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City of Rossland
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Page 2
TABLE OF CONTENTS
SECTION 1:
BASIC PROVISIONS .................................................................................................................................. 5
1.1
APPLICATION ......................................................................................................................................................... 5
1.2
CONFORMITY ......................................................................................................................................................... 5
1.3
SEVERABILITY ........................................................................................................................................................ 5
1.4
UNITS OF MEASURE ............................................................................................................................................... 5
1.5
APPLICABLE REGULATIONS ................................................................................................................................... 5
1.6
NON-CONFORMING USES ..................................................................................................................................... 5
1.7
RULES OF INTERPRETATION ................................................................................................................................... 6
SECTION 2:
ADMINISTRATION ................................................................................................................................................. 7
2.1
INSPECTION........................................................................................................................................................... 7
2.2
VIOLATION ............................................................................................................................................................. 7
2.3
OFFENCE ............................................................................................................................................................... 7
2.4
PENALTY ................................................................................................................................................................ 7
2.5
BYLAW NOTICE ENFORCEMENT ............................................................................................................................. 8
2.6
COMPLIANCE WITH OTHER LEGISLATION .............................................................................................................. 8
2.7
BYLAW AMENDMENT ............................................................................................................................................. 8
SECTION 3:
DEFINITIONS ......................................................................................................................................................... 9
SECTION 4:
GENERAL REGULATIONS .................................................................................................................................... 35
4.1
USE OF LAND, BUILDINGS, AND STRUCTURES .................................................................................................. 35
4.1.1
Non-Conforming Uses ............................................................................................................................ 35
4.1.2
Permitted Uses in all Zones .................................................................................................................... 35
4.1.3
Secondary Suites and Accessory Dwelling Units ..................................................................................... 36
4.1.4
Small-Scale Multi-Unit Housing .............................................................................................................. 37
4.1.5
Home Occupation .................................................................................................................................. 37
4.1.6
Short Term Rental - Residential .............................................................................................................. 38
4.1.7
Short Term Rental - Commercial ............................................................................................................ 38
4.1.8
Bed and Breakfast .................................................................................................................................. 39
4.1.9
Buildings and Structures ........................................................................................................................ 40
4.1.10
Farmer's Market ..................................................................................................................................... 40
4.1.11
Cannabis Retail Store ............................................................................................................................. 40
4.1.12
Employee Housing ................................................................................................................................. 41
4.1.13
Solar Energy System ............................................................................................................................... 41
4.2
TEMPORARY USES, BUILDINGS, OR STRUCTURES ............................................................................................. 41
4.2.1
Temporary Residential Use ..................................................................................................................... 41
4.3
TEMPORARY STRUCTURES OR BUILDINGS ........................................................................................................ 42
4.3.1
Construction-Related Purposes ............................................................................................................. 42
4.3.2
Temporary Buildings or Structures in Any Zone ....................................................................................... 42
4.4
CONVERSION OF BUILDINGS ............................................................................................................................. 42
4.5
PROHIBITED USES .............................................................................................................................................. 42
4.6
REGULATION OF THE SIZE, SHAPE, AND SITING OF BUILDINGS AND STRUCTURES ......................................... 43
4.6.1
General Development Standards ............................................................................................................ 43
4.6.2
Non-Conforming Size, Shape, and Siting ................................................................................................. 43
4.6.3
Siting Exceptions and Permitted Projections ........................................................................................... 43
4.6.4
Height Regulation Exceptions ................................................................................................................. 45
4.7
CONSOLIDATION OF PARCELS PRIOR TO DEVELOPMENT ................................................................................. 45
4.8
EXEMPTION OF EXISTING PARCELS .................................................................................................................... 45
4.9
EXEMPTION FROM MINIMUM PARCEL AREA ...................................................................................................... 46
4.10
CLUSTER, COMPREHENSIVE MIXED USE, AND COMPREHENSIVE RESIDENTIAL DEVELOPMENT .................... 46
4.11
SIGNS .................................................................................................................................................................. 47
4.12
RIPARIAN AREA REGULATIONS ........................................................................................................................... 48
4.13
LIGHTING ............................................................................................................................................................ 48
4.14
HILLSIDE TERRAIN .............................................................................................................................................. 49
4.15
SNOW MANAGEMENT ......................................................................................................................................... 49
4.16
HEAT PUMPS ....................................................................................................................................................... 49
City of Rossland
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Page 3
4.17
SHIPPING CONTAINERS ..................................................................................................................................... 50
SECTION 5:
OFFSTREET PARKING AND LOADING .................................................................................................................. 52
5.1
APPLICATION OF REGULATIONS .......................................................................................................................... 52
5.2
EXEMPTIONS FROM PARKING AND LOADING REQUIREMENTS ............................................................................. 52
5.3
CALCULATING THE NUMBER OF REQUIRED PARKING AND LOADING SPACES ..................................................... 52
5.4
ACCESS AND CIRCULATION................................................................................................................................. 57
5.5
TANDEM PARKING ................................................................................................................................................ 57
5.6
BOULEVARD PARKING ......................................................................................................................................... 58
5.7
ELECTRIC VEHICLE (EV) CHARGING ..................................................................................................................... 58
5.8
PAYMENT OF MONEY IN LIEU OF PARKING SPACES .............................................................................................. 59
5.9
SURFACING OF OFF-STREET PARKING AND LOADING SPACES ............................................................................ 59
5.10
DIMENSION OF PARKING SPACES ........................................................................................................................ 60
5.11
LOCATION OF PARKING SPACES .......................................................................................................................... 61
5.12
PARKING FOR VISITORS OF MULTI-UNIT AND MIXED-USE DWELLINGS ................................................................. 61
5.13
ACCESSIBLE PARKING ......................................................................................................................................... 61
5.14
SNOW REMOVAL .................................................................................................................................................. 61
5.15
OTHER REGULATIONS .......................................................................................................................................... 62
5.16
DRIVEWAY ........................................................................................................................................................... 62
5.17
LOADING SPACE AREA ......................................................................................................................................... 63
5.18
STORAGE OF VEHICLES AND MATERIALS ............................................................................................................. 64
5.19
BICYCLE PARKING ............................................................................................................................................... 64
SECTION 6:
SCREENING & LANDSCAPING ............................................................................................................................ 65
6.1
SCREENING AND LANDSCAPING ......................................................................................................................... 65
6.2
FENCING AND RETAINING WALLS ........................................................................................................................ 67
SECTION 7:
ESTABLISHMENT OF ZONES................................................................................................................................ 70
7.1
ESTABLISHMENT OF ZONES ................................................................................................................................. 70
7.2
LOCATION OF ZONES ........................................................................................................................................... 70
7.3
ZONE BOUNDARIES ............................................................................................................................................. 70
SECTION 8:
RESIDENTIAL ....................................................................................................................................................... 71
8.1
RR: RURAL RESIDENTIAL ...................................................................................................................................... 71
8.2
R-DT: DOWNTOWN RESIDENTIAL ......................................................................................................................... 73
8.3
R-1: LOW DENSITY RESIDENTIAL .......................................................................................................................... 75
8.4
R-2: MEDIUM DENSITY RESIDENTIAL .................................................................................................................... 79
8.5
R-3: RESORT MIXED DENSITY RESIDENTIAL ......................................................................................................... 81
8.6
R-BB: SINGLE DETACHED BED & BREAKFAST ....................................................................................................... 85
8.7
R-GH: GUEST HOME ............................................................................................................................................. 87
8.8
R-GS: GUEST SUITE .............................................................................................................................................. 89
8.9
R-MH: RESIDENTIAL MOBILE HOME PARK ............................................................................................................ 91
SECTION 9:
COMMERCIAL ..................................................................................................................................................... 92
9.1
C-1: COMMERCIAL DOWNTOWN CORE ............................................................................................................... 92
9.2
C-2: COMMERCIAL SERVICE ................................................................................................................................ 95
9.3
C-3: COMMERCIAL RESORT ACCOMMODATION /COMMERCIAL .......................................................................... 97
9.4
C-4: COMMERCIAL TRANSITION ......................................................................................................................... 100
SECTION 10: LIGHT INDUSTRIAL ............................................................................................................................................ 102
10.1
M-1: LIGHT INDUSTRIAL ..................................................................................................................................... 102
SECTION 11: PUBLIC, INSTITUTIONAL, PARKS & OPEN SPACE ............................................................................................. 104
11.1
P-1: PUBLIC AND INSTITUTIONAL ....................................................................................................................... 104
11.2
P-2: PARKS AND OPEN SPACE ............................................................................................................................ 106
11.3
P-3: RESORT RECREATION ................................................................................................................................. 107
11.4
P-4: RESOURCE MANAGEMENT AREA ................................................................................................................. 108
11.5
P-5: RESOURCE MANAGEMENT AREA - RESIDENTIAL ......................................................................................... 109
City of Rossland
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Page 4
SECTION 12: COMPREHENSIVE DEVELOPMENT.................................................................................................................... 111
12.1
CD-1: COMPREHENSIVE DEVELOPMENT ZONE 1 ............................................................................................. 111
12.1.1. CD-1 LDR-1: Low Density Residential ................................................................................................... 113
12.1.2. CD-1 MUR-1: Multi-Unit Residential...................................................................................................... 115
12.1.3. CD-1 AVC-1: Alpine Village Core ........................................................................................................... 118
12.1.4. CD-1 AVC-2: Lower Alpine Village Core 'A' ............................................................................................ 120
12.1.5. CD-1 AVC-3: Lower Alpine Village Core 'B' ............................................................................................ 122
12.1.6. CD-1 AVC-4 : Upper Alpine Village Core ................................................................................................ 124
12.1.7. CD-1 MA-1: Mountain Activity Area ....................................................................................................... 126
12.1.8. CD-1 MA-1 Jumbo: Mountain Activity Area ............................................................................................ 127
12.1.9. CD-1 MA-1 Paradise: Mountain Activity Area ......................................................................................... 128
12.1.10. CD-1 OS-1: Open Space ....................................................................................................................... 129
12.1.11. CD-1 RP-1: Resort Parking .................................................................................................................... 130
12.1.12. CD-1 RI-1: Resort Light Industrial .......................................................................................................... 131
12.2
COMPREHENSIVE DEVELOPMENT CD-2 ........................................................................................................... 132
12.2.1. CD-2 GW-1: Gateway Residential 1 ...................................................................................................... 134
12.2.2. CD-2 GW-2: Gateway Residential 2 ...................................................................................................... 137
12.3
COMPREHENSIVE DEVELOPMENT CD-3 ........................................................................................................... 139
12.3.1. CD-3 RFA: Residential Fringe Area ........................................................................................................ 140
12.3.2. CD-3 RRR: Resort Rural Residential ...................................................................................................... 143
12.3.3. CD-3 RHP: Resort Holiday Park ............................................................................................................ 146
12.3.4. CD-3 RMU: Resort Mixed-Use ............................................................................................................... 148
12.4
CD-4: COMPREHENSIVE DEVELOPMENT 4 - MULTIPLE UNIT/LIMITED COMMERCIAL .................................. 151
12.5
CD-5: COMPREHENSIVE DEVELOPMENT 5 - MIXED SINGLE DETACHED/DUPLEX DWELLINGS .................... 153
12.6
CD-6: COMPREHENSIVE DEVELOPMENT 6 - COOK AVENUE - MIXED RESIDENTIAL .................................... 155
12.7
CD-7: COMPREHENSIVE DEVELOPMENT 7 - EVERGREEN MULTI-UNIT ...................................................... 158
12.8
CD-8: COMPREHENSIVE DEVELOPMENT 8 - MIDTOWN MIXED-USE .......................................................... 160
12.9
CD-9 CTC: COMPREHENSIVE DEVELOPMENT 9 - COMMERCIAL TOURIST CABINS ..................................... 162
LIST OF TABLES
Table 3-1: Equivalency Factors .................................................................................................................................................... 18
Table 4-1: Features and Allowable Projections ............................................................................................................................. 44
Table 5-1: Required Off-Street Parking Spaces ............................................................................................................................. 53
Table 5-2: Parking Occupancy Rates ............................................................................................................................................ 56
Table 5-3: Minimum Specifications for Off-Street Parking ............................................................................................................. 60
Table 5-4: Required Off-Street Parking Loading Spaces ................................................................................................................ 63
Table 7-1: Zone Names and Descriptions ..................................................................................................................................... 70
LIST OF FIGURES
Figure 3-1: Boulevard Parking ...................................................................................................................................................... 11
Figure 3-2: Three Scenarios Where Floor Area Ratio Equals 1.0 .................................................................................................... 19
Figure 3-3: Frontage .................................................................................................................................................................... 20
Figure 3-4: Average Grade, Measured at Exterior Corners ............................................................................................................. 21
Figure 3-5: Setback (Front, Rear, Interior, Exterior) ....................................................................................................................... 31
Figure 4-1: Secondary Suites ....................................................................................................................................................... 36
Figure 4-2: Permitted Location for Heat Pump on Residential Lot ................................................................................................. 50
Figure 5-1: Tandem Parking ......................................................................................................................................................... 57
Figure 5-2: Boulevard Parking ...................................................................................................................................................... 58
Figure 5-3: Specifications for Parking Spaces and Structures ....................................................................................................... 60
Figure 6-3: Vision Clearance at Intersections (Sight Triangles) ...................................................................................................... 67
Figure 6-4: Fence Heights (in select zones) .................................................................................................................................. 68
Figure 8-1: R-1 Zone Equivalent Units ........................................................................................................................................... 78
Figure 8-2: R-3 Zone Equivalent Units ........................................................................................................................................... 84
Figure 9-1: C-3 Zone Equivalent Units .......................................................................................................................................... 99
Figure 12-1: CD-1 Zone Equivalent Units .................................................................................................................................... 112
Figure 12-3: CD-2 Zone Equivalent Units .................................................................................................................................... 133
Figure 12-4: RRR Sub-Zone Equivalent Units .............................................................................................................................. 145
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
BASIC PROVISIONS
Section 1 | Page 5
SECTION 1:
BASIC PROVISIONS
1.1
Application
1.1.1
This Bylaw applies to all land, Buildings and Structures and the surface of water within the
boundaries of the City of Rossland.
1.2
Conformity
1.2.1
Land, including the surface of water, shall not be used and Buildings and Structures shall
not be constructed, altered, located or used except as specifically permitted in this Bylaw.
1.3
Severability
1.3.1
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held
to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall
be severed and the decision that it is invalid shall not affect the validity of the remaining
portions of this Bylaw.
1.4
Units of Measure
1.4.1
Metric units are used for all measurements in this Bylaw.
1.5
Applicable Regulations
1.5.1
Where this bylaw sets out two or more regulations that could apply to a situation, the most
stringent regulation shall apply.
1.5.2
Where this bylaw sets out both general and specific regulations that could apply to a
situation, the specific regulation shall apply.
1.6
Non-Conforming Uses
1.6.1
A lawful use of land, Buildings or Structures existing or lawfully under construction at the
time of the adoption of this Bylaw, although such use does not conform to the provisions
of this Bylaw, may be continued, subject to the provisions of the Local Government Act.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
BASIC PROVISIONS
Section 1 | Page 6
1.7
Rules of Interpretation
1.7.1
Words used in the present tense include the other tenses and derivative forms; words
used in the singular include the plural and vice versa; and the word "person" includes a
corporation, firm, partnerships, trusts, and other similar entities as well as an individual.
Words have the same meaning whether they are capitalized or not.
1.7.2
The words "shall" and "is" require mandatory compliance except where a variance has
been granted pursuant to the Local Government Act.
1.7.3
The phrase "used for" includes "arranged for", "designed for", "maintained for", or
"occupied for".
1.7.4
Words, phrases, and terms neither defined in this section nor in the Local Government
Act, Community Charter or the Interpretation Act, shall be given their usual and customary
meaning for the purpose of interpreting this bylaw.
1.7.5
Where a regulation involves two or more conditions, provisions, or events connected by
the conjunction "and" means all the connected items shall apply in combination; "or"
indicates that the connected items may apply singly or in combination; and "either-or"
indicates the items shall apply singly but not in combination.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
ADMINISTRATION
Section 2 | Page 7
SECTION 2:
ADMINISTRATION
2.1
Inspection
2.1.1
The Corporate Officer, the Building Official, or other officer of the Municipality who may
be appointed by Council, in accordance with the Community Charter, is hereby
authorized to enter any property that is subject to regulations under this Bylaw to ensure
compliance with the requirements of this Bylaw, any day of the week.
2.2
Violation
2.2.1
A person commits an offence if they:
a)
contravene or violate any provision of this Bylaw;
b)
cause, permit, or allow any act or thing to be done in contravention of this Bylaw;
c)
neglect or omit to do anything required by this Bylaw;
d)
carry out, cause, or permit development contrary to this Bylaw;
e)
fail to comply with an order, direction, or notice issued under this Bylaw; or
f)
obstruct or attempt to obstruct an authorized person in the lawful exercise of powers
under this Bylaw.
2.3
Offence
2.3.1
Each day that a violation of this Bylaw continues constitutes a separate and distinct
offence.
2.4
Penalty
2.4.1
A person who commits an offence under this Bylaw is liable, upon conviction, to one or
more of the following:
a)
upon summary conviction following a prosecution under the Offence Act, to a fine no less
than $2000 and not more than $50,000, together with the cost of the prosecution and any
other penalty or order imposed pursuant to the Community Charter, the Local Government
Act, or the Offence Act, as amended from time to time,
b)
if a Bylaw Notice is issued, to the fine amount specified in the City of Rossland's Bylaw Notice
Enforcement Bylaw or the fees set out in Schedule 1 - Enforcement Fee Schedule and/or
c)
if an offence continues for more than one day, each day that the offence continues
constitutes a separate and distinct offence, and in the case of a continuing offence, for each
day that the offence continues either or both of,
(i) a minimum fine of $2000, or
(ii) a maximum fine of $50,000
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
ADMINISTRATION
Section 2 | Page 8
d)
imprisonment for not more than 6 months
2.5
Bylaw Notice Enforcement
2.5.1
This Bylaw may be enforced by Bylaw Notice issued under the Community Charter and the
City of Rossland Bylaw Notice Enforcement Bylaw, as amended from time to time.
2.6
Compliance with Other Legislation
2.6.1
In addition to this Bylaw, a person is responsible for ascertaining and complying with the
requirements of all other applicable municipal bylaws, or Provincial or Federal statutes
and regulations.
2.6.2
The requirements of the Development Permit Areas included within the Official
Community Plan apply in addition to the regulations in this Bylaw.
2.7
Bylaw Amendment
2.7.1
Any person applying to amend this Bylaw shall apply in writing to the Corporate Officer of
the City of Rossland.
2.7.2
Any application for the amendment of this Bylaw shall be accompanied by:
a)
a completed and signed application form in the format approved by the City of Rossland.
b)
maps, plans, or other material describing the location of the land to be rezoned.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
DEFINITIONS
Section 3 | Page 9
SECTION 3:
DEFINITIONS
In this Bylaw all words or phrases shall have their normal or common meaning except where this is
changed, modified or expanded by the definitions set forth below:
ACCESSORY BUILDING
means a detached Building or Structure, the use or intended use of
which is customarily incidental, subordinate, and exclusively
devoted to the use of a permitted Principal Building or a Principal
Use situated on the same Parcel, and does not contain a residential
use.
ACCESSORY USE
means a use subordinate, customarily and normally incidental to
and exclusively devoted to a Principal Use of land on the same
Parcel.
ACCESSORY DWELLING UNIT
means a self-contained Dwelling Unit with its own cooking,
sleeping and bathing facilities, and which is located on the same
property as the Principal Residence. An Accessory Dwelling Unit
has a separate entrance, either from a common indoor landing or
directly from the outside. This may include a garden suite, coach
house, or laneway home.
ACCOMMODATION UNIT
including Commercial Short-Term Rentals, means one or more
Sleeping Units, together that:
a)
may or may not contain cooking facilities;
b)
contain at least one bathroom; have a private
c)
entrance either from outside or from a common hall
d)
inside a Building; and
e)
provides temporary accommodation.
AFFORDABLE HOUSING
means housing that is attainable to a household without requiring
more than 30% of its gross income to be spent on housing costs
and includes non-market or special-needs housing that is secured
through a covenant and/or regulated by a housing agreement.
AGRICULTURAL STANDS
means Accessory or Temporary Buildings and Structures for
retailing agricultural products.
AGRICULTURAL USE
means a use providing for the growing, rearing, cultivating,
producing, harvesting, and processing of agricultural products,
including horses, cattle, other livestock, swine, furbearing animals,
poultry, pigeons, doves, bees, rabbits and other animals and birds.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
DEFINITIONS
Section 3 | Page 10
AISLE
means the area used by motor vehicles for access to and from all
Off-Street Parking Spaces, but does not include required Parking
Spaces.
ALTERATION
means a structural change to a Building and includes:
f)
an addition to Gross Floor Area or Height;
g)
the removal of a portion of the Building;
h)
construction of, cutting into, or removal of a wall, partition,
column, beam, joist or floor;
i)
a change to, or closing of, any required means of access; and
j)
a change to the exterior fixtures, equipment, cladding or trim.
ALTERNATIVE FUEL
INFRASTRUCTURE
means facilities for refueling or recharging vehicles powered by
alternative clean energy sources such as hydrogen, propane, or
other clean energy sources.
ANIMAL PROOF CONTAINER
means a container featuring sturdy construction and an animal-
proof latching system on the lid and door.
ANIMAL PROOF ENCLOSURE
means a Structure that has four enclosed sides, a roof, door(s) and
a self-latching device, of a design and strength sufficient to prevent
access by animals.
ARTIST STUDIO
means a Building or Structure for the production of dance, live
music, creative writing, painting, drawing, pottery or sculpture,
video, moving or still photography. Amplified sound may not be
audible beyond the property line.
AUTOMOBILE REPAIR, MAJOR
means general repairs, rebuilding, or reconditioning of engines,
motor vehicles, or trailers such as collision service, body repair and
frame straightening, painting and upholstering, vehicle steam
cleaning, and undercoating.
AUTOMOBILE WRECKING YARD
means an outdoor area where motor vehicles are disassembled,
dismantled or junked or where inoperable motor vehicles or used
parts of motor vehicles are stored.
BASEMENT
means the part of a Building partly or wholly below Finished Grade.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
DEFINITIONS
Section 3 | Page 11
BED AND BREAKFAST
means the licensed use of a Single Detached Dwelling unit
occupied by the owner or a manager as their Principal Residence,
for the provision of temporary lodging of paying guests in not more
than four guest rooms in the Dwelling and the serving of a morning
meal to such guests and includes the use of common living and
dining areas in the Dwelling by such guests. Bed and Breakfast use
is prohibited in conjunction with a Secondary Suite or an Accessory
Dwelling Unit.
BICYCLE PARKING, LONG-TERM
means bicycle parking intended for residents, employees, or other
regular users, located in a secure, weather-protected area such
as a locked room, enclosure, or individual locker and has
adequate lighting.
BICYCLE PARKING, SHORT-TERM
means bicycle parking intended for visitors or customers, located
in publicly accessible areas near Building entrances, and typically
consisting of racks or posts that allow bicycles to be secured.
BOULEVARD PARKING
means parking on the section of a Driveway located between the
property lot line and the edge of the asphalted roadway, as
illustrated in Figure 3-1: Boulevard Parking.
Figure 3-1: Boulevard Parking
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
DEFINITIONS
Section 3 | Page 12
BUILDING
means a Structure used or intended for supporting or sheltering
any use or occupancy by persons, animals or property and which
is permanently affixed to the land.
BUILDING, PRINCIPAL
means a Building which:
a)
occupies the major or central portion of a Parcel;
b)
is the chief or main Building on a Parcel; or
c)
constitutes, by reason of its use, the primary purpose for
which the Parcel is used.
BUILDING OFFICIAL
means the Building Official of the City of Rossland duly appointed
by Council.
BUILDING SUPPLY OUTLET
means a Building or Structure in which Building or construction
and home improvement materials are offered or kept for sale at
retail and may include the fabrication of certain materials related
to home improvement.
BULK FUEL DEPOT
means lands, Buildings and Structures for the storage,
distribution of fuels, oils but not including retail sales or key lock
operations.
BUS TERMINAL
means a Building where Commercial Vehicles pick up and
discharge fare paying, intercity passengers. Uses may include
ticket sales, luggage checking facilities and similar uses.
BUSINESS SUPPORT SERVICES
means a Building used to provide support services to businesses
and which are characterized by one or more of the uses of minor
mechanical equipment for printing, duplicating, binding or
photographic processing; secretarial services; the provision of
Office maintenance or custodial services; the provision of Office
security; and the sale, rental, repair, or servicing of Office
equipment, furniture and machines. Typical uses include but are
not limited to printing establishments, testing laboratories, film
processing establishments, janitorial firms and Office equipment
sales, repair establishments, and Sign shops.
C ZONE
means all commercial Zones with only the letter C as a prefix in
the Zone name, including but not limited to, C-1, C-2, C-3 and C-
4 Zones.
CAMPGROUND
means an area of land, managed as a unit, providing short-term
accommodation for tents, tent trailers, travel trailers,
Recreational Vehicles, campers and Tourist Cabins and may
include, in conjunction with campsites:
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
DEFINITIONS
Section 3 | Page 13
a)
Recreational Facilities intended for the use of overnight
guests only;
b)
Limited Resort Commercial Use intended for the use of
overnight guests only;
c)
Administration Office;
d)
Common washrooms, laundry, kitchen facilities intended
for the use of overnight guests only; and
e)
Accessory Buildings and Structures.
CANNABIS
means cannabis as defined in the Controlled Drugs and
Substances Act and includes any products containing cannabis.
CANNABIS OPERATION
means the cultivating, growing, producing, packaging, storing,
distributing, dispensing, advertising, trading, consumption, or
selling of Cannabis or its derivatives but excludes a City-
approved Cannabis Retail Store, Cannabis Standard Processing
or Cannabis Micro Processing establishment.
CANNABIS RETAIL STORE
means a retail establishment licensed under provincial authority
for the sale of Cannabis for consumption off-premises.
CAR WASH ESTABLISHMENT
means a commercial establishment for washing or cleaning
motor vehicles.
CARTAGE
means a Building or Structure where trucks or tractor trailers are
rented, leased, kept for hire, or stored or parked for remuneration
or from which trucks or transports are dispatched for hire as
common carriers. These facilities may also include a Warehouse.
CHILDCARE FACILITY
means premises licensed as required under the Community Care
and Assisted Living Act to provide care, educational services, or
supervision for three or more children.
CHURCH
means a Building wherein persons regularly assemble for
religious worship, and which is maintained and controlled by a
religious body organized to sustain public worship.
CIVIC USE
means the use of a Building, Structure or Parcel for public
functions which are under the auspices of a public body,
including but not limited to fire halls, community centres,
community halls, government Offices, Libraries, Museums,
public works and sewer and water pumping stations and
reservoirs.
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CLUB OR LODGE
means an association of persons, whether incorporated or not,
united by some common interest, meeting periodically for
cooperation and conviviality. Club or Lodge shall also mean,
where the context requires, a Building or establishment owned or
occupied by members of such association and their guests within
which the activities of the Club or Lodge are conducted.
CLUSTER DEVELOPMENT
means a design technique whereby Buildings in a development
are located in limited areas (clustered) on a site to allow the rest
of the site to be used for Open Space.
COMMERCIAL, DOWNTOWN USE
means a use intended to stabilize, maintain, and enhance the
unique commercial character of Downtown Rossland as an
attractive, lively main street environment. Specifically, the
Commercial Downtown provides for land uses downtown that
have a strong pedestrian-oriented character, with a mixture and
concentration
of
specialty
shopping,
Personal
Service,
Restaurant, cultural, and entertainment uses limited to: Artist
Studio and Gallery, Business Support Services, Bus Terminal,
Clubs or Lodges, Craft Brewery or Distillery, dance studios,
Eating and Drinking Establishments, Financial Institutions,
fitness clubs, Health Services, Household Repair Services,
Hotels, Hostel, Institution, Liquor Licensed Premises, Offices,
Personal Services, Radio and Television Studios, Restaurants,
Retail Stores, Retail Store associated with Small Scale Food and
Beverage Processing Establishment, Schools, Veterinarian's
Clinics, video rental store, and generally excludes a use providing
for the sale or servicing of non-household or non-personal goods
or things.
COMMERCIAL, ENTERTAINMENT
USE
means facilities for entertainment and recreational activities
indoors including pool halls, amusement arcades, bowling
alleys, racquet sport facilities, Theatres and other similar indoor
facilities.
COMMERCIAL, NEIGHBOURHOOD
ORIENTED USE
means a Retail Store, not exceeding 150 m2 of Gross Floor Area,
for the retail sale of groceries, meat, fish, bakery goods, flowers,
magazines and newspapers, a limited pharmacy, a post Office,
and the rental of videos to supply daily household necessities to
the surrounding area.
COMMERCIAL, RESORT USE
means uses intended primarily to serve visitors and users of
resort accommodations and recreational facilities, including
spas, Restaurants, Eating and Drinking Establishments,
Conference Facilities, the retail sale of tourist-oriented goods,
merchandise, other materials and services, including but not
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DEFINITIONS
Section 3 | Page 15
limited to clothing, footwear, sports equipment, sporting goods,
sports accessories, souvenir shops, and personal care items.
These uses are intended to be limited in scale and type to ensure
they do not compete with or detract from the commercial role
and vitality of the designated Downtown area.
COMMERCIAL, SERVICE USE
means uses that are primarily of a non-retail character, some of
which require Outdoor Storage or activity areas. Retail and Office
uses are allowed to the extent that they are compatible with the
service commercial uses; Uses are limited to: automobile sales,
Automobile Repairs-Major, Car Wash Establishment, Building
Supply Outlet, Business Support Services, Garden Supply sales,
Schools, Clubs or Lodges, construction and trades, delivery
terminal, fruit and vegetable stand, Gasoline Service Stations,
glass sales, fitness clubs, heating shops, Hostels, Hotels,
Household Repair Services, light machinery sales, light marine
sales, Motel, mortuaries, nurseries, plumbing shops, Public
Parking Area, Restaurants, Retail Store, sheet metal shops,
Equipment Rental, Storage Yard, Small scale light assembly
operations, small scale Warehouse and distribution, Theatres,
and Veterinarian's Clinic. Uses are generally providing for the sale
or service of non-household and non-personal goods, or for the
sale or servicing of any goods that necessitate access by motor
vehicle.
COMMERCIAL, TRANSITION
SERVICE USE
means a use providing limited commercial activity that
complements, not competes with the Commercial, Downtown
Uses; and is limited to: Artist Studios, Bus Terminal, Business
Support Services, Clubs or Lodges, dance studios, Eating and
Drinking Establishments, fitness clubs, Health Services,
Household Repair Services, Hostels, Hotels, Personal Service
Establishments, Offices, radio and television studio, Restaurants
and Schools.
COMMERCIAL UNIT
means a separate or self-contained area or areas in a Building
used or intended to be used by one Commercial Use.
COMMERCIAL USE
means an occupation, employment or enterprise that is carried
on for gain or monetary profit by any person.
COMMERCIAL VEHICLE
means a vehicle defined as such by and licensed under the
Commercial Transport Act, and a vehicle not so licensed but
which is used for the collection or delivery, or both, of
merchandise or other commodity in the ordinary course of a
business undertaking.
Zoning Bylaw No. 2864
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DEFINITIONS
Section 3 | Page 16
COMPREHENSIVE MIXED-USE
DEVELOPMENT
means a comprehensively planned development project
containing both commercial and residential floor space designed
as a single development.
COMPREHENSIVE RESIDENTIAL
DEVELOPMENT
means a comprehensively planned development which may be
located on one or more lots designed as a single site with respect
to Off-Street Parking and accesses and includes one or more
Buildings.
CONFERENCE FACILITY
means a facility used for the holding of conferences,
conventions, seminars, workshops, meetings, or similar public or
private assembly activities, and includes accessory uses such as
administrative offices, facilities for the preparation and serving of
food and beverages, and ancillary storage.
CONGREGATE HOUSING
means housing in which residents share common areas,
particularly a dining facility.
COUNCIL
means the duly elected Council of the City of Rossland.
CRAFT BREWERY or DISTILLERY
means a Building used for production of alcoholic beverages for
retail and wholesale sales, with a maximum Gross Floor Area of
1,000m2. The facility may include retail sales, tours and tastings
and food consumption. No more than two tractor-trailer type
vehicles shall be allowed for pick-up or delivery to the facility
within any 24-hour period.
CREMATORY
means a Building fitted with the proper appliances for the
purposes of the cremation of human remains and may include all
things incidental or ancillary to this process.
DENSITY
is measured by the number of units in a given area, Floor Area
Ratio, or unit ratio(units/area); none of which can be altered
through a Variance.
DENSITY BONUS
is an incentive outlined in a Zoning Bylaw that allows developers
to build at a higher density than otherwise permitted in exchange
for the provision of a community amenity, contribution, or public
benefit.
DRIVEWAY
means the primary access route from a Highway to the Parcel or
Building.
DWELLING
means one or more Sleeping Units, including living, cooking, and
sanitary facilities, used or intended to be used as residential
accommodation by a household or individual(s), but shall not
include Hotels or Institutions.
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DEFINITIONS
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DWELLING, MULTIPLE
CONVERSION
means a Single Detached Dwelling converted to contain up to
three (3) or four (4) residential units and does not include a Single
Detached
Dwelling
with
an
Accessory
Dwelling
Unit.
Conversions do not include reconstruction of the Building.
DWELLING, MULTIPLE UNIT
means a residential use where a Building on a Parcel consists of
five (5) or more Dwelling Units including but not limited to
townhouses or apartment Buildings.
DWELLING, SINGLE DETACHED
means a detached Building consisting of one Dwelling Unit used
or intended for use as a permanent home or residence.
DWELLING, DUPLEX
means a Building that is divided horizontally and/or vertically into
two separate Dwelling Units, each of which has separate heating,
plumbing, and wiring systems and an independent entrance.
DWELLING UNIT
means a Building or a portion of a Building designed for use as a
residence by one household, with its own cooking, sanitary, and
sleeping facilities.
EATING AND DRINKING
ESTABLISHMENT
means the use of land, Buildings and Structures where foods and
beverages are prepared and offered for sale to the public, for
consumption within the premises or off the site, including but not
limited to neighbourhood pubs, bars, lounges, licensed
Restaurants, cafes, and refreshment stands.
EMPLOYEE HOUSING
means a Dwelling or group of Dwellings used to provide
temporary or permanent accommodation for employees of a
company, or by persons who are related to or living with that
employee as a spouse, common-law partner, foster parent, or
family member by blood or adoption, and contains access to
individual or shared washroom and kitchen facilities.
EMPLOYEE HOUSING UNIT
means a Dwelling Unit, a Sleeping Unit or an individual bed within
Employee Housing, that is provided by a company, for temporary
or permanent accommodation of an employee of that company,
or by persons related to or living with that employee as a spouse,
common-law partner, foster parent, or family member by blood
or adoption.
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DEFINITIONS
Section 3 | Page 18
EQUIVALENT UNITS
means the ratio utilized to equate the impacts of various land
uses to one Single Detached Dwelling.
Table 3-1: Equivalency Factors
EQUIVALENCY FACTORS
LAND USE
UNITS
EU's
Single Detached
Dwelling Unit
1.00
Duplex (i.e., 1 Duplex = 2 Dwelling Units = 2 EU)
Dwelling Unit
1.00
Small-Scale Multi-Unit Housing
Dwelling Unit
0.66
Employee Housing Unit
Dwelling Unit
0.33
Multiple Unit Residential (Townhouse, Apartment greater than 50 m2)
Dwelling Unit
0.66
Apartment less than 50 m2.
Dwelling Unit
0.33
Hotel or Motel unit
Accommodation Unit
0.33
Commercial
200 m2 Gross Floor Area
1.00
EV-READY STALL
means a Parking Space with electrical infrastructure capable of
supporting Level 2 electric vehicle charging (240 volts, 40 amps
minimum).
FARMER'S MARKET
means a market whose vendors either make, bake or grow the
products they produce, where farmers and/or their families
display and sell locally grown or processed foods with only a
limited number of non-food crafts and no imported products.
FENCE
means a Structure or visual barrier used as an enclosure or
screening along Parcel boundaries and may include a gate,
screen or trellis, but does not include a Retaining Wall.
FINANCIAL INSTITUTION
means the premises of a bank, trust company, investment
dealer, credit union, mortgage broker or related business.
FLOOR AREA, GROSS
means the total floor area of a Building on a Parcel measured to
the exterior limits of a Building including all areas giving access
thereto, such as corridors, hallways, landings, foyers, staircases,
stairwells, enclosed balconies and mezzanines, and enclosed
porches or verandahs.
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FLOOR AREA, NET
means the sum of the horizontal areas of each Storey of the
Building measured from the interior faces of the exterior walls
providing that in the case of a wall containing windows, the
glazing line of the windows may be used. The net floor area
measurement is exclusive of Basement areas used exclusively
for storage or service to the Building, attics, Garages, carports,
breezeways, unenclosed porches, balconies and sundecks,
exit stairways, corridors, and Terraces. In the case of multiple
Dwelling housing, public corridors, common amenity spaces,
and Building mechanical systems are also excluded. In the case
of Congregate Housing, communal dining and kitchen facilities
are excluded.
FLOOR AREA RATIO
as illustrated in Figure 3-2 means the numerical value of the
Net Floor Area on all levels of all Buildings and Structures on a
lot, divided by the area of the lot. The three scenarios depicted
in Figure 3-2 (below) all have a Floor Area Ratio (FAR) of 1.0, in
that the Net Floor Area is equal to the area of the lot.
Figure 3-2: Three Scenarios Where Floor Area Ratio Equals 1.0
FOOD PROCESSING
ESTABLISHMENT
means a commercial establishment in which food is processed
or otherwise prepared for human consumption but not
consumed on the premises.
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FRONTAGE
as illustrated in Figure 3-3: Frontage means the horizontal
distance between two side Parcel lines measured at the
minimum Building Setback from the Front Parcel Line.
Figure 3-3: Frontage
GARAGE, PRIVATE
means an Accessory Building or part of the Principal Building
designed and used primarily for the storage of motor vehicles
and includes a car port. An Accessory Dwelling Unit may be
included within a private garage.
GARDEN SUPPLY
means a Building, Structure and land used for growing, display
and retail sale of plants and seeds together with gardening
tools and equipment, gardening chemicals, landscaping
materials, and related uses.
GASOLINE SERVICE STATION
means a Building or land used or intended to be used for the
retail sale of motor fuels and lubricants and may include a Car
Wash Establishment, the servicing and minor repairing of
motor vehicles and the sale of automobile accessories.
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GOLF COURSE
means a public or private area operated for the purpose of
playing golf. May include a par 3 Golf Course, club house,
Accessory driving ranges and miniature Golf Courses.
GRADE, AVERAGE
means the average of the Finished Grade, as illustrated in
Figure 3-4, calculated by referencing the Finished Grade at the
outermost corners of the principal exterior walls or columns.
The following are excluded from the calculation:
-
Minor projections and recesses (including window
bays, chimneys, pilasters, entryways, porches, and
façade jogs) are ignored.
-
Localized depressions immediately adjacent to the
building (e.g., window wells) are excluded.
-
Artificial features attached to the building and
intended to raise the grade, including but not limited
to, a berm, retaining wall, window well, or steps are
excluded from the calculation.
Figure 3-4: Average Grade, Measured at Exterior Corners
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GRADE, FINISHED
means:
a) the grading elevation as identified on a lot grading plan,
where such a plan has been approved by the City;
b) where there is no approved lot grading plan, the lowest
Natural Grade elevation existing prior to construction,
such grade elevation to include fill materials placed on the
lot to raise the grade elevation up to but not above the
Natural Grade elevation of adjacent lots.
GRADE, NATURAL
means the elevation of the ground surface in its natural state,
before man-made Alteration; or on sloping or irregular sites, the
angled plane, before man-made Alteration.
HEALTH SERVICES
means a Building used for the provision of physical or mental
Health Services on an out-patient basis. Services may be of a
preventative, diagnostic, treatment, therapeutic, rehabilitative, or
counselling nature. Typical uses include but are not limited to
medical and dental Offices, chiropractors, massage therapists
and acupuncture clinics, health clinics, and counseling services.
HEAT PUMP
means a mechanical device that transfers heat from one location
to another, typically used for space heating and cooling or water
heating, drawing heat from the air, ground, or water.
HECTARE, GROSS
means a hectare of land which includes developable and
undevelopable areas given over for the dedication of streets,
Lanes and Open Space.
HECTARE, NET
means the total land area calculated within a Parcel boundary
minus the total land area within the same Parcel boundary that is
likely to be occupied by road right of ways and Park dedications.
HEIGHT
(in metres) means the vertical distance measured from Average
Grade to the highest point of a roof.
(in Storeys) means the number of Storeys contained between the
roof and the floor of the first Storey.
HIGHWAY
includes a street, road, Lane, bridge, viaduct and any other way
open to public use, but does not include a private right-of-way on
private property.
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HILLSIDE TERRAIN
means land with inclines of 12% or more for a minimum horizontal
distance of 10.0 m.
HOME OCCUPATION
means a Commercial Use that is not a Short-Term Rental, carried
out by an occupant of a Dwelling Unit for remuneration which is
accessory to the residential use of the Dwelling and subject to
Section 4.1.5.
HOSPITAL
means any Institution, Building or other premises or place
established for the maintenance, observation, medical and dental
care and supervision and skilled nursing care of persons afflicted
with or suffering from sickness, disease or injury or for the
convalescence of chronically ill persons.
HOSTEL
means a Building used as a temporary place of lodging containing
one or more dormitories and includes common area and facilities
for washing, cooking, dining, and socializing.
HOTEL
means a Building which contains Sleeping Units having a common
entrance and providing accommodations for the traveling public.
It may contain Public Assembly, commerce, entertainment, indoor
recreation or Restaurant uses and premises licensed for on-site
consumption of alcoholic beverages, with or without private
cooking facilities in Sleeping Units.
HOUSEHOLD REPAIR SERVICES
means a Building used for the provision of repair to goods,
equipment and small appliances normally found within the home.
Typical uses include but are not limited to radio, television, and
appliance repair, furniture refinishing, and upholstery shops. This
use class does not include Personal Services establishments.
INSTITUTION
includes an arena, college, court of law, community centre,
federal Office, fire hall, Library, municipal Office, provincial Office,
Museum, Park, playground, police station, Hospital, School,
stadium or swimming pool.
JUNK
means used or discarded worn out or scrapped machinery,
vehicles, vehicle parts, scrap metal, chains, used pipes, waste
paper, rags, enamelware, furniture, bottles, cans, rope, iron,
copper or other scrap or discarded materials.
JUNKYARD
means any Parcel of land or Building for which the Principal or
Accessory Use is the abandonment, collection, demolition,
dismantlement, keeping, storage, bailment, salvage or sale of
Junk.
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KENNEL
means an establishment for the boarding or breeding of dogs or
cats.
LANDSCAPE BUFFER
means a continuous strip planted in lawns, shrubs, and/or trees
with or without Fences, walkways or other Structures or materials
as used in landscape architecture.
LANDSCAPE SCREEN
means an opaque visual barrier formed by a row of shrubs or trees
or by a wooden Fence or masonry wall or by a combination of
these.
LANE
means a road allowance less than six meters in width which is
intended to provide only a secondary means of access to a site, at
the side or rear of the property.
LEISURE FACILITIES
means Buildings, Structures or venues that accommodate
community leisure activities and services including arts, cultural
and recreational programs.
LIBRARY
means a Building containing printed, pictorial, audio, video and
other reference materials for public use for purposes of study,
reference and recreation.
LIGHT MANUFACTURING
means fabricating, processing, assembling and finishing that does
not produce hazardous wastes, is undertaken completely within
an enclosed Building and results in finished products that
generally weigh less than about 200 kg per unit.
LIQUOR LICENSED PREMISES
means any Building, Structure or premises licensed to sell liquor
under the B.C. Liquor Control and Licensing Act, including a bar,
cabaret, cold beer and wine store, liquor store, nightclub or
neighbourhood pub.
LOADING SPACE
means an open area used to provide free access for vehicles to a
loading door, platform or bay for the purpose of loading or
unloading.
M ZONE
means all Zones with the letter M as a prefix in the Zone name,
including but not limited to the M-1 Zone.
MAUSOLEUM
means a Building used as a place for the interment of the dead in
sealed crypts or compartments.
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MICRO PROCESSING, CANNABIS
means the small-scale manufacturing, packaging and labelling of
Cannabis products destined for sale to customers and intra-
industry sales of those products, including to provincially
authorized distributors, as well as associated activities as
authorized under the Cannabis Act (Canada).
MINING USE
means the extraction of minerals from the surface or subsurface.
MOBILE HOME
means a transportable, single or multiple section Single Detached
Dwelling conforming to the MH Standards at the time of
manufacture and in accordance with CAN/CSA Z240 MH
installation requirements. It is ready for occupancy upon
completion of setup in accordance with required factory-
recommended installation instructions.
MOBILE HOME PARK
means a Parcel of land under one ownership which has been
planned, divided into Mobile Home Park Spaces, and improved for
the placement of Mobile Homes for permanent residential use,
containing three or more Mobile Home Park Spaces or upon which
is located three or more Mobile Homes and includes all Buildings,
Structures, or accessories used or intended to be used as
equipment for the Mobile Home Park.
MOBILE HOME PARK SPACE
means a Parcel of land within a Mobile Home Park on which Mobile
Homes may be placed for permanent residential use.
MOTEL
means accommodation primarily for transients traveling by
automobile, with a Parking Space on the lot for each lodging unit,
which may or may not provide cooking facilities for individual
Sleeping Units, and with access to each such unit directly from the
outside.
MUNICIPALITY
means the Corporation of the City of Rossland or the area within
the municipal boundaries as the context may require.
MUSEUM
means a Building or Buildings used, or to be used, for the
preservation of a collection of paintings, works of art, objects of
natural history, mechanical, scientific or philosophical inventions,
instruments, models or designs, dedicated to the recreation of the
public, together with Libraries, reading rooms, laboratories or
other Offices and premises used or to be used in connection
therewith.
NON-MARKET HOUSING
means housing owned or operated by a government, non-profit, or
co-operative entity and offered at below-market rents or prices
and is secured by covenant and/or subject to a housing
agreement.
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OFFICE
means a Building or part thereof, designed, intended or used for
the provision of professional, management, administrative or
consulting in an office setting. Typical uses include but are not
limited to the Offices of lawyers, accountants, travel agents, real
estate and insurance firms, planners, clerical and secretarial
agencies or, where not conducted on the site thereof, the
administration of an industry, but shall not include a retail
Commercial Use, any industrial use, Health or Personal Service,
Financial Institution, place of amusement, the servicing and repair
of goods, and the manufacture or handling of a product.
OFF-STREET PARKING SPACE
means any space on a Parcel, excluding Highways and Aisles, for
the parking of one vehicle.
OPEN SPACE
means the open, unobstructed space on a Parcel, including the
open unobstructed space accessible to all occupants of any
residential or commercial Building or Structure on the Parcel
including the required set back areas, which is intended for
passive or active recreational purposes and provides for greenery,
the growth and maintenance of grass, flowers, bushes, gardens,
community gardens and other landscaping and may include,
permeable-surfaced pedestrian walks, Patios, pools or similar
areas, but does not include any storage, Driveway, ramp or parking
areas.
OPEN SPACE, NATURAL
means Open Space for the conservation, preservation and passive
or active recreational appreciation of natural features and may
include a Watercourse, grasslands, stands of mature trees, Trails,
wildlife habitat and sanctuaries or other land forms deemed
worthy of protection for their unique value unto itself, the
surrounding area and the community as a whole.
OUTDOOR STORAGE
means the keeping, placing, or storing of goods, materials,
vehicles, equipment, or products outside of a Building, whether or
not for sale, rental, or distribution, and does not include temporary
placement for loading or unloading purposes.
PARCEL
means any lot, block or other area in which land is held or into
which it is subdivided but does not include a Highway.
PARCEL AREA
means the total extent of the Parcel.
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PARCEL COVERAGE, BUILDING
means the total ground level of all primary and auxiliary
impermeable Buildings, additions, carports, canopies and
Structures of any kind located on a Parcel, measured to the
outside of the foundations or footings, divided by the total Parcel
Area and expressed as a percentage. The roof, canopy or other
raised sheltering surface can extend to a maximum of .6.0 m from
the outside of the foundations or footings over the Parcel, beyond
which the additional extension of the roof, canopy or other raised
sheltering surface over the Parcel is also included in the
measurement.
PARCEL COVERAGE, SURFACE
means the percent of the Parcel Area covered by Buildings or
Structures, parking areas, Driveways and walkways. Permeable or
semi-permeable surfaces are exempt.
PARCEL LINE
means the legally surveyed boundary that defines the extent of a
Parcel as registered in the Provincial land title system.
PARCEL LINE, EXTERIOR SIDE
means a Parcel line that is common to the Parcel and a street,
other than a rear or Front Parcel Line.
PARCEL LINE, FRONT
means a Parcel boundary contiguous to a Highway but not a Lane,
provided that in respect of a corner Parcel, the Front Parcel Line
shall be the shortest Parcel boundary contiguous to a Highway
other than a Lane.
PARCEL LINE, INTERIOR SIDE
means a Parcel line between two or more Parcels or a Lane, other
than a front or Rear Parcel Line.
PARCEL LINE, REAR
means the boundary of a Parcel which lays the most opposite to
and is not connected to the Front Parcel Line.
PARK
means an area permanently devoted to recreational uses and
generally characterized by its natural, historic or landscaped
features, and used for both passive and active forms of recreation.
It includes all landscaping, facilities, playing fields, access, Trails,
Buildings and Structures consistent with the general purpose of
parkland.
PARKING SPACE
means a space, exclusive of Aisles and Driveways, to park one
motor vehicle.
PARKING SPACE, ACCESSIBLE
means a Parking Space that is accessible for those with mobility
needs.
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DEFINITIONS
Section 3 | Page 28
PATIO
means a platform, which may or may not be attached and
projecting from the face of a building, with a surface height that
does not exceed 0.6 m from natural grade at any point..
PEAK WORKFORCE
means the maximum number of employees required for resort
operations during any consecutive two-week period within the
previous 12 months, as demonstrated to the satisfaction of the
City.
PERSONAL SERVICES
means uses that provide Personal Services to an individual which
are related to the care and appearance of the body or the cleaning
and repair of personal effects and where the sale of retail goods is
only Accessory to the provision of such services. Typical uses
include but are not limited to barber shops, hairdressers,
manicurists, spas, tailors, dress makers, shoe repair shops, dry
cleaning establishments, and Laundromats; but do not include
Health Services.
PRINCIPAL RESIDENCE
means a single Dwelling Unit where an individual makes their
home for the majority of a calendar year and lives within the
residence a minimum 240 days per year and is the Dwelling Unit
with the residential address used on documentation related to
billing, identification, taxation and insurance purposes, including,
without limitation, income tax returns, Medical Services Plan
documentation, driver's licenses, personal identification, and
vehicle registration. For these purposes a person cannot normally
reside at more than one Dwelling or location.
PRINCIPAL USE
means the main purpose for which land, Buildings or Structures
are used or intended to be used.
PUBLIC ASSEMBLY
means a gathering space for civic, cultural, political, religious,
social, educational, and recreational or like purposes within a
Building.
PUBLIC PARKING AREA
means a Parcel or part of a Parcel or a Building for parking public,
customer or employee vehicles.
PUBLIC UTILITY USE
means facilities for local transmission, storage or treatment of
water, sewage, electrical power, telephone, natural gas, cable
television and other similar services compatible with surrounding
land uses. Does not include the storage or treatment of sewage,
nor towers or data centres.
QUARRY USE
means the extraction of sand, gravel and rock from the surface or
subsurface.
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DEFINITIONS
Section 3 | Page 29
R ZONE
means all Zones with only the letter R as a prefix in the Zone name,
including but not limited to RR, R-1, R-1BB, R-1GH, R-1GS, R-2, R-
3, and R-MH Zones.
RECREATION CABIN
A free standing Accessory Building not connected to utility
services (water, sewer, electricity, gas) which does not serve a
Principal Residence with the following restrictions:
a)
Maximum 80 m2 footprint
b)
May feature both an enclosed indoor area and an outdoor
deck area
c)
maximum 60 m2 max. indoor floor space
d)
must be one level; no second story or Basement
e)
Maximum Height of 6.0 m or 2 Storeys, whichever is less
f)
May contain a CSA certified heat source
g)
May not feature a septic system but should feature a
composting toilet or equivalent.
h)
Must meet all relevant Building/fire/safety codes
i)
Utilized principally for recreation activity
j)
Not utilized as a domicile or residence for any individual for
any period of time.
RECREATION FACILITIES
means the use of land, Buildings or Structures to accommodate
public or private indoor and outdoor recreational activities,
including but not limited to ball diamonds, bike parks, tennis
courts, hockey arenas, swimming pools, skate parks, racquet
courts, and weight rooms.
RECREATION VEHICLE
means a vehicle, trailer or coach, constructed or equipped to be
used as a temporary living or sleeping quarters by travelers.
RESORT OPERATOR
means the owner or operator of a ski resort and associated on-
mountain and base area facilities, including affiliated or successor
entities
RESTAURANT
means a Building where prepared food is offered for sale to the
public and includes cafes, coffee shops, cafeterias, dairy bars,
refreshment stands, fast food take-out establishments, or tea
rooms.
RETAIL STORE
means a Building or Commercial Unit where goods, merchandise,
substances, articles or things are offered or kept for sale at retail,
including storage of limited quantities of such goods,
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DEFINITIONS
Section 3 | Page 30
merchandise, substances articles or things, sufficient only to
service such store. Typical uses include but are not limited to
bakery shops, book shops, camera shops, clothing stores, drug
stores, fish markets, florist shop, grocery stores, hardware, home
furnishing stores, jewelry store, meat markets, optical shop, pet
store, second-hand stores, stationery stores, supermarkets, toy
stores and variety stores.
RETAINING WALL
means a Structure constructed to hold back, stabilize or support
an earthen bank or Structure as a result of differences in lot grades
or slope of terrain.
SECONDARY SUITE
means a self-contained Dwelling Unit located within a Building or
portion of a Building pursuant to the British Columbia Building
Code.
SENIORS HOUSING
means a multiple unit residential Building or group of Buildings
designed and intended for occupancy by elderly persons, often
with common living facilities, services, or supports appropriate to
senior residents, and may include independent living, assisted
living, or residential care facilities under the Community Care and
Assisted Living Act.
SCHOOL
means a public School, a separate School, a community School, a
university, a college or a private School authorized by the authority
having jurisdiction.
SELF STORAGE
means a Building or group of Buildings containing individual,
secured units that are leased or rented to individuals or
businesses for the storage of personal or business goods, and is
not used for manufacturing, retail, or residential purposes.
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DEFINITIONS
Section 3 | Page 31
SETBACK
as illustrated in Figure 3-5 means the horizontal distance
measured at right angles to the Parcel line, between the Parcel line
and the Building, Structure, or use.
Figure 3-5: Setback (Front, Rear, Interior, Exterior)
SHIPPING CONTAINER
means an enclosed unit, typically constructed of steel, designed
for or intended to be used for storing and transporting goods via
ship, rail, or truck, whether or not it is actually being used for such
a purpose (commonly referred to as an intermodal shipping
container, metal storage container, sea can, or ISO container).
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DEFINITIONS
Section 3 | Page 32
SHORT-TERM RENTAL -
COMMERCIAL
means an Accessory Use of a Dwelling Unit that is not a Principal
Residence for overnight guest sleeping accommodation for
temporary accommodation for a paying guest for a period of less
than 30 consecutive days, and for clarity does not include a Bed
and Breakfast accommodation or Short Term Rental - Residential.
SHORT-TERM RENTAL -
RESIDENTIAL
means an Accessory Use of a Principal Residence, or a portion of
one, as temporary accommodation for a paying guest for a period
of less than 30 consecutive days, and for clarity does not include a
Bed and Breakfast accommodation or Short Term Rental -
Commercial. Short term rental - Residential use is prohibited in
conjunction with a Secondary Suite or an Accessory Dwelling Unit.
SIGN
means a name, identification, description, device, display or
illustration which is affixed to or represented directly or indirectly
upon a Building, Structure or Parcel and which directs attention to
an object, product, place activity, person, institute, organization or
business.
SIGN, ANIMATED, FLASHING OR
MOVING
means a Sign which has movement produced either mechanically
or electrically which gives the effect of movement or flashing
lights.
SIGN, FASCIA
means a flat wall Sign that does not project more than 0.4 m from
the surface of a Building.
SIGN, NEON
means a Sign illuminated by a combination of electricity and neon
gas which may or may not move while the Sign is in operation.
SKI FACILITIES
means the use of land, Buildings or Structures to provide cross-
country ski Trails, downhill ski Trails; ski lifts and towers; and may
include Skier Services and Resort Commercial Uses.
SKIER SERVICES
means to equip, service, and teach skiers and snowboarders and
may include but not be limited to ticket sales, equipment rental
and repair, ski school, ski patrol, and change rooms.
SLEEPING UNIT
means a self-contained room intended for sleeping or sleeping
and living purposes that may include bathroom facilities but
exclude individual kitchen/cooking facilities.
SMALL-SCALE FOOD AND
BEVERAGE PROCESSING
ESTABLISHMENT
includes, but is not limited to, a bakery, a butcher shop, a wine or
beer making enterprise but does not include a Craft Brewery or
Distillery.
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DEFINITIONS
Section 3 | Page 33
SMALL-SCALE MULTI-UNIT
HOUSING
means a range of ground-oriented housing types compatible in
scale with single-family neighbourhoods containing up to 4 units
in any configuration, which may include a Single Detached
Dwelling, a Duplex, Triplex, Fourplex, Secondary Suite and/or
Accessory Dwelling Unit.
SOLAR ENERGY SYSTEM
a system that uses solar radiation to produce electricity or heat for
on-site use, which may include components such as solar panels,
inverters, and mounting, or support equipment.
STANDARD PROCESSING,
CANNABIS
means the large-scale manufacturing, packaging and labelling of
Cannabis products destined for sale to customers and intra-
industry sales of those products, including to provincially
authorized distributors as authorized under the Cannabis Act
(Canada).
STOREY
means that portion of a Building which is situated between the top
of any floor and the top of the floor next above it, and if there is no
floor above it, that portion between the top of such floor and the
ceiling above it.
STOREY, FIRST
means the Storey having its floor level not more than 2 m above
grade.
STORAGE YARD
means an area outside of an enclosed Building where
construction, contractor and/or trade related materials and
equipment, lumber and new Building materials, monuments and
stone products, public service and utility equipment or other
goods, material, products, vehicles, equipment, or machinery are
stored, baled, piled, handled, sold or distributed, but shall not
include an Automobile Wrecking Yard or Junkyard.
STRUCTURE
means any construction fixed to, supported by or sunk into land or
water but not concrete or asphalt paving or similar surfacing.
SUBDIVISION
means the division of a Parcel by an instrument, including a strata
plan, as well as the consolidation of, or boundary change to, two
(2) or more adjoining Parcels; subdivide has a corresponding
meaning.
SUBDIVISION, PARTY WALL
means a Subdivision using a shared fire-rated wall (party wall) that
vertically separates Buildings, jointly owned and used by two
parties under an easement agreement or by right in law, and
erected at or upon a lot line separating two Parcels of land, each
of which is, or is capable of being, a separate real-estate entity.
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DEFINITIONS
Section 3 | Page 34
SUB-ZONE
means the individual areas of land with specified permitted uses
and regulations as shown in the comprehensive development
Zones.
TANDEM PARKING
means two Parking Spaces, one behind the other, with a common
or shared point of access to a maneuvering Aisle, Lane or street.
TEMPORARY BUILDING or
STRUCTURE
means a Building or Structure which is not supported on
permanent foundations, and which may or may not be connected
to municipal services.
TERRACE
means an open, uncovered level space either natural or man-
made directly adjacent to a Principal Building and is at an elevation
of not more than 0.4 m above grade.
TOURIST CABIN
means a Building used for commercial guest accommodation. The
maximum Gross Floor Area per tourist cabin shall not exceed
60m2 and may include kitchen and washroom facilities.
THEATRE
means a Building or Structure devoted to showing motion pictures,
or for dramatic, musical or live performances.
TRAIL
means an area used for walking, running, hiking, horseback riding,
cross-country skiing, bicycling or other forms of non-motorized
recreational travel.
VETERINARIAN'S CLINIC
means a Building or part of a Building used for the care, diagnosis,
and treatment of sick, ailing, infirm, or injured animals, and those
who are in need of medical or surgical attention. Such clinics may
or may not also provide short-term lodging for sick animals. Such
clinics may include a pet crematorium.
WAREHOUSE
means a Building or part of a Building used for the storage and
distribution of goods, wares, merchandise, substances or articles
and may include facilities for a truck or transport terminal or yard.
WATERCOURSE
means a natural source of water supply including a lake, pond,
river, creek, spring, ravine, gulch, or wetland, whether or not
containing water, including ice, but does not include an aquifer.
WOOD FIBER PRODUCTION
means planting and harvesting of trees.
ZONE
means a Zone established under the Local Government Act and
this Bylaw.
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GENERAL REGULATIONS
Section 5 | Page 35
SECTION 4:
GENERAL REGULATIONS
Except as otherwise specified in this Bylaw, Section 4 applies to all Zones established under this Bylaw.
4.1
Use of Land, Buildings, and Structures
4.1.1
Non-Conforming Uses
a)
Where the use of land, Buildings or Structures or portions thereof does not conform with
this Bylaw and was lawfully used prior to the enactment of the prohibition in this Bylaw,
the use of the land, Building or Structure or portion thereof may be continued as a non-
conforming use subject to the Local Government Act RSBC 2015, as amended or replaced
from time-to-time.
4.1.2
Permitted Uses in all Zones
a)
Parks, Trails, playgrounds, Open Space and Natural Open Space;
b)
Food production such as fruit, vegetable, community gardens, and other plant production
uses excluding Cannabis production;
c)
Childcare Facility, provided that site conditions do not pose a safety risk;
d)
Home Occupations (subject to Section 4.1.5)
e)
Solar Energy System for use on-site; and
f)
Public Utility facilities for local transmission of water, sewage, electrical power,
telephone, natural gas, cable television and other similar services (but not including
sewage treatment plants, electrical substations, Storage Yards, works yards,
maintenance Buildings, or Offices, towers and data centres) are permitted in all Zones,
and individual Parcels for the facilities are exempt from minimum Parcel Area
requirements provided that:
g)
The location of the Structure or use on the Parcel is necessary for the safe and efficient
operation of the utility;
h)
A Landscape Screen having a Height of not less than 2 m and a 1.5 m wide Landscape
Buffer shall be provided along all Parcel boundaries, and
i)
Fencing having a Height of not less than 1.5 m shall be erected where danger to the public
exists.
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Section 5 | Page 36
4.1.3
Secondary Suites and Accessory Dwelling Units
a)
In developing a Secondary Suite or an Accessory Dwelling Unit, the owner shall comply
with all applicable provisions of the current British Columbia Building Code (BCBC) at the
time of application.
b)
A Secondary Suite, shown in Figure 4-1, may be permitted on the same parcel as a Single
Detached Dwelling, a Duplex, Small-Scale Multi-Unit Housing, or a Multiple Unit Dwelling
where Dwelling Units are horizontally adjacent, and are not located above or below each
other. Not more than one Secondary Suite shall be permitted within each Dwelling Unit.
Figure 4-1: Secondary Suites
c)
A Secondary Suite or an Accessory Dwelling Unit must have a separate entrance, either
from a common indoor landing or directly from the outside.
d)
An Accessory Dwelling Unit must not exceed a Height of 6.0 m or 2 Storeys, whichever is
less.
e)
Notwithstanding Section 4.1.3, where a detached Accessory Dwelling Unit is constructed,
either wholly or in part, in a detached Private Garage, the Building Height may be increased
to 7.5 m or 2.5 Storeys, whichever is less.
f)
An Accessory Dwelling Unit must be located fully above ground.
g)
A Secondary Suite or an Accessory Dwelling Unit shall be located on the same lot as the
Principal Residence and must form part of a single real estate entity. No strata titling will
be permitted.
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Section 5 | Page 37
4.1.4
Small-Scale Multi-Unit Housing
a)
Small-Scale Multi-Unit Housing developments are subject to the following regulations:
1)
Small-Scale Multi-Unit Housing developments containing 3-4 units are permitted
where all applicable zoning, servicing, and engineering standards are met.
2)
For any proposed Small-Scale Multi-Unit Housing development containing 3-4
units, the applicant must show that the local fire flow is adequate for the proposal
and identify any additional servicing requirements prior to submitting a Building
Permit.
4.1.5
Home Occupation
a)
A Home Occupation is subject to the following regulations:
1)
A Home Occupation shall be licensed by the City of Rossland.
2)
The Home Occupation shall not occupy more than 46 m2 of the Dwelling Unit or
Accessory Building, or 25% of the Gross Floor Area of the Dwelling Unit, whichever
is less.
3)
No retail sales other than the sale of goods produced on the premises are
permitted.
4)
The Home Occupation shall be carried out within the Principal Residence, or within
an Accessory Building, with no external storage of materials, containers or finished
products.
5)
A Home Occupation shall not be permitted to have a Commercial Vehicle
exceeding 5 tonnes (5,000 kgs.) gross vehicle weight (GVW), located outside an
unenclosed Building.
6)
Only the inhabitants of the Dwelling Unit and three other people may carry on the
Home Occupation on the site occupied by the Principal Residence.
7)
A Home Occupation shall not operate beyond the hours of 07:00 to 19:00 and not
generate traffic congestion or parking problems with the Municipality or the
immediate neighbourhood and shall not produce a public offence or nuisance of
any kind.
8)
A Home Occupation shall not involve manufacturing, welding, light industries or
other uses which create a noise, vibration, smoke, dust or fume nuisance.
9)
A Home Occupation shall not involve materials or products that produce
flammable or explosive vapours or gases under normal City of Rossland
temperature extremes.
10)
There shall be no exterior indication that the Building is being used for any other
purpose other than the Dwelling, except one Sign may be attached to the wall of the
Principal Residence or Accessory Building and which shall not exceed 0.5 m2.
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Section 5 | Page 38
4.1.6
Short Term Rental - Residential
a)
A Short Term Rental - Residential is subject to the following regulations:
1)
Must only occur in a Principal Residence as an Accessory Use and the principal
resident must be present anytime the Short Term Rental - Residential use is
occurring.
2)
Is not permitted on a Lot where a Childcare Facility, Home Occupation; or Bed and
Breakfast use is operating.
3)
Is not permitted on a Lot where a Secondary Suite and an Accessory Dwelling Unit
exists;
4)
Is only permitted within Single Detached Dwelling;
5)
Is not to exceed one Residential Short-Term Rental per Lot;
6)
Residential Short Term Rental is not permitted in Recreational Vehicles, motor
vehicles, tents, boats or any other Structures that is not a Dwelling Unit.
7)
Compliance with the licensing requirements of the Business License Bylaw as
amended.
8)
Off Street Parking and Loading requirements are subject to the provisions of Section
5.
9)
Subject to Section 4.6, one Sign shall be permitted on a Parcel advertising the short-
term rental operation subject to the following regulations:
i.
The Sign type may be either free standing or Fascia;
ii.
The only permitted Sign lighting is external;
iii.
The content of the Sign shall be limited to the name of the Short Term Rental
- Residential, a telephone number for the contact and an accompanying
graphic design.
iv.
The size of the Sign shall not exceed 0.5 m2.
10)
The Residential Short Term Rental has a maximum of three Sleeping Units within
any Dwelling Unit and a maximum of 6 guests within any Dwelling Unit at any one
time
11)
Must not change the residential character or external appearance of the Single
Detached Dwelling
12)
Shall not create a nuisance for surrounding properties, including, but not limited to,
noise, light pollution or traffic that is disruptive to surrounding residents' use and
enjoyment of their properties.
13)
Temporary Use Permits will not be considered for this use.
4.1.7
Short Term Rental - Commercial
a)
A Short Term Rental - Commercial is subject to the following regulations:
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1)
Compliance with the licensing requirements of the Business License Bylaw as
amended.
2)
Is not permitted on a Lot where a Childcare Facility, Home Occupation; or Bed and
Breakfast use is operating.
3)
Off Street Parking and Loading requirements are subject to the provisions of Section
5.
4)
Must provide contact information for one local contact as the individual available
on a 24/7 basis during the use of Short- Term Rental by a guest to respond within
fifteen minutes to any telephone enquiries regarding the Short-Term Rental, and
who have consented to the applicant to allow their contact information to be made
publicly available, including on-line and to guests of the Short-Term Rental;
5)
Subject to Section 4.6, one Sign shall be permitted on a Parcel advertising the short-
term rental operation subject to the following regulations:
i.
The Sign type may be either free standing or Fascia;
ii.
The only permitted Sign lighting is external;
iii.
The content of the Sign shall be limited to the name of the Short-Term Rental,
a telephone number for the contact and an accompanying graphic design.
iv.
The size of the Sign shall not exceed 0.5 m2.
6)
The Commercial Short Term Rental has a maximum of four Sleeping Units within
any Dwelling Unit and a maximum of 8 guests within any Dwelling Unit at any one
time
7)
Commercial Short Term Rental is not permitted in Recreational Vehicles, motor
vehicles, tents, boats or any other Structure that is not a Dwelling Unit.
8)
Shall not create a nuisance for surrounding properties, including, but not limited to,
noise, light pollution or traffic that is disruptive to surrounding residents' use and
enjoyment of their properties.
9)
Temporary Use Permits will not be considered for this use.
4.1.8
Bed and Breakfast
a)
A Bed and Breakfast is subject to the following regulations:
1)
Must only occur in a Principal Residence as an Accessory Use and the principal
resident (owner or manager) must be present anytime the Bed and Breakfast use is
occurring and not permitted on a lot where a Child Care Facility or Home
Occupation exists;
2)
Compliance with the licensing requirements of the Business License Bylaw as
amended;
3)
Off Street Parking and Loading requirements are subject to the provisions of Section
5;
4)
Subject to Section 4.6, one Sign shall be permitted on a Parcel advertising the Bed
and Breakfast operation subject to the following regulations:
Zoning Bylaw No. 2864
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Section 5 | Page 40
i.
the Sign type may be either free standing or Fascia;
ii.
the only permitted Sign lighting is external;
iii.
the content of the Sign shall be limited to the name of the Bed and Breakfast.
iv.
a telephone number for the contact and an accompanying graphic design.
v.
the size of the Sign shall not exceed 0.5 m2.
5)
The Bed and Breakfast has a maximum of four Sleeping Units;
6)
Must not change the residential character or external appearance of the Single
Detached Dwelling;
7)
Shall not create a nuisance for surrounding properties, including, but not limited to,
noise, light pollution or traffic that is disruptive to surrounding residents' use and
enjoyment of their properties;
8)
Temporary Use Permits will not be considered for this use;
4.1.9
Buildings and Structures
a)
Accessory Buildings and Structures shall be permitted in all Zones provided that:
1)
The Height of an Accessory Building or Structure in any R Zone shall not exceed 4.5
m or 1.5 Storeys, whichever is less.
2)
Notwithstanding the Setback requirements of this Bylaw:
i.
the Setback for the vehicle entrance of a Private Garage or carport may be
reduced to not less than 0.3 m from the Parcel line facing the vehicle entrance,
provided that the reduced Setback applies only across a width not exceeding
the maximum permitted Driveway width on the Parcel
ii.
Where the Principal Building is attached to a Private Garage or carport, no
portion of the Principal Building which serves a purpose other than motor
vehicle storage will be permitted to encroach upon the Setbacks required in
that Zone.
4.1.10
Farmer's Market
a)
A Farmer's Market is subject to the following regulations:
1)
A Farmer's Market shall be licensed by the City of Rossland.
2)
The site of a Farmer's Market shall not include any permanent Structures.
3)
A vendor at a Farmer's Market shall only display and/or sell products and foods that
were made, baked or grown locally with only a limited number of non-food crafts
and no imported products.
4.1.11
Cannabis Retail Store
a)
A Cannabis Retail Store is not permitted within 150 m of the property line of a site
containing a School or a youth centre.
Zoning Bylaw No. 2864
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GENERAL REGULATIONS
Section 5 | Page 41
1)
A Cannabis Retail Store must install and maintain an air filtration system that
effectively minimizes odour impacts on neighbouring properties.
4.1.12
Employee Housing
a)
Following the issuance of a Building Permit for the 890th equivalent unit the CD-1 Zone, no
owner of land in this Zone shall be entitled to construct or occupy any tourist
accommodation unit or Dwelling Unit in this Zone unless the resort operator has provided
a number of Employee Housing Units equal to 20% of the peak workforce. Employee
Housing Units provided shall be protected by a covenant under the Land Title Act in favour
of the City of Rossland and shall be subject to a housing agreement between the owner
and the City of Rossland under of the Local Government Act, to ensure long-term
availability to Eligible Employees.
b)
The Employee Housing requirement may be satisfied by one or more of the following,
subject to City approval:
1)
Construction of Employee-Restricted Housing on lands within the resort;
2)
Construction or acquisition of Dwelling Units on other lands within the City,
provided such housing is reasonably proximate to the resort or transit-accessible;
or
3)
Other arrangements approved by Council that demonstrably provide housing for
Eligible Employees and meet the intent of this section.
4.1.13
Solar Energy System
a)
A Solar Energy System is permitted in all Zones in accordance with the following criteria:
b)
Roof mounted Solar Energy Systems are encouraged where feasible, may not project
beyond the outermost edge of the roof, and require a building permit;
c)
A ground mounted system must be sited in accordance with the applicable maximum
Height, minimum Parcel line, lot coverage, and Setback requirements for Accessory
Buildings and Structures.
4.2
Temporary Uses, Buildings, Or Structures
The following uses, Buildings or Structures are permitted to the extent specifically stated:
4.2.1
Temporary Residential Use
a)
Except on a Parcel in a Zone permitting a Campground use, the use of any Parcel or public
space for camp site purposes is prohibited.
b)
Notwithstanding the provision of this section, a camp site use by not more than one trailer,
truck camper, camper, tent or Recreation Vehicle, but not a Mobile Home, shall be
permitted on a single detached residential Parcel for a stay not to exceed fourteen days.
c)
Following a stay of fourteen days or more on a single detached residential Parcel, a camp
site use on that single detached residential Parcel shall not be permitted for the following
five days.
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4.3
Temporary Structures or Buildings
4.3.1
Construction-Related Purposes
a)
Temporary buildings or structures for construction-related purposes connected to an
active Building permit or application may be erected in all Zones, provided that:
1)
the Temporary Buildings or Structures meets the requirements of the British
Columbia Building Code, and amendments thereto;
2)
the Temporary Buildings or Structures is removed within 30 days of completion of
the permanent facility or 12 months after the Temporary Buildings or Structures is
erected or installed, whichever is the lesser period
4.3.2
Temporary Buildings or Structures in Any Zone
a)
Temporary Buildings or Structures for any use may be erected in any Zone provided that:
1)
the use is permitted in the Zone;
2)
the Temporary Buildings or Structures meets the requirements of the British
Columbia Building Code, and amendments thereto;
3)
the use meets the parking requirements of this bylaw; and
4)
the Temporary Buildings or Structures is removed within 30 days of completion of
the permanent facility or 12 months after the Temporary Buildings or Structures is
erected or installed, whichever is the lesser period.
4.4
Conversion of Buildings
a)
Buildings may be converted, altered or remodeled for another use, provided that:
1)
The Building Official certifies that the Building is structurally suitable for such
conversion. The owner of the Parcel or Building to be converted may be required to
provide the City with a report prepared by Structural Engineer.
2)
The converted Building shall comply with all relevant requirements of the British
Columbia Building Code and conform to all the provisions and regulations
prescribed for the zoning district in which it is located.
4.5
Prohibited Uses
a)
Prohibited uses include:
1)
Helicopter landing facilities (except as required for emergency medical
evacuations).
2)
Drive-through commercial facilities including but not limited to financial services,
Restaurants and other retail.
3)
Dumping and or waste disposal except for managed organic waste that is being
composted.
4)
Cannabis Operation
Zoning Bylaw No. 2864
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4.6
Regulation of the Size, Shape, and Siting of Buildings and
Structures
4.6.1
General Development Standards
a)
A development must not exceed the maximum height, density, site coverage, or fail to
comply with the minimum setback requirements applicable to the zone in which the
development is located, as set out in this Bylaw.
4.6.2
Non-Conforming Size, Shape, and Siting
a)
Where the use and Density of a Building or Structure conform to this Bylaw, but the size,
shape or dimensions, or siting of a Building or Structure or portions thereof does not
conform with this Bylaw and was lawfully constructed prior to the enactment of the
prohibition in this Bylaw, the Building or Structure or portions thereof may be repaired,
extended or altered, subject to the BC Building Code, both as amended or replaced from
time to time, provided that:
1)
The Building or Structure does not encroach on public property or public right of way;
2)
The repair, extension or Alteration would, when completed, involve no further
contravention of the Bylaw than that existing at the time the repair, extension or
Alteration was started except where the repair, extension or Alteration is permitted
or authorized through a Council approved variance.
4.6.3
Siting Exceptions and Permitted Projections
a)
When calculating the minimum required distance to an abutting lot line as required
elsewhere in this Bylaw, all items attached to such Building or Structure which project out
from the exterior wall of such Building or Structure, shall be deemed to be part of such
Building or Structure for the purpose of measurement of the Setback.
b)
No features shall project into the Setback required by this Bylaw, except the following as
outlined in Table 4-1:
Zoning Bylaw No. 2864
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Table 4-1: Features and Allowable Projections
FEATURES
ALLOWABLE PROJECTION
Fence and retaining wall
Allowed subject to Section 6.2.
Steps, stairs, eaves, gutters, leaders, cornices,
pilasters, belt courses, sills, bay windows,
chimneys, exterior insulation, and other
ornamental features
May project 0.6 m into required Setback when
prescribed Setback is 1.8 m or greater (projection
applies only to the feature).
Unenclosed balconies, porches, sundecks,
canopies, and awnings
May project 1.2 m into Front or Exterior Side
Setback (projection applies only to the feature).
At-grade patio or terrace
Allowed if constructed no more than 0.6 m above
grade.
Clothesline poles
Allowed
Fixed (to the principal building) external shading
devices
Allowed if: Building Official approves design for
solar rejection; device is cantilevered; projection is
≤ 1.2 m into Setback and remains ≥ 1.0 m from
Interior Side Parcel Line.
Heat Pump
May project into Setback up to 1.5m from any lot
line.
Underground parking / similar fully below-grade
structures (Multi-Unit & Commercial Zones)
May encroach into Setback if grade matches
adjacent parcels and landscaping can be
supported.
Non-occupied Buildings and structures less than
10sq m (garden tool storage shed, greenhouse,
pergola or other Accessory Building, etc.) not
placed on permanent foundation, measuring not
more than 3.1 m in width and 2.5 m or 0.75
Storeys, whichever is less, in Height
May project into Rear Setback where a Lane exists,
and Front and Exterior Side Setbacks, but not into
Interior Side Setback.
Shared inside wall by two or more units or Party-
Wall within a Building for Residential Use, a
Commercial Use, or an Industrial Use, coinciding
with Interior Side Parcel Line or a Strata Parcel
(shown on a registered strata plan) as provided in
the Strata Property Act
Setbacks for the Principal Building specified in this
Bylaw with respect to the side Parcel line shall not
apply.
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4.6.4
Height Regulation Exceptions
a)
The following Structures are exempt from the Height limitations specified in this Bylaw and
in no way shall contain or support habitable use:
1)
flagpole
2)
clothesline pole;
3)
water tower;
4)
antenna or mast for the transmission or reception of radio and television signal;
5)
chimney, smokestack;
6)
spire, steeple, belfry;
7)
dome, cupola;
8)
monument or sculpture;
9)
industrial cranes
10)
elevator penthouses
11)
ventilation machinery, provided they are screened from view
12)
wind turbines or machines and accessory mounting equipment, including racks,
poles and posts.
13)
solar panels, solar collectors or other solar technology and Accessory mounting
equipment, including racks, poles and posts, up to a maximum of 1.0m above the
maximum Building Height allowed under the designated Zone.
4.7
Consolidation of Parcels Prior to Development
4.7.1
Where the construction of a Building that will straddle two or more Parcels is proposed,
development shall not proceed until the separate Parcels are consolidated to form one
property with a single Certificate of Indefeasible Title.
4.8
Exemption of Existing Parcels
4.8.1
The Parcel Area and Parcel width requirements of this Bylaw shall not apply to any Parcel
which has an area or width less than that required by this Bylaw if such a Parcel was
described on the official records on file in the Land Registry Office on or before the
effective date of this Bylaw.
Zoning Bylaw No. 2864
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4.9
Exemption from Minimum Parcel Area
4.9.1
The provisions of this Bylaw pertaining to minimum Parcel Area do not apply in the case
where:
a)
two or more Parcels are to be consolidated into one Parcel;
b)
the Parcel being created is to be used solely for an unattended Building or equipment
necessary for the operation of:
1)
a community water system;
2)
a community sewer system;
3)
a community gas distribution system;
4)
a radio or television receiving or broadcasting antenna;
5)
an air navigation aid;
6)
an electrical substation or power generating station;
7)
Parks or playgrounds; or
8)
any other similar public service facility or utility.
4.10
Cluster, Comprehensive Mixed Use, and Comprehensive
Residential Development
4.10.1
Where a Cluster, Comprehensive Mixed Use or Comprehensive Residential Development
project is proposed, a comprehensive development plan shall be prepared and may
include:
a)
An application form;
b)
A letter of intent explaining the proposal;
c)
A project statistics summary sheet;
d)
An up-to-date certificate of title;
e)
Copies of documents and/or legal plans related to all easements, statutory rights-of-way
and covenants;
f)
Dimensioned site plan;
g)
Dimensioned architectural drawings including floor plans with use notations, elevations,
sections and potentially details;
h)
Detailed land use plan;
i)
Design guidelines, if applicable;
j)
Landscape plans including grading plans, planting plans and planting schedule;
k)
A comprehensive Sign plan;
l)
A servicing plan;
Zoning Bylaw No. 2864
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m)
A phasing plan;
n)
Applicable Engineering reports;
4.10.2
Where a comprehensive development plan is approved in principle, a site-specific
comprehensive development Zone shall be established that addresses matters specified
in the Local Government Act for the subject site. The Zone may include flexible Setback,
Frontage and parking regulations that enable creative development, clustering and
settlement design. Density bonus provisions may be incorporated into the comprehensive
development Zone as an incentive for developers to incorporate greenways, Trails, Parks
and other common Open Spaces, facilities, or amenities into the development design.
4.11
Signs
4.11.1
Except for street identification and numbering Signs, traffic control devices, safety and
hazard warning Signs, parking instruction Signs, political Signs, private sale or event Signs
and prohibitive Signs, all Signs posted shall be in accordance with the regulations of this
section.
a)
The following types of Signs shall not be permitted:
1)
Roof Sign;
2)
Flashing or Moving Sign;
3)
Animated Sign;
4)
Electronic Message Board;
5)
Neon Sign.
6)
Balloon Sign
7)
Vehicle Sign
8)
A Sign or poster placed on the wall of any Building or Structure, post, pole, Fence or
tree, except as otherwise approved by this Bylaw
9)
Billboards and temporary Signs with the exception of sandwich board type Signs
that are no higher than 1m and no wider than 1m.
b)
Illuminated Signs shall not be illuminated from a light source within the Sign.
c)
In a commercial Zone or industrial Zone, business identification Signs are permitted
provided that:
1)
there shall be not more than one free-standing Sign per Parcel, except where the
Parcel is bounded by more than one Highway, one free-standing Sign shall be
permitted on each Parcel boundary abutting a Highway;
2)
a free-standing Signs shall not exceed the Height of the Principal Building on that
Parcel;
3)
there shall not be more than one Fascia Sign for each business occupying the
Parcel;
4)
business identification Signs shall not exceed 5 m2.
Zoning Bylaw No. 2864
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5)
In an industrial Zone, a directional Sign which may consist of a primary Sign as well
as individual business identification Signs is permitted provided that the Sign shall
not exceed 5 m2, and that each individual business Sign shall not exceed 1 m2.
6)
No person shall erect or locate or cause or permit to be erected or located a Sign
that interferes with traffic or obstructs the visibility of a traffic control device.
4.12
Riparian Area Regulations
4.12.1
The Rossland Official Community Plan (OCP) Bylaw establishes Development Permit
Areas and Development Permit guidelines in which best management requirements are
provided for the site design, construction and post-construction of Buildings and
Structures in relation to all riparian areas, streams, ravines and other ecologically
sensitive areas. Such requirements will take precedence over any Setback or other
requirements contained in this Bylaw for Principal and Accessory Buildings and
Structures.
4.13
Lighting
4.13.1
Any outdoor lighting for any development on a Parcel shall be located, arranged and
shielded so that no direct rays of light are oriented upwards, so that no light is directed at
any adjoining properties or interfere with the effectiveness of any traffic control device.
a)
No flashing or blinking exterior lighting shall be permitted.
b)
No exterior neon lighting shall be permitted in Residential Zones.
c)
All direct and ambient lighting shall be shielded in Residential Zones to not shine beyond
the boundaries of the lot.
4.13.2
Where lighting is not for emergency egress or other safety measure, lighting must be
either:
a)
Downcast;
b)
Projected, downward, onto the Building; or
c)
Utilizing other "dark sky" techniques.
4.13.3
Site areas with public access shall be lit in keeping with the principles of crime prevention
through environmental design and require site lighting as is necessary to encourage
pedestrian safety and allow casual surveillance from adjacent Buildings, streets, Public
Parking Areas and walkways.
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4.14
Hillside Terrain
4.14.1
For development on Hillside Terrain, applicants may be required to submit to the City a
report prepared by a Geotechnical Engineer prior to any removal of trees, slope Alteration,
or other Parcel work as well as provide innovation in the design for roads and Structures
with an emphasis on slope stability and minimizing cut and fill.
4.14.2
Alternative development standards may be applicable for these Parcels.
4.15
Snow Management
4.15.1
Rooflines shall be designed so as not to deposit snow on parking areas, trash storage
areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and
snow guards should be utilized to protect these areas from roof snow shedding if
necessary.
4.15.2
No owner, occupant or manager of any real property or improvement thereon shall allow
or permit ice or snow to accumulate on the roof or any other part of the Structure or
Building owned, occupied or managed by him or her where the accumulated ice or snow
constitutes a hazard or reasonable possibility of sliding off the Building onto an adjacent
property or any sidewalk, street, alley, public way, Park or any other publicly used way.
4.16
Heat Pumps
4.16.1
A Building permit is required to install Heat Pumps and all other heating or central air
conditioning systems; whether placed at grade or a balcony or deck.
a)
When placed at the finished or natural grade, Heat Pumps and central air conditioning
units shall (refer to Figure 4-2):
1)
not be located more than 1.2m from a Principal Building, Principal Residence, an
Accessory Building or Accessory Dwelling;
2)
not be closer than 1.5 m from any lot line; and
3)
not interfere with parking or Dwelling Unit access.
b)
Balcony- or deck-mounted Heat Pumps and central air conditioning units shall:
1)
have written permission from a strata, if applicable;
2)
be located at least 1.07 m away from the top of a guardrail and shall not facilitate
climbing; and
3)
not penetrate through the floor assembly where or any horizontal surface or
additional suites.
Zoning Bylaw No. 2864
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4.16.2
A Heat Pump shall not exceed a sound power level of 60 dBA.
Figure 4-2: Permitted Location for Heat Pump on Residential Lot
4.17
Shipping Containers
4.17.1
Shipping Containers are permitted under the following circumstances:
a)
Shipping Containers may be temporarily placed on construction sites for storage
incidental to an active construction project on that site, provided that:
1)
a Building permit has been issued for construction on the site, and the permit has
not expired, and
2)
the Shipping Container is removed once construction is completed, stopped or the
Building permit expires.
b)
a single container may be placed on a Parcel for a period totaling no more than 30 days,
for the purpose of loading or unloading goods to permanently relocate the residential or
Commercial Use.
c)
containers may be temporarily placed on any Parcel or on a Highway for use in
conjunction with the construction or repair of public infrastructure, and
d)
containers may be temporarily placed on any Parcel or on a Highway for use associated
with a municipally approved special event.
Zoning Bylaw No. 2864
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Section 5 | Page 51
4.17.2
Where a Shipping Container is intended to be used as a Building or component of a
Building, it shall be:
a)
constructed in accordance with the current edition of the British Columbia Building Code
in effect at the time of Building Permit application; and
b)
has received a valid Building permit.
c)
shall not be considered a Shipping Container and is instead a Building or portion of a
Building,.
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OFFSTREET PARKING AND LOADING
Section 5 | Page 52
SECTION 5:
OFFSTREET PARKING AND LOADING
5.1
Application of Regulations
5.1.1
Space for the Off-Street Parking and Loading of motor vehicles in respect of a use
permitted under this Bylaw shall be provided and maintained in accordance with the
regulations of this section.
5.2
Exemptions from Parking and Loading Requirements
5.2.1
The regulations contained in this section shall not apply with respect to land, a Building or
a Structure existing at the date of adoption of this Bylaw, so long as the land, Building or
Structure continues to be put to a use that does not require more parking or Loading
Spaces than were required for the use existing at the date of adoption of this Bylaw.
5.3
Calculating the Number of Required Parking and Loading Spaces
5.3.1
The number of required parking and Loading Spaces, including Off-Street Parking Spaces
required for a use, Building, or Structure, shall be calculated according to Table 5-1.
5.3.2
Where the calculation of the required Off-Street Parking Spaces results in a fraction, the
required number of stalls shall be rounded down to the next full number.
5.3.3
Where seating is the basis for determining the number of Off-Street Parking Spaces and
seating consists of benches, pews, booths or similar seating arrangements, each 0.5 m of
width of such seating shall be deemed to be one seat.
5.3.4
In the case of mixed uses (i.e., residential and commercial uses), the total requirements
for Off-Street Parking shall be the sum of the requirements for the various uses computed
separately.
Zoning Bylaw No. 2864
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OFFSTREET PARKING AND LOADING
Section 5 | Page 53
Table 5-1: Required Off-Street Parking Spaces
CLASS OF BUILDING
REQUIRED NUMBER OF PARKING SPACES
RESIDENTIAL DWELLINGS
Single Detached Dwelling;
Duplex;
Small-Scale Multi-Unit Housing;
Secondary Suite;
Accessory Dwelling Unit
1 space per Dwelling Unit
2 spaces per Dwelling Unit with 3 or more
Sleeping Units
Residential Short-Term Rental
1 space per Sleeping Unit
Commercial Short-Term Rental
Each Accommodation Unit must have 1
dedicated parking stall
Bed and Breakfast Accommodation
1 space per Sleeping Unit
Multiple Conversion Dwelling
1 space per Dwelling Unit
Mobile Home
1 space per Dwelling Unit
Multiple Unit Dwellings
1 space per Dwelling Unit with one or two Sleeping
Units;
1.5 spaces per Dwelling Unit with three Sleeping
Units;
2 spaces per Dwelling Unit with 4 or more Sleeping
Units;
plus 0.2 spaces per Dwelling Unit for visitor
parking
Rental, Affordable Housing, Seniors Housing,
0.5 spaces per Dwelling Unit
COMMERCIAL
Art Studio
1.0 space per 100 m2 of Gross Floor Area
Automotive or vehicle sales
2.0 space per 100 m2 of Gross Floor Area
Automotive or vehicle repair
2 space per service bay
Broadcasting Studios
2.0 space per 100 m2 of Gross Floor Area
Building and Garden Supply
1 space per 37 m2 of commercial floor area
Zoning Bylaw No. 2864
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OFFSTREET PARKING AND LOADING
Section 5 | Page 54
Campground
1 space per site/Tourist Cabin
Conference Facility
1 space per 50 fixed seats or 4 spaces per 100 m2
of Gross Floor Area used for Public Assembly,
except where such a facility is located within 400
m of a day skier parking lot
Financial Institutions
2.5 spaces per 100 m2 of Gross Floor Area
Funeral Home
1 space per 5 seats
General Office
2.0 space per 100 m2 of Gross Floor Area
Golf Course
3 spaces per hole
Hostel
1 space per 4 beds
Hotel
1 space per 2 guest rooms
Motel
1 space per guest room
Medical and Dental Clinics
1 space per 50 m2 of Gross Floor Area
Neighbourhood Oriented Store
2 spaces per 100 m2 of retail floor area
Nurseries, Greenhouses
1 space per 30 m2
Personal Service Establishments
1 space per 45 m2 of Gross Floor Area
Restaurants, Cafes, Public Houses, Clubs or
Lodges
1 space per 6 seats
Retail Stores
Gross Floor Area less than 1000 m2
Gross Floor Area 1000 m2 to 2000 m2
Gross Floor Area 2000 m2 to 20,000 m2
Gross Floor Area greater than 20,000 m2
2.0 spaces per 100 m2 of Gross Floor Area
2.3 spaces per 100 m2 of Gross Floor Area
2.4 spaces per 100 m2 of Gross Floor Area
2.5 spaces per 100 m2 of Gross Floor Area
Service stations, vehicle washes
1 space per 2 employees on duty, plus 1 per
service bay, plus additional required spaces for
other associated uses (e.g., retail)
Ski Resort
1 space per 4 units of Comfortable Carrying
Capacity (As determined by the Canadian Alpine
Ski Policy Guidelines.)
Theatres
1 space per 4 seats
Zoning Bylaw No. 2864
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OFFSTREET PARKING AND LOADING
Section 5 | Page 55
Unspecified Commercial Uses
1 space per 30 m2 of Gross Floor Area
INDUSTRIAL
All light industrial uses on all Parcels
1 space per 50 m2 of Gross Floor Area
PUBLIC AND INSTITUTIONAL
Community Halls and Churches
1 space per 3 seats
Childcare Facility
1 space per employee on duty
School
1 space per classroom
Hospital
1 per employee per shift plus 1 per 5 beds
Intermediate Care Facility
1 space per 2 employees plus 1 per 3 beds
Libraries, Civic and Public Service Buildings
1 space per 90 m2
Nursing and Extended Care Homes
1 space per employee on shift
Recreation Facility
1 space per 45 m2 Gross Floor Area plus 1 per 10
seats
Stadium or Arena
1 space per 4 seats
Unspecified Institutional
1 space per 50 m2 of Gross Floor Area
5.3.5
Notwithstanding 5.3.4, cumulative parking requirements for mixed-use occupancies may
be reduced where it can be determined that the peak requirements of the occupancies
occur at different and non-conflicting times, subject to the following conditions:
a)
The applicant shall submit a parking demand summary sheet identifying the greatest
shared parking demand for all uses by using the demand calculations provided in Table
5-2: Parking Occupancy Rates. The calculations shall be completed as follows:
1)
The minimum number of Parking Spaces to be provided for each use shall be
determined by using Table 5-1: Required Off-Street Parking Spaces.
2)
The minimum number of Parking Spaces for each use shall be multiplied by the
"occupancy rate" for each weekday and weekend time period.
3)
For each time period, determine the combined total number of Parking Spaces
required for all uses.
4)
Identify the greatest minimum number of Parking Spaces required amongst the
various time periods to establish the period of greatest shared demand
5)
Once the greatest shared parking demand for all weekday and weekend time
periods is determined, Council will consider the following factors in consideration
of any reduction in parking requirements:
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 56
i.
Distance between sharing uses and the parking facility;
ii.
Pedestrian connections among sharing uses and the parking facility;
iii.
Vehicular connections;
iv.
Whether parking will be paid;
v.
Location and proximity to the town centre area;
vi.
General surrounding development Density;
vii.
Proximity to transit corridors or stations;
viii. Special trip reduction programs, such as vanpooling, transit, shuttle, or
telecommuting;
ix.
Need for any reserved Parking Spaces.
Table 5-2: Parking Occupancy Rates
USES
M-F
M-F
M-F
SAT. &
SUN.
SAT. &
SUN.
SAT. &
SUN.
8am-5pm
6pm-
12am
12am-
6am
8am-5pm
6pm-
12am
12am-
6am
Residential
60%
100%
100%
80%
100%
100%
Office/ Warehouse/Industrial
100%
20%
5%
5%
5%
5%
Commercial
90%
80%
5%
100%
70%
5%
Hotel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Movie Theatre
40%
80%
10%
80%
100%
10%
Entertainment
40%
100%
10%
80%
100%
50%
Conference/Convention
100%
100%
5%
100%
100%
5%
Institutional (non-Church)
100%
20%
5%
10%
10%
5%
Institutional (Church)
10%
5%
5%
100%
50%
5%
Note: This table defines the percent of the basic minimum needed during each time period for shared parking. (M-F =
Monday to Friday); Source: VTPI 2008
b)
The number of on-street parking stalls adjacent to land, a Building or a Structure in the C1
Zone shall be credited against the number of required Off-Street Parking Spaces.
c)
Developments may not exceed minimum parking requirements beyond a maximum of
20%.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 57
5.4
Access and Circulation
5.4.1
Each Off-Street Parking or Loading Space shall be accessible by vehicle from a Highway.
5.4.2
Where more than 10 Off-Street Parking and Loading Spaces are provided, access to these
spaces from an Aisle which intersects with a Highway shall be provided.
5.4.3
Where more than 30 Off-Street Parking Spaces are provided, access to these spaces from
an Aisle that intersects with a Highway at least at two points shall be provided.
5.5
Tandem Parking
5.5.1
Tandem Parking spaces may be provided for residential developments with four (4) or
fewer Dwelling Units, provided:
a)
Only one Tandem Parking space is permitted in front of any Private Garage or carport;
Figure 5-1: Tandem Parking
b)
Tandem Parking spaces can be counted to meet the required parking for each dwelling
unit, including Principal Residences; and
c)
Visitor parking stalls may not be configured as Tandem Parking.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 58
5.6
Boulevard Parking
5.6.1
A maximum of 1 required parking space may be configured as Boulevard Parking, see
Figure 5-2 for visual reference.
Figure 5-2: Boulevard Parking
5.6.2
A Boulevard Parking space may be permitted on residential developments with four (4) or
fewer Dwelling Units, Small-Scale Multi-Unit Housing or Townhouse Dwellings only, and
must:
a)
Not obstructing sidewalks, bike Lane, or intersecting roadways, or be located on a
landscaped boulevard.
b)
Maintain a minimum of 1.0m of clearance from the edge of the roadway.
5.7
Electric Vehicle (EV) Charging
a)
For new residential developments with five (5) or more units:
1)
100% of required Parking Spaces must be EV-Ready with Level 2 charging.
b)
For new residential developments with four (4) or fewer Dwelling Units, at least 1 EV-
Ready Stall must be included.
c)
For Commercial and Institutional Uses, a minimum of 10% of the required Parking Spaces
must include a Level 2 EV charging station.
d)
A required EV-Ready or EV Stall may be substituted at a 1:1 ratio if Alternative Fuel
Infrastructure is provided.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 59
5.8
Payment of Money in Lieu of Parking Spaces
5.8.1
With the exception of Parcels, Buildings or Structures located in Rural Residential (RR) or
Low Density Residential (R-1) zones, payment of money instead of providing required Off-
Street Parking Spaces may be made, at the option of the owner or occupier of the land,
Building or Structure, provided that in residential and commercial zones, 70% of required
off-street parking is provided.
a)
Where payment of money instead of providing required Off-Street Parking Spaces is made
it shall be in the amount of $10,000.00 per Off-Street Parking Spaces, subject to annual
review, which amount shall be placed in the City's parking facilities reserve fund.
5.9
Surfacing of Off-Street Parking and Loading Spaces
5.9.1
Except for areas of adverse soil conditions as determined by the Building Official, 40% of
the total parking area required by this bylaw shall be permeable or semi permeable
surface.
a)
The installation of permeable surfaces shall:
1)
Follow manufacturer specifications for minimum and maximum slopes.
2)
Include the construction of a sub-grade to allow adequate drainage and prevent
frost heave.
3)
Ensure drainage shall not directly discharge onto neighbouring lands.
4)
Include the installation of perforated sub-drains below permeable surfaces, as
required, to store, filter or convey water to additional stormwater facilities.
5)
If permeable surfaces are planned for use along Driveways leading to public streets
or other heavily traveled routes, the surface material and base course must be
selected, designed and certified to withstand the anticipated traffic loading
stresses and maintenance impacts.
b)
Landscaped islands, containing trees, shall be provided every 4 (four) vehicle surface
spaces within a surface parking area.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 60
5.10
Dimension of Parking Spaces
5.10.1
In Zones other than R-Zones, each Off-Street Parking Spaces and parking lot shall be
provided in accordance with the following minimum specifications:
Table 5-3: Minimum Specifications for Off-Street Parking
PARKING ANGLE
90o
75 o
60 o
45 o
PARALLEL
TANDEM
Stall Width
2.9m
2.9m
2.9m
2.9m
2.9m
2.9m
Stall Length
5.5m
5.5m
5.5m
5.5m
6.5m
11.0m
Aisle Width
6.0m
6.0m
5.0m
4.0m
5.0m
6.0m
Access Driveway Width
4.0m
4.0m
4.0m
4.0m
4.0m
4.0m
5.10.2
In R-Zones, the minimum parking space shall be 3.0m wide by 5.0m long
Figure 5-3: Specifications for Parking Spaces and Structures
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 61
5.10.3
For Parcels containing 4 or more Parking Spaces:
a)
Except for Parallel and Tandem Parking, a parking stall length may be reduced to a minimum
of 4.9 m for a maximum of 30% of the required parking stalls. Each reduced parking stall must
be clearly identified with the words "small car".
5.11
Location of Parking Spaces
5.11.1
In all Residential Zones, required Off-Street Parking Spaces shall be provided and
maintained on the same land as the use, Building or Structure they serve.
5.11.2
In Zones other than Residential Zones, Off-Street Parking Spaces may be located on a site
not more than 70 metres from the site on which the use, Building or Structure is located,
provided that the owner enters into a restrictive covenant, approved by City Council and
registered on title, providing the use of the site for parking in conjunction with the site on
which the use, Building or Structure is located.
5.12
Parking for Visitors of Multi-Unit and Mixed-Use Dwellings
5.12.1
Visitor parking shall be identified by a Sign with the words "VISITOR PARKING", and shall
be at a location that is safe, convenient and easily found.
5.12.2
Pedestrian access to visitor parking areas and from the visitor parking area to the main
lobby or an individual residential unit shall be adequately identified with signage that is
clear in its directions to the visitor.
5.13
Accessible Parking
5.13.1
Accessible parking shall be provided in the compliance with the requirements of the
British Columbia Building Code and successor codes or, in the event such requirements
do not apply, where more than 20 parking stalls are required every Off-Street Parking
facility shall provide 1% of the required stalls, with a minimum of 1 stall, for the use of
disabled persons. Each stall shall:
a)
be at least 4.0 m in width and at least 6.0 m in length;
b)
be located as close as possible to a main disabled-accessible Building entrance;
c)
be clearly identified for the exclusive use of people with mobility challenges.
5.14
Snow Removal
5.14.1
For Parcels containing four (4) or more Parking Spaces, the following regulations shall
apply:
a)
If the parking area is required to be used in the winter, an additional area equal to 20% of
the required parking area shall be provided for snow storage on-site. Specific areas to be
cleared shall include the full dimensions of roadways, walkways, and parking areas and
Aisles.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 62
b)
Areas required for snow storage may not be counted towards parking requirements.
c)
A 50% reduction in the required snow storage area shall be permitted if an adequate snow
melt system is constructed for any parking area.
d)
A 70% reduction in the required snow storage area shall be permitted if solar technology
is used for the snow melt system constructed for any parking area.
e)
These snow storage and melt elements shall be designed so that snow is not stored in a
manner where, when melting, it directly discharges into riparian areas or other public
drainage ways or in any way harms the quality of the City's water. Snow shall not be placed
in any creek or other public drainage ways within the City.
f)
Provide snow storage areas away from public streets and other areas where motorist and
pedestrian sight lines are essential.
g)
Sod areas, portions of landscaped areas, bio-retention areas and overflow parking areas
may be identified for snow storage with any plant material selected accordingly.
h)
Permeable surfaces are encouraged for use in snow storage areas.
i)
The owner or occupier of the site shall, at its cost, make arrangements to remove the snow
from the parking area to a location acceptable to the City of Rossland in a timely manner
and no later than 24 hours after a snowfall.
5.15
Other Regulations
5.15.1
Where a Dwelling Unit or units are located in a non-residential Zone in conjunction with
non-residential use, on-site parking must be located in such a way as not to impair access
to the premises for the non-residential use.
5.15.2
No on-street parking is permitted within the Red Mountain Resort Village Area.
5.16
Driveway
5.16.1
In a residential Zone, Off-Street Parking shall have access from a street or Lane and shall
be graded and surfaced pursuant to the surfacing requirements for parking stated in
Section 5.
a)
Driveway Width Based on Lot Frontage:
1)
Lots with 10 m or less Frontage: Maximum one Driveway with a width not exceeding
4.0 m
2)
Lots with Frontage greater than 10 m up to 20 m: Maximum one Driveway with a
width not exceeding 6.0 m
3)
Lots with Frontage greater than 20 m: Maximum one Driveway with a width not
exceeding 7.0 m, OR two single Driveways each not exceeding 4.0 m in width
b)
All Driveways shall have a minimum width of 2.4 m.
c)
All access configurations require Public Works approval.
d)
Shared access Driveways are encouraged for adjacent properties.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 63
5.17
Loading Space Area
5.17.1
No use may be undertaken in any Zone unless the off-street loading requirements in this
Bylaw have been met for that use.
5.17.2
The number of off-street Loading Spaces required for any use is calculated according to
Table 5-4 of this Bylaw:
Table 5-4: Required Off-Street Parking Loading Spaces
SPACE REQUIREMENTS
NO. OF SPACES
Retail Store, Manufacturing, Fabricating, Processing,
Warehousing, and Wholesaling Establishment
a)
less than 300 m2 in net floor area
0
b)
300 to 465 m2 in net floor area
1
c)
465 to 2,300 m2 in net floor area
2
d)
greater than 2,300 m2 in net floor area
3
5.17.3
In cases of Mixed-Use (i.e., residential and commercial uses), required Loading Spaces
for one use shall not be considered as required Loading Spaces for any other use, unless
it can be determined that the peak loading requirements of the various uses occur at
different and not conflicting times, subject to the terms and conditions set out in Section
5.
a)
Off-Street Parking Spaces shall not be credited as off-street Loading Spaces.
b)
Each off-street Loading Space shall be not less than 7.5m in length, 3.0 m in width and
shall provide no less than 4.0 m of vertical clearance. In no case shall the length of a
Loading Space be such that a vehicle in the process of loading or unloading shall extend
into any Highway.
c)
Off-street loading facilities shall be located on the same site as the use, Building or
Structure served, but not within the required front or side Setback or closer than 7.5 m to
the nearest intersection of any two Highways.
d)
Each off-street Loading Space shall have vehicular access to a Highway.
e)
Off-street Loading Space surfaces shall be subject to Section 5.
f)
Where illumination of off-street loading areas is provided, lighting fixtures shall be
located, arranged and shielded so that no direct rays of light are oriented upwards or shine
beyond the boundaries of the Parcel.
g)
Off-street Loading Spaces shall be sited at an elevation convenient to a floor level used
for loading purposes in the Building.
h)
Off-street Loading Spaces existing on the adoption date of this Bylaw shall not be reduced
below the applicable requirements for off-street loading in this Bylaw.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
OFFSTREET PARKING AND LOADING
Section 5 | Page 64
5.18
Storage of Vehicles and Materials
5.18.1
No Commercial Vehicle; disassembled or wrecked vehicle; trailer; Recreational Vehicle
or trailer; construction or heavy equipment of any kind or any Building material shall be
parked or stored in an R Zone or CD Zone except as follows:
a)
one Commercial Vehicle not exceeding 4,000 kg Gross Vehicle Weight (GVW) or
manufacturer's rated capacity of one (1) tonne;
b)
one Recreational Vehicle or trailer per unit;
c)
Commercial Vehicles or equipment required for the construction, repair, servicing or
maintenance of the premises during regular working hours;
d)
Building materials when the owner, lessee or occupier of the premises is in possession of
a valid Building permit, provided that the materials stored are in connection with the
construction or development of the Building pursuant to the Building permit.
5.18.2
No site in a Zone other than an industrial Zone shall be used for:
a)
the storage of Junk or for the wrecking of a motor vehicle;
b)
the storage of a motor vehicle which has been without a license under the Motor Vehicle
Act for a period of more than one year and is not housed in a Private Garage or carport,
and which is intended to be self-propelled but is not capable of moving under its own
power.
5.19
Bicycle Parking
5.19.1
For a Parcel in a multi-unit residential Zone containing six (6) or more residential units, at
least two (2) Long-Term Bicycle Parking spaces per unit and at least 0.2 per number of
units Short-Term Bicycle Parking space per unit shall be provided.
5.19.2
For commercial and Institutional Buildings, at least one (1) Long-Term Bicycle Parking
space shall be provided for every 50m2 of Net Floor Area and at least four (4) Short-Term
Bicycle Parking spaces per entrance shall be provided.
5.19.3
Where Long-Term Bicycle Parking spaces are required, at least one (1) 120v outlet shall
be provided per every 10 required bicycle parking spaces. Each outlet must have access
to a secure mounting system and may be timer controlled.
5.19.4
Payment of money instead of providing the required bicycle parking spaces may be made,
at the option of the owner or occupier of the Parcel, Building or Structure, to the City of
Rossland when the City of Rossland determines compliance otherwise with these
regulations would be undesirable or impractical.
a)
Where payment of money instead of providing the required bicycling parking space is
made it shall be in the amount of $125 per bicycle space, which amount shall be placed
in the City's parking facilities reserve fund.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
SCREENING AND LANDSCAPING
Section 7 | Page 65
SECTION 6:
SCREENING & LANDSCAPING
6.1
Screening and Landscaping
6.1.1
Landscaping and screening regulations are intended to:
a)
ensure a reasonable standard of livability, aesthetic, and placement of landscaping;
b)
protect and strengthen the City's urban tree canopy;
c)
support a healthy and resilient environment through microclimate stabilization, improved
on-site stormwater management, and habitat protection and enhancement in support of
increased biodiversity; and
d)
mask or separate incompatible land uses;
e)
mitigate the risk to property and people from wildfire hazards
6.1.2
For all landscape screening, landscaped buffers or other landscaped areas required by
this Bylaw, the following landscape requirements shall apply:
a)
Existing landscaped areas of healthy woody plants (trees and shrubs) shall be preserved
and protected during construction unless demonstrated to the satisfaction of the City that
removal is required to accommodate a use, building or structure on the lot or if the plants
pose a safety hazard. Existing landscaping or natural vegetation that is to be retained must
be protected to the furthest extent of the drip line and the final grading of the site should
not alter the natural grade within the root zone more than 20 cm, unless an arborist report
indicates otherwise and is approved by the City;
b)
New landscape plantings shall consist of native xeric or water conserving herbaceous
and/or woody plant species proven to be enduring in the Rossland area and shall exclude
invasive species;
c)
Appropriate means of irrigation, with an emphasis on high-efficiency water reducing
systems, shall be provided by the owner of the parcel with particular attention paid to
adequate watering during the establishment period to ensure survival of the newly planted
areas;
d)
Plant selection must comply with the following criteria:
1)
FireSmart BC guidelines to avoid use of wildfire hazardous coniferous vegetation;
2)
WildSafeBC guidelines to avoid plant species that are wildlife attractants;
3)
Weed Control Act to identify, prevent, manage, and reduce harm caused by non-
native species whose introduction is likely to cause negative impacts to the
environment, economy, or human health.
e)
No new or additional coniferous evergreen trees/plants, such as junipers and cedars, are
to be planted such that coniferous tree branches remain further than 3 metres of a
Dwelling Unit, principal or accessory building as well as other structures such as decks.
f)
The minimum number of trees required by Section 6.1.4 is inclusive of any existing trees
on the lot that are to be retained, provided they comply with above criteria
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
SCREENING AND LANDSCAPING
Section 7 | Page 66
6.1.3
Where landscaping is required according to Section 6.1.4, all applications for
development shall include a landscape plan that illustrates the following:
a)
The location or proposed footprint of all buildings and structures on the lot.
b)
Location of any vegetation to be retained.
c)
Soft landscaping details including proposed plant species, size, number, and location.
d)
Method of irrigation.
e)
Hard landscaping details and location of all hard surfaced areas such as driveways,
parking areas, sidewalks, site lighting, and fencing.
f)
All landscaping shall meet or exceed the BC Nursery Trades Association Standards and
be regularly maintained, including replacement of all specimens that do not survive
transplantation.
6.1.4
Minimum Landscaping and Screening Requirements Use Landscaping and Screening
Requirements:
a)
Single Detached Dwelling/Duplex: 1 tree per Dwelling Unit.
b)
Multi-Unit Dwellings, mixed-use buildings, and all commercial uses: 1 tree per 10.0
square metres of landscape area (i.e., portions of a property that are maintained with
vegetation and/or aesthetic elements).
1)
All portions of the lot (excluding natural areas) not covered by Buildings, structures,
or paved areas shall be landscaped with either hard landscaping or soft
landscaping.
2)
Notwithstanding above for a phased development, all portions of the area of each
phase (excluding natural areas) not covered by buildings, structures, or paved areas
shall be landscaped with either hard landscaping or soft landscaping
3)
Communal surface parking areas with ten (10) or more spaces abutting a street shall
be screened with a 1.5 m wide landscape buffer.
4)
Lots abutting a Residential (R) Zoned lot shall provide a 2.0 m screen in the form of
a fence, wall, hedge, or landscaped area along the lot line abutting the Residential
(R) Zoned lot.
5)
All outdoor storage shall be screened by a solid 2.0 m landscape buffer, fence or
wall, which shall be uniformly painted
6)
All solid waste receptacles shall be screened from view and constructed using
wildlife proof materials.
c)
All industrial uses: 1 tree per 10.0 square metres of landscape area.
1)
A minimum of 10% of the lot area (excluding natural areas) shall be landscaped.
2)
Surface parking areas abutting a street shall be screened with a 1.5 m wide
landscape buffer.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
SCREENING AND LANDSCAPING
Section 7 | Page 67
3)
Lots abutting a Residential (R) Zoned lot shall provide a 3.0 m screen in the form of
a fence, wall, hedge, or landscaped area along the lot line abutting the Residential
(R) Zoned lot.
4)
All outdoor storage shall be screened by a solid 2.5 m landscape buffer, fence or
wall, which shall be uniformly painted
5)
All solid waste receptacles shall be screened from view and constructed using
wildlife proof materials.
6)
All public use and institutional uses,
7)
All solid waste receptacles shall be screened from view and constructed using
wildlife proof materials.
6.2
Fencing and Retaining Walls
6.2.1
As illustrated in Figure 6-3, on a Parcel abutting a Highway intersection:
a)
No Structures, Fences, Retaining Walls, screens or landscaping exceeding 1 meter in
Height above the established grade as measured at the centre of the intersection shall be
permitted within 5.0 m of an exterior Parcel corner, as defined by the intersection of an
Exterior Side Parcel Line and a Front Parcel Line;
b)
All screening or landscaping, including trees and other vegetation, must be trimmed so
that there is no visual obstruction between 1 m and 3 m above the established grade as
measured at the centre of the intersection;
Figure 6-1: Vision Clearance at Intersections (Sight Triangles)
6.2.2
In any Residential, Commercial, Public, Institutional, Park and Open Space or CD Zone,
as illustrated in Figure 6-4, a Fence:
a)
must not exceed a Height of 1.3 m when sited to the front of the front face of a Building;
b)
must not exceed a Height of 1.9 m when sited to the rear of the front face of a Building.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
SCREENING AND LANDSCAPING
Section 7 | Page 68
Figure 6-2: Fence Heights (in select zones)
6.2.3
In any industrial Zone, a Fence must not exceed a Height of 3.0 m.
6.2.4
Materials used in the construction of a Fence are limited to wood, masonry materials
(excluding poured concrete and interlocking concrete blocks), metal, pre-cast
manufactured perforated or decorative concrete blocks or panels, and any combination
thereof.
6.2.5
Barbed wire, razor wire and similar materials are prohibited in all Zones on Fences,
Buildings or otherwise, except in industrial Zones where the wire is located on a Fence
above a Height of 1.9 m.
6.2.6
Retaining Walls on all Parcels, except those required as a condition of Subdivision
approval, must not exceed a Height of 1.2 m measured from the base of the wall, and must
be constructed so that multiple Retaining Walls are spaced to provide at least a 1.2 m
horizontal separation between them up to a maximum of 2 Retaining Walls.
6.2.7
Notwithstanding Section 6.2.6, and where a topographic survey and elevations of the
subject lot and Structures, showing adjacent affected lots, are prepared in advance, the
Building Official may permit a higher Retaining Wall, up to a maximum of 2.4 m or may
permit multiple (more than 2) Retaining Walls. provided that:
a)
the adjacent properties are not adversely affected in regard to overshadowing, sightlines
or safety; and
b)
the appearance of the subject Retaining Wall is generally compatible with the traditional
streetscape; (e.g., masonry systems, natural finishes, staining, vegetative/Landscape
Screening).
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
SCREENING AND LANDSCAPING
Section 7 | Page 69
6.2.8
Interlocking concrete blocks (lock blocks) used in the construction of a Retaining Wall are
not permitted in Residential Zones.
6.2.9
Subject to Section 6.2.1, the combined Height of a Fence on top of a Retaining Wall at the
property line or within 1.2 m of the property line shall not exceed 1.9 m.
6.2.10
Subject to Section 6.2.1, on a Parcel located within Multiple Unit residential, commercial,
industrial, public, Institutional, Park and Open Space or CD Zone, a Landscape Screen
having a Height of not less than 2.0 m shall be provided to screen from view all Outdoor
Storage areas, including refuse, waste and recycling container storage areas.
6.2.11
Subject to Section 6.2.1, on a Parcel located within a commercial, industrial or public,
Institutional, Park and Open Space Zone, a Landscape Screen having a Height of not less
than 2.0 m and a Landscape Buffer of not less than 1.5 m wide shall be provided along all
Parcel boundaries abutting a residential Zone.
Zoning Bylaw No. 2864
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ESTABLISHMENT OF ZONES
Section 7 | Page 70
SECTION 7:
ESTABLISHMENT OF ZONES
7.1
Establishment of Zones
7.1.1
The area within the boundaries of the City of Rossland shall be divided into Zones
identified in Table 7-1.
7.1.2
The correct name of each Zone provided for this Bylaw is set out in Table 7-1 and the
inclusion of the description contained in Table 7-1 is for convenience only.
Table 7-1: Zone Names and Descriptions
NAME
DESCRIPTION
NAME
DESCRIPTION
RR
Rural Residential
P-1
Public and Institutional
R-DT
Downtown Residential
P-2
Parks and Open Space
R-1
Low Density Residential
P-3
Resort Recreation
R-2
Medium Density Residential
P-4
Resource Management Area
R-3
Resort Mixed Density Residential
P-5
Resource Management Area Residential
R-1BB
Single Detached Bed & Breakfast
CD-1
Comprehensive Development Zone 1
R-1GH
Guest Home
CD-2
Comprehensive Development Zone 2
R-1GS
Guest Suite
CD-3
Comprehensive Development Zone 3
R-MH
Residential Mobile Home Park
CD-4
Comprehensive Development Zone 4
C-1
Commercial Downtown Core
CD-5
Comprehensive Development Zone 5
C-2
Commercial Service
CD-6
Cook Ave-Mixed Residential
C-3
Commercial Resort
Accommodation/ Commercial
CD-7
Evergreen Multi Unit Residential
C-4
Commercial Transition
CD-8
Midtown Mixed Use
M-1
Light Industrial
CD-9
Commercial Tourist Cabins
7.2
Location of Zones
7.2.1
The location of each Zone is established on the Interactive City Map.
7.3
Zone Boundaries
7.3.1
Where a Zone boundary is shown on the Interactive City Map, as following a Highway or
rail right-of-way or Watercourse, the centre line of the right-of-way or Watercourse shall
be the Zone boundary.
7.3.2
Where the Zone boundary does not follow a legally defined line, and where the distances
are not specifically indicated, the location of the Zoning boundary shall be determined by
scaling from the Interactive City Map.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 71
SECTION 8:
RESIDENTIAL
8.1
RR: RURAL RESIDENTIAL
1.
INTENT
The intent of this Zone is to allow for Single Detached and Duplex Dwellings, Agricultural
Uses and other related uses, on large rural Parcels. Emphasis is placed on the
preservation of the existing natural setting.
2.
PERMITTED USES
The following uses and no others shall be permitted in the RR Zone:
a)
Single Detached Dwelling
b)
Duplex Dwelling
c)
Secondary Suite
d)
Accessory Dwelling Unit
e)
Agricultural Use
f)
Agriculture Stand
g)
Kennel
h)
Residential Short-Term Rental
i)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
A Secondary Suite or an Accessory Dwelling Unit shall be permitted subject to the provisions of
Section 4.1.3;
b)
Off Street Parking and Loading requirements are subject to the provisions of Section 5;
4.
PARCEL SIZE
On a Parcel located in an area Zoned RR, no plan of Subdivision shall be approved which contravenes the
regulations set out below:
Min Parcel Area
2 ha
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 72
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
6.
PARCEL COVERAGE
For Single Detached Dwellings and Duplex uses:
Max Building Parcel Coverage
Max Building Parcel Coverage
(dwellings only)
15%
350 m2
7.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
Notwithstanding Section 4.1.9, the maximum Height for Accessory Buildings is 8.0 m or 2.5
Storeys, whichever is less.
8.
DENSITY
a)
Maximum number of Dwelling Units per Parcel: two (2), inclusive of all Principal Buildings and
Accessory Dwelling Units or Secondary Suites.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 73
8.2
R-DT: DOWNTOWN RESIDENTIAL
1.
INTENT
The intent of this Zone is to allow the development or infill of Multiple UnitDwelling or
apartment developments with five (5) or more Dwelling Units, while meeting the form and
character of downtown Rossland.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-DT Zone:
a)
Multiple Unit Dwellings
b)
Accessory Buildings and Uses
c)
Seniors Housing
d)
Affordable Housing
3.
CONDITIONS OF USE
a)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
Min Parcel Area
Min Parcel Frontage
Max Parcel Frontage
270 m2
9.0 m
18.0 m
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
a) No front Setback is required, with the maximum front Setback of 1 m.
b) No rear Setback is required except where the Parcel abuts a detached or multi-unit residential
Building, in which case 3.0 m from the Rear Parcel Line.
c) No side Setback is required except where the Parcel abuts a detached residential use, in which
case 1.2 m from the Interior Side Parcel Line.
d) 0.8 from the Exterior Side Parcel Line.
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
90%
90%
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 74
7.
HEIGHT
a)
The maximum Height is 15.0 m or 4.5 Storeys, whichever is less for Principal Buildings.
b)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
8.
DENSITY
a)
For Multiple Unit Dwellings the Floor Area Ratio shall not exceed a factor of 2.0.
a)
Affordable Housing Density Bonus:
Where a development provides a minimum of 20% Affordable Housing units, the following density
bonus may be applied:
i)
The maximum permitted Floor Area Ratio may be increased by up to 50%, allowing a total
FAR of up to 3.0.
ii) To qualify, the applicant must demonstrate that at least 20% of the total Dwelling Units meet
the municipality's definition and eligibility criteria for Affordable Housing.
iii) All Affordable Housing units must be secured through a housing agreement registered on title
under the applicable legislative authority, ensuring long-term affordability and compliance
with municipal policies.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 75
8.3
R-1: LOW DENSITY RESIDENTIAL
1.
INTENT
The intent of this Zone is to allow for a variety of ground-oriented housing forms ranging from one (1) to
four (4) Dwelling Units and for compatible Accessory Uses.
Emphasis is placed on encouraging the neighbourly development of a variety of housing forms that
preserve the surrounding residential character, streetscape, landscaped and permeable surfaces.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-1 Zone:
a)
Single Detached Dwelling
b)
Duplex Dwelling
c)
Small-Scale Multi-Unit Housing
d)
Multiple Conversion Dwelling
e)
Secondary Suite
f)
Accessory Dwelling Unit
g)
Residential Short-Term Rental
h)
Accessory Buildings and Uses
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 76
3.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3.
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3.
c)
A Small-Scale Multi-Unit Housing development shall be permitted subject to the provisions of
Section 4.1.4.
d)
A Multiple Conversion Dwelling shall comply with all relevant requirements of the British Columbia
Building Code and may be permitted subject to:
i)
An approval of a Building permit;
ii) No additions (except for egress only) shall be permitted;
iii) The number of Dwelling Units is limited to four (4); and
e)
A Residential Short-Term Rental shall be permitted subject to the provisions of Section 4.1.6.
f)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
Min Parcel
Area
Max Parcel
Area
Min Parcel
Frontage
For Party-Wall Subdivisions:
180 m2
2,400 m2
6.0 m
For all other Subdivisions:
275 m2
2,400 m2
9.0 m
5.
SETBACKS
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
The minimum Setback from the Interior Side Parcel Line for a Parcel with an area less than 550 m2 may be
reduced to 1.2 m under the following conditions:
a)
The roof of the Building is designed to retain all snow on the roof; and
b)
All rainwater and snow melt is managed through on-site run-off detention best management
practices and not discharged directly to storm drains or adjacent Parcels.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 77
6.
PARCEL COVERAGE
Max Building Parcel
Coverage
Max Surface Parcel
Coverage
For a Parcel containing one (1) Dwelling Unit
with a Parcel Area less than 550 m2:
40%
50%
For a Parcel containing one (1) Dwelling Unit
with a Parcel Area equal to or greater than 550
m2:
35%
40%
For a Parcel containing two (2) Dwelling Units:
40%
50%
For a Parcel containing three (3) to four (4)
Dwelling Units:
50%
60%
7.
HEIGHT
a)
The maximum Height for a Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys,
whichever is less.
b)
The maximum Height for a Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever
is less.
c)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
8.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing one (1) Dwelling Unit with a Parcel
Area less than 550 m2 is:
0.6
The maximum Floor Area Ratio for a Parcel containing one (1) Dwelling Unit with a Parcel
Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing two (2) Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing three (3) to four (4) Dwelling Units:
1.0
a)
Maximum number of Principal Buildings: one (1) Single Detached Dwelling, or one (1) Duplex
Dwelling or one (1) Small-Scale Multi-Unit Housing development.
b)
For Parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units are permitted
per Parcel.
c)
For Parcels greater than 280 m2 in size, a maximum of four (4) Dwelling Units are permitted per
Parcel.
d)
The maximum number of Equivalent Units permitted in the R-1 Zone is 70, allocated only to the areas
identified in Figure 8-1. Parcels located outside areas shown remain subject to regulations (a) to (c).
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 78
Figure 8-1: R-1 Zone Equivalent Units
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 79
8.4
R-2: MEDIUM DENSITY RESIDENTIAL
1.
INTENT
The intent of this Zone is to allow the development or infill of Multiple UnitDwelling or
apartment developments with five (5) or more Dwelling Units.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-2 Zone:
a)
Multiple Unit Dwellings
b)
Accessory Buildings and Uses
c)
Seniors Housing
d)
Affordable Housing
3.
CONDITIONS OF USE
a)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
Min Parcel Area
Min Parcel Frontage
750 m2
18 m
5.
SETBACKS
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
60%
65%
7.
HEIGHT
a)
The maximum Height is 13.0 m or 4 Storeys, whichever is less for a Multiple Unit Dwelling.
b)
The maximum Height for Accessory Buildings is 4.5 m.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 80
8.
DENSITY
c)
For Multiple Unit Dwellings the Floor Area Ratio shall not exceed a factor of 1.0
d)
Affordable Housing Density Bonus:
e)
Where a development provides a minimum of 20% Affordable Housing units, the following density
bonus may be applied:
i)
The maximum permitted Floor Area Ratio may be increased by up to 50%, allowing a total
FAR of up to 1.5.
ii) To qualify, the applicant must demonstrate that at least 20% of the total Dwelling Units meet
the municipality's definition and eligibility criteria for Affordable Housing.
iii) All Affordable Housing units must be secured through a housing agreement registered on title
under the applicable legislative authority, ensuring long-term affordability and compliance
with municipal policies.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 81
8.5
R-3: RESORT MIXED DENSITY RESIDENTIAL
1.
INTENT
The intent of this Zone is to allow mixed housing types within a common neighbourhood
featuring short term tourist accommodation.
2.
PERMITTED USES
The following uses only shall be permitted in the R-3 Zone:
a)
Recreation Facilities
b)
Single Detached Dwelling
c)
Duplex Dwelling
d)
Small-Scale Multi-Unit Housing
e)
Multiple Unit Dwelling
f)
Seniors Housing
g)
Commercial Short-Term Rental
h)
Accessory Dwelling Unit
i)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3.
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3.
c)
A Small-Scale Multi-Unit Housing development shall be permitted subject to the provisions of
Section 4.1.4;
d)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7.
e)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
Min Parcel Area
Max Parcel Area
For Party-Wall Subdivisions:
180 m2
2,400 m2
For all other Subdivisions:
275 m2
2,400 m2
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 82
For Parcels containing 4 or more Dwelling Units, no maximum Parcel Area shall apply, provided the
Parcels are created by Subdivision and secured by a restrictive covenant registered on title, to the
satisfaction of the Approving Officer
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
The minimum Setbacks from Parcel lines for Multiple Unit Dwellings are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
6.
PARCEL COVERAGE
Max Building Parcel
Coverage
Max Surface Parcel
Coverage
For a Parcel containing one (1) Dwelling Unit with a Parcel
Area less than 550 m2:
40%
50%
For a Parcel containing one (1) Dwelling Unit with a Parcel
Area equal to or greater than 550 m2:
35%
40%
For a Parcel containing two (2) Dwelling Units:
40%
50%
For a Parcel containing three (3) to four (4) Dwelling Units:
50%
60%
For a Parcel containing more than five (5+) Dwelling Units:
60%
65%
7.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height for Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever is less.
c)
The maximum Height is 13.0 m or 4 Storeys, whichever is less for a Multiple Unit Dwelling.
d)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 83
8.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing one (1) Dwelling Unit with a Parcel
Area less than 550 m2 is:
0.6
The maximum Floor Area Ratio for a Parcel containing one (1) Dwelling Unit with a Parcel
Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing two (2) Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing four (4) or more Dwelling Units is:
1.0
a)
Equivalent Units permitted in the R-3 Zone are separated into specific areas as shown on Figure 8-
2 below, the map entitled "R-3 Zone Equivalent Units".
b)
Affordable Housing density bonus:
Where a development provides a minimum of 20% Affordable Housing units, the following density
bonus may be applied:
i)
The maximum permitted Floor Area Ratio may be increased by up to 50%, allowing a total
FAR of up to 1.5.
ii) To qualify, the applicant must demonstrate that at least 20% of the total Dwelling Units meet
the municipality's definition and eligibility criteria for Affordable Housing.
iii) All Affordable Housing units must be secured through a housing agreement registered on title
under the applicable legislative authority, ensuring long-term affordability and compliance
with municipal policies.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 84
Figure 8-2: R-3 Zone Equivalent Units
R-3 Zone Equivalent Units
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 85
8.6
R-BB: SINGLE DETACHED BED & BREAKFAST
1.
INTENT
The intent of this Zone is for a Bed and Breakfast operation in a residential neighbourhood.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-1BB Zone:
a)
Single Detached Dwelling
b)
Bed and Breakfast
c)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
A Bed and Breakfast shall be permitted subject to compliance with the provisions of Section 4.1.8.
b)
Off Street Parking and Loading requirements are subject to the provisions of Section 5;
4.
PARCEL SIZE
On a Parcel located in an area Zoned R-BB, no plan of Subdivision shall be approved which contravenes
the regulations set out below:
Min Parcel Area
Max Parcel Area
Min Parcel Frontage
550 m2
1,250 m2
18 m
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
35%
40%
Zoning Bylaw No. 2864
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Section 8 | Page 86
7.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for other Accessory Buildings.
8.
DENSITY
a)
For Single Detached Dwellings, the Floor Area Ratio shall not exceed a factor of 0.5.
Zoning Bylaw No. 2864
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Section 8 | Page 87
8.7
R-GH: GUEST HOME
1.
INTENT
The intent of this Zone is to allow for Commercial Short-Term Rental use in a residential
area for properties that have been previously approved.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-GH Zone:
a)
Single Detached Dwelling
b)
Commercial Short-Term Rental
c)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
A Commercial Short-Term Rental lawfully established prior to the adoption of this bylaw may
continue to be permitted subject to the provisions of Section 4.1.7;
b)
Off Street Parking and Loading requirements are subject to the provisions of Section 5;
4.
PARCEL SIZE
On a Parcel located in an area Zoned R-GH, no plan of Subdivision shall be approved which contravenes
the regulations set out below:
Min Parcel Area
Max Parcel Area
Min Parcel Frontage
550 m2
1,250 m2
18 m
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 88
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
35%
40%
7.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for all other Accessory Buildings.
Zoning Bylaw No. 2864
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Section 8 | Page 89
8.8
R-GS: GUEST SUITE
1.
INTENT
The intent of this Zone is to allow for a Commercial Short-Term Rental of a Secondary Suite
or an Accessory Dwelling Unit in a residential area for properties that have been previously
approved.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-GS Zone:
a)
Single Detached Dwelling
b)
Secondary Suite
c)
Accessory Dwelling Unit
d)
Commercial Short-Term Rental
e)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3.
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3.
c)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7.
d)
Notwithstanding Section 4.1.7, Commercial Short-Term Rental use is only permitted in a Secondary
Suite or an Accessory Dwelling Unit. The principal resident must be present anytime the
Commercial Short-Term Rental use is occurring.
e)
Off Street Parking and Loading requirements are subject to the provisions of Section 5;
4.
PARCEL SIZE
On a Parcel located in an area Zoned R-GS, no plan of Subdivision shall be approved which contravenes
the regulations set out below:
Min Parcel Area
Max Parcel Area
Min Parcel Frontage
550 m2
1,250 m2
18 m
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 90
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
35%
40%
7.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for all other Accessory Buildings.
Zoning Bylaw No. 2864
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RESIDENTIAL ZONES
Section 8 | Page 91
8.9
R-MH: RESIDENTIAL MOBILE HOME PARK
1.
INTENT
The intent of this Zone is to allow the development of Mobile Homes in the Mobile Home
Park.
2.
PERMITTED USES
The following uses and no others shall be permitted in the R-MH Zone:
a)
Mobile Home Park
b)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
On a Parcel located in an area Zoned R-MH, no plan of Subdivision shall be approved which contravenes
the regulations set out below:
Min Parcel Area
Min Parcel Frontage
2 ha
10 m
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
a)
8.0 m of any Parcel line abutting a Highway
b)
4.0 m of all other Parcel lines
c)
3.0 m of any Mobile Home Park Space lot line abutting an internal road right-of-way or common
parking area
d)
2.0 m of all other Mobile Home Park Space lot lines
6.
HEIGHT
a)
The maximum Building Height is 4.0 m or 1 Storey, whichever is less.
Zoning Bylaw No. 2864
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COMMERCIAL ZONES
Section 9 | Page 92
SECTION 9:
COMMERCIAL
9.1
C-1: COMMERCIAL DOWNTOWN CORE
1.
INTENT
The intent of this Zone is to allow for Commercial Uses to provide personal goods, services
and entertainment, along with residential uses, within the Downtown Core Area.
Emphasis is placed on developments being compatible with the historical character of
the area and the provisions of a pedestrian-friendly streetscape.
2.
PERMITTED USES
The following uses and no others shall be permitted in the C-1 Zone:
a)
Downtown Commercial Use
b)
Entertainment Commercial Use
c)
Neighbourhood Oriented Commercial Use
d)
Multiple Unit Dwelling(s) in conjunction with a Principal Commercial Use
e)
Commercial Short-Term Rental
f)
Hotel
g)
Hostel
h)
Farmer's Market
i)
Cannabis Retail Store
j)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
Multiple Unit Dwelling(s) use shall be permitted in conjunction with a Commercial Use in an area
Zoned C-1, provided that the residential Dwelling(s):
i)
is contained in the same Building as the Commercial Use;
ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto
a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey.
b)
A Commercial Short-Term Rental use shall be permitted, subject to subject to Section 4.1.7 and:
i)
A Commercial Short-Term Rental use shall be contained within a Multiple Unit Dwelling.
c)
A Farmer's Market shall be permitted subject to the provisions of Section 4.1.10;
d)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
Zoning Bylaw No. 2864
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COMMERCIAL ZONES
Section 9 | Page 93
4.
PARCEL SIZE
On a Parcel located in a C1 Zone, no plan of Subdivision shall be approved which contravenes the
regulations set out below:
Min Parcel Area
Min Parcel Frontage
Max Parcel Frontage
270 m2
9.0 m
18 m
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
a)
No front Setback is required, with the maximum front Setback of 1 m.
b)
No rear Setback is required except where the Parcel abuts a detached or multiple-unit residential
Building, in which case 3.0 m from the Rear Parcel Line.
c)
No side Setback is required except where the Parcel abuts a detached residential use, in which case
1.2 m from the Interior Side Parcel Line.
d)
0.8 from the Exterior Side Parcel Line.
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
90%
90%
7.
HEIGHT
a)
The maximum Height is 15.0 m or 4.5 Storeys, whichever is less for Principal Buildings.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
Zoning Bylaw No. 2864
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COMMERCIAL ZONES
Section 9 | Page 94
8.
OTHER REGULATIONS
a)
A Small-Scale Food And Beverage Processing Establishment in a C-1 Zone shall have an associated
retail use occupying a minimum floor area of 30% of the total floor area.
b)
The retail use associated with the Small-Scale Food And Beverage Processing Establishment shall
be located in the portion of the Building closest to the Front Parcel Line.
c)
The floor area occupied by a retail use associated with a Small-Scale Food And Beverage Processing
Establishment shall be located in one contiguous area.
d)
Clubs or Lodges shall only be permitted above the First Storey of a Building.
e)
Outdoor Storage areas shall not be permitted in the front Setback.
f)
Outdoor Storage areas shall be surfaced with either pervious pavers placed over a reservoir base
course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used
where surface contaminants may be concentrated and enter the groundwater.
g)
Off-Street Parking shall be located either underground or behind the Principal Building and shall not
be accessed from the front of the Parcel where a Lane is present.
h)
All development in this Zone is subject to the goals and standards of the applicable Development
Permit Area as set forth in the Downtown Rossland Design Guidelines.
Zoning Bylaw No. 2864
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COMMERCIAL ZONES
Section 9 | Page 95
9.2
C-2: COMMERCIAL SERVICE
1.
INTENT
The intent of this Zone is to allow Commercial Uses to provide a variety of non-household
and non-personal goods and services.
2.
PERMITTED USES
The following uses and no others shall be permitted in the C-2 Zone:
a)
Service Commercial Use
b)
Entertainment Commercial Use
c)
Recreation Facilities
d)
Neighbourhood Oriented Commercial Use
e)
Hotel
f)
Motel
g)
Hostel
h)
Self Storage
i)
Multiple Unit Dwelling(s) in conjunction with a Principal Commercial Use
j)
Secondary Suite in conjunction with a Principal Commercial Use
k)
Accessory Dwelling Unit in conjunction with a Principal Commercial Use
l)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
A Multiple Unit Dwelling(s) use shall be permitted in conjunction with a Commercial Use in an area
Zoned C-2, provided that the residential Dwelling(s):
i)
is contained in the same Building as the Commercial Use;
ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto
a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey.
b)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
c)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
d)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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COMMERCIAL ZONES
Section 9 | Page 96
4.
PARCEL SIZE
On a Parcel located in an area zoned C-2, no plan of Subdivision shall be approved which contravenes the
regulations set out below:
a)
The minimum Parcel Area is 500 m2.
b)
For an automobile service station use, the minimum Parcel Area shall be 1,100 m2.
The minimum Parcel Frontage is 15.0 m.
Min Parcel Area
Max Parcel Area
Min Parcel Frontage
500 m2
5,000m2
15.0 m
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Side
5.0 m
3.0 m
a)
No rear Setback is required except where the Parcel abuts an R Zone, in which case 3.0 m from the
Rear Parcel Line.
6.
HEIGHT
a)
The maximum Height is 12.0 m or 3.5 Storeys, whichever is less for Principal Buildings.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
7.
OTHER REGULATIONS
a)
Outdoor Storage areas shall not be permitted in the front Setback.
b)
Outdoor Storage areas shall be surfaced with either pervious pavers placed over a reservoir base
course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used
where surface contaminants may be concentrated and enter the groundwater.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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COMMERCIAL ZONES
Section 9 | Page 97
9.3
C-3: COMMERCIAL RESORT ACCOMMODATION /COMMERCIAL
1.
INTENT
The intent of this Zone is to allow for a mix of Multiple Unit Dwelling and Commercial Uses
adjacent to the resort areas.
2.
PERMITTED USES
The following uses and no others shall be permitted in the C-3 Zone:
a)
Hotel
b)
Hostel
c)
Recreational Facilities
d)
Personal Service Establishment
e)
Commercial Resort Use
f)
Commercial Short-Term Rental
g)
Multiple Unit Dwelling
h)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
On a Parcel located in an area Zoned C-3, no plan of Subdivision shall be approved which contravenes the
regulations set out below:
Min Parcel Area
Min Parcel Frontage
550 m2
18.0 m
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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COMMERCIAL ZONES
Section 9 | Page 98
6.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
65%
75%
7.
HEIGHT
a)
The maximum Height is 15 m or 4.5 Storeys, whichever is less for Principal Buildings
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
8.
OTHER REGULATIONS
a)
Outdoor Storage areas shall not be permitted in the front Setback.
b)
Outdoor Storage areas shall be surfaced with either pervious pavers placed over a reservoir base
course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used
where surface contaminants may be concentrated and enter the groundwater.
c)
Where illumination of Outdoor Storage and display areas is provided, lighting fixtures shall be
located, arranged and shielded so that no direct rays of light are oriented upwards or shine beyond
the boundaries of the Parcel.
9.
DENSITY
a)
Equivalent Units permitted in the C-3 Zone are separated into specific areas as shown on Figure 9-
1 below, the map entitled "C-3 Zone Equivalent Units".
Zoning Bylaw No. 2864
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COMMERCIAL ZONES
Section 9 | Page 99
Figure 9-1: C-3 Zone Equivalent Units
Zoning Bylaw No. 2864
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Section 9 | Page 100
9.4
C-4: COMMERCIAL TRANSITION
1.
INTENT
The intent of this Zone is to allow for Commercial Uses to provide limited Personal
Services and entertainment, within the Washington Street Mid-Town Area as a transition
to the lower Density surrounding Residential Zones.
2.
PERMITTED USES
The following uses and no others shall be permitted in the C-4 Zone:
a)
Transition Commercial Use
b)
Entertainment Commercial Use
c)
Multiple Unit Dwelling(s) in conjunction with a primary Commercial Use
d)
Secondary Suites and Accessory Dwelling Units
e)
Commercial Short-Term Rental
f)
Accessory Buildings and Uses
3.
CONDITIONS OF USE
a)
Multiple Unit Dwelling(s) use shall be permitted in conjunction with a Commercial Use in an area
Zoned C-4, provided that the residential Dwelling(s):
i)
is contained in the same Building as the Commercial Use;
ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto
a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey.
b)
A Commercial Short-Term Rental use shall be permitted in conjunction with a Commercial Use and
Multiple Unit Dwelling use, subject to Section 4.1.7 and:
i)
A Commercial Short-Term Rental use shall be contained within a Multiple Unit Dwelling.
c)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
PARCEL SIZE
On a Parcel located in an area Zoned C-4, no plan of Subdivision shall be approved which contravenes the
regulations set out below:
Min Parcel Area
Min Parcel Frontage
Max Parcel Frontage
270 m2
9.0 m
18.0 m
Zoning Bylaw No. 2864
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COMMERCIAL ZONES
Section 9 | Page 101
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
a)
No front Setback is required, with the maximum front Setback of 1 m;
b)
No rear Setback is required except where the Parcel abuts a detached or multiple-unit residential
Zone, in which case 3.0 m from the Rear Parcel Line.
c)
No side Setback is required except where the Parcel abuts a detached residential Zone, in which
case 1.2 m from the Interior Side Parcel Line.
d)
1.8 from the Exterior Side Parcel Line.
6.
HEIGHT
a)
The maximum Height is 10.0 m or 3 Storeys, whichever is less for Principal Buildings.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
7.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
60%
70%
8.
OTHER REGULATIONS
a)
Clubs or Lodges shall only be permitted above the First Storey of a Building in a C-4 Zone.
b)
Outdoor Storage areas shall not be permitted in the front Setback.
c)
Outdoor Storage areas shall be surfaced with either pervious pavers placed over a reservoir base
course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used
where surface contaminants may be concentrated and enter the groundwater.
d)
Where illumination of Outdoor Storage and display areas is provided, lighting fixtures shall be
located, arranged and shielded so that no direct rays of light are oriented upwards or shine beyond
the boundaries of the Parcel.
e)
Off-Street Parking shall be located either underground or behind the Principal Building and shall not
be accessed from the front of the Parcel where a Lane is present.
f)
All development in this Zone is subject to the goals and standards of the Development Permit Area
in the Official Community Plan.
Zoning Bylaw No. 2864
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LIGHT INDUSTRIAL ZONES
Section 10 | Page 102
SECTION 10: LIGHT INDUSTRIAL
10.1
M-1: LIGHT INDUSTRIAL
1.
INTENT
The intent of this Zone is to provide an area for economic activities which demand larger
spaces and involve primary processing and storage.
2.
PERMITTED USES
The following uses and no others shall be permitted in the M-1 Zone:
a)
Automobile Wrecking Yard;
b)
Bulk Fuel Depot
c)
Cartage Operation;
d)
Food Processing Establishment
e)
Light equipment sales and rental establishment
f)
Light Manufacturing, processing and assembly
g)
Public Utility Use
h)
Self Storage
i)
Warehouse, shipping, wholesale and rental storage facilities
j)
Accessory Buildings and Uses
k)
Single Detached Dwelling
l)
Micro Processing, Cannabis
m) Standard Processing, Cannabis
n)
Commercial, Service Use
3.
PARCEL SIZE
On a Parcel located in an area Zoned M-1, no plan of Subdivision approved which contravenes the
regulations set out below:
Min Parcel Area
Min Parcel Frontage
950 m2
12.0 m
Notwithstanding the above regulations, the minimum Parcel size for residential only uses is 5 ha. For
mixed residential and light industrial uses, the minimum Parcel Area is 2 ha.
Zoning Bylaw No. 2864
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Section 10 | Page 103
4.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
3.5 m
3.5 m
5.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
60%
70%
6.
HEIGHT
a)
The maximum Height for Principal Buildings is 12 m or 3.5 Storeys, whichever is less
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
7.
OTHER REGULATIONS
a)
Outdoor Storage will be permitted in an area Zoned M-1 based on the regulations provided below
b)
Outdoor Storage areas shall not be permitted in the front Setback.
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 104
SECTION 11: PUBLIC, INSTITUTIONAL,
PARKS & OPEN SPACE
11.1
P-1: PUBLIC AND INSTITUTIONAL
1.
INTENT
The intent of this Zone is to allow for Institutional and public uses to provide civic and
community-oriented services and facilities. Emphasis is placed on developments that
enhance the community.
2.
PERMITTED USES
The following uses and no others shall be permitted in the P-1 Zone:
a)
Mausoleum and Crematory
b)
Church
c)
Civic Use
d)
Hospital
e)
Nursing Home, Intermediate Care Facility,
and Extended Care Facility
f)
Congregate Housing
g)
Police Station
h)
School
i)
Tourist Information Booth
j)
Farmer's Market
k)
Accessory Buildings and Uses
l)
Recreation Facilities
m) Trails
3.
PARCEL SIZE
On a Parcel located in an area Zoned P-1, no plan of Subdivision shall be approved which
contravenes the regulations set out below:
Min Parcel Area
Min Parcel Frontage
550 m2
18.0 m
4.
HEIGHT
a)
The maximum Height is 13.0 m for Principal Buildings
b)
The maximum Height is 4.5 m for Accessory Buildings
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 105
5.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
60%
70%
6.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
Zoning Bylaw No. 2864
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 106
11.2
P-2: PARKS AND OPEN SPACE
1.
INTENT
It is the intent of this Zone to allow Parks, Trails, Open Space and Natural Open Space to
provide areas for passive and active recreational purposes, as well as for the protection of
Open Space corridors and ecologically sensitive areas. These areas are not intended for
development beyond facilities required to support recreation activities.
2.
PERMITTED USES
The following uses and no others shall be permitted in the P-2 Zone:
a)
Parks
b)
Trails
c)
Playgrounds
d)
Natural Open Space
e)
Recreation Facilities
3.
PARCEL SIZE
On a Parcel located in an area Zoned P-2, no plan of Subdivision shall be approved which contravenes the
regulations set out below:
a)
No minimum Parcel Area is required.
b)
No minimum Parcel Frontage is required.
4.
HEIGHT
a)
The maximum Height is 10.0 m or 3 Storeys, whichever is less for Principal Buildings
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Building.
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
Interior Side
6.0 m
3.0 m
3.0 m
a)
Where the abutting Parcel is in a detached residential Zone, a setback of not less than 5 meters from
the side Parcel line shall be required.
Zoning Bylaw No. 2864
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 107
11.3
P-3: RESORT RECREATION
1.
INTENT
The intent of this Zone is to provide areas to support resort recreational uses.
Development should be limited to facilities required to support the use and maintenance
of the recreation areas.
2.
PERMITTED USES
The following uses and no others shall be permitted in the P-3 Zone:
a)
Campground;
b)
Golf Course;
c)
Leisure Facilities;
d)
Ski Facilities
e)
Recreation Facilities;
f)
Parks
g)
Trails
h)
Playgrounds
i)
Natural Open Space
3.
PARCEL SIZE
On a Parcel located in an area Zoned P-3, no plan of Subdivision approved which contravenes the
regulations set out below:
Min Parcel Area
Min Parcel Frontage
650 m2
15.0 m
4.
HEIGHT
a)
The maximum Height is 15.0 m or 4.5 Storeys, whichever is less for Principal Buildings
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
6.0 m
3.0 m
a)
3.0 m from an Interior Parcel Line, provided that where the abutting Parcel is in a detached
residential Zone, a Setback of not less than 5 meters from the side Parcel line shall be required.
Zoning Bylaw No. 2864
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 108
11.4
P-4: RESOURCE MANAGEMENT AREA
1.
INTENT
The intent of this Zone is to ensure that the undeveloped resource management,
ecologically sensitive, riparian and habitat areas within the City boundaries are protected
and preserved.
2.
PERMITTED USES
The following uses and no others shall be permitted in the P-4 Zone:
a)
Parks
b)
Trails
c)
Natural Open Space
d)
Forestry, logging and other forest management activities including but not limited to silviculture, log
sorting and storage, slash and prescribed burning, but no manufacturing except portable wood
processing.
e)
Extracting of raw materials from the land, including the preliminary grading, temporary storage,
sorting or crushing of materials provided that no further processing is permitted on the site, except
where the product is regulated by the BC Mines Act.
3.
PARCEL SIZE
On a Parcel located in an area Zoned P-4, no plan of Subdivision approved which contravenes the
regulations set out below:
Min Parcel Area
20ha
4.
REGULATIONS
No specific regulations apply to Parcels located in areas Zoned P-4 with respect to Parcel Frontage,
Maximum Height, or Setback.
Zoning Bylaw No. 2864
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 109
11.5
P-5: RESOURCE MANAGEMENT AREA - RESIDENTIAL
1.
INTENT
The intent of this Zone is to permit Single Detached Dwellings to appear within areas
primarily suited for resource management but accessible to Red Mountain skiing terrain.
2.
PERMITTED USES
The following uses and no others shall be permitted in the P-5 Zone:
a)
Parks
b)
Trails
c)
Natural Open Space
d)
Forestry, logging and forest management
activities including but not limited to
silviculture, log sorting and storage, slash
and prescribed burning; no manufacturing
except portable wood processing.
e)
Extracting of raw materials from the land,
including the preliminary grading, temporary
storage, sorting or crushing of materials
provided no further processing is permitted
on the site, except where the product is
regulated by the BC Mines Act.
f)
Single Detached Dwelling
g)
Accessory Buildings and Uses
3.
PARCEL SIZE
On a Parcel located in an area Zone P-5, no plan of Subdivision approved which contravenes the
regulations set out below:
Min Parcel Area
20 ha
4.
COVERAGE
The maximum Building Parcel Coverage is 120 m2
Zoning Bylaw No. 2864
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PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ZONES
Section 11 | Page 110
5.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
2.0 m
3.0 m
6.
HEIGHT
a)
The maximum Height for Principal Buildings
is 10.0 m or 3 Storeys, whichever is less
b)
The maximum Height is 4.5 m or 1.5 Storeys,
whichever is less for all other Accessory
Buildings.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Light Industrial
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Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 111
SECTION 12:
COMPREHENSIVE DEVELOPMENT
12.1
CD-1: COMPREHENSIVE DEVELOPMENT ZONE 1
1.
INTENT
The purpose of this Zone is to provide for the development of a variety of land uses
integrated into a planned resort village. The Comprehensive Development One Zone is
divided into ten (10) separate Sub-Zones. Each Sub-Zones in the Comprehensive
Development 1 Zone has regulations pertaining to the Sub-Zones.
2.
SUB-ZONES
(1)
Low Density Residential - LDR-1
(2)
Multiple-Unit Residential - MUR-1
(3)
Alpine Village Core - AVC-1
(4)
Lower Alpine Village Core A - AVC-2
(5)
Lower Alpine Village Core B - AVC-3
(6)
Upper Alpine Village Core - AVC-4
(7)
Mountain Activity Area - MA-1
i)
Mountain Activity Area - MA-1 Jumbo
ii) Mountain Activity Area - MA-1 Paradise
(8)
Open Space - OS-1
(9)
Resort Parking - RP-1
(10)
Resort Light Industrial- RLI-1
3.
REGULATIONS
The general regulations shall be applicable to all Sub-Zones contained within this CD-1 Zone.
a)
Permitted Uses of land, Buildings and Structures in all Sub-Zones. Except as otherwise stated in this
Bylaw, the following uses are permitted in all Zones;
i)
Highways;
ii) Storage of materials required for an approved construction project on the same parcel or
adjoining parcel provided that the materials are removed within thirty days of completion of
the approved construction, and
iii) Trails and lifts.
b)
Total Equivalent Units permitted in the CD-1 Zone are separated into specific areas as shown on
Figure 12-1 the map entitled "CD-1 Zone Equivalent Units".
c)
Temporary parking may be permitted on parcels within the CD-1 -Zone without a Temporary Use
Permit, provided:
i)
The area has an approved Development Permit for residential or commercial development.
ii) No additional clearing or grading occurs outside the designated development permit area.
iii) The temporary parking use ceases upon expiration of the development permit or
commencement of construction on the Parcel.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
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Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 112
Figure 12-1: CD-1 Zone Equivalent Units
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 113
12.1.1. CD-1 LDR-1: Low Density Residential
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 LDR-1 Sub-Zone:
a)
Single Detached Dwelling;
b)
Duplex;
c)
Small-Scale Multi-Unit Housing;
d)
Commercial Short-Term Rental;
e)
Secondary Suites
f)
Accessory Dwelling Units; and
g)
Accessory Buildings, Structures and Uses
2.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
Small-Scale Multi-Unit Housing shall be permitted subject to the provisions of Section 4.1.4;
d)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7;
e)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
3.
PARCEL SIZE
On a Parcel located in an area Zoned CD-1 LDR-1, no plan of Subdivision shall be approved which
contravenes the regulations set out below.
Min Parcel Area
Max Parcel Area
For Party-Wall Subdivisions
180 m2
2,400 m2
For all other Subdivisions
275 m2
2,400 m2
4.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel
Coverage
For a Parcel containing 1 Dwelling Unit with a
Parcel Area less than 550 m2:
40%
50%
For a Parcel containing 1 Dwelling Unit with a
Parcel Area equal to or greater than 550 m2:
35%
40%
For a Parcel containing 2 Dwelling Units:
40%
50%
For a Parcel containing 3 to 4 Dwelling Units:
50%
60%
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 114
5.
SETBACKS
The minimum Setbacks from Parcel lines in the CD-1 LDR-1 Sub-Zone are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
6.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height for Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever is less.
c)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
7.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a
Parcel Area less than 550 m2 is:
0.6
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a
Parcel Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 2 Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing 3 to 4 Dwelling Units
is:
1.0
a)
The maximum number of Equivalent Units permitted on all Parcels within the CD-1 LDR-1 Sub-Zone
is 100 and must not exceed maximum Equivalent Units as shown on Figure 12-1.
b)
For Parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units are permitted
per Parcel.
c)
For Parcels greater than 280 m2 in size, a maximum of four (4) Dwelling Units are permitted per
Parcel.
d)
Density Bonus
i)
Density may increase up to 1.5 FAR where cluster development provides additional open
space or meets environmental objectives.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 115
12.1.2. CD-1 MUR-1: Multi-Unit Residential
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 MUR-1 Sub-Zone:
a)
Single Detached Dwelling;
b)
Duplex;
c)
Small-Scale Multi-Unit Housing;
d)
Multiple Unit Dwelling;
e)
Commercial Short-Term Rental;
f)
Secondary Suites
g)
Accessory Dwelling Units; and
h)
Accessory Buildings, Structures and Uses.
2.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
A Small-Scale Multi-Unit Housing development shall be permitted subject to the provisions of
Section 4.1.4.
d)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7;
e)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
3.
PARCEL SIZE
On a Parcel located in an area Zoned CD-1 - MUR-1, no plan of Subdivision shall be approved which
contravenes the regulations set out below
Min Parcel Area
Max Parcel Area
(for parcels containing 4 or
less Dwelling Units)
For Party-Wall Subdivisions
180 m2
2,400 m2
For all other Subdivisions
275 m2
2,400 m2
For Parcels containing 5 or more Dwelling Units, no maximum Parcel Area shall apply, provided the
parcels are created by Subdivision and secured by a restrictive covenant registered on title, to the
satisfaction of the Approving Officer.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 116
4.
COVERAGE
Max Building Parcel
Coverage
Max Surface
Parcel Coverage
For a Parcel containing 1 Dwelling Unit with a
Parcel Area less than 550 m2:
40%
50%
For a Parcel containing 1 Dwelling Unit with a
Parcel Area equal to or greater than 550 m2:
35%
40%
For a Parcel containing 2 Dwelling Units:
40%
50%
For a Parcel containing 3 to 4 Dwelling Units:
50%
60%
For a Parcel containing 5+ Dwelling Units:
60%
65%
5.
HEIGHT
a)
The maximum Height for a Single Detached Dwellings or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height for Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever is less.
c)
The maximum Height for Multiple Unit Dwellings with more than 5 units is 15.0 m or 4.5 Storeys
whichever is less.
d)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
6.
SETBACKS
The minimum Setbacks from Parcel lines in the CD-1 MUR-1 Sub-Zone are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
The minimum Setbacks from Parcel lines for Multiple Unit Dwellings are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 117
7.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel Area
less than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel Area
equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 2 Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing 3 to 4 Dwelling Units is:
1.0
The maximum Floor Area Ratio for a Parcel containing 5+ Dwelling Units is:
2.0
a)
Where topography makes possible, direct Multiple Unit Dwellings to land on the outer edge of the
Village Core (Sub Zones AVC-1, AVC-2, AVC-3, and AVC-4).
b)
The maximum number of Equivalent Units permitted on all Parcels within the MUR-1 Sub-Zone is
295 and must not exceed maximum Equivalent Units as shown on Figure 12-1.
c)
For parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units are
permitted per parcel.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Light Industrial
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Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 118
12.1.3. CD-1 AVC-1: Alpine Village Core
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 AVC-1 Sub-Zone:
a)
Multiple Unit Dwelling;
b)
Hostel;
c)
Hotel;
d)
Commercial Short-Term Rental;
e)
Resort Commercial Use;
f)
Eating and Drinking Establishments;
g)
Personal Service Establishment;
h)
Skier Services;
i)
Public Assembly;
j)
Recreation Facilities;
k)
Offices (<200 m2); and
l)
Accessory Uses, Buildings and Structures
2.
PARCEL SIZE
The minimum Parcel Area required in the CD-1 AVC-1 Sub-Zone is 1,200 m2.
3.
SETBACKS
No Setback is required in the CD-1 AVC-1 Sub-Zone, except where the Parcel abuts a lower Density
residential Zone, in which case a Setback of 3.0 m from the Parcel line is required.
4.
PARCEL COVERAGE
Max Surface Parcel Coverage
85%
5.
HEIGHT
a)
The maximum Height for Principal Buildings is 20.0 m or 6 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 119
6.
PARKING
a)
Parking within AVC-1 shall be on-site and underground or under Building to reflect the pedestrian
orientation of the Sub-Zone. Up to 10% of the required parking or 10 spaces, whichever is less,
may be provided as surface parking for short term, visitor, or Accessible Parking. For non-
residential uses, up to fifty percent (50%) of required Parking Spaces may be located on another
Parcel of privately owned land within 400 m of the subject Parcel, subject to the following
conditions:
i)
In no case shall any transfer under this regulation reduce or otherwise compromise the
availability of required on-site Parking Spaces for the Parcel to which the on-site parking
requirement has been transferred; and,
ii) The landowners of the Parcel being developed and the Parcel, to which the parking is being
transferred, shall enter into an agreement with the City under the Land Title Act, registered in
priority over any other charges, restricting the use of the necessary portion of the Parcel to
which the parking is being transferred, to "parking."
b)
On street parking is not permitted in this Sub-Zone.
7.
DENSITY
a)
The maximum number of Equivalent Units permitted on all Parcels within the AVC-1 Sub-Zone is
370 and must not exceed maximum Equivalent Units.
b)
Commercial Uses in the CD-1 Zone shall comply with the tier in which they are categorized,
including any associated floor area limitations and use-specific restrictions.
Tier 1 - Resort-Specific Services (Unlimited
Scale, Subject to Maximum Equivalent Units)
Tier 2 -Convenience Services
(Limited to 200m² per Commercial Unit)
-
Equipment rental/repair (ski, bike, outdoor
recreation)
-
Resort Commercial Use
-
Recreation instruction and guiding services
-
Neighbourhood Oriented Commercial Use
-
General merchandise retail
-
Entertainment Commercial Use
-
Outdoor recreation retail
-
Personal Services establishments
-
Offices
c)
The following uses are prohibited in the CD-1 AVC-1 Sub-Zone:
i)
General merchandise retail over 200m²
i)
Service Commercial Use
ii) Furniture, appliances, and major retail categories
iii) Financial Institutions
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 120
12.1.4. CD-1 AVC-2: Lower Alpine Village Core 'A'
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 AVC-2 Sub-Zone:
a)
Multiple Unit Dwelling;
b)
Recreation Facilities;
c)
Hostel
d)
Commercial Short-Term Rental; and
e)
Accessory Uses, Buildings and Structures.
2.
PARCEL SIZE
The minimum Parcel Area required in the CD-1 AVC-2 Sub-Zone is 1,200 m2.
3.
SETBACKS
No Setback is required in the CD-1 AVC-2 Sub-Zone, except where the Parcel abuts a lower Density
residential Zone, in which case a Setback of 3.0 m from the Parcel line is required.
4.
PARCEL COVERAGE
Max Surface Parcel Coverage
85%
5.
HEIGHT
a)
The maximum Height for Principal Buildings is 18.0 m or 6 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 121
6.
PARKING
a)
Parking within AVC-2 shall be on-site and underground or under Building to reflect the pedestrian
orientation of the Sub-Zone. Up to 10% of the required parking or 10 spaces, whichever is less, may
be provided as surface parking for short term, visitor, or Accessible Parking. For non-residential
uses, up to fifty percent (50%) of required Parking Spaces may be located on another Parcel of
privately owned land within 400 m of the subject Parcel, subject to the following conditions:
i)
In no case shall any transfer under this regulation reduce or otherwise compromise the
availability of required on-site Parking Spaces for the Parcel to which the on-site parking
requirement has been transferred; and,
ii) The landowners of the Parcel being developed and the Parcel, to which the parking is being
transferred, shall enter into an agreement with the City under the Land Title Act, registered in
priority over any other charges, restricting the use of the necessary portion of the Parcel to
which the parking is being transferred, to "parking."
b)
On street parking is not permitted in this Sub-Zone.
7.
DENSITY
a)
The maximum number of Equivalent Units permitted on all Parcels within the CD-1 AVC-2 Sub-Zone
is 71 and must not exceed maximum Equivalent Units.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 122
12.1.5. CD-1 AVC-3: Lower Alpine Village Core 'B'
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 AVC-3 Sub-Zone:
a)
Multiple Unit Dwelling;
b)
Resort Commercial Use;
c)
Eating and Drinking Establishments;
d)
Personal Service Establishment;
e)
Commercial Short-Term Rental;
f)
Public Assembly;
g)
Recreation Facilities;
h)
Offices; and
i)
Accessory Uses, Buildings and Structures.
2.
PARCEL SIZE
The minimum Parcel Area required in the CD-1 AVC-3 Sub-Zone is 1,200 m2.
3.
SETBACKS
No Setback is required in the CD-1 AVC-3 Sub-Zone, except where the Parcel abuts a lower Density
residential Zone, in which case a Setback of 3.0 m from the Parcel line is required.
4.
PARCEL COVERAGE
Max Surface Parcel Coverage
85%
5.
HEIGHT
a)
The maximum Height for Principal Buildings is 20.0 m or 6 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 123
6.
PARKING
a)
Parking within AVC-3 shall be on-site and underground or under Building to reflect the pedestrian
orientation of the Sub-Zone. Up to 10% of the required parking or 10 spaces, whichever is less, may
be provided as surface parking for short term, visitor, or Accessible Parking. For non-residential
uses, up to fifty percent (50%) of required Parking Spaces may be located on another Parcel of
privately owned land within 400 m of the subject Parcel, subject to the following conditions:
i)
In no case shall any transfer under this regulation reduce or otherwise compromise the
availability of required on-site Parking Spaces for the Parcel to which the on-site parking
requirement has been transferred; and,
ii) The landowners of the Parcel being developed and the Parcel, to which the parking is being
transferred, shall enter into an agreement with the City under the Land Title Act, registered in
priority over any other charges, restricting the use of the necessary portion of the Parcel to
which the parking is being transferred, to "parking."
b)
On street parking is not permitted in this Sub-Zone.
7.
DENSITY
a)
The maximum number of Equivalent Units permitted on all Parcels within the CD-1 AVC-3 Sub-Zone
is 45 and must not exceed maximum Equivalent Units.
Tier 1 - Resort-Specific Services (Unlimited
Scale, Subject to Maximum Equivalent Units)
Tier 2 - Convenience Services
(Limited to 200m² per Commercial Unit)
-
Equipment rental/repair (ski, bike, outdoor
recreation)
-
Resort Commercial Use
-
Recreation instruction and guiding services
-
Neighbourhood Oriented Commercial Use
-
Retail Stores
-
Entertainment Commercial Use
-
Personal Services establishments
-
Offices
b)
The following uses are prohibited in the CD-1 AVC-3 Sub-Zone:
i)
General merchandise retail over 200m²
ii) Service Commercial Use
iii) Furniture, appliances, and major retail categories
iv) Financial Institutions
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 124
12.1.6. CD-1 AVC-4 : Upper Alpine Village Core
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 AVC-4 Sub-Zone:
a)
Multiple Unit Dwelling;
b)
Hostel;
c)
Commercial Short-Term Rental;
d)
Resort Commercial Use;
e)
Eating and Drinking Establishments;
f)
Personal Service Establishment;
g)
Public Assembly;
h)
Skier Services;
i)
Recreation Facilities;
j)
Offices; and
k)
Accessory Uses, Buildings and Structures.
2.
PARCEL SIZE
The minimum Parcel Area required in the CD-1 AVC-4 Sub-Zone is 1,200 m2.
3.
SETBACKS
No Setbacks is required in the CD-1 AVC-4 sub-Zone, except where the Parcel abuts a lower density
residential Zone, in which case a Setback of 3.0 m from the Parcel line is required.
4.
PARCEL COVERAGE
Max Surface Parcel Coverage
85%
5.
HEIGHT
a)
The maximum Height for Principal Buildings is 20.0 m or 6 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 125
6.
PARKING
a)
Parking within AVC-4 shall be on-site and underground or under Building to reflect the pedestrian
orientation of the Sub-Zone. Up to 10% of the required parking or 10 spaces, whichever is less, may
be provided as surface parking for short term, visitor, or Accessible Parking. For non-residential
uses, up to fifty percent (50%) of required Parking Spaces may be located on another Parcel of
privately owned land within 400 m of the subject Parcel, subject to the following conditions:
i)
In no case shall any transfer under this regulation reduce or otherwise compromise the
availability of required on-site Parking Spaces for the Parcel to which the on-site parking
requirement has been transferred; and,
ii) The landowners of the Parcel being developed and the Parcel, to which the parking is being
transferred, shall enter into an agreement with the City under the Land Title Act, registered in
priority over any other charges, restricting the use of the necessary portion of the Parcel to
which the parking is being transferred, to "parking."
b)
On street parking is not permitted in this Sub-Zone.
7.
DENSITY
Tier 1 - Resort-Specific Services (Unlimited
Scale, Subject to Maximum Equivalent Units)
Tier 2 - Convenience Services
(Limited to 200m² per Commercial Unit)
-
Equipment rental/repair (ski, bike, outdoor
recreation)
-
Resort Commercial Use
-
Recreation instruction and guiding services
-
Neighbourhood Oriented Commercial Use
-
Retail Stores
-
Entertainment Commercial Use
-
Outdoor recreation retail
-
Personal Services establishments
-
Offices
a)
The following uses are prohibited in the CD-1 AVC-4 Sub-Zone:
i)
General merchandise retail over 200m²
ii) Service Commercial Use
iii) Furniture, appliances, and major retail categories
iv) Financial Institutions
b)
The maximum number of Equivalent Units permitted on all Parcels within the CD-1 AVC-4 Sub-Zone
is 163.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
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Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 126
12.1.7. CD-1 MA-1: Mountain Activity Area
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 MA-1 Sub-Zone:
a)
Cross-country and downhill ski Trails;
b)
Eating and Drinking Establishments;
c)
Ski lifts and towers;
d)
Skier Services Buildings; and
e)
Accessory Uses, Buildings and Structures.
f)
Recreation Cabin - Maximum 1 per Parcel
2.
REGULATIONS
Buildings and Structures within the MA-1 Sub-Zone must have their own self-contained liquid waste
disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal
system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not be
permitted.
3.
SETBACKS
No Building or Structures shall be located within 5.0 m of any lot line.
4.
HEIGHT
a)
The maximum Height for Principal Buildings is 15.0 m or 4.5 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
5.
PARKING
Section 5 (Offstreet Parking & Loading) does not apply to the permitted uses in this Sub-Zone.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Commercial
Light Industrial
Public, Institutional,
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Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 127
12.1.8. CD-1 MA-1 Jumbo: Mountain Activity Area
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 MA-1 JUMBO Sub-Zone:
a)
Cross-country and downhill ski Trails;
b)
Eating and Drinking Establishments;
c)
Ski lifts and towers;
d)
Skier Services Buildings; and
e)
Accessory Uses, Buildings and Structures.
f)
Recreation Cabin - Maximum 1 per Parcel
g)
Accessory Recreation Cabin - Maximum 1 per Parcel
2.
REGULATIONS
Buildings and Structures within the MA-1 Sub-Zone must have their own self-contained liquid waste
disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal
system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not be
permitted.
3.
SETBACKS
No Building or Structures shall be located within 5.0 m of any lot line.
4.
HEIGHT
a)
The maximum Height for Principal Buildings is 15.0 m or 4.5 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
5.
PARKING
Section 5 (Offstreet Parking & Loading) does not apply to the permitted uses in this Sub-Zone.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 128
12.1.9. CD-1 MA-1 Paradise: Mountain Activity Area
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 MA-1 Paradise Sub-Zone:
a)
Cross-country and downhill ski Trails;
b)
Eating and Drinking Establishments;
c)
Ski lifts and towers;
d)
Skier Services Buildings; and
e)
Accessory Uses, Buildings and Structures.
f)
Tourist Cabins
g)
Accommodation Units
2.
REGULATIONS
Buildings and Structures within the MA-1 Sub-Zone must be connected to a liquid waste disposal system
that is approved by the Interior Health Authority.
3.
DENSITY
Maximum 11 Accommodation Units.
4.
HEIGHT
a)
The maximum Height for Principal Buildings is 15.0 m or 4.5 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 6.0 m or 2 Storeys, whichever is less.
5.
PARKING
Section 5 (Offstreet Parking & Loading) does not apply to the permitted uses in this Sub-Zone.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Light Industrial
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Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 129
12.1.10. CD-1 OS-1: Open Space
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 OS-1 Sub-Zone:
a)
Natural Open Space;
b)
Open Space;
c)
Park;
d)
Accessory Buildings and Structures.
2.
REGULATIONS
1.
These areas are not intended for development beyond Accessory Buildings or Structures required
to support the use and maintenance of Natural Open Space.
2.
Buildings and Structures within the OS-1 Sub-Zone must have their own self-contained liquid waste
disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal
system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not
be permitted.
3.
HEIGHT
a)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings and
Structures.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 130
12.1.11. CD-1 RP-1: Resort Parking
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-1 RP-1 Sub-Zone:
a)
Parking;
b)
Skier Services;
c)
Employee Housing;
d)
Accessory Buildings and Uses;
2.
REGULATIONS
a)
Buildings and Structures within the RP-1 Sub-Zone must have their own self-contained liquid waste
disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal
system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not
be permitted.
b)
A Landscape Buffer at least 10.0 m in width shall be maintained around the parking lot located east
of Highway 3B.
3.
SETBACKS
The minimum Setbacks from Parcel lines for Employee Housing are as follows:
Front
Rear
Interior
Exterior
4.0 m
3.0 m
4.0 m
3.0 m
4.
HEIGHT
a)
The maximum Height for Principal Buildings is 10.0 m or 3 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Light Industrial
Public, Institutional,
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Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 131
12.1.12. CD-1 RI-1: Resort Light Industrial
1.
PERMITTED USES
The following uses and no others shall be permitted in the RI-1 Sub-Zone of the CD-1 Zone:
a)
Equipment Maintenance;
b)
Storage Facilities;
c)
Accessory Buildings and Structures.
2.
REGULATIONS
a)
Buildings and Structures within the RI-1 Sub-Zone must have their own self-contained liquid waste
disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal
system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not
be permitted.
b)
A Landscape Buffer at least 10.0 m in width shall be maintained around the storage facilities.
3.
PARCEL AREA
The minimum Parcel Area is 950 m2.
4.
SETBACKS
No Buildings or Structures shall be located within 7.5 m of any lot line.
5.
HEIGHT
The maximum permitted Height for all Buildings and Structures shall be 12.0 m or 3.5 Storeys, whichever
is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Public, Institutional,
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Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 132
12.2
COMPREHENSIVE DEVELOPMENT CD-2
1.
INTENT
The purpose of this Zone is to provide for the development of a variety of land uses
integrated into a planned resort village. The Comprehensive Development Two Zone is
divided into two (2) separate Sub-Zones. Each Sub-Zone in the Comprehensive
Development Two Zone has regulations pertaining to the Sub-Zone.
2.
SUB ZONES
(1)
GATEWAY RESIDENTIAL 1 - GW-1
(2)
GATEWAY RESIDENTIAL 2 - GW-2
3.
REGULATIONS
The general regulations shall be applicable to all Sub-Zones contained within this CD-2 Zone.
a)
Permitted Uses of Land, Buildings and Structures in all Sub-Zones. Except as otherwise stated in
this Bylaw, the following uses are permitted in all Zones;
i)
Highways;
ii) Storage of materials required for an approved construction project on the same Parcel or
adjoining Parcel provided that the materials are removed within thirty days of completion of
the approved construction;
iii) Trails and lifts.
b)
The maximum number of Equivalent Units permitted on all Parcels within the CD-2 Zone is 148 as
shown on Figure 12-3 the map entitled "CD-2 Zone Equivalent Units".
Zoning Bylaw No. 2864
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Section 12 | Page 133
Figure 12-2: CD-2 Zone Equivalent Units
Zoning Bylaw No. 2864
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Section 12 | Page 134
12.2.1. CD-2 GW-1: Gateway Residential 1
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-2 GW-1 Sub-Zone:
a)
Single Detached Dwelling;
b)
Duplex;
c)
Multiple Unit Dwelling;
d)
Small-Scale Multi-Unit Housing;
e)
Public Assembly;
f)
Commercial Short-Term Rental;
g)
Recreation Facilities;
h)
Secondary Suites
i)
Accessory Dwelling Units; and
j)
Accessory Buildings, Structures and Uses.
2.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7;
d)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
3.
PARCEL SIZE
On a Parcel located in an area Zoned CD-2 GW-1, no plan of Subdivision shall be approved which
contravenes the regulations set out below.
Min Parcel Area
Max Parcel Area
(for parcels containing 4 or
less Dwelling Units)
For Party-Wall Subdivisions:
180 m2
2,400 m2
For all other Subdivisions:
275 m2
2,400 m2
For Parcels containing 5 or more Dwelling Units, no maximum Parcel Area shall apply, provided the
parcels are created by Subdivision and secured by a restrictive covenant registered on title, to the
satisfaction of the Approving Officer.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 135
4.
SETBACKS
The minimum Setbacks from Parcel lines in the CD-Zoned CD-2 GW1 Sub-Zone are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
The minimum Setbacks from Parcel lines for Multiple Unit Dwellings are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
5.
COVERAGE
Max Building Parcel
Coverage
Max Surface Parcel
Coverage
For a Parcel containing 1 Dwelling Unit with a Parcel
Area less than 550 m2:
40%
50%
For a Parcel containing 1 Dwelling Unit with a Parcel
Area equal to or greater than 550 m2:
35%
40%
For a Parcel containing 2 Dwelling Units:
40%
50%
For a Parcel containing 3 to 4 Dwelling Units:
50%
60%
For a Parcel containing 5+ Dwelling Units:
60%
65%
6.
HEIGHT
a)
The maximum Height for Single Detached Dwelling or Duplex is 10.0 m or 3 Storeys, whichever is
less.
a)
The maximum Height for a Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever is
less.
b)
The maximum Height for Multiple Unit Dwellings is 15.0 m or 4.5 Storeys, whichever is less.
c)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 136
7.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a
Parcel Area less than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a
Parcel Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 2 Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing 3 to 4 Dwelling Units is:
1.0
The maximum Floor Area Ratio for a Parcel containing 5+ Dwelling Units is:
2.0
a)
For parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units are
permitted per parcel.
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 137
12.2.2. CD-2 GW-2: Gateway Residential 2
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-2 GW-2 Sub-Zone:
a)
Commercial Short-Term Rental Use;
b)
Multiple Unit Dwelling;
c)
Resort Commercial Use
d)
Personal Service Use;
e)
Recreation Facilities Accessory Buildings, Structures and Uses.
f)
Offices less than 200 m².
2.
CONDITIONS OF USE
a)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7;
b)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
3.
PARCEL SIZE
The minimum Parcel Area required in the CD-2 GW-2 Sub-Zone is 1,200 m2.
4.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
5.
PARCEL COVERAGE
Max Surface Parcel Coverage
75%
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 138
6.
HEIGHT
a)
The maximum Height for Principal Buildings and Multiple Unit Housing is 18 m or 5.5 Storeys,
whichever is less.
b)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Section 12 | Page 139
12.3
COMPREHENSIVE DEVELOPMENT CD-3
1.
INTENT
The purpose of this Zone is to provide for the development of a variety of land uses
integrated into a planned resort village. The Comprehensive Development Three Zone
is divided into four (4) separate Sub-Zones. Each Sub-Zone in the Comprehensive
Development Three Zone has regulations pertaining to the Sub-Zone as outlined below.
2.
SUB-ZONES
(1)
RESIDENTIAL FRINGE AREA - RFA
(2)
RESORT RURAL RESIDENTIAL - RRR
(3)
RESORT HOLIDAY PARK - RHP
(4)
RESORT MIXED USE - RMU
3.
REGULATIONS
The general regulations shall be applicable to all Sub-Zones contained within this CD-3 Zone are
outlined in Section 4.10, General Regulations, Cluster, Comprehensive Mixed Use, and Comprehensive
Residential Development.
Zoning Bylaw No. 2864
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Section 12 | Page 140
12.3.1. CD-3 RFA: Residential Fringe Area
1.
PERMITTED USES
The following uses and no others shall be permitted in the CD-3 RFA Sub-Zone:
a)
Single Detached Dwelling;
b)
Duplex;
c)
Small-Scale Multi-Unit Housing
d)
Multiple Unit Dwelling;
e)
Commercial Short-Term Rental;
f)
Secondary Suites
g)
Accessory Dwelling Units; and
h)
Accessory Buildings and Structures.
2.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
A Small-Scale Multi-Unit Housing development shall be permitted subject to the provisions of
Section 4.1.4;
d)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7;
e)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
3.
PARCEL SIZE
On a Parcel located in an area Zoned CD-3 RFA no plan of Subdivision shall be approved which contravenes
the regulations set out below
Min Parcel Area
Max Parcel Area
(for parcels containing 4 or less
Dwelling Units)
For Party-Wall Subdivisions
180 m2
2,400 m2
For all other Subdivisions
275 m2
2,400 m2
For Parcels containing 4 or more Dwelling Units, no maximum Parcel Area shall apply, provided the
parcels are created by Subdivision and secured by a restrictive covenant registered on title, to the
satisfaction of the Approving Officer.
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
Residential
Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
Development
COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 141
4.
COVERAGE
Max Building Parcel
Coverage
Max Surface
Parcel Coverage
For a Parcel containing 1 Dwelling Unit
with a Parcel Area less than 550 m2:
40%
50%
For a Parcel containing 1 Dwelling Unit
with a Parcel Area equal to or greater
than 550 m2:
35%
40%
For a Parcel containing 2 Dwelling Units:
40%
50%
For a Parcel containing 3 to 4 Dwelling
Units:
50%
60%
For a Parcel containing 5+ Dwelling Units:
60%
65%
5.
HEIGHT
a)
The maximum Height for a Single Detached Dwellings or Duplex is 10.0 m or 3 Storeys, whichever is
less.
b)
The maximum Height for Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever is less.
c)
The maximum Height for Multiple Unit Dwellings is 15.0 m or 4.5 Storeys whichever is less.
d)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
6.
SETBACKS
The minimum Setbacks from Parcel lines in the CD-3 RFA Sub-Zone are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
The minimum Setbacks from Parcel lines for Multiple Unit Dwellings are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
Zoning Bylaw No. 2864
TABLE OF CONTENTS
Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Commercial
Light Industrial
Public, Institutional,
Parks & Open Space
Comprehensive
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 142
7.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel Area
less than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel Area
equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 2 Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing 3 to 4 Dwelling Units is:
1.0
The maximum Floor Area Ratio for a Parcel containing 5+ Dwelling Units is:
2.0
a)
Where topography makes possible, direct Multiple Unit Dwellings to land on the outer edge of the Village
Core (Sub Zones AVC-1, AVC-2, AVC-3, and AVC-4).
b)
The maximum number of Equivalent Units permitted on all Parcels within the CD-3 RFA Sub-Zone is 44.
c)
For parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units are permitted per
parcel.
Zoning Bylaw No. 2864
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Section 12 | Page 143
12.3.2. CD-3 RRR: Resort Rural Residential
1.
PERMITTED USES
The following uses and no others shall be permitted in the Resort Rural Residential Zone:
a)
Single Detached Dwelling;
b)
Duplex;
c)
Small-Scale Multi-Unit Housing
d)
Commercial Short-Term Rental;
e)
Secondary Suites
f)
Accessory Dwelling Units;
g)
Accessory Buildings and Uses.
2.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
Small-Scale Multi-Unit Housing shall be permitted subject to the provisions of Section 4.1.4;
d)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7;
e)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
3.
SETBACKS
a)
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
b)
30 metres from a Provincial highway right-of-way boundary line.
c)
30 metres from Topping Creek.
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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Section 12 | Page 144
4.
PARCEL COVERAGE
Max Building Parcel
Coverage
Max Surface Parcel
Coverage
For a Parcel containing 1 Dwelling Unit with a
Parcel Area less than 550 m2:
40%
50%
For a Parcel containing 1 Dwelling Unit with a
Parcel Area equal to or greater than 550 m2:
35%
40%
For a Parcel containing 2 Dwelling Units:
40%
50%
For a Parcel containing 3 to 4 Dwelling Units:
50%
60%
5.
HEIGHT
a)
The maximum Height for Single Detached Dwellings or Duplexes is 10 m or 3 Storeys, whichever is
less.
b)
The maximum Height for Small Scale Multi Unit Housing Dwellings is 11 m or 3 Storeys, whichever
is less.
c)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
6.
DENSITY
Total Equivalent Units permitted in the RRR Zone are separated into specific areas as shown on Figure 12-
4, the map entitled "RRR Sub-Zone Equivalent Units".
a)
For Parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units is permitted
per Parcel.
b)
For Parcels greater than 280 m2 in size, a maximum of four (4) Dwelling Units is permitted per
Parcel.
FAR
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel
Area less than 550 m2 is:
0.6
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel
Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 2 Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing 3 to 4 Dwelling Units is:
1.0
Zoning Bylaw No. 2864
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Section 12 | Page 145
Figure 12-3: RRR Sub-Zone Equivalent Units
Zoning Bylaw No. 2864
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Section 12 | Page 146
12.3.3. CD-3 RHP: Resort Holiday Park
1.
INTENT
The intent of this Zone is to permit a variety of forms of accommodation including cabins, tents, RV's or
similar. A holiday Park also provides facilities such as laundry, showers, picnic/barbeque facilities, and
limited commercial and Recreation Facilities.
2.
PERMITTED USES
The following uses and no others shall be permitted in the CD-3 RHP Zone:
a)
Campground;
b)
Commercial Resort Use
c)
Single Detached Dwelling;
d)
Duplex;
e)
Commercial Short-Term Rental;
f)
Agriculture Use;
g)
Agriculture Stand;
h)
Secondary Suites
i)
Accessory Dwelling Units; and
j)
Accessory Buildings, Structures and Uses.
3.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
A Commercial Short-Term Rental shall be permitted subject to the provisions of Section 4.1.7; and
d)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
Zoning Bylaw No. 2864
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Section 12 | Page 147
4.
PARCEL SIZE
On a Parcel located in an area Zoned CD-3 RHP, no plan of Subdivision approved which contravenes the
regulations set out below:
Min Parcel Area
2.0 ha
5.
COVERAGE
Maximum 20% of the Parcel Area may be covered by Buildings and Structures combined.
6.
SETBACKS
The minimum Setback from Parcel lines are as follows:
Front
Rear
Interior Side
4.0 m
2.0 m
2.0 m
7.
HEIGHT
The maximum Height for Principal and Accessory Buildings is 10.0 m or 3 Storeys, whichever is less.
8.
DENSITY
a)
Maximum 20 campsites per hectare,
b)
Maximum 15 Tourist Cabins per hectare.
c)
Maximum 1 Single Detached Dwelling per Parcel.
9.
OTHER REGULATIONS
a)
Outdoor Storage areas must be surrounded by a solid Landscape Screen not less than 2.0m in
Height.
b)
A Landscape Buffer at least 2 metres in width shall be maintained in the interior and rear Setbacks.
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 148
12.3.4. CD-3 RMU: Resort Mixed-Use
1.
INTENT
The intent of this Zone is to permit a variety of forms of accommodation including cabins, tents, RV's,
Hostels and other Dwellings. The Zone also provides facilities such as laundry, showers, and
picnic/barbeque facilities, and limited commercial and Recreation Facilities to serve guests.
2.
PERMITTED USES
The following uses and no others shall be permitted in the CD-3 RMU Zone:
a)
Campground;
b)
Small-Scale Multi-Unit Housing
c)
Single Detached Dwelling;
d)
Duplex;
e)
Commercial Short-term Rental;
f)
Tourist Cabin;
g)
Hostel;
h)
Resort Commercial Use;
i)
Neighbourhood Oriented Commercial Use;
j)
Secondary Suites
k)
Accessory Dwelling Units; and
l)
Accessory Buildings, Structures and Uses.
3.
CONDITIONS OF USE
m) A Small-Scale Multi-Unit Housing Development shall be permitted to the provisions of Section 4.1.4;
n)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
o)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
p)
Short-term Rental Accommodation shall be permitted subject to Section 4.1.7 provisions;
q)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
r)
All Resort and Neighbourhood Commercial Uses in the Zone shall be limited to a total of 200 m2;
Zoning Bylaw No. 2864
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Section 12 | Page 149
4.
PARCEL SIZE
On a Parcel located in an area Zoned CD-3 RMU, no plan of Subdivision approved which contravenes the
regulations set out below:
Min Parcel Area
550 m2
5.
COVERAGE
Max Building Parcel
Coverage
Max Surface Parcel
Coverage
For Single Detached Dwellings with a Parcel Area
equal to or greater than 550 m2:
35%
40%
For Duplexes:
40%
50%
For Small Scale Multiple Unit Dwellings and all other
uses:
50%
60%
6.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
7.
HEIGHT
a)
The maximum Height for Principal Buildings is 10 m or 3 Storeys, whichever is less;
b)
The maximum Height for Small Scale Multiple Unit Dwellings is 11 m or 3 Storeys, whichever is less.
c)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
Zoning Bylaw No. 2864
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Section 12 | Page 150
8.
DENSITY
a)
Maximum 15 Tourist Cabins per hectare.
b)
Maximum 25 Equivalent Units per hectare.
c)
For Parcels equal to or less than 280 m2 in size, a maximum of three (3) Dwelling Units is permitted
per Parcel.
d)
For Parcels greater than 280 m2 in size, a maximum of four (4) Dwelling Units is permitted per Parcel.
FAR
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel
Area less than 550 m2 is:
0.6
The maximum Floor Area Ratio for a Parcel containing 1 Dwelling Unit with a Parcel
Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing 2 Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing 3 to 4 Dwelling Units is:
1.0
e)
9.
OTHER REGULATIONS
a)
Outdoor Storage areas must be surrounded by a solid Landscape Screen not less than 2 metres in
Height.
b)
A Landscape Buffer at least 2 metres in width shall be maintained in the interior, exterior and rear
Setbacks.
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 151
12.4
CD-4: Comprehensive Development 4 - Multiple Unit/Limited
Commercial
1.
INTENT
The purpose of this Zone is to provide for the development of Multiple Unit Dwellings and limited
commercial space in the old Hospital Building at 1961 Georgia St.
2.
PERMITTED USES
a)
Clinic subject to section 3 below;
b)
Office subject to section 3 below;
c)
Personal Service establishment subject to section 3 below;
d)
Multiple Unit Dwelling subject to section 7 below;
e)
Ambulance Services;
f)
Parking area;
g)
Accessory Buildings
3.
REGULATIONS
a)
Commercial Uses are permitted on the first and second floor only.
b)
In this Zone, Office use is limited to Medical/Professional Services, which means the provision of
services by an individual who is registered or duly licensed as such to practice under the provisions
of the authority of appropriate jurisdiction. Without restricting the generality of the above, this
includes but is not limited to the following:
i)
Doctors and Dentists;
ii) Chiropractors;
iii) Physiotherapists;
iv) Other health professionals;
v) Lawyers;
vi) Accountants;
vii) Engineers;
viii) Architects.
c)
Where parking areas are adjacent to other Parcels, a Landscape Buffer must be provided to screen
parking areas.
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 152
4.
SETBACKS
The minimum Setback from Parcel lines immediately adjacent to R-Zones is 1.5 m.
5.
COVERAGE
The maximum Building Parcel Coverage is 55%.
6.
HEIGHT
The maximum Height is 15 metres or 4.5 Storeys, whichever is less for Principal Buildings and 5 metres
or 1.5 Storeys, whichever is less for Accessory Buildings.
7.
DENSITY
Multiple Unit Dwellings are permitted in the CD-4 Zone, provided that the Multiple UnitDwelling(s) have a
maximum Density of 46 units per Net Hectare.
Zoning Bylaw No. 2864
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Definitions General Regulations Off-Street Parking & Loading Screening & Landscaping Establishment of Zones
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 153
12.5
CD-5: Comprehensive Development 5 - Mixed Single
Detached/Duplex Dwellings
1.
INTENT
The purpose of this Zone is to provide for the development of Single Detached Dwellings and Duplexes
on a large Parcel located on Spokane St to the south of the City Centre.
2.
PERMITTED USES
a)
Single Detached Dwellings;
b)
Duplex;
c)
Secondary Suite
d)
Accessory Dwelling Unit
e)
Residential Short-Term Rental
f)
Accessory Buildings and Uses.
3.
REGULATIONS
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
A Residential Short-Term Rental shall be permitted subject to the provisions of Section 4.1.6.
d)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
4.
COVERAGE
Min Parcel
Area
Min Parcel
Frontage
For Single Detached Dwellings:
550 m2
18 m
For Duplexes:
800 m2
18 m
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
7.0 m
7.0 m
1.8 m
3.0 m
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 154
6.
COVERAGE
Max Building Parcel
Coverage
Max Surface Parcel
Coverage
For Single Detached Dwellings:
35%
45%
For Duplexes:
40%
50%
7.
HEIGHT
The maximum Height is 10 metres or 3 Storeys, whichever is less for Principal Buildings and 4.5
metres or 1.5 Storeys, whichever is less for Accessory Buildings.
8.
DENSITY
a)
Up to a maximum of five Single Detached Dwellings;
b)
Up to a maximum of three Duplexes;
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 155
12.6
CD-6: Comprehensive Development 6 - Cook Avenue - Mixed
Residential
1.
INTENT
The intent of this Zone is to allow mixed housing types within specific area formerly known as Cook
Avenue School.
2.
PERMITTED USES
The following uses only shall be permitted in the CD-6 Cooke Ave Mixed Residential Zone:
a)
Single Detached Dwelling;
b) Duplex;
c) Small-Scale Multi-Unit Housing;
d) Multiple Unit Dwellings;
e) Secondary Suite
f)
Accessory Dwelling Units; and
g) Accessory Buildings and Uses.
3.
REGULATIONS
In this Zone, Height means the vertical distance from the lowest Natural Grade adjacent to an exterior
wall of a Building to the highest point of the roof.
4.
CONDITIONS OF USE
a)
A Secondary Suite shall be permitted subject to the provisions of Section 4.1.3;
b)
An Accessory Dwelling Unit shall be permitted subject to the provisions of Section 4.1.3;
c)
A Small-Scale Multi-Unit Housing development shall be permitted subject to the provisions of
Section 4.1.4.
d)
Off Street Parking and Loading requirements are subject to the provisions of Section 5 except that
the access must only be provided on Cook Ave and is limited to 2 Driveways. The Driveway width
may increase to 6.0 metres.
5.
PARCEL SIZE
On a Parcel located in an area Zoned CD-6, no plan of Subdivision shall be approved which contravenes
the regulations set out below.
Min Parcel
Area
Max Parcel
Area
Min Parcel
Frontage
For Party-Wall Subdivisions:
180 m2
2,400 m2
6.0 m
For all other Subdivisions:
275 m2
2,400 m2
9.0 m
Zoning Bylaw No. 2864
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Section 12 | Page 156
6.
COVERAGE
Max Building
Parcel Coverage
Max Surface
Parcel
Coverage
For a Parcel containing 1 Dwelling Unit with a Parcel
Area less than 550 m2:
40%
50%
For a Parcel containing 1 Dwelling Unit with a Parcel
Area equal to or greater than 550 m2:
35%
40%
For a Parcel containing 2 Dwelling Units:
40%
50%
For a Parcel containing 3 to 4 Dwelling Units:
50%
60%
For a Parcel containing 5+ Dwelling Units:
60%
65%
7.
HEIGHT
a)
The maximum Height for a Single Detached Dwellings or Duplex is 10.0 m or 3 Storeys,
whichever is less.
b)
The maximum Height for Small-Scale Multi-Unit Housing is 11.0 m or 3.5 Storeys, whichever is
less.
c)
The maximum Height for a Multiple Unit Dwelling is 12 m or 3.5 Storeys, whichever is less.
d)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
8.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
2.0 m
1.8 m
3.0 m
The minimum Setbacks from Parcel lines for Multiple Unit Dwellings are as follows:
Front
Rear
Interior Side
Exterior Side
4.0 m
4.0 m
3.0 m
3.0 m
a)
The exterior side Setback along the undeveloped Cliff St Right of Way may be reduced to 2.0 m.
Zoning Bylaw No. 2864
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Section 12 | Page 157
9.
DENSITY
FAR
The maximum Floor Area Ratio for a Parcel containing one (1) Dwelling Unit with a
Parcel Area less than 550 m2 is:
0.6
The maximum Floor Area Ratio for a Parcel containing one (1) Dwelling Unit with a
Parcel Area equal to or greater than 550 m2 is:
0.5
The maximum Floor Area Ratio for a Parcel containing two (2) Dwelling Units is:
0.6
The maximum Floor Area Ratio for a Parcel containing three (3) and more Dwelling
Units is:
1.0
a)
The maximum number of Equivalent Units permitted in the CD-6 Zone is 16 with a maximum number
of 24 Dwelling Units. The maximum number of Dwellings within a Multiple Unit Dwelling is 6 Dwelling
Units.
b)
Density Bonus
i)
The Density may be increased to 28 Dwelling Units provided that the 4 additional units are
each less than 50 m2.
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 158
12.7
CD-7: Comprehensive Development 7 - Evergreen Multi-Unit
1.
INTENT
The intent of this Zone is to allow the development of multiple unit development at the end
of Cedar Crescent in an area known as Evergreen.
2.
PERMITTED USES
The following uses and no others shall be permitted in the CD7 Zone:
a)
Multiple Unit Dwellings;
b)
Accessory Buildings and Uses.
3.
CONDITIONS OF USE
c)
Off Street Parking and Loading requirements are subject to the provisions of Section 5.
d)
A Landscape Buffer at least 3 metres in width shall be maintained around any parking areas.
4.
PARCEL SIZE
a)
On a Parcel located in an area Zoned CD-7, no plan of Subdivision shall be approved which
contravenes the regulations set out below:
Min Parcel Area
Min Parcel Frontage
950 m2
18 m
5.
FLOOR AREA RATIO
For Multiple Unit Dwellings the Floor Area Ratio shall not exceed a factor of 1.0.
6.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Exterior Side
4.0 m
4.0 m
3.0 m
a)
Interior side Setback: 2 metre is required except where the Parcel abuts a R-1 Residential Zone, in
which case 10.0 m from the Interior Parcel Line.
Zoning Bylaw No. 2864
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Section 12 | Page 159
7. PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
50%
60%
8. HEIGHT
a) The maximum Height for Multiple Unit Dwellings is 13 m or 4 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
9. DENSITY
a)
The total number of Dwelling Units permitted in this Zone is 18 units.
b)
A Building may not contain more than 6 Dwelling Units.
Zoning Bylaw No. 2864
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Section 12 | Page 160
12.8
CD-8: Comprehensive Development 8 - Midtown Mixed-Use
1.
INTENT
The intent of this Zone is to allow a mixed-use Building comprising Affordable
Housing units and City Hall on the ground floor.
2.
PERMITTED USES
The following uses and no others shall be permitted in the CD-8 Zone:
a)
Affordable Housing units;
b)
Accessory Buildings and Uses
3.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Exterior Side
Interior Side
4.0 m
2.0 m
2.6 m
3.0 m
a)
Unenclosed balconies, porches, or sundecks, canopies and awnings, may intrude into the
Setback area, provided that such reduction shall apply only to the projecting feature.
4.
PARCEL COVERAGE
Max Building Parcel Coverage
Max Surface Parcel Coverage
50%
60%
5.
HEIGHT
a)
No Principal Building shall exceed a Height of 13 m or 4 Storeys, whichever is less.
b)
The maximum Height is 4.5 m or 1.5 Storeys, whichever is less for Accessory Buildings.
6.
PARCEL SIZE
The Parcel size shall remain at 3,587 m2, for the subject Parcel to which the CD-8 Zone is applied.
Zoning Bylaw No. 2864
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COMPREHENSIVE DEVELOPMENT ZONE
Section 12 | Page 161
7.
DENSITY
a)
The total number of Dwelling Units permitted in this Zone is 37 units.
8.
OFFSTREET PARKING
Notwithstanding regulations in Part 11 of the Zoning Bylaw, the following are regulations for Off Street
Parking and Loading in the CD8 Zone.
a)
Required Off-Street Parking Spaces - Affordable Housing units
i)
1.0 Off-Street Parking stall per Dwelling Unit with one or two Sleeping Units;
ii) 1.5 Off-Street Parking stalls per Dwelling Unit with three Sleeping Units;
iii) 2.0 Off-Street Parking stalls per Dwelling Unit with 4 or more Sleeping Units;
iv) plus 0.2 per Dwelling Units for visitor parking
b)
The number of on-street parking stalls adjacent to land, a Building or a Structure in the CD8 Zone
shall be credited against the number of required Off-Street Parking Spaces.
c)
Access to the parking area shall be provided by one access point with access Driveway width and
an Aisle width of 6 metres.
d)
Due to adverse soil conditions, the total parking area required by this bylaw shall not be permeable.
e)
In lieu of landscaped islands, the area surrounding the parking area will be landscaped.
Zoning Bylaw No. 2864
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Section 12 | Page 162
12.9
CD-9 CTC: Comprehensive Development 9 - Commercial Tourist
Cabins
1.
INTENT
The intent of this Zone is to permit a limited number of Tourist Cabins for commercial guest
accommodation use.
2.
PERMITTED USES
The following uses and no others shall be permitted in the CD9-CTC Zone:
a)
Tourist Cabin;
b)
Single Detached Dwelling; and
c)
Accessory Buildings, Structures and Uses.
3.
CONDITIONS OF USE
a)
Required Off-Street Parking Spaces: One (1) space per Tourist Cabin.
4.
PARCEL SIZE
On a Parcel located in an area Zoned CD-9 CTC, no plan of Subdivision approved which contravenes
the regulations set out below:
Min Parcel Area
0.5 ha
5.
SETBACKS
The minimum Setbacks from Parcel lines are as follows:
Front
Rear
Interior Side
4.0 m
1.0 m
1.8 m
6.
HEIGHT
a)
The maximum Height for Principal Buildings is 8 m or 2.5 Storeys, whichever is less.
b)
The maximum Height for Accessory Buildings is 4.5 m or 1.5 Storeys, whichever is less.
7.
DENSITY
a)
Maximum 3 Tourist Cabins.
Zoning Bylaw No. 2864
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SCHEDULES
Schedules | Page 163
Schedule B : Enforcement Fee Schedule
OFFENCE
SECTION
FINE
FINE
REDUCTION
(if paid within 30 days)
Unauthorized Land Use or Development
4.1
$500.00
$500.00
Unauthorized Short-Term Rental (STR) Use
4.1.6 & 4.1.7
$500.00
$500.00
Non-Conforming Structures or Additions
1.6
$500.00
$500.00
Unauthorized Temporary Use
4.2
$500.00
$500.00
Violation of Setback, Height, Parcel Coverage or
Density Requirements
4.6
$500.00
$500.00
Failure to Comply with STR Use Requirements
4.1.6 & 4.1.7
$500.00
$500.00
Non-Compliance with Parking Requirements
5.0
$500.00
$500.00
Violation of Landscaping Requirements
6.0
$500.00
$500.00
Unauthorized Signage
4.11
$500.00
$500.00
Violation of Home Occupation Regulations
4.1.5
$500.00
$500.00
Obstruction of an officer, authorized entry or
inspection
2.1
$500.00
$500.00
Contravention of Outdoor Lighting Requirements
4.13
$500.00
$500.00