcel, tract of land, building or structure
is designed, arranged or intended, or for which it is occupied or maintained.
VIDEO RENTAL
STORE
means a business where the primary activity is to rent or sell videos, DVD's,
video games, and related items.
WHOLESALE
means a business establishment devoted to wholesale sales, being: the sale of
goods, commodities and merchandise to retail distributors; to other wholesale
distributors; to industrial, commercial, institutional or professional business
users; or acting as agents or brokers and buying or selling goods, commodities
and merchandise for incorporation and assembly into other products.
YARD, FRONT
means that portion of the lot, extending from one side lot line to the other,
between the front line of the lot and a line drawn parallel thereto. The depth of
such yard shall mean the perpendicular distance between the front line of the
lot and the parallel line. In the case of a through lot there shall be two such
front yards.
YARD, REAR
means that portion of the lot, extending from one side lot line to the other,
between the rear line of the lot and a line drawn parallel thereto. The depth of
such yard shall mean the perpendicular distance between the rear line of the
lot and the parallel line.
YARD, REQUIRED
means the minimum front, rear, or side yard specified for each zone.
YARD, SIDE
means that portion of the lot, extending from the front yard to the rear yard
between the side line of the lot and a line drawn parallel thereto. The width of
Bylaw No. 5105
Page 25
such yard shall mean the perpendicular distance between the side line of the
said lot and the parallel line.
ZONE
means an area delineated on the Schedule A Zoning Map and established and
designated by this Bylaw for a specific use(s).
Bylaw No. 5105
Page 26
5.
Establishment of Zones
5.1
For the purposes of this Bylaw, the lands and waters within the corporate limits of the City of
Port Alberni are hereby classified and divided into the following zones:
A1 - Agriculture
FD - Future Development
RR - Rural Residential
R - Primary Residential
RM1 - Low Density Multi-Residential
RM2 - Medium Density Multi-Residential
RM3 - Higher Density Multi-Residential
MH1 - Mobile and Modular Homes
C1 - Neighbourhood Commercial
C2 - General Commercial
C3 - Service Commercial
C4 - Highway Commercial
C5 - Transitional Office
C6 - Gaming Centre
C7 - Core Business
C8 - Commercial Recreation
C9 - Commercial Guest House
M1 - Light Industry
M2 - Medium Industry
M3 - Heavy Industry
M4 - Utilities
P1 - Institutional
P2 - Parks and Recreation
W1 - Waterfront Commercial
W2 - Waterfront Industrial
TH1 - Townhouse Multi-Family
CD2 - Comprehensive Development - Multi-Family Residential Infill - 4738 Athol Street
CD3 - Comprehensive Development - Multi-Family Residential Infill - 4835 & 4825 Burde St.
and 3614 & 3618 5TH Ave.
CD4 - Comprehensive Development - 3830 5th Avenue
CD5 - Comprehensive Development - 3045, 3053, 3063 Kingsway Avenue
5.2
For the purpose of convenience throughout the Bylaw the following designations shall be used
for groups of zones:
R zones
Shall mean all zones beginning with a single R.
RM zones
Shall mean all zones beginning with RM or MH followed by a number.
RR zones
Shall mean all zones beginning with RR.
A zones
Shall mean A1 and FD zones.
C zones
Shall mean all zones beginning with C followed by a number.
M zones
Shall mean all zones beginning with M followed by a number.
P zones
Shall mean all zones beginning with P followed by a number.
W zones
Shall mean all zones beginning with W followed by a number.
Bylaw No. 5105
Page 27
5.3
Zoning Map
The location and extent of each zone established by this Bylaw is shown on the "Zoning Map"
marked Schedule "A", attached hereto and made part of this Bylaw.
5.4
Zone Boundaries
5.4.1
Where a zone boundary is shown on the zoning map as following a road allowance
or a watercourse, the centre line of such road allowance or watercourse shall be
the zone boundary.
5.4.2
Where a zone boundary does not follow a legally defined line, and where distances
are not specifically indicated, the location of such boundary shall be determined
by the use of a scale ruler on the Zoning Map.
5.4.3
Where land that originally formed part of a highway is consolidated with a lot, such
land shall be deemed to have the same zone designation as the augmented lot.
5.5
Permitted in all Zones
The following uses are permitted in all zones:
5.5.1
Accessory Buildings and Structures
5.5.2
Public parks and playgrounds
5.5.3
Unattended Public Utility Use
5.5.4
Community Gardens
5.5.5
Market Gardens
5.5.6
Natural areas
5.5.7
Daycare or other preschools
5.6
Zone Abbreviations
Where zone abbreviations are used within the text of this Bylaw, they shall be read in the same
manner as the full textual name of the zone would be read.
Bylaw No. 5105
Page 28
A1 - AGRICULTURE
5.7
The purpose of this zone is to permit agricultural uses.
5.7.1
Permitted Uses
(may be subject to approval by the BC Agricultural Land Commission)
Principal Uses
Accessory Uses
Agriculture, except for intensive agricultural uses
Bed and breakfast
Aviary
Farm market operation
Garden shop, nursery, and landscape
supplies
Farm sales
Kennel
Guest house
Single detached dwelling
Home occupation
Housing for farm labour
Secondary suite
Supportive housing
5.7.2
Site Development Regulations
Minimum Lot Area
2 ha
(4.94 ac)
Minimum Frontage
100 m
(328 ft)
Maximum Coverage
40%
Maximum Coverage: Greenhouse operations
75%
Minimum Setbacks (Principal Residence):
Front yard
7.5 m
(24.6 ft)
Rear yard
9 m
(29.5 ft)
Side yard
4 m
(13.1 ft)
Maximum Height, Residence
10 m
(32.8 ft)
Maximum Height, Livestock Building
15 m
(49.2 ft)
Maximum Number of Building Storeys
2.5
Maximum number of residential units per lot
2
5.7.3
Conditions of Use
a)
Notwithstanding the provisions of 5.7.2, farm market operations shall be
limited to a maximum of 200 m2 (2,153 ft2) of gross floor area.
b)
A minimum of 50% of the farm market operations retail floor space shall sell
farm products produced on-farm or by farms in the vicinity. No more than
50% of the farm sales floor space may be used for the display and sale of
other products, e.g. crafts, agricultural products from outside of the local
area, or other products for retail sale.
Bylaw No. 5105
Page 29
c)
All building, structures, cages, pens or runs used for kennels, aviaries, or the
keeping of bees, cows, goats, horses, pigeons, and poultry shall be located
not less than 25 m (82 ft) from all lot lines, and not less than 9 m (29.5 ft)
from a dwelling situate on the same lot.
d)
Lots less than 0.4 ha (1 ac) in area shall not be used for the keeping of cows,
goats, horses, pigeons, or other animals, except as provided for in Section
6.24 of this Bylaw.
e)
An area of not less than 0.2 ha (0.5 ac) shall be made available for the
keeping of each horse, cow, goat, sheep, or other similar animal.
f)
The construction of additional housing for farm labour requires that the farm
have "farm status" per BC Assessment, and that more than one full-time
person, in addition to the principal operator/farmer, is employed on the
farm.
g)
For supportive housing, the maximum number of persons in care shall not
exceed four (4).
Bylaw No. 5105
Page 30
FD - FUTURE DEVELOPMENT
5.8
The purpose of this zone is to retain land required for future development in large parcels, to
the extent possible, so that urban development may someday proceed in an orderly fashion.
These zone provisions enable lands to be used for open space, parks, or forestry uses on an
interim basis.
5.8.1
Permitted Uses
Principal Uses
Accessory Uses
Agriculture, except for intensive agricultural
uses
Bed and breakfast
Home occupation
Secondary suite
Kennel
Single detached dwelling
5.8.2
Site Development Regulations
Minimum Lot Area
4 ha
(9.88 ac)
Minimum Frontage
150 m
(492 ft)
Maximum Coverage
10%
Minimum Setbacks:
Front yard
7.5 m
(24.6 ft)
Rear yard
9 m
(29.5 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
10 m
(32.8 ft)
Maximum Number of Principal Building Storeys
2.5
Maximum number of residential units per lot
2
5.8.3
Conditions of Use
a)
The maximum coverage calculation shall include greenhouses.
b)
Notwithstanding the provisions of 5.8.2, all buildings, structures, cages, pens
or runs used for kennels, aviaries and the keeping of bees, shall be located
not less than 25 m (82 ft) from all lot lines, and not less than 9 m (29.5 ft)
from a dwelling situate on the same lot.
c)
Lots less than 0.4 ha (1 ac) in area shall not be used for the keeping of cows,
goats, horses, pigeons, or other animals, except as provided for in Section
6.23 of this Bylaw.
d)
An area of not less than 0.2 ha (0.5 ac) shall be made available for the
keeping of each horse, cow, goat, sheep, or other similar animal.
Bylaw No. 5105
Page 31
RR - RURAL RESIDENTIAL
5.9
The purpose of this zone is to provide for gentle density and small-scale multi-unit residential
development of a semi-rural character.
5.9.1
Permitted Uses
Principal Uses
Accessory Uses
Single detached dwelling
Home occupation
Semi-detached dwelling
Accessory Dwelling Unit
Multi-residential dwellings
Secondary Suite
Aviary
Kennel
Agriculture, except intensive agriculture uses
Bed and breakfast
Supportive Housing
Site Specific Uses
A second single detached dwelling, or a
semi-detached dwelling
5.9.2
Site Development Regulations
Minimum Lot Area
1100 m2
(11840 ft2)
Minimum Frontage
20 m
(65.6 ft)
Maximum Number of Dwelling Units per Lot
4
Maximum Coverage
40%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
6 m
(19.7 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
11 m
(36.1 ft)
Maximum Impermeable Surface Area
60%
5.9.3
Conditions of Use
a)
Notwithstanding the provisions of 5.9.2:
(i) On a corner lot, the side yard by the flanking street must be not less
than 3 m (9.8 ft) wide.
(ii) For principal buildings having no carport or attached garage and with
no access to the rear or the side of the lot from a street or lane, the
minimum side yard requirement shall be increased to 3 m (9.8 ft) for
one side yard.
(iii) Internal roadways that access more than two dwelling units are
excluded from the calculation of maximum impermeable surface area.
b)
Groups of single and semi-detached dwellings are permitted, as an exception to
Section 6.1 of this bylaw.
Bylaw No. 5105
Page 32
c)
Any combination of dwelling units is permitted on a lot so long as a principal
building is present on the lot.
d)
Notwithstanding Sections 5.9.1 and 5.9.2, any lot that is larger than 4,050 m2
(1 ac) or not connected to municipal water and sanitary sewer services is
limited to one single-detached dwelling plus secondary suite.
e)
For supportive housing, the maximum number of persons in care shall not
exceed four (4).
f)
Lots less than 0.4 ha (1 ac) in area shall not be used for the keeping of cows,
goats, horses, pigeons, or other animals, except as provided for in Section 6.23
of this Bylaw.
g)
An area of not less than 0.2 ha (0.5 ac) shall be made available for the keeping
of each horse, cow, goat, sheep, or other similar animal.
h)
Kennels, aviaries and greenhouses are only permitted on lots greater than 8,000
m2 (2 acres) in size.
i)
Agriculture uses are only permitted on lots greater than 0.4 ha (1 ac).
5.9.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Use
Site Address
Site Legal Description
A second single-
detached dwelling, or a
semi-detached dwelling
2831 Burde Street
Block 20, District Lot 139,
Alberni District, Plan VIP1401A
Except Plan 37251
Bylaw No. 5105
Page 33
R - PRIMARY RESIDENTIAL
5.10
The purpose of this zone is to provide for gentle density and small-scale multi-unit residential
development.
5.10.1
Permitted Uses
Principal Uses
Accessory Uses
Single detached dwelling
Home occupation
Semi-detached dwelling
Accessory Dwelling Unit
Multi-residential dwellings
Secondary Suite
Bed and Breakfast
Supportive Housing
5.10.2
Site Development Regulations
Minimum Lot Area
280 m2
(3,014 ft2)
Minimum Frontage
10 m
(32.8 ft)
Maximum Number of Dwelling Units per Lot
OR on lots less than 280 m2 (3,014 ft2)
4
3
Maximum Coverage
60%
Minimum Setbacks:
Front yard
3 m
(9.8 ft)
Rear yard
5 m
(16.4 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
11 m
(36.1 ft)
Maximum Impermeable Surface Area
70%
5.10.3
Conditions of Use
a)
Notwithstanding the provisions of 5.10.2:
(i) On a corner lot, the side yard by the flanking street must be not less
than 3 m (9.8 ft) wide.
(ii) For principal buildings having no carport or attached garage and with
no access to the rear or the side of the lot from a street or lane, the
minimum side yard requirement shall be increased to 3 m (9.8 ft) for
one side yard.
(iii) Internal roadways that access more than two dwelling units are
excluded from the calculation of maximum impermeable surface
area.
(iv) The maximum impermeable surface area when a lot contains three or
more dwelling units is 75%.
b)
Groups of single and semi-detached dwellings are permitted, as an exception
Bylaw No. 5105
Page 34
to Section 6.1 of this bylaw.
c)
Any combination of dwelling units is permitted on a lot so long as a principal
building is present on the lot.
d)
Notwithstanding Sections 5.10.1 and 5.10.2, any lot that is larger than
4,050m2 (1 ac) or not connected to municipal water and sanitary sewer
services is limited to one single-detached dwelling plus secondary suite.
e)
For supportive housing, the maximum number of persons in care shall not
exceed four (4).
Bylaw No. 5105
Page 35
RM1 - LOW DENSITY MULTI-RESIDENTIAL
5.11
The purpose of this zone is to provide for lower density multiple family residential
development.
5.11.1
Permitted Uses
Principal Uses
Accessory Uses
Community care facility
Home occupation
Multi-residential dwelling
Single detached dwelling
Semi-detached dwelling
5.11.2
Site Development Regulations
Minimum Lot Area
Single detached dwelling
500 m2
(5,382 ft2)
Semi-detached dwelling
700 m2
(7,535 ft2)
Four (4) dwelling units or less
900 m2
(9,688 ft2)
Over four (4) dwelling units
1,000 m2
(10,764 ft2)
Minimum Frontage
Single detached dwelling
15 m
49.2 ft
Semi-detached dwelling
20 m
65.6 ft
Four (4) dwelling units or less
25 m
82.0 ft
Over four (4) dwelling units
30 m
98.4 ft
Maximum Coverage
40%
Minimum Setbacks:
Front yard
7.5 m
(24.6 ft)
Rear yard
9 m
(29.5 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Floor Area Ratio
0.5
Maximum Height, Principal Building
10 m
(32.8 ft)
5.11.3
Conditions of Use
a)
The principal access to each dwelling unit shall be from an outdoor area.
b)
Groups of single and semi-detached or multi-residential dwellings are
permitted, as an exception to Section 6.1 of this bylaw.
c)
Site development for single and semi-detached dwellings must be in
accordance with the R zone regulations provided in Sections 5.10.2 and
5.10.3.
Bylaw No. 5105
Page 36
RM2 - MEDIUM DENSITY MULTI-RESIDENTIAL
5.12
The purpose of this zone is to provide for medium density multiple family residential
development.
5.12.1
Permitted Uses
Principal Uses
Accessory Uses
Boarding and lodging
Home occupation
Community care facility
Multi-residential dwellings
Single detached dwelling
Semi-detached dwelling
5.12.2
Site Development Regulations
Minimum Lot Area
840 m2
(9,043 ft2)
Minimum Frontage
25 m
(82.0 ft)
Maximum Coverage
50%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
9 m
(29.5 ft)
Side yard
5 m
(16.4 ft)
Maximum Floor Area Ratio
0.8
Maximum Height, Principal Building
12.5 m
(41.0 ft)
5.12.3
Conditions of Use
a)
Notwithstanding the provisions of 5.12.2, useable open space shall be provided
on the lot of not less than 45 m2 (484.4 ft2) for each dwelling unit containing 3
or more bedrooms, and not less than 18 m2 (193.3 ft2) for each dwelling unit of
smaller size.
b)
Groups of single and semi-detached or multi-residential dwellings are
permitted, as an exception to Section 6.1 of this Bylaw.
c)
Site development for single detached and semi-detached dwellings must be in
accordance with the R zone regulations provided in Sections 5.10.2 and 5.10.3.
Bylaw No. 5105
Page 37
RM3 - HIGH DENSITY MULTI-RESIDENTIAL
5.13
The purpose of this zone is to provide for higher density multiple family residential development.
5.13.1
Permitted Uses
Principal Uses
Accessory Uses
Boarding and lodging
Home occupation
Community care facility
Multi-residential dwellings
Single detached dwelling
Semi-detached dwelling
5.13.2
Site Development Regulations
Minimum Lot Area
Multi-residential dwelling
1,120 m2
(12,056 ft2)
Minimum Frontage
Multi-residential dwelling
30 m
98.4 ft
Maximum Coverage
50%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
9 m
(29.5 ft)
Side yard
5 m
(16.4 ft)
Maximum Floor Area Ratio
1.2
Maximum Height, Principal Building
14 m
(45.9 ft)
5.13.3
Conditions of Use
a)
Groups of single and semi-detached or multi-residential dwellings are permitted,
as an exception to Section 6.1 of this Bylaw.
b)
Site development for single and semi-detached dwellings must be in accordance
with R zone regulations provided in Sections 5.10.2 and 5.10.3.
5.13.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Principal Use
Site Address
Site Legal Description
Accessory Uses:
Hostel
Restaurant
Pub
Assembly
4815 Argyle Street
Lot 7, Block 41, District Lot 1,
Alberni District, Plan 197B (PID:
009-251-162) and Parcel A, Block
41, Plan VIP197B, Alberni Land
District (Being a consolidation of
Lots 8 & 9, See FB348042)
Bylaw No. 5105
Page 38
'Maximum Height,
Principal Building'
= 18 m (59 ft); and
'Maximum Number
of Building Storeys'
= 5
4202 and 4238 8th
Avenue
4202 8th Avenue - Lot 10, District
Lot 1, Alberni District, Plan
VIP18042; and
4238 8th Avenue - Lot 11, District
Lot 1, Alberni District, Plan VIP18042
Bylaw No. 5105
Page 39
MH1 - MOBILE AND MODULAR HOMES
5.14
The purpose of this zone is to establish and maintain areas for mobile and modular homes,
allowing for individual strata-titled lots or multiple-unit mobile- or modular-home parks.
5.14.1
Permitted Uses
Principal Uses
Accessory Uses
Mobile home
Common recreation area or building
Modular home
Home occupation
Modular- or mobile-home park
Single detached dwelling (1) for owner or
operator of modular- or mobile-home park
5.14.2
Site Development Regulations for Mobile- and Modular-Home Parks
Minimum Lot Area
8,000 m2
(1.98 ac)
Minimum Frontage
60 m
(196.9 ft)
Maximum Coverage
40%
Minimum Setbacks:
Front yard
7.5 m
(24.6 ft)
Rear yard
7.5 m
(24.6 ft)
Side yard
7.5 m
(24.6 ft)
Maximum Height, Principal Building
6 m
(19.7 ft)
Average density of a mobile- or modular-home park shall
not exceed
20 sites
per ha
8 sites per
acre
5.14.3
Site Development Regulations for Mobile- and Modular-Home Spaces
a)
Whether or not individual mobile- or modular-home park spaces are strata-
titled, the following siting regulations shall apply:
Minimum Frontage
for single wide
11 m
(36 ft)
for double wide
14 m
(46 ft)
Minimum Site Area
for single wide
260 m2
(2800 ft2)
for double wide
350 m2
(3765 ft2)
Minimum Setbacks:
Front yard
3 m
(9.8 ft)
Side yard
1.5 m
(4.9 ft)
Rear yard
2.5 m
(8.2 ft)
Maximum Site Coverage
40%
b)
Setbacks pertaining to each surveyed or clearly and permanently marked
mobile- or modular-home location or established space are in addition to those
specified in 5.14.2.
Bylaw No. 5105
Page 40
5.14.4
Conditions of Use
a)
Notwithstanding the provisions of 5.14.2, a lot complying with the minimum
lot area requirements may be subdivided to create strata lots for individual
mobile or modular homes in accordance with the standards for mobile- or
modular-home spaces, as set out in 5.14.3 of this zone.
b)
The yard setbacks set forth in the Site Development Regulations, Section
5.14.2, shall be used as a buffer area, with uses within these setbacks limited to
the provision of open or landscaped areas and access crossings.
c)
Not less than five percent (5%) of the total lot area shall be set aside as a
recreation or open space area accessible to all residents. This area shall not
include any required yards.
d)
For a mobile- or modular-home site located on a corner, the side yard against
the flanking internal roadway shall be a minimum of 3.5 m (11.5 ft).
e)
Notwithstanding any other provision of this Bylaw, accessory buildings situated
upon a mobile- or modular-home space shall not exceed 20 m2 (215 ft2) in area
nor 4 m (13.1 ft) in height and may be located not less than 1 m (3.3 ft) from
the side or rear lot line at the site when located to the rear of the mobile or
modular home.
f)
Where a porch is less than 10 m2 (107.6 ft2) in area or a carport is attached to a
mobile home, the porch or carport may project up to 1.5 m (4.9 ft) into a
required 3 m (9.8 ft) side yard.
g)
Internal roadways shall be a minimum of 8 m (26.2 ft) in width. Each modular-
home/mobile-home park space shall have access to a roadway.
h)
Each mobile- and modular-home space shall have its boundary clearly and
permanently marked.
i)
Notwithstanding minimum width requirements established elsewhere in this
Bylaw, the minimum width of a modular home shall be 5.0 m (16.4 ft).
Bylaw No. 5105
Page 41
C1 - NEIGHBOURHOOD COMMERCIAL
5.15
The purpose of this zone is to provide for small-scale commercial establishments, typically
on a single lot, catering to the convenience needs of the immediate neighbourhood.
5.15.1
Permitted Uses
Principal Uses
Accessory Uses
Artist's studio
Dwelling unit(s) above or behind a
permitted commercial use
Community care facility
Live-work
Medical service
Site-Specific Uses
Office
Gasoline service station
Personal service
Professional service
Restaurant (not drive-through)
Retail
5.15.2
Site Development Regulations
Minimum Lot Area
540 m2
(5,813 ft2)
Minimum Frontage
15 m
(49.2 ft)
Maximum Coverage
50%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
6 m
(19.7 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
9 m
(29.5 ft)
5.15.3
Conditions of Use
a)
All business activity shall be conducted within a completely enclosed
building except for display, restaurant patios, and parking and loading
facilities.
b)
Dwelling units located above or behind commercial uses shall comply with
the following requirements:
(i) A completely separate and independent entrance to the dwelling unit
shall be provided from a ground floor entrance having access directly
onto the public street.
(ii) All dwelling units shall be entirely self-contained.
(iii) One off-street parking space shall be provided for each dwelling unit,
located so as not to impair access to the commercial premises or the
use of off-street loading facilities.
c)
Where the gross floor area of commercial development is less than 200 m2
(2,152.9 ft2), the loading regulations shall not apply.
Bylaw No. 5105
Page 42
5.15.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Principal Use
Site Address
Site Legal Description
Gasoline Service Station
4007 Compton Road
Lot M, District Lot
112, Alberni District, Plan
VIP43267
Bylaw No. 5105
Page 43
C2 - GENERAL COMMERCIAL
5.16
The purpose of this zone is to establish and maintain compact, vibrant commercial areas with a
broad range of pedestrian-scale uses.
5.16.1
Permitted Uses
Principal Uses
Principal Uses (continued)
Amusement establishment
Appliance repair
Artist's studio
Assembly
Automotive sales, repair and
servicing
Bakery
Bank or other financial institution
Cannabis Retail Store, subject to Section
6.2
Club or lodge
Community care facility
Daycare or other preschool
Gasoline service station
Live-work
Medical service
Multi-residential dwelling
Office
Pawn shop
Personal service
Place of worship
Professional service Public market
Restaurant, including drive-through
Retail
School
Senior's housing
Shopping centre
Small appliances and electronics, sales, and
repair
Social service centre
Veterinary clinic
Accessory Uses
Caretaker's dwelling unit, subject to Section 6.16
Dwelling unit(s) above or behind a permitted
commercial use
Home occupation
Site Specific Uses
Liquor, Wine, and Beer Store
5.16.2
Site Development Regulations
Minimum Lot Area
800 m2
(8,611 ft2)
Minimum Frontage
15 m
(49 ft)
Maximum Coverage
75%
Minimum Setbacks:
Front yard
0 m
Bylaw No. 5105
Page 44
Rear yard
3 m
(10 ft)
Side yard
1.5 m
(5 ft)
Maximum Height, Principal Building (on lots less than
1,120 m2)
9 m
(29.5 ft)
Maximum Height, Principal Building (on lots 1,120 m2 or
greater and where only residential units are located above
commercial uses)
18 m
5.16.3
Conditions of Use
a)
Every use shall be conducted within a completely enclosed building except for:
-
parking,
-
loading,
-
restaurant patios,
-
outdoor display,
-
rental, sales or storage yards,
-
activities related to the operation of a drive-through or drive-in facility,
-
activities done at gasoline service station pumps, and
-
temporary garden supply structures.
b)
For shopping centres abutting a lot in an R, RM or P2 zone, the required
setback for a side yard shall be increased to 5 m (16.4 ft).
c)
Dwelling units located above or behind commercial uses shall comply with the
following requirements:
(i)
Access to residential portions of a building shall be through a completely
separate and independent entrance located at ground level and providing
access to the outdoors directly onto a public street or approved
pedestrian walkway through the property.
(ii) All dwelling units shall be entirely self-contained.
(iii) One off-street parking space shall be provided for each dwelling unit,
located so as not to impair access to the commercial premises or the use
of off-street loading facilities.
d)
Where multi-residential dwelling units or seniors housing are located below
the second storey, the Site Development Regulations of the RM3 Higher
Density Residential zone shall apply.
e)
No outside storage for public market use shall be permitted after market
hours.
f)
In dwelling units above or behind commercial uses, home occupation as a
permitted use is restricted to office space for a business which is lawfully
carried on at another location.
5.16.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Bylaw No. 5105
Page 45
Principal Use
Site Address
Site Legal Description
Liquor, Wine and Beer
Store
3764 10th Avenue
Lot B, District Lot 1, Alberni
District, Plan VIP75178
Liquor, Wine and Beer
Store
2943 10th Ave. (Quality
Foods)
Lot A, District Lot 1, Alberni
District, Plan VIP13914
Except Plan 50966 (PID:
004-503-112)
Bylaw No. 5105
Page 46
C3 - SERVICE COMMERCIAL
5.17
The purpose of this zone is to establish and maintain areas for retail and service operations that
are vehicle-oriented or require large storage areas.
5.17.1
Permitted Uses
Principal Uses
Principal Uses (continued)
Ambulance station
Amusement establishment
Appliances and electronics, sales and
repair
Artist's studio
Automotive sales, repair and servicing
Bakery
Bank or other financial institution
Boat or recreational vehicle sales and
repair
Building supply
Cannabis Retail Store, subject to 6.24
Cannabis Micro-Cultivation
Cannabis Micro-Processing
Cannabis Nursery
Cartage and delivery services
Catering establishment
Club or lodge
Contractor's shop
Custom woodworking
Enclosed storage and warehousing,
including mini-storage
Garden shop, nursery and landscaping
supplies
Gasoline service station
Glass shop
Medical service
Micro-Brewery/Micro-Distillery
Office
Pawn shop
Personal service
Petroleum products, wholesale
Prefabricated buildings sales
Printing, publishing and allied industry
Public Market
Recycling depot
Restaurant, including drive-through
Retail
Signs and displays industry
Transportation dispatch and depot
Veterinary clinic
Wholesale
Accessory Uses
Caretaker's dwelling unit, subject to Section 6.16
Outdoor storage
Site Specific Uses
Liquor, wine and beer store
Dwelling unit(s) behind street facing
commercial units and dwelling unit(s) on the
second storey
Bylaw No. 5105
Page 47
5.17.2
Site Development Regulations
Minimum Lot Area
930 m2
(10,011 ft2)
Minimum Frontage
30 m
(98.4 ft)
Maximum Coverage
75%
Minimum Setbacks:
Front yard
0 m
Rear yard
3 m
(9.84 ft)
Side yard
0 m
Maximum Height, Principal Building
10 m
(32.8 ft)
5.17.3
Conditions of Use
a)
Outdoor storage areas shall be screened or fenced on all sides not facing the
principal building and no material shall be piled so as to be higher than such
screening.
b)
All industrial, business, repair or servicing uses shall be conducted within a
completely enclosed building except for outdoor display, rental, sales or
outdoor storage areas, activities that are normally done at gasoline service
pumps, parking and loading, and activities related to the operation of a
drive-through or drive-in facility.
c)
No club or lodge shall have more than three machines on which mechanical,
electrical automatic, digital or computerized games are played for
amusement, recreation, competition or entertainment and for which a fee is
charged for use or for which a coin or token must be inserted.
d)
Notwithstanding any other provision of this Bylaw, in addition to any
required commercial parking, only one-half (0.5) parking space for each
residential dwelling unit is required at 3575 3rd Avenue (Lots 24-25, Block
50, District Lot 1, Alberni District, Plan197B, PID's: 000-171-891, 000-171-
905).
5.17.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Principal Use
Site Address
Site Legal Description
Liquor, Wine and Beer
Store
3684 3rd Avenue
Lot 1, District Lot 1, Alberni
District, Plan EPP30558
Dwelling unit(s) behind
street facing commercial
units and dwelling unit(s)
on the second story
3575 3rd Avenue
Parcel B, Block 50, Alberni
District, Plan 197B (PID:
030-520-347)
Bylaw No. 5105
Page 48
C4 - HIGHWAY COMMERCIAL
5.18
The purpose of this zone is to establish and maintain areas offering a range of large format
retail, service, and tourist recreational uses, with high levels of visibility for vehicular traffic.
5.18.1
Permitted Uses
Principal Uses
Accessory Uses
Automotive sales, repair and servicing
Bank or other financial institution
Boat or recreational vehicle sales and
repair
CAMPGROUND
Cannabis Retail Store, subject to 6.24
Cannabis Micro-Cultivation
Cannabis Micro-Processing
Cannabis Nursery
Garden shop, nursery and landscape
supplies
Gasoline service station
Golf driving range
Hotel
Medical service
Miniature golf
Motel and Motor hotel
Personal service
Professional service
Restaurant, including drive-through
Retail
Shopping centre
Tourist service
Transportation dispatch and depot
Veterinary clinic
Caretaker's Dwelling Unit, subject to Section
6.16
Outdoor storage
Office
Site Specific Uses
Liquor, wine and beer store
Nightclub, Cabaret, Bar & Pub
Bylaw No. 5105
Page 49
5.18.2
Site Development Regulations
Minimum Lot Area
930 m2
(10,011 ft2)
Minimum Frontage
30 m
(98.4 ft)
Maximum Coverage
40%
Minimum Setbacks:
Front yard
7.5 m
(24.6 ft)
Rear yard
6 m
(19.7 ft)
Side yard
6 m
(19.7 ft)
Maximum Height, Principal Building
9 m
(29.5 ft)
5.18.3
Conditions of Use
a) All business, repair or servicing uses shall be conducted within a completely
enclosed building except for garden shops, outdoor display, rental, sales or storage
yards, restaurant patios, activities that are normally done at gasoline service
pumps, parking and loading, and activities related to the operation of a drive-
through or drive-in facility.
5.18.4
Conditions of Use: Campgrounds
a)
An accessory store to serve campground patrons is permitted to a maximum
gross floor area of 120 m2 (1,292 ft2).
b)
Except for caretakers' residences, no person, tent or recreational vehicle shall
occupy a camping site within a given campground for more than 90 days in any
calendar year.
c)
Notwithstanding the provisions of (b), a maximum of ten percent (10%) of the
camping sites in any given campground, excluding caretakers' residences, may
be occupied by the same person, tent or recreational vehicle for more than 90
days in any calendar year.
d)
Each camping site for a recreational vehicle, trailer or tent shall have an area of
not less than 60 m2 (646 ft2).
e)
Washroom facilities shall be not more than 150 m (492 ft) from any camping
site.
f)
No washroom facility shall be closer than 4 m (13.1 ft) to any camping site.
g)
A standpipe for potable water shall be not more than 50 m (164 ft) from any
camping site.
h)
Internal roads must be of a material that does not produce dust.
i)
Garbage disposal containers shall be provided and shall be insect-tight, water-
tight, and animal-proof.
j)
A minimum of ten percent (10%) of the lot shall be provided for useable open
space.
Bylaw No. 5105
Page 50
5.18.5
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Principal Use
Site Address
Site Legal Description
Liquor, Wine and
Beer Store
3825 Redford Street
Lot B, District Lot 45, Alberni
District, Plan EPP43903
4277 Stamp Avenue
Lot A, District Lot 1, Alberni
District, Plan 33048
4850 Beaver Creek Road
Lot A, Block 2, District Lot 11,
Alberni District, Plan VIP618B
(DD FA60973)
Nightclub, Cabaret,
Bar and Pub
4920 Cherry Creek Road
Lot A, District Lot 14, Alberni
District, Plan VIP61333
Nightclub, Cabaret,
Bar and Pub and a
Liquor, Wine and
Beer Store
4940 Cherry Creek Road
Lot 1, District Lot 14, Alberni
District, Plan VIP51563
Bylaw No. 5105
Page 51
C5 - TRANSITIONAL OFFICE
5.19
The purpose of this zone is to establish and maintain transitional areas between residential,
commercial and industrial zones. Permitted uses and buildings are intended to have little
impact on neighbouring residential properties.
5.19.1
Permitted Uses
Principal Uses
Accessory Uses
Artist's studio
Office
Community care facility
Live-work
Medical service
Professional Service
Personal service
Single detached dwelling (built prior to the
adoption of this bylaw), which may include any of
the other permitted uses
Small appliances and electronics, sales and repair
5.19.2
Site Development Regulations
Minimum Lot Area
540 m2
(5,813 ft2)
Minimum Frontage
15 m
(49.2 ft)
Maximum Coverage
50%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
6 m
(19.7 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
9 m
(29.5 ft)
5.19.3
Conditions of Use
a)
All business activity shall be conducted within a completely enclosed
building except for parking and loading facilities.
b)
Where a single detached dwelling is the principal permitted use, the Site
Development Regulations of the R zone and off-street parking requirements
of this Bylaw shall apply.
c)
Notwithstanding the off-street parking requirements of this Bylaw, no
parking shall be located in a required front yard.
d)
Commercial activities on C5 zoned property are exempt from the loading
regulations (Section 7.7).
Bylaw No. 5105
Page 52
C6 - GAMING CENTRE
5.20
The purpose of this zone is to establish and maintain areas for gaming facilities and related
uses.
5.20.1
Permitted Uses
Principal Uses
Accessory Uses
Gaming Centre
Helipad
Light Industrial Storage of non-
toxic and non-flammable
material
Lounge
Meeting Rooms
Micro-Brewery/Micro-Distillery
Office
Restaurant
5.20.2
Site Development Regulations
Minimum Lot Area
2 ha
(4.9 ac)
Minimum Frontage
100 m
(328 ft)
Maximum Coverage
35%
Minimum Setbacks:
Front yard
9 m
(29.5 ft)
Rear yard
9 m
(29.5 ft)
Side yard
9 m
(29.5 ft)
Maximum Height, Principal Building
12.5 m
(41 ft)
5.20.3
Conditions of Use
a)
All business activity shall be conducted within a completely enclosed
building except for restaurant patios, parking and loading facilities.
Bylaw No. 5105
Page 53
C7 - CORE BUSINESS
5.21
The purpose of this zone is to establish and maintain vibrant mixed use commercial core areas,
with attention to providing goods and services to residents, the travelling public and tourists.
5.21.1
Permitted Uses
Principal Uses (continued)
Principal Uses
Professional service
Public market
Restaurant, including drive-through
Retail
School
Senior's housing
Shopping centre
Single or semi-detached dwelling (built prior
to the adoption of this bylaw)
Small appliances and electronics, sales and
repair
Social service centre
Theatre
Tourist Services
Transportation Dispatch and Depot
Tutoring Service
Adult retail
Amusement establishment
Appliance repair
Artist's studio
Assembly
Automotive sales, repair and servicing
Bakery
Bank or other financial institution
Boat or recreational vehicle sales and
repair
Cannabis Retail Store, subject to 6.26
Club or lodge
Community care facility
Daycare or other preschool
Gasoline service station
Government service
Hotel, Motor hotel and hostel
Live-work
Lumber and Building Materials Retailers
and Wholesalers
Medical service
Micro-Brewery/Micro-Distillery
Multi-residential dwelling
Nightclub, Cabaret, Bar and Pub
Parking lot
Pawn shop
Personal service
Place of worship
Printing, publishing and allied industry
Accessory Uses
Home Occupation
Residential above commercial
Office
Site-Specific Uses
Dwelling units at ground level
Glass shop
Liquor, wine, and beer store
Bylaw No. 5105
Page 54
5.21.2
Site Development Regulations
Minimum Lot Area
540 m2
(5,812.7ft2)
Minimum Frontage
15 m
(49.2 ft)
Maximum Coverage
90%
Minimum Setbacks:
Front yard
0 m
Rear yard
3 m
(9.8 ft)
Side yard
0 m
Maximum Height, Principal Building
16 m
(52.5 ft)
Maximum Floor Area Ratio
3.0
5.21.3
Conditions of Use
a)
All business uses shall be conducted within a completely enclosed building
except for outdoor display, rental, sales or storage yards, restaurant patios,
activities that are normally done at gasoline service pumps, parking and
loading, and activities related to the operation of a drive-through or drive-in
facility.
b)
In mixed-use residential and commercial buildings, residential uses shall be
located above the first storey, except as provided in Section 5.21.3(d).
c)
A shared public access to the residential dwelling unit(s) shall be provided
separate from any other use from a ground floor entrance opening directly
onto the public street.
d)
Where multi-residential dwelling units or seniors housing are located below
the second storey, the Site Development Regulations of the RM3 Higher
Density Residential zone shall apply.
e)
Notwithstanding any other provision of this Bylaw, only one-half (0.5) parking
space for every residential dwelling unit is required above a commercial use in
a mixed commercial-residential building.
f)
No club or lodge shall have more than three machines on which mechanical,
electrical automatic, digital or computerized games are played for amusement,
recreation, competition or entertainment and for which a fee is charged for
use or for which a coin or token must be inserted.
g)
In dwelling units above or behind commercial uses, home occupation as a
permitted use is restricted to office space for a business which is lawfully
carried on at another location.
Bylaw No. 5105
Page 55
5.21.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Use
Site Address
Site Legal Description
Glass shop
4650 Margaret Street
Lot A, District Lot 1, Alberni
District, Plan VIP28247
Liquor, wine, and
beer store
4963 Angus Street
That portion of Lot B,
District Lot 1, Alberni
District, Plan 32610 north of
Angus Street
Liquor, wine, and
beer store
5086 Johnston Road
Lot 1, District Lot 1, Alberni
District, Plan EPP13767
Bylaw No. 5105
Page 56
C8 - COMMERCIAL RECREATION
5.22
To establish and maintain areas offering large-scale tourist recreational uses and related
activities.
5.22.1
Permitted Uses
Principal Uses
Accessory Uses
Campground
Assembly
Golf Driving Ranges
Lounge
Miniature Golf
Restaurant
Parks, Playgrounds and Open Spaces
Retail
Theme Parks, excluding animals
Water Slides
5.22.2
Site Development Regulations
Minimum Lot Area
1.2 ha
(3 acres)
Minimum Frontage
45 m
(150 ft)
Maximum Coverage
35%
Minimum Setbacks:
Front yard
9 m
(29.5 ft)
Rear yard
9 m
(29.5 ft)
Side yard
9 m
(29.5 ft)
5.22.3
Conditions of Use
(a)
The principal building on the site shall be a minimum of 100 m2 (1,076 ft2)
in size.
(b)
The sum total of the gross floor area for accessory buildings, including
restaurants, shall not exceed 230 m2 (2,530 ft2) except that an additional
accessory store with a maximum of 120 m2 (1,292 ft2) is permitted in
conjunction with a campground.
(c)
All mechanical, electrical or other service equipment located outside or on
the roof of a building shall be screened from adjacent properties and
streets by landscaping, ornamental structures or other means.
(d)
All outdoor storage and refuse receptacle areas shall be screened in
accordance with Section 6.8.
(e)
A maximum of one caretaker's residence may be located in conjunction
with the permitted use on the lot, subject to the provisions of Section 6.16.
(f)
Where a campground is the principal permitted use, the conditions of use
contained in Section 5.18.4 (Highway Commercial zone) shall apply.
Bylaw No. 5105
Page 57
C9 - COMMERCIAL GUEST HOUSE
5.23
The purpose of this zone is to provide accommodation, primarily of a "Bed and Breakfast"
character to tourists, visitors and vacationers. Development in this zone should be of
compatible character and not negatively impact surrounding neighbourhoods.
5.23.1
Permitted Uses
Principal Uses
Accessory Uses
Guest House
Bed and Breakfast
Single detached dwelling
Secondary suite
Semi-detached dwelling
5.23.2
Site Development Regulations for Guest Houses
Minimum Lot Area
Up to 4 units
900 m2
(9,688 ft2)
5 or 6 units
1,000 m2
(10,764 ft2)
7 or 8 units
1,100 m2
(11,840 ft2)
Minimum Frontage
25 m
(82 ft)
Maximum Coverage
35%
Minimum Setbacks:
Front yard
7.5 m
(24.6 ft)
Rear yard
9 m
(29.5 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
10.5 m
(29.5 ft)
Maximum Floor Area Ratio
0.6
5.23.3
Conditions of Use
a)
The conditions of use pertaining to Guest Houses are specified in 6.14.
b)
Where a single or semi-detached dwelling is located in a GH zone, the Site
Development Regulations of the R zone and off-street parking
requirements of this Bylaw shall apply.
c)
For single detached dwellings and semi-detached dwellings having no
carport or attached garage with no access to the rear or the side of the lot
from a street or lane, the minimum side yard requirement shall be
increased to 3 m (9.8 ft) for one side yard and 3 m (9.8 ft) for both side
yards for a semi-detached dwelling.
d)
Secondary suites are only permitted on those lots where a single detached
dwelling is the principal use. For clarity, a secondary suite is not permitted
in conjunction with a guest house or bed and breakfast use.
Bylaw No. 5105
Page 58
M1 - LIGHT INDUSTRY
5.24
The purpose of this zone is to establish and maintain areas containing light industrial uses, such
as wholesale, warehouse and light manufacturing operations.
5.24.1
Permitted Uses
Principal Uses
Principal Uses (continued)
Automotive sales, repair and servicing
Boat or recreational vehicle sales and repair
Building supply
Cannabis Micro-Cultivation
Cannabis Micro-Processing
Cannabis Nursery
Cannabis Standard Cultivation
Cannabis Standard Processing
Cartage and delivery service
Contractor's shop
Custom workshop
Electronics repair
Enclosed Storage and warehousing, including
mini-storage
Exterminating service
Food and beverage processing (excluding the fish,
meat and poultry products industries)
Furniture and fixture manufacturing
Garden shop, nursery and landscape supplies
Gasoline service station
Glass shop
Health and fitness centre
Machine shop
Machinery and equipment sales, rental and
repair
Other light manufacturing industry
Petroleum products, wholesale
Prefabricated buildings sales
Printing, publishing and allied industry
Recycling depot
Signs and displays industry
Storage yard
Transportation dispatch and depot
Veterinary clinic
Wholesale (excluding wholesalers of scrap and
waste materials)
Works yard
Accessory Uses
Caretaker's dwelling unit, subject to
Section 6.16
Display, storage, and retail sales of
goods produced on the premises
Office
Site-Specific Uses
Medical Marijuana Facility
5.24.2
Site Development Regulations
Minimum Lot Area
930 m2
(10,011 ft2)
Bylaw No. 5105
Page 59
Minimum Frontage
30 m
(98.4 ft)
Maximum Coverage
50%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
3 m
(9.8 ft)
Side yard (total)
6 m
(19.7 ft)
(Permitted on one side)
0 m
Maximum Height, Principal Building
12.5 m
(41 ft)
5.24.3
Conditions of Use
a)
Nothing shall be done which is or will become an annoyance or nuisance to the
surrounding areas by reason of unsightliness, the emission of odours, liquid
effluent, dust, fumes, smoke, vibration, noise or glare; nor shall anything be
done which creates or causes a health, fire or explosion hazard, electrical
interference or undue traffic congestion.
b)
All portions of a required front yard not used for permitted parking or display
areas shall be fully and suitably landscaped and properly maintained.
c)
Outdoor storage areas shall be screened or fenced on all sides not facing the
principal building and no material shall be piled so as to be higher than such
screening. Required front screening shall be situated so as to conform with the
front yard setback provisions.
d)
All activities and uses shall be conducted within a completely enclosed building
except for parking, loading, outside storage and product display uses.
e)
Along any lot line adjacent to an R, RR, or RM zone, a continuous landscape
buffer, excluding any areas used for access, shall be provided and shall be not
less than 1.8 m (5.9 ft) in height.
5.24.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Use
Site Address
Site Legal Description
Medical Marijuana
Facility
4921 Bute St.
Lot A, District Lot 1, Alberni
District, Plan VIP31847
Bylaw No. 5105
Page 60
M2 - MEDIUM INDUSTRY
5.25
The purpose of this zone is to establish and maintain areas for both light and medium
industrial uses, including uses that require outdoor storage.
5.25.1
Permitted Uses
Principal Uses
Accessory Uses
All uses permitted in the M1 Zone
Animal shelter
Automobile wrecking yard
Blacksmithing and welding shop
Bulk fuel storage
Construction and assembly of pre-fabricated
or modular buildings
Construction, house moving and excavation
Industry offices, workshops and storage
Large equipment or machinery sales and
repairs
Machining
Manufacturing, excluding uses specifically
listed in M3
Open storage
Scrap and waste materials wholesaler
Truck transport operation
Utility works yard
Wood industry, concerned with
manufacturing or finishing from prepared
lumber
Caretaker's dwelling unit, subject to
Section 6.16
Display, storage, and retail sales of
goods produced on the premises
Office
5.25.2
Site Development Regulations
Minimum Lot Area
930 m2
(10,011 ft2)
Minimum Frontage
30 m
(98.4 ft)
Maximum Coverage
60%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
3 m
(9.8 ft)
Side yard (total)
6 m
(19.7 ft)
(Permitted on one side)
0 m
Maximum Height, Principal Building
12.5 m
(41 ft)
Bylaw No. 5105
Page 61
5.25.3
Conditions of Use
a)
Nothing shall be done which is or will become an annoyance or nuisance to the
surrounding areas by reason of unsightliness, the emission of odours, liquid
effluent, dust, fumes, smoke, vibration, noise or glare; nor shall anything be
done which creates or causes a health, fire or explosion hazard, electrical
interference or undue traffic congestion.
b)
Notwithstanding the provisions of 5.25.2, the minimum lot area for an
automobile wrecking yard operation shall be one (1) hectare (2.47 ac).
c)
All portions of a required front yard not used for permitted parking or display
areas shall be landscaped.
d)
Any part of a lot used or intended to be used as an outside storage area that is
adjacent to a R, RR, or RM zone shall be separated by a solid screen from the
properties in that zone. No material shall be piled so as to be higher than such
screening within 15 m (50 ft) of the lot line.
e)
Along any lot line adjacent to an R, RR or RM zone, a continuous landscape
buffer, excluding any areas used for access, shall be provided and shall be not
less than 1.8 m (5.9 ft) in height.
Bylaw No. 5105
Page 62
M3 - HEAVY INDUSTRY
5.26
The purpose of this zone is to establish and maintain areas for heavy industrial and
manufacturing activities.
5.26.1
Permitted Uses
Principal Uses
Accessory Uses
All uses permitted in the M2 zone
Boiler and plate work
Fabricated metal products
Fish, meat and poultry products industry
Junk yard
Paper and allied manufacturing industry
Primary metal industry
Ready-mix concrete
Sawmill
Shipbuilding, boatbuilding and repair
Storage
Caretaker's dwelling unit, subject to Section
6.16
Display, storage, and retail sales of goods
produced on the premises
Office
5.26.2
Site Development Regulations
Minimum Lot Area
1,000 m2
(10,764 ft2)
Minimum Frontage
30 m
(98.4 ft)
Maximum Coverage
60%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
3 m
(9.8 ft)
Side yard (total)
6 m
(19.7 ft)
(Permitted on one side)
0 m
5.26.3
Conditions of Use
a)
Any area of a lot used as, or intended to be used as, an outside storage area
that is adjacent to a R, RR, or RM zone shall be separated by a solid screen at
least 2.5 m (8.2 ft) in height from the properties in that zone. No material shall
be piled so as to be higher than such screening within 15 m (50 ft) of the lot
line.
b)
Open storage shall not be permitted in a required front yard.
c)
Any portion of a lot in the M3 zone which abuts the Alberni Inlet waterfront is
exempt from the yard setback provisions.
Bylaw No. 5105
Page 63
M4 - UTILITIES
5.27
The purpose of this zone is to establish, maintain and regulate areas directly related to the
operation of a railway, railway yard, high voltage transmission utility tower corridor, gas mains
and related stations, reservoirs, water and sewer pump stations and other utilities works,
whether or not publicly owned.
5.27.1
Permitted Uses
Principal Uses
Accessory Uses
Electric power stations and installations
Natural gas sub-station
Parking of equipment
Railway lines and stations
Sewer pump stations, chambers,
treatment facilities and related
equipment
Telegraph and cable systems
Telephone exchanges
Transmission lines and sub-stations
Utility storage
Waste disposal facility
Water reservoir, pump station, valve
station and related equipment
Works yard
5.27.2
Site Development Regulations
Maximum Coverage
90%
Minimum Setbacks:
Front yard
7 m
(22.9 ft)
Rear yard
3 m
(9.8 ft)
Side yard (total)
3 m
(9.8 ft)
Maximum Building Height
7.5 m
(25 ft)
5.27.3
Conditions of Use
a)
Outdoor storage of mechanical equipment, natural gas sub-stations, pump
stations, valve stations and related equipment shall be screened by solid
fencing or landscaping which obstructs the visibility of the utility installation.
Bylaw No. 5105
Page 64
P1 - INSTITUTIONAL
5.28
The purpose of this zone is to establish and maintain areas in which institutional uses can be
accommodated and located in a manner complementary with surrounding uses.
5.28.1
Permitted Uses
Principal Uses
Accessory Uses
Ambulance station
Arena
Assembly, cultural or recreational facility
Childcare centre
Community Care facility
Dormitory
Firehall
Hospital
Hostel
Medical service
Office
Parking Lot
Personal service
Place of worship
Police station
Pound
School
Supportive housing
Transition house
Tutoring service
Caretaker's dwelling unit, subject to Section
6.16
Site Specific Accessory Uses as permitted
under Section 5.28.4.
5.28.2
Site Development Regulations
Minimum Lot Area
540 m2
(5,813 ft2)
Minimum Frontage
15 m
(49.2 ft)
Maximum Coverage
40%
Minimum Setbacks:
Front yard
7.5 m
(24.6 ft)
Rear yard
9 m
(29.5 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
12.5 m
(41 ft)
5.28.3
Conditions of Use
Bylaw No. 5105
Page 65
a) Notwithstanding the provisions of 5.28.2, the total of both side yards must be
equal or greater than 20% of the lot width.
b) Community care facilities for seniors may include an accessory beauty shop or
other provision of other personal services, limited to 16m2 (172 ft2) in floor area
and 2 service chairs, operating between the hours of 8:30 am to 5:00 pm,
Monday to Friday and 9:00 am to 12:00 pm on Saturday.
5.28.4
Site Specific
A.
The following Accessory Uses are permitted on the property located at 5100 Tebo
Avenue - Lot 1, District Lot 13, Alberni District, Plan VIP78180 (PID: 001- 346-377):
- Artist's studio
- Cabinet making
- Custom woodworking
- Furniture repair and upholstery
- Ornamental metal working
- Printing, publishing and allied industry
- Signs and displays industry
- Small repair shop
i.
The following conditions apply to Accessory Uses listed in 5.28.4.A:
a)
All business activity shall be conducted within a completely enclosed
building except for parking and loading facilities.
b)
The total area occupied shall not exceed 1,077 m2 (11,592 ft2).
c)
No retail activity is permitted as part of any business located on the
property.
B.
Site - 4411 Wallace Street - Lot B, District Lot 1, Alberni District, Plan 32448
VIP78180 (PID: 000-154-130).
a)
Notwithstanding the maximum coverage provisions of Section 5.28.2, for the
property known as Fir Park Village, a maximum coverage of 58% is
permitted.
C.
Site - 4065 6th Avenue - Lot 16, District Lot 1, Alberni District, Plan 13685 lying to
the North of a boundary parallel to and perpendicularly distant 150 feet from the
Northerly boundary of said Lot 16 (PID: 004-625-919).
i.
The following accessory use is permitted:
-
Restaurant
Bylaw No. 5105
Page 66
ii.
The following conditions apply to Accessory Uses listed in 5.28.4.Ci:
a) All business activity shall be conducted within a completely enclosed
building except for parking and loading facilities.
b) The total area occupied shall not exceed 481 m2 (5,180 ft2).
D.
Site - 2170 Mallory Drive - Lot 1, District Lot 1, Alberni District, Plan VIP77152 (PID:
025-965-409).
i.
Notwithstanding Section 5.31.1 the following Principal Uses are permitted on
the site:
a) Small Engine Repair
b) Mechanic
c) Custom Woodworking
ii.
The following conditions apply to uses listed in 5.31.4 Di:
All business activity shall be conducted within a completely enclosed building
except for parking and loading facilities.
E.
Site - A portion of 4305 Kendall Avenue - Lot B, District Lot 92, Alberni District, Plan
VIP86344 (PID: 027-829-634).
i.
Notwithstanding Section 5.28.1 the following Principal Uses are permitted on
the site:
-
Mother's Centre
Bylaw No. 5105
Page 67
P2 - PARKS AND RECREATION
5.29
The purpose of this zone is to preserve natural ravine areas, green belts and other areas
deemed environmentally sensitive, to provide protection of the natural setting, ecological
systems and aesthetic beauty of the City, and to establish and maintain areas for parks,
recreation and community open spaces uses.
5.29.1
Permitted Uses
Principal Uses
Accessory Uses
Assembly, cultural and recreational facility
Cemetery
Fairground
Fish hatchery
Forest management
Golf course
Natural Areas, Open Spaces and Parks
Public Parks and Playgrounds
Caretaker's dwelling unit, subject to
Section 6.16
Carnivals, Circuses, Exhibitions,
Horse, Dog and Pony Shows
Office
Picnic Area
Parking Lot
Public Toilet
5.29.2
Site Development Regulations
Minimum Lot Area
1,000 m2
(10,764 ft2)
Minimum Frontage
30 m
(98.4 ft)
Maximum Coverage
40%
Minimum Setbacks:
Front yard
6 m
(19.7 ft)
Rear yard
9 m
(29.5 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Height, Principal Building
8 m
(26.2 ft)
Bylaw No. 5105
Page 68
W1 - WATERFRONT COMMERCIAL
5.30
The purpose of this zone is to establish and maintain areas for commercial and retail
operations, especially those serving marine-based or tourist-oriented activities.
5.30.1
Permitted Uses
Principal Uses
Accessory Uses
Boat rental operations
Boat tour and charter operations
Commercial mooring facilities
Docks, Wharves, and Floats (for the use of water
taxis, ferries, float planes and amphibious vessels)
Fish product industry
Marina
Marine fuelling operations
Marine-oriented clubs such as yacht clubs
Micro-Brewery/Micro-Distillery
Nightclub, Cabaret, Bar and Pub
Observation Tower
Public market
Restaurant, (excluding drive-in or drive-through)
Retail
Stewardship Centre
Loading facility
Office
Permanent residence (on one boat or vessel by one
member or employee of any other use permitted within this zone
for purposes of security and fire protection)
Private floats and wharves
Storage
Temporary boat storage
Temporary or seasonal residence (on a boat
or vessel for commercial fishing purposes)
Site Specific Uses
Barber
Beauty Shop
Residential Above Commercial
Salon
Spa
5.30.2
Site Development Regulations
Maximum Height, Principal Building
8 m
(26.2 ft)
5.30.3
Conditions of Use
a)
Notwithstanding the provisions of 5.30.1,
(i) Temporary or seasonal boat residence is permitted, provided that the boat
or vessel is wharfed at a location where the following on-shore facilities are
provided, at a minimum, in separate rooms for females and males:
-
one water-closet;
-
one wash-basin; and
-
one bathtub or shower
(ii) Private Floats and Wharves are permitted only where necessary for
practical access by boats to commercial enterprises primarily oriented to
water uses and water traffic.
Bylaw No. 5105
Page 69
b)
Where associated with retail sales of live or fresh seafood in the same building,
fish product industry activity is limited to a maximum gross floor area of 235 m2
(2,530 ft2).
c)
Marine fuelling operations shall be located not less than 60 m (196.8 ft) from
any R or RM zone.
5.30.4
Site Specific Uses
The following uses shall be permitted on a site-specific basis:
Principal Use
Site Address
Site Legal Description
Barber, Beauty
Shop, Salon, Spa
Accessory Use:
Residential Above
Commercial
5405 Argyle Street
For a portion of Lot A, District
Lots 1 and 118, Alberni District,
Plan VIP13074 zoned as W1
Waterfront Commercial and
shown in Schedule A to this bylaw
(Attached)
Bylaw No. 5105
Page 70
W2 - WATERFRONT INDUSTRIAL
5.31
The purpose of this zone is to establish and maintain areas for accommodation of industries
that are related to the fishing industry, marine transportation, shipbuilding and maintenance.
5.31.1
Permitted Uses
Principal Uses
Accessory Uses
Commercial mooring facilities
Fish and seafood buying and packing stations
Fish product industry
Marine and water traffic oriented:
-
Loading facility
-
Storage
-
Warehouse, and
-
Works yard
Marine fuelling operations
Office
Shipbuilding, boatbuilding and repair
Loading facility
Private floats and wharves
Storage
Temporary boat storage
Permanent residence on one boat or vessel by
one member or employee of any other use
permitted within this zone for purposes of security
and fire protection
Temporary or seasonal residence on a boat or
vessel for commercial fishing purposes
5.31.2
Site Development Regulations
Maximum Height, Principal Building
12.5 m
(41 ft)
5.31.3
Conditions of Use
a)
Marine fuelling operations shall be located not less than 60 m (196.8 ft) from
any R or RM zone.
b)
Offices as a principal use shall be permitted only on the upper storeys of any
waterfront industrial building. For clarity, offices as a principal use shall be
permitted only on the second storey or higher in a waterfront industrial
building.
Bylaw No. 5105
Page 71
TH1 - TOWNHOUSE MULTI-FAMILY
5.32
The purpose of this zone is to provide for small-scale multi-family residential townhouse
development.
5.32.1
Permitted uses
Principal Uses
Accessory Uses
Multiple family dwellings
Home occupation
5.32.2
Site Development Regulations
Minimum Lot Area
500 m2
(5495 ft2)
Minimum Frontage
13.0 m
(42.6 ft)
Maximum Coverage
55%
Minimum Setbacks:
Front yard
6 m
(16.4 ft)
Rear yard
6 m
(19.7 ft)
Side yard
2.0 m
(8.2 ft)
Maximum Floor Area Ratio
1.0
Maximum Height, Principal Building
10 m
(32.8 ft)
5.32.3
Conditions of Use
a)
Notwithstanding any other provision of the Bylaw, useable open space shall be
provided on the lot of not less than 45 m2 (484.4 ft2) for each dwelling unit
containing 3 or more bedrooms, and not less than 18 m2 (193.3 ft2) for each
dwelling unit of smaller size.
b)
Notwithstanding any other provision of the Bylaw, the amount of useable open
space required may consist exclusively of private patios, porches, balconies, or
roof terraces.
c)
The minimum side yard requirement shall be reduced to 1 m for a side yard
abutting a constructed lane for the entire length of the lot line.
d)
For multiple family dwellings where a building is sited perpendicular to the
street, the minimum side yard requirement shall be increased to 3 m for a side
yard where primary access to dwelling units is provided.
e)
Principal access to each dwelling unit shall be from an outdoor area, except
where a stacked townhouse unit requires access from a hallway or stairwell
leading directly to an outdoor area.
f)
A continuous building frontage shall not exceed 60 m in length.
g)
Groups of multiple family dwellings are permitted, as an exception to Section
6.1 of this bylaw.
Bylaw No. 5105
Page 72
h)
Minimum facing distance between buildings:
i.
Building height under 8.5 m: 6.0 m
ii.
Building height 8.5 m to 10 m: 7.5 m
i)
The maximum number of multiple-residential dwellings permitted within a
building is eight (8).
j)
Notwithstanding any other provision of the Bylaw up to one-hundred (100)
percent of required on-site parking may be provided as Small Car spaces.
k)
Where on-site parking is accessed from a driveway directly onto a street:
i.
Minimum driveway width is 3.0 m.
ii.
Minimum 6.0 m separation is required between individual driveways.
l)
Where a walkway is the primary access to all dwelling units, a minimum clear
path width of 2.1 m is required.
m)
Garbage bins, receptacles or storage areas must not be located in a front yard.
Bylaw No. 5105
Page 73
6.
General Regulations
6.1
Number of Principal Buildings on a Site
No more than one residential building shall be located on a lot, except as otherwise provided
in this Bylaw.
6.2
Location of Buildings
6.2.1
No building shall be located in any required front, side, or rear yard except in
accordance with this Bylaw.
6.2.2
No principal building shall be located so as to be within more than one lot, except
where one or more of the lots is an air space parcel.
6.3
Location of Buildings and Structures Adjacent to Watercourses
6.3.1
Unless otherwise required by another level of government, all buildings, and
structures in all zones shall be located not less than 15 m (49.2 ft) from the natural
boundary of a lake, marsh, pond, river, creek, stream, including without limitation:
-
Rogers Creek;
-
Dry Creek, east of the Quadrant Street;
-
Ship Creek, east of 3rd Ave;
-
Lugrin Creek;
-
Cherry Creek;
-
Kitsuksis Creek, east of the Kitsuksis Dyke; and
-
the Somass River, north of Lupsicupsi Point,
-
or any other natural body of water, except the ocean.
6.3.2
Buildings and structures shall be located not less than 7.5 m (24.6 ft) from any dyke
right-of-way or other flood protection structure.
6.3.3
Parking and loading areas and other impervious surfaces shall be located not less
than 7.5 m (24.6 ft) from the natural boundary of any lake, marsh, pond, river, creek,
stream or any other natural body of water, except the Alberni Inlet, and must fulfil
the requirements of other levels of government.
6.4
Height Exemptions
The following structures or structural parts shall not be subject to the building height
requirements of this Bylaw:
-
belfries;
-
cellular towers;
-
chimneys;
-
church spires;
-
domes;
-
elevator and ventilating machinery penthouses
-
fire and hose towers;
-
flag poles;
-
grain storage;
-
monuments;
Bylaw No. 5105
Page 74
-
observation towers;
-
radio towers;
-
silos;
-
solar panels;
-
stadiums;
-
transmission towers; and
-
wind turbines,
-
photovoltaic cells
provided that no such structure shall cover more than twenty percent (20%) of the lot or, if
located on a building, not more than ten percent (10%) of the roof area of the principal
building.
6.5
Visibility at Intersections
6.5.1
Notwithstanding any other section of this Bylaw, on a corner lot at any street-to-street
or street-to-lane intersection, except for a permitted principal building, there shall be
no obstruction of the line of vision above a height of 1.25 m (4.1 ft) and below a height
of 3.0 m (9.8 ft) in the triangular area contained by lines extending to points 6 m along
each lot line from the corner of the lot and a diagonal line connecting those points.
6.5.2
Notwithstanding any other section of this Bylaw, on a corner lot at any lane-to-lane
intersection, there shall be no obstruction of the line of vision above a height of 1.26
m (4.1 ft.) and below a height of 3.0 m (9.8 ft.) in the triangular area contained by
lines extending to points 3 m along each lot line from the corner of the lot and a
diagonal line connecting those points.
Bylaw No. 5105
Page 75
6.6
Minimum Lot Size Exemptions
Notwithstanding other provisions of this Bylaw, zoning restrictions and lot area and frontage
requirements do not apply to a lot created for an unattended public utility use.
6.7
Fences and Hedges
6.7.1
The height of a fence, hedge or wall shall be determined by measurement from
ground level at the average grade level within 1 m (3.28 ft) of both sides of such
fence or wall.
6.7.2
Notwithstanding Section 6.7.1, the height of a fence, hedge or wall erected along a
retaining wall shall be determined by measurement from the ground level at the
average grade within 1 m (3.28 ft) of the side which is supported by the retaining
wall.
6.7.3
Fences, hedges or walls not greater than 1.25 m (4.1 ft) in height are permitted
within a required front yard.
6.7.4
Fences or walls not greater than 1.8 m (6 ft) in height are permitted from the rear
of the required front yard setback to the rear of the property.
6.7.5
In M zones, fences or walls not greater than 2.5 m (8.2 ft) in height are permitted in
a front yard.
6.7.6
No fence in any zone shall be constructed using barbed wire, razor wire, electrified
wire or any other material intended to produce any sensation or injury to any
person or animal having contact with the fence.
3m
Bylaw No. 5105
Page 76
6.7.7
Notwithstanding Section 6.7.6. barbed wire fencing is permitted in all M zones for
security purposes.
6.7.8
Where a chain-link fence is constructed on property it must be coated or
incorporate screening to render the fence opaque.
6.7.9
Maximum permitted height of an open mesh or chain link fence is 3.7 m (12.1 ft) in
cemeteries, public playgrounds, parks, playfields, school areas or in any M zone.
6.7.10
Notwithstanding Sections 6.7.1 through 6.7.6, all fences, hedges and walls are
subject to the provisions of Section 6.5.
6.7.11
There shall be fencing having a minimum height of 1.85 m (6.0 ft) and a maximum
height of 2.4 m (8.0 ft) around open swimming pools.
6.8
Landscaping
6.8.1
In RM, P1, C, M1 and M2 zones, all areas not used for buildings, structures, parking,
loading, access, or storage shall be landscaped.
6.8.2
In all RM, C, and P1 zones, screening not less than 1.5 m (4.9 ft) and not greater than
1.85 m (6.0 ft) in height shall be provided on at least three (3) sides of garbage bins,
receptacles, or storage areas, unless located within a completely enclosed structure.
6.8.3
Notwithstanding Section 6.7.4, screening not less than 1.5 m (4.9 ft) and not more
than 2.4 m (8.0 ft) in height shall be provided:
a)
along any side or rear boundary of a lot in a C zone that abuts an R, RR, RM,
or A zone; and
b)
between any RM zone and any parking or access uses that abut any R zoned
lot, along the common lot lines.
6.8.4
For boulevards: Landscaping in the form of grass, unless otherwise approved by the
City Engineer, shall be provided between the lot line and curb or street shoulder in
the absence of a curb.
6.8.5
Notwithstanding Sections 6.8.1 through 6.8.6, all landscaping requirements are
subject to the provisions of Section 6.5.
6.8.7
In the R and RR zones, a minimum of 40% of a front yard shall be soft landscaping.
Soft landscaping may include areas covered by lawns, plants, shrubs and trees but
does not include impermeable surfaces.
6.9
Storage of Vehicles and Equipment
6.9.1
No commercial vehicle, truck, bus, construction equipment, dismantled or wrecked
automobile, or any similar vehicle, craft, boat, trailer, recreational vehicle, or
equipment shall be parked or stored in the open on property in any R, RR, or RM
zone, except when such vehicles or equipment are engaged in work on or about the
premises upon which they are located.
Bylaw No. 5105
Page 77
6.9.2
Notwithstanding Section 6.9.1, the following types of vehicles are permitted, and
may only be parked or stored in a yard other than a front yard:
a)
One truck, personnel carrier bus or commercial vehicle not exceeding a
length of 9 m (29.5 ft);
b)
Any dismantled or wrecked vehicle for a period of not more than 30
successive days.
6.9.3
Notwithstanding Section 6.9.1, the following types of vehicles and equipment are
permitted to be parked or stored in any yard:
a)
One boat or vessel not exceeding a length of 9 m (29.5 ft); and
b)
One trailer or recreational vehicle.
6.9.4
Notwithstanding Section 6.9.3, parking of one trailer or recreational vehicle, which
may include a boat on a trailer, is permitted in the front yard only on a hard or
gravelled surface.
6.9.5
Notwithstanding 6.9.3, in a C9 zone where a room is rented, the occupant of the
room may park one boat or vessel not exceeding a length of 9 m (29.5 ft), or one
trailer or recreational vehicle for the duration of their stay.
6.10
Accessory Buildings
6.10.1
Accessory buildings shall not be erected unless:
a)
the principal building has been erected; or
b)
the principal building will be erected simultaneously; or
c)
the principal use is in effect.
6.10.2
An accessory building shall not be used as a dwelling, except for a permitted
caretaker's dwelling unit as provided for in Section 6.16.
6.10.3
Except as otherwise provided in this Bylaw, accessory buildings may be located in
required rear and side yards provided that no portion of the building is located
within 1.0 m (3.3 ft) of a rear or side lot line.
6.10.4
Where a garage or carport is accessed from a lane, said building shall be located not
less than 1.5 m (4.9 ft) from the laneway lot line.
6.10.5
In R, RR, and RM zones, the total floor area of all accessory buildings shall not exceed
90 m2 (807.3 ft2), and the height of any accessory building shall not exceed 5.5 m
(18 ft) nor 1 storey, subject to 6.10.7 of this Bylaw.
6.10.6
In the A zone, the total floor area of all accessory buildings shall not exceed 90 m2
(969 ft2), and the height of any accessory building shall not exceed 4.5 m (14.8 ft)
nor 1 storey.
6.10.7
In A, R, RR, or RM zones, not more than two-thirds of the width of the rear yard nor
50% of the lot area to the rear of the principal building of any lot shall be occupied
by accessory buildings.
Bylaw No. 5105
Page 78
6.10.8
In A or RM zones, where a carport or garage or portion thereof is located in the
required side yard of the principal building and is attached to the principal building,
the required side yard adjoining the garage shall be reduced to 0.9 m (3 ft), whether
or not it is an interior or corner lot.
6.10.9
In all zones, on a corner lot, an accessory building or portion thereof which is located
to the rear of the principal building shall be subject to the required side yard
setbacks of the principal building whether or not it is attached to the principal
building.
6.10.10 In P, C, M, W, or RM zones, an accessory building shall not exceed the maximum
height of a principal building.
6.10.11 In P, C, M, W, or RM zones, where an accessory building is located within a required
rear yard, the accessory building shall not exceed 4.5 m (14.8 ft) in height.
6.10.12 Notwithstanding 6.10.1 through 6.10.11, all accessory buildings are subject to the
requirements of Section 6.5.
6.11
Temporary Buildings
6.11.1
A temporary building or structure shall not be used as a dwelling unit.
6.11.2
A trailer or recreational vehicle may be used as a dwelling only on a transitory basis
and when located in a campground.
6.11.3
A temporary building or structure may be erected for construction purposes on a lot
being developed for a period not to exceed the duration of such construction.
6.11.4
The erection of one fabric covered structure (as temporary carports, for example)
on each lot for a maximum of 120 days in each calendar year is permitted.
6.11.5
Except for temporary buildings or structures covered in Sections 6.11.2 through
6.11.4:
a)
Application shall be made in writing to the Building Inspector for a permit
to erect a temporary building or structure; and
b)
At the expiration of a permit such temporary building or structure shall be
removed and the site thereof restored as nearly as possible to its former
conditions.
6.12
Projections
6.12.1
Except in C2, C3, C7, and M zones, certain architectural elements are permitted to
project the specified distance into the required yards, as follows:
a)
Into required front, rear and side yards:
Projection
Distance
Steps and wheelchair ramps
not restricted
Bylaw No. 5105
Page 79
Eaves and gutters
0.9 m (3 ft)
Cornices and sills
0.6 m (2 ft)
Bay windows and hutches
0.9 m (3 ft)
Chimneys and other heating and ventilating equipment
0.9 m (3 ft)
b)
Into required front or rear yards:
Projection
Distance
Cantilevered balconies and sunshades
1.25 m (4.1 ft)
Open porches
1.85 m (6.0 ft)
Marquee
1.85 m (6.0 ft)
Canopy
1.85 m (6.0 ft)
c)
Into side yards:
Projection
Distance
Cantilevered balconies
and sunshades
the lessor of 50% of the required side yard or 1.25 m
(4.1 ft)
Open porches
the lessor of 50% of the required side yard or 1.85 m
(6.0 ft)
Marquee
the lessor of 50% of the required side yard or 1.85 m
(6.0 ft)
Canopy
the lessor of 50% of the required side yard or 1.85 m
(6.0 ft)
6.12.2
Notwithstanding Section 6.12.1, where a side yard is less than 1.5 m (4.9 ft) no
projection shall project over 50% of a required side yard.
6.12.3
Notwithstanding Section 6.12.1., no projection is permitted to project into a
required front yard in an R zone.
6.12.4
Permitted equipment for dispensing flammable or combustible liquids or gas may
be located in a required front or side yard, provided that no part of any such pump
island shall be closer than 4.5 m (14.8 ft) to any front or side lot line.
6.12.5
Notwithstanding Sections 6.12.1 and 6.12.2, a canopy may be erected over any such
pump island provided only that it projects not closer to any lot line than 50% of the
distance between the pump island and the lot line.
6.12.6
In zones where no yard is required and where the width of the public right-of-way
is not less than 10 m (32.8 ft), certain architectural elements may project over the
public right-of-way, provided that such architectural elements are located at or
above a minimum height above grade, as specified in the following:
Projection
Maximum
Permitted
Projection Distance into
R-O-W
Minimum Height Above Grade
Cornice
0.6 m
(2 ft)
3.65 m
(12 ft)
Bylaw No. 5105
Page 80
Eave
0.6 m
(2 ft)
3.65 m
(12 ft)
Gutter
0.6 m
(2 ft)
3.65 m
(12 ft)
Marquee
1.85 m
(6 ft)
2.75 m
(9 ft)
Canopy
1.85 m
(6 ft)
2.75 m
(9 ft)
Sunshade
1.85 m
(6 ft)
2.75 m
(9 ft)
6.13
Swimming Pools
6.13.1
Detached and enclosed swimming pools shall be subject to the requirements
established in Section 6.10 for accessory buildings.
6.13.2
Swimming pools shall be located not less than 2.0 m (6.6 ft) from any lot line.
6.13.3
Unenclosed swimming pools shall be subject to the requirements established in
Section 6.7.11, fencing of swimming pools.
6.13.4
No swimming pool shall be located within a front yard.
6.14
Bed and Breakfast and Guest House Operations
All Bed and Breakfast and Guest House establishments shall conform to the following:
6.14.1
The operation must be conducted in a single detached dwelling.
6.14.2
The operation must be conducted by permanent residents of the dwelling. Guest
House operations may utilize a maximum of two (2) non-resident employees who
are specifically employed to provide services required by the Guest House.
6.14.3
Bed and breakfast operations shall have a maximum of two (2) bedrooms for bed
and breakfast accommodation, with not more than two (2) guests per room.
6.14.4
Guest House operations shall have a maximum of eight (8) sleeping units for Bed
and Breakfast accommodations, being provided to a maximum of sixteen (16)
guests in total.
6.14.5
Breakfast shall be the only meal permitted to be served to guests.
6.14.6
One (1) off-street parking space for each bedroom used for the operation must be
provided.
6.14.7
Tandem parking may be used up to two (2) deep.
6.14.8
Guest houses shall provide a landscaped buffer along property lines abutting
residential uses.
6.15
Home Occupations
6.15.1
A Home Occupation must be conducted entirely within the dwelling unit.
Bylaw No. 5105
Page 81
6.15.2
Notwithstanding Section 6.15.1, where the Home Occupation is urban market
gardening, the regulations in Section 6.22 apply.
6.15.3
A Home Occupation shall involve no internal structural alterations to the dwelling
unit and there shall be no exterior indication including storage of materials, other
than signage, that the building is being utilized for any purpose other than that of a
dwelling unit, and no building, structure, fence or enclosure, other than those in
conformity with permitted residential uses in the zone in which it is located, may be
erected.
6.15.4
Home Occupations shall not produce noise, vibration, smoke, dust, odour, litter or
heat other than that normally associated with a dwelling unit, nor shall it create or
cause a fire hazard, electrical interference, or traffic congestion on the street.
Specifically prohibited activities include manufacturing, welding, vehicle or
machinery repair or any other light industrial use.
6.15.5
The dwelling unit must not be used as a warehouse or retail store.
6.15.6
The operation of a Home Occupation shall be limited to the following provisions:
a)
Traffic related to the Home Occupation use is prohibited between the hours
of 9:00 pm and 8:00 am, except for Home Occupations regulated by the
Community Care Facility Act or related regulations;
b)
A maximum of one non-resident employee;
c)
A Home Occupation must be licenced to and conducted by a permanent
resident of the dwelling unit;
d)
In R, RR, or A zones, the following regulations also apply:
i.
Except for Home Occupations regulated by the Community Care
Facility Act or related regulations, the Home Occupation maximum
floor area must not exceed 40 m2 (430.6 ft2);
ii.
One non-illuminated fascia sign, up to 0.2 m2 (2.15 ft2) in area, is
permitted;
iii.
One customer receiving service at any one time on the lot;
e)
In RM and MH zones, the following regulations also apply:
i.
A maximum floor area not to exceed 19 m2 (204 ft2) per dwelling
unit;
ii.
No signage pertaining to a Home Occupation shall be permitted;
iii.
No customer service shall be permitted in the residence where the
Home Occupation is conducted;
f)
Notwithstanding Section 6.15.6 (e)(iii) of this Bylaw, the operation of a
Tutoring/Instruction Service as a Home Occupation shall be limited to a
maximum of eight (8) students at any one time; and
g)
In multi-unit residential zones, home occupation as a permitted use is
restricted to office space.
6.16
Caretaker Accommodation
One (1) single detached dwelling unit for a caretaker or watchperson is permitted on a lot
within C2, C3, C4, M, or P zones provided:
Bylaw No. 5105
Page 82
6.16.1
All applicable building and fire bylaws are met.
6.16.2
The dwelling shall be a maximum of 60 m2 (645.9 sq ft).
6.16.3
The dwelling unit must be self-contained and separated from any commercial
activities.
6.16.4
The caretaker's presence is necessary to the facility operation and/or public safety.
6.17
Floats and Wharves
6.17.1
Wharves, floats, piers and boat launching facilities constructed, leased, kept or
maintained are permitted in any zone abutting the waterfront and subject to the
approval of other Government Agencies having jurisdiction.
6.17.2
Floats, wharves, piers, and walkways shall be located within the boundaries of a
lawful water lease area or licence of occupation area.
6.18
Sunlight Protection and Privacy
In the case of a building having a height greater than 10 m (32.8 ft) situated in an A, GH, or P
zone, no portion of such building or structure shall project above a plane defined by lines
extending towards the building or structure from all points at ground level from the
neighbouring property's required setbacks or along the centre line of any street or lane
parallel to and abutting the northerly lot line of the site on which the building or structure is
situated and inclined at an angle of 45 degrees to horizontal.
6.19
Minimum Setback from Provincial Highway No. 4 (Johnston Road)
Development immediately adjacent to Provincial Highway No.4 (Johnston Road and River
Road) requires approval of the Ministry of Transportation and Highways for purposes of
legislation under their jurisdiction.
6.20
Adult Retail Store
Adult retail stores shall not be located within 0.5 km radius of a daycare, school or church.
6.21.1
Accessory Dwelling Units
6.21.1
Carriage Houses
May be located on a lot with a principal building on the following conditions:
a)
Is provided direct access to a street or includes a minimum 1.0 m wide
pathway constructed of durable material, extending from the street to the
entrance of the carriage house when direct access is not provided.
b)
Is not located in the required front yard setback area or in front of the
principal building;
c)
Except as otherwise provided in this Bylaw, carriage houses may be located
in the required rear and side yards provided that no portion of the building
is located within 1.0 m (3.3 ft) of a rear or side lot line;
d)
Does not exceed a maximum height of 8.5 m;
e)
Does not contain a gross floor area (excluding a first-storey garage) greater
90 m2;
Bylaw No. 5105
Page 83
f)
Provides for parking in accordance with Section 7.
6.21.2
Garden Suites
May be located on a lot with a principal building on the following conditions:
a)
Is provided direct access to a street or includes a minimum 1.0 m wide
pathway constructed of durable material, extending from the street to the
entrance of the garden suite when direct access is not provided.
b)
Is located in a rear yard;
c)
Except as otherwise provided in this Bylaw, garden suites may be located in
the required rear and side yard setbacks provided that no portion of the
building is located within 1.0 m (3.3 ft) of a rear or side lot line.
d)
Does not exceed a maximum height of 8.5 m;
e)
Does not contain a gross floor area greater than 90 m2;
f)
Provides for parking in accordance with Section 7.
6.22
Market Gardens, Urban
An urban market garden shall be permitted in all zones provided that:
6.22.1
The total area which may be under cultivation on any given parcel shall not exceed
more than 600 m2 in area except where the lot size is greater than 2,400 m2, in which
case an urban market garden shall not exceed 25% of the lot area.
6.22.2
Production shall be limited to the growing and harvesting of fruits, vegetables and
edible plants, but specifically excludes the growing of mushrooms.
6.22.3
On-site sales of edible plants shall be permitted within roadside stands for products
grown on site provided that:
a)
the size of the roadside stand does not exceed a gross floor area of 9 m2;
b)
on-site sales and roadside stands are limited to no more than 120 days
within a calendar year; and
c)
the roadside stand is located on the property and does not impede sight
lines from the driveway.
6.22.4
No artificial lighting shall be used.
6.22.5
No pesticides or herbicides shall be used.
6.22.6
No uncomposted manure shall be used.
6.22.7
The market garden does not create noise, dust, vibration, odour, smoke, glare, fire
hazard, or any other hazard or nuisance, to any greater or more frequent extent
than that usually experienced in the applicable zone under normal circumstances
wherein no market garden exists.
6.22.8
An urban market garden shall not be permitted where a property has farm status
classification, as defined under the BC Assessment Act.
6.23
Animals in Single Detached Residential Zones
Bylaw No. 5105
Page 84
Animal control in Port Alberni shall be in accordance with the Bylaw No. 4593, Animal Control
and Pound Bylaw, 2006 (as replaced or amended from time to time), and the following
regulations:
6.23.1
The keeping of male poultry is prohibited, except on ALR lands or on parcels greater
than 2,000 m2 (21,528 ft2) in area.
6.23.2
The keeping of female poultry is prohibited on lots less than 350 m2 (3,767 ft2) in
area.
6.23.3
The keeping of up to six (6) female poultry in enclosed runs is permitted on lots less
than 2,000 m2 (21,528 ft2) but more than 450 m2 (4,844 ft2) in size. When the lot is
less than 450 m2 (4,844 ft2), no more than four (4) female poultry may be kept.
6.23.4
Runs shall provide at least 0.8 m2 (8.5 ft2) of space per bird and coops of at least 0.2
m2 (2 ft2) of space per bird.
6.23.5
A building or structure used for the keeping of poultry must not be located in the
front yard and must be located at least 3 m (10 ft) from any lot line.
6.23.6
The keeping of bees on lots less than 600 m2 (6,458 ft2) in area is prohibited.
6.23.7
The keeping of bees is permitted to a maximum of 2 hives of bees on lots between
600 m2 and 929 m2 (10,000 ft2) in area, and a maximum of 4 hives of bees on lots
over 929 m2 (10,000 ft2) in area.
6.23.8
Beehives are restricted to rear yards.
6.23.9
A beehive will be located a minimum of 7.5 m (25 feet) away from the neighbouring
property line.
6.23.10 The beehive entrance will be directed away from the neighbouring property and
situated behind a solid fence or hedge that is 1.8 m (6 feet) in height running parallel
to the property line.
6.23.11 All persons wishing to keep bees must be registered with the BC Ministry of
Agriculture and abide by the beekeeping regulations as specified in the provincial
Bee Act and other related legislation.
6.23.12 These regulations do not apply to properties with farm status classification under
the BC Assessment Act.
6.24
Cannabis Retail Store Operations
All Cannabis Retail Stores shall conform to the following:
6.24.1
A Cannabis Retail Store is not permitted within 300 metres of the nearest property
line of a site containing a school.
6.24.2
A Cannabis Retail Store is not permitted in conjunction with any other use.
Bylaw No. 5105
Page 85
6.25
Cannabis Production Facilities
6.25.1
Any operational Cannabis Production Facility must be regulated, approved, and
licensed by Health Canada. A City Business License is also required for operations.
6.25.2
A Cannabis Production Facility is not permitted within 300 metres of the nearest
property line of a site containing a school, licensed daycares, or another Cannabis
Production Facility.
6.25.3
If zoned favorably, a Cannabis Production Facility may operate a cultivation,
processing, and retail use in conjunction on site. A Cannabis Production Facility is
not permitted in conjunction with any other use.
6.25.4
A Cannabis Production Facility must be built to contain odor, noise, light and glare
within the facility as to avoid adverse effects that impair the use, safety or livability
of adjacent properties.
6.25.5
Any Cannabis Production Facility must obtain a Development Permit from the City.
Architectural, landscaping, signage, and lighting plans are required to be submitted
in order to be considered for approval.
6.25.6
A Cannabis Production Facility must limit their hours of operation to occur between
8:00 am and 8:00 pm.
6.26
Useable Open Space
6.26.1
All multi-unit development must provide usable open space.
6.26.2
All usable open space must meet the following:
a)
Usable open space must be an unobstructed area or areas, available for
safe and convenient use by all the building's users and occupants, having
no dimension less than 5.25 m (17.2 ft) and no slope greater than 10
percent
b)
Usable open space shall exclude areas used for off street parking, off street
loading, service driveways, public walkways, and required front yards.
c)
Not more than half of the useable open space required for any dwelling unit
may include roof garden areas where no dimension is less than 5.25 m (17.2
ft), private balconies where no dimension is less than 1.5 m (4.9 ft) and
private patios where no dimension is less than 2.4 m (7.9 ft).
6.26.3
Notwithstanding the provisions of Section 6.26.2, useable open space within a RM-
1 zoned property shall be provided on the lot of not less than 45 m2 (484.4 ft2) for
each dwelling unit containing 3 or more bedrooms, and not less than 28 m2 (301.4
ft2) for each dwelling unit of smaller size.
6.26.4
Notwithstanding the provisions of Section 6.22.2, useable open space within a RM-
2 or 3 zoned properties shall be provided on the lot of not less than 45 m2 (484.4
ft2) for each dwelling unit containing 3 or more bedrooms, and not less than 18 m2
(193.3 ft2) for each dwelling unit of smaller size.
Bylaw No. 5105
Page 86
6.27
Density Bonusing
6.27.1
The purpose of the following density bonusing provisions pursuant to Section 482
of the Local Government Act are to support the development of:
-
Universally Accessible housing units as per 482 (b)
-
Affordable housing units as per 482 (b)
-
Provision of amenities 482 (a)
6.27.2
On lands with an RM zone and the following Density Bonusing is available as follows:
a)
For each ten percent (10%) of the dwelling units constructed using
universally accessible design standards and elevators are provided the floor
area ratio may be increased by 0.1;
b)
For each ten percent (10%) of the dwelling units that are designated as
affordable the permitted the floor area ratio may be increased of 0.1; and
c)
Where greater than seventy-five percent (75%) of the required off-street
parking is provided underground or enclosed underneath the principal
building, the floor area ratio may be increased by 0.1.
6.27.3
To receive a density bonus a proposal may use one or a combination of the above
provisions. The maximum increase in FAR through these provisions is 0.5.
6.27.4
Where density bonusing is to be sought under Section 6.27.2 (b) above, a housing
agreement is required as outline under Section 483 of the Local Government Act.
6.27.5
On lands zoned C-7 the following Density Bonusing is available as follows:
a)
A 0.5 increase in FAR where a minimum of one storey or sixteen and one-
half percent (16.5%) of the gross floor area of the building is used for
commercial purposes;
b)
A 0.5 increase in FAR where greater than seventy-five percent (75%) of the
required parking is provided underground or enclosed underneath the
principal building;
c)
A 0.1 increase in FAR for each ten percent (10%) of the dwelling units are
constructed as accessible and where elevators are provided to all storeys in
the building;
d)
A 0.1 increase in FAR for each ten percent (10%) of the dwelling units are
designated as affordable; and
e)
A 0.5 increase in FAR where a common meeting room or amenity room
containing a minimum of 22 m2 (235 ft2) is provided.
6.27.6
To receive a density bonus a proposal may use one or a combination of the above
provisions. The maximum increase in FAR through these provisions is 0.5 for a
maximum FAR of 3.5.
6.27.7
Where density bonusing is to be sought under Section 6.27.3 (d) above, a housing
agreement is required as outline under Section 483 of the Local Government Act.
6.28
Shipping Containers
Bylaw No. 5105
Page 87
6.28.1
Use of land for the placement of shipping containers is permitted only in M zones,
except where authorized by Section 6.28.3.
6.28.2
A shipping container shall only be used to store materials or products that are
incidental to the operation of a business or facility located on the parcel and shall
not be used for mini-storage.
6.28.3
A shipping container may be used for the temporary storage of tools and materials
on a property other than an M zone, for the construction or maintenance of a
building or structure for which a required building permit has been obtained and
remains active. Upon completion of construction the container must be removed
with 14 days.
6.28.4
No shipping container may be located in the setback area, as specified by the
applicable zone, or within 3 m of any lot line adjoining an R, RM, or MH zone.
6.29
Secondary Suites
May be located within a principal building on the following conditions:
a)
May not exceed 40% of the habitable floor space of the principal building;
b)
Must be fully contained within the principal residence which is a single real estate
entity;
c)
Must be provided with a parking space additional to the standard parking space
requirements for the residence as per Section 7 of this bylaw; and
d)
The principal dwelling is permanently occupied.
Bylaw No. 5105
Page 88
7.
Parking and Loading Regulations
7.1
Applicability
7.1.1
Where any development takes place on any lot, off-street parking and loading areas
shall be provided and maintained in accordance with the regulations of this Section.
7.1.2
A change in use or modification of a building, structure or lot shall result in a
recalculation of parking and loading requirements in accordance with this Section,
which may result in requirements for additional parking spaces to be provided.
7.1.3
No off-street parking is required in the C7 zone except for:
a)
shopping centres;
b)
food stores having a maximum retail floor space of greater than 400 m2
(4305.7 ft2);
c)
residential dwelling units, which require 0.5 parking spaces per dwelling
unit; and
d)
hotels.
7.1.4
No off-street parking is required in the W1 Waterfront Commercial zone.
7.2
General
7.2.1
All off-street parking facilities or loading areas in excess of the requirements of this
Bylaw shall conform to the regulations set forth in this Bylaw.
7.2.2
Where a use is not specifically mentioned or defined, the required off-street parking
spaces for that use shall be the same as for a similar use.
7.2.3
Off-street loading areas shall not be considered as nor calculated as off-street
parking facilities.
7.2.4
Where more than one use is located on a lot or involves collective parking for more
than one building, structure or use, the total number of spaces shall be the sum of
the various classes of uses calculated separately, and a space required for one use
shall not be included in calculations for any other use.
7.2.5
In the C7 or W2 zones, off-street parking shall be permitted on the same lot or on a
different lot, provided that:
a) the different lot is not more than 150 m from the off-street parking use it
serves, measured as the shortest accessible walking route; and
b) a covenant pursuant to Section 219 of the Land Title Act is registered against
the property containing the parking to ensure the required parking is
provided.
7.3
The Use of Parking Facilities
Bylaw No. 5105
Page 89
All required off-street parking spaces shall be used only for the purpose of accommodating the
vehicles of clients, customers, employees, members, visitors, residents or tenants who make
use of the principal building, principal use, or accessory dwelling units for which the parking
area is provided, and such parking area shall not be used for off-street loading, driveways, street
access, access aisles, commercial repair work or display, sale or storage of goods of any kind.
7.4
Development and Maintenance Standards
7.4.1
All off-street parking spaces shall comply with the minimum dimensions set forth
below:
Parking
Space Size
Length
Width
Height
Regular
5.5 m (18
ft)
2.6 m
(8.5 ft)
2.15 m
(7.1 ft)
Small Car
5.0 m
(16.4 ft)
2.4 m
(7.9 ft)
2.15 m
(7.1 ft)
Accessible
5.8 m
(19.0 ft)
3.7 m
(12.1 ft)
2.15 m
(7.1 ft)
Parallel
6.7 m
(22.0 ft)
2.6 m
(8.5 ft)
2.15 m
(7.1 ft)
7.4.2
Where a parking space abuts a fence, wall or other structure along its length, the
width of the parking space shall be increased by 0.3 m (1 ft) along any side that abuts
such fence, wall, building or other structure.
7.4.3
Notwithstanding Section 7.4.1, the minimum dimensions for accessible parking
spaces shall accommodate design features that are complementary to accessible
parking spaces per the BC Building Code, such as a marked pedestrian aisle.
7.4.4
All off-street parking spaces shall have clear access to access aisles.
7.4.5
Minimum access aisles widths shall be:
Bylaw No. 5105
Page 90
7.4.6
Access aisles that are intended for two-way traffic flow shall be not less than 6 m
(19.7 ft) in width.
7.4.7
All parking lots shall be provided with adequate vehicle stops and curbs in order to
retain all vehicles within the parking area, and to ensure that any fences, walls,
hedges, landscaped areas or buildings will be protected from any vehicles using the
parking lot.
7.4.8
The parking lot of any development that is required to provide more than eight (8)
off-street parking spaces shall be paved or covered with some other hard, durable
and dust-free surface.
7.4.9
All parking lots that are required to be paved or covered with some other hard
surface shall have all parking spaces marked with painted lines and traffic flow
directions clearly marked.
7.4.10
Any lighting used to illuminate any parking lot shall be arranged so that all direct
rays of light are reflected upon such parking area and not on any adjoining property.
7.4.11
Where more than ten (10) parking spaces are required, up to twenty percent (20%)
of the required parking spaces may be small car parking spaces. Any small car
parking space shall be clearly marked as such. For R and MH1 zones, one (1) of the
required off-street parking spaces shall be a small car parking space.
7.4.12
All parking lots and loading areas shall be graded and drained to ensure the proper
disposal of all surface water.
7.4.13
Parking lots shall be designed such that individual parking spaces do not have direct
access to any street. For the purposes of this provision, a lane shall not be considered
to be a street.
a) In the R and RR zones, parking spaces provided for dwelling units on
dedicated and separate driveways with access to a street is allowed for
three-plexes and four-plexes.
7.4.14
Tandem parking spaces are permitted for single-detached, semi-detached, three-
plex, four-plex, and row housing under the following conditions:
a) Each dwelling has one parking space that is directly accessible to any street;
b) Visitor parking spaces are not configured in tandem.
c) Only one tandem parking space is located in front of any garage or carport.
7.4.15
The location of street access to or from an off-street parking lot shall be subject to
approval by the City Engineer.
Bylaw No. 5105
Page 91
7.5
Accessible Parking Requirements
7.5.1
For all RM residential buildings, one (1) accessible parking space shall be provided
for each dwelling unit designed to be accessible.
7.5.2
Where twenty (20) or more off-street parking spaces are required for a building or
structure, accessible parking shall be provided as follows:
a) 1 accessible parking space for the first twenty (20) required off-street
parking spaces; and
b) 1 accessible parking space for each additional fifty (50) required off-street
parking spaces or portion thereof.
7.5.3
All accessible parking spaces shall:
a) meet the minimum accessible parking space dimensions as set out in 7.4.1.
and shall be subject to the approval of the Building Inspector;
b) be clearly identified as an accessible parking space; and
c) be conveniently located to an accessible entrance to the building, structure
or use.
7.5.4
Each accessible parking space provided shall count as one of the total number of
required off-street parking spaces.
7.6
Measurement
7.6.1
Where gross floor area is used as a unit of measurement for the calculation of
required parking spaces, gross floor area shall include the floor area of accessory
buildings and basements, except where they are used for parking, heating or storage.
7.6.2
Where the number of employees is used as a unit of measurement, the number of
employees shall mean the greatest number of persons at work during any season of
the year.
7.6.3
Where seating accommodation is used as a unit of measurement, and such
accommodation consists of benches, pews, booths and the like, each 0.5 m (20
inches) of width of such seating accommodation shall be counted as one seat.
7.6.4
Where the calculation of parking requirements results in a fractional value, the
number of required parking spaces shall be rounded up to the nearest whole parking
space.
7.7
Location and Siting of Loading Facilities
7.7.1
Off-street loading areas shall not be located within a required front yard.
7.7.2
Off-street loading spaces shall be designed and located to prevent any vehicle using
such spaces from encroaching on a public right-of-way.
7.7.3
The location of street access to or from any off-street loading area shall be subject
to approval by the City Engineer.
Bylaw No. 5105
Page 92
7.7.4
Where a lot is 15 m (49.2 ft) or greater in width and has a rear yard which adjoins a
constructed public lane for a distance of not less than 15 m (49.2 ft), the rear yard
may serve as a loading space.
7.7.5
Where a lot is less than 15 m (49.2 ft) in width and has a rear yard which adjoins a
constructed public lane, the rear yard may be utilized in conjunction with the rear
yard of an adjoining lot as a loading space.
7.8
Required Amount of Off-Street Loading
7.8.1
For the purposes of Section 7.8, gross floor area shall include the floor area of
accessory buildings and basements, except where they are used for parking,
heating, or storage.
7.8.2
Where there is more than one use or tenant in a building or lot and all such uses
and tenants have adequate access to common loading facilities, the required off-
street loading shall be determined by calculating the requirements of the sum of
the gross floor area of the different uses and/or tenants.
7.8.3
For retail, industry, warehouse and other similar uses, not less than 1 off-street
loading space shall be provided for every 2,000 m2 (21,529 ft2), or portion thereof,
of gross floor area.
7.8.4
For an office building, place of public assembly, hospital, institution, hotel, club or
lodge, auditorium, public utility, school, or other similar uses, not less than 1 off-
street loading space shall be provided for every 3,000 m2 (32,293 ft2), or portion
thereof, of gross floor area.
7.9
Required Amount of Parking
Residential Use
Required Parking Spaces
Single detached dwelling
1 space per unit plus 1 extra parking space where the
home is operating as a provincially licensed Group
Home
Semi-detached dwelling
1 space per unit
Suites or Accessory Dwelling Units
1 space per unit
Supportive housing, and
Community Care Facilities with a
maximum of 4 residents
1 space per 4 resident rooms, plus the single detached
dwelling requirements
Bed and Breakfast
1 per guest room, plus the single detached dwelling
requirements
Community care facility; Seniors
housing
1 space per 3 resident rooms or dwelling units, plus
15% of total number of rooms designated as visitor
and staff parking
Mobile-Home, Modular-Home
2 per unit
Multi-residential dwellings
1.25 per dwelling unit
Multi-residential dwellings in R
and RR zones
1 per dwelling unit
Bylaw No. 5105
Page 93
Dwelling Unit in Commercial
Zones*
*For C7 zone requirements, see
Section 7.1.4 and 5.21.3(e)
1.25 per dwelling unit
Boarding, Lodging House
1 per dwelling or sleeping unit
Institutional Use
Required Parking Spaces
Hospital, Extended Care Housing
for Seniors, Personal Care Homes
1 per 2 employees and 1 per 5 beds
Place of Worship
1 per 10 seats plus 1 per 20 m2 (215.3 ft2) of floor area
used for offices, recreation or assembly
Senior High School
1 per employee and 1 per 10 students
Junior High School
1 per employee
Elementary School
1 per employee
Community College
1 per employee and 1 per 5 students
Day Care Facility
1 per employee
Public Assembly Places,
Recreational Use
1 per 40 m2 (431 ft2) of gross floor area or 1 per 4
seats, whichever is greater
Commercial Use
Required Parking Spaces
Cannabis Production Facility
1 per employee or 1 per 190 m2 (2,045 ft2) of gross
floor area, whichever is the greater
Public Utility Office
1 per employee
Public Service Office
1 per 35 m2 (377 ft2) of gross floor area
Gasoline Service Station and
Motor Vehicle Repair Shop
1 per 2 employees plus 2 per service bay
Retail Store
1 per 30 m2 (323 ft2) of retail floor area
Convenience Store
1 per 30 m2 (323 ft2) of gross floor area
Furniture Store
1 per 200 m2 (2,153 ft2) of retail floor area
Shopping Centre (containing more
than 10 stores)
1 per 17 m2 (183 ft2) of gross leasable floor space
Automobile Sales and Service
1 per 70 m2 (753 ft2) of gross floor area plus 1 per
service bay plus 1 per 2 employees
Office
1 per 35 m2 (377 ft2) of gross floor area
Bank or Other Financial Institution
1 per 45 m2 (484 ft2) of gross floor area
Laundromat
1 per 20 m2 (215 ft2) of gross floor area
Personal Service Shop
1 per 30 m2 (323 ft2) of gross floor area
Medical and Dental Office or Clinic
1 per 35 m2 (484 ft2) of gross floor area
Veterinary Office
1 per 30 m2 (323 ft2) of gross floor area
Funeral Home
1 per 4 seats
Hotel, Motel or Motor Hotel
1 per unit and 1 per 5 seats in a restaurant and the
like or bar and the like
Nightclub, Lounge, Public House,
Drive-Through and Drive-In
Restaurant
1 per 5 seats
10 minimum for drive-in facility
Warehouse Facility
1 per 200 m2 (2153 ft2) of gross floor area
Motion Picture Theatre
1 per 10 seats
Bylaw No. 5105
Page 94
Billiard and Pool Hall
1 per table
Bowling Alley
3 per lane
Amusement Establishment
1 per 30 m2 (323 ft2) of gross floor area
Golf Course
40 spaces per 9 holes
Marina
1 per employee plus 1 per 3 berths
Health and Fitness Facility
1 per 15 m2 (161 ft2) of gross floor area
Restaurant
1 per 4 seats
Industrial Use
Required Parking Spaces
Cannabis Production Facility
1 per employee or 1 per 190 m2 (2,045 ft2) of gross
floor area, whichever is the greater
Manufacturing and Industrial Use
1 per 3 employees or 1 per 100 m2 (1,076 ft2) of gross
floor area, whichever is the greater
Medical Marijuana Facility
1 per employee or 1 per 190 m2 (2,045 ft2) of gross
floor area, whichever is greater
Mini-storage Facility
1 per 200 m2 (2,153 ft2) of gross floor area
Wholesaling
1 per 200 m2 (2,153 ft2) of gross floor area
Storage Area or Yard
1 per 200 m2 (2,153 ft2) of lot area
Bylaw No. 5105
Page 95
8.
Comprehensive Development Zones
Comprehensive Development zones are usually site specific and often create a package of Zoning
standards unique to that site.
CD2 - COMPREHENSIVE DEVELOPMENT - MULTI-FAMILY RESIDENTIAL
INFILL - 4738 Athol Street
8.2
The purpose of this zone is to provide for rental-oriented multi-family in-fill development in the
Uptown neighbourhood at 4738 Athol Street.
8.2.1
Permitted Uses
Principal Uses
Accessory Uses
Multiple family dwellings
Home occupation
8.2.2
Site Development Regulations
Minimum Lot Area
443 m2
(4,768 ft2)
Minimum Frontage
12 m
(39.4 ft)
Maximum Coverage
58%
Minimum Setbacks:
Front yard
3.5 m
(11.5 ft)
Rear yard
5.0 m
(16.4 ft)
Side yard
1.5 m
(4.9 ft)
Maximum Floor Area Ratio
1.34
Maximum Height, Principal Building
13.7 m
(45.9 ft)
Maximum Number of Principal Building Storeys
3
8.2.3
Conditions of Use
a)
Occupancy of dwelling units is restricted to Residential Rental Tenure.
b)
Notwithstanding any other provision of the Bylaw, on-site parking shall be provided at a rate
of one (1) space per dwelling unit.
c)
Notwithstanding any other provision of the Bylaw, up to two (2) parking spaces may be Small
Car parking spaces.
d)
Notwithstanding any other provision of the Bylaw, the amount of useable open space
required shall be 169 m2.
e)
Notwithstanding any other provision of the Bylaw, the amount of useable open space
required may consist exclusively of roof garden areas, private balconies, and private patios.
f)
Permanent roof top structures are not permitted except where required for access.
Bylaw No. 5105
Page 96
g)
Home occupation as a permitted use is restricted to office space for a business which is
lawfully carried on at another location.
Bylaw No. 5105
Page 97
CD3 - COMPREHENSIVE DEVELOPMENT - MULTI FAMILY RESIDENTIAL
INFILL - 4835 & 4825 BURDE ST. AND 3614 & 3618 5TH AVE.
8.3
The purpose of this zone is to provide for in-fill development of multi-family residential
rental units.
8.3.1
Permitted Uses
Principal Uses
Accessory Uses
Multiple family dwellings
Home occupation
8.3.2
Site Development Regulations
Minimum Lot Area
789.7 m2
(8,500 ft2)
Minimum Frontage
20.7 m
(68.0 ft)
Maximum Coverage
50%
Minimum Setbacks:
Front yard
3 m
(9.84 ft)
Rear yard
8 m
(26.25 ft)
Side yard (to street or neighbour)
Side yard (to Lane)
5 m
2 m
(16.4 ft)
(6.56 ft)
Maximum Floor Area Ratio
1.0
Maximum Height, Principal Building
12.5 m
(41.0 ft)
Maximum Number of Principal Building Storeys
3
8.3.3
Conditions of Use
a) Occupancy of dwelling units is restricted to Residential Rental Tenure.
b) Notwithstanding any other provision of the Bylaw, on-site parking shall be provided at a
rate of one (1) space per dwelling unit.
c) Notwithstanding any other provision of the Bylaw, up to eight (8) parking spaces may be
Small Car parking spaces.
d)
e) Groups of multiple family dwellings are permitted, as an exception to Section 6.1 of this
bylaw.
f) Notwithstanding any other provision of the Bylaw, useable open space may be provided
in a required front yard.
g) Home occupation as a permitted use is restricted to office space for a business which is
lawfully carried on at another location.
h) Notwithstanding Section 6.8.2, waste bins must be screened on three sides at a height not
less than 1.5 m and not more than 1.85 m.
Bylaw No. 5105
Page 98
CD5 - COMPREHENSIVE DEVELOPMENT - 3045, 3053, 3063 Kingsway
Avenue
8.5
The purpose of this zone is to provide for in-fill development of a multi-residential building.
8.5.1
Permitted uses
Principal Uses
Accessory Uses
Multiple family dwellings
Home occupation
8.5.2
Site Development Regulations
Minimum Lot Area
1151 m2
(12,389 ft2)
Maximum Coverage
55%
Minimum Setbacks:
Front yard
1.8 m
(5.91 ft)
Rear yard
5.9 m
(19.36 ft)
Side yard (north)
Side yard (south)
3.4 m
2.8 m
(11.15 ft)
(9.19 ft)
Maximum Floor Area Ratio
1.62
Maximum Height, Principal Building
18 m
Maximum number of dwelling units:
25
8.5.3
Parking
8.5.3.1 Vehicle parking will be provided at the following minimum rates:
Type
Bed(s)
Spaces per Dwelling unit
Multi-family
Studio
0.75
Multi-family
1 bed
0.75
Multi-family
2 bed
1.25
Multi-family
3 bed
1.50
8.5.3.2
Secure bicycle storage will be provided at a rate of 0.96 spaces per
dwelling unit.
8.5.4
Useable Open Space
8.5.4.1
A total of 395 m2 of Usable Open Space will be provided at a rate of 15.8 m2
per dwelling unit.
8.5.4.2
Notwithstanding Section 6.27.2(c), required useable open space may
consist exclusively of roof garden areas, private balconies, and private
patios.
Bylaw No. 5105
Page 99
8.5.5
Landscaping
8.5.5.1 Landscape screening will be provided along the side and rear property lines
except where vehicle access is provided.
8.5.6
Signage
8.5.6.1 All signage must meet the requirements for multi-family zones in Port
Alberni Sign Bylaw No. 4843.
8.5.7
Conditions of Use
a)
Limits to Home Occupation listed as Section 6.15.6(f) apply to this
zone.
b)
Notwithstanding Section 11.1.2, a minimum side yard setback of
1.15 m is permitted for an underground parking structure to a
maximum height of 3.5 m above grade.
8.5.8
Site Plan
8.5.8.1
Site Plan at Ground Floor
Bylaw No. 5105
Page 100
8.5.8.2
Site Plan at 2nd Floor
Bylaw No. 5105
Page 101
READ A FIRST TIME this day of .
READ A SECOND TIME this day of .
A PUBLIC HEARING WAS HELD this day of .
READ A THIRD TIME this day of .
RECEIVED the approval by the Ministry of Transportation this day of.
ADOPTED this day of.
Mayor
Corporate Officer
Bylaw No. 5105
Page 102
Schedule A: Zoning Map