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Zoning Bylaw No. 1987
ii
TOWN OF SMITHERS ZONING BYLAW NO. 1987
A bylaw to establish zones and regulate the use of land, buildings
& structures within the zones.
WHEREAS Council has given due regard to:
(a)
the promotion of health, safety, convenience, and welfare of the public;
(b)
prevention of the overcrowding of land and preservation of the amenities peculiar to any zone;
(c)
the securing of adequate light, air and access;
(d)
the value of the land and the nature of its present and prospective use and occupancy;
(e)
the character of each zone, the character of the buildings already erected and the peculiar
suitability of the zone for particular uses;
(f)
the conservation of property values;
(g)
the development of areas to promote greater efficiency and quality;
(h)
the impact of development on present and future public costs;
(i)
the betterment of the environment;
(j)
the fulfillment of community goals; and,
(k)
the provision of necessary public space.
NOW THEREFORE the Council of the Corporation of the Town of Smithers in open meeting assembled hereby
enacts as follows:
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Table of Contents
TOWN OF SMITHERS ZONING BYLAW NO. 1987 ................................................................................. ii
Division 1 - Interpretation .................................................................................................................................. 5
Section 1.1 Short Titles ............................................................................................................................. 5
Section 1.2 Definitions .............................................................................................................................. 5
Section 1.3 Establishment of Zones ........................................................................................................ 17
Section 1.4 Definition of Zones ............................................................................................................... 18
Section 1.5 Basic Provisions................................................................................................................... 18
Division 2 - General Provisions ....................................................................................................................... 19
Section 2.1 Home Occupations .............................................................................................................. 19
Section 2.2 Bed and Breakfast Operations ............................................................................................. 19
Section 2.3 Short Term Rentals .............................................................................................................. 20
Section 2.4 Secondary Suites & Carriage Houses .................................................................................. 21
Section 2.5 Siting .................................................................................................................................... 22
Section 2.6 Height Restrictions ............................................................................................................... 22
Section 2.7 Visibility at Intersections ....................................................................................................... 23
Section 2.8 Swimming and Wading Pools ............................................................................................... 23
Section 2.9 Fences ................................................................................................................................. 24
Section 2.10 Parking .............................................................................................................................. 24
Section 2.11 Loading Requirements ....................................................................................................... 32
Section 2.12 Vehicles in Residential Areas ............................................................................................. 33
Section 2.13 Cannabis Retail Sales ........................................................................................................ 33
Section 2.14 Shipping Containers ........................................................................................................... 33
Section 2.15 Auxiliary Uses, Buildings & Structures ............................................................................... 34
Section 2.16 Properties in Agricultural Land Reserve (ALR) ................................................................... 35
Section 2.17 Mobile Vending .................................................................................................................. 36
Section 2.18 Group Homes .................................................................................................................... 36
Section 2.19 Camping ............................................................................................................................ 36
Division 3 - Agricultural Zones ........................................................................................................................ 37
Section 3.1 A-1 Agricultural Zone ........................................................................................................... 37
Division 4 - Residential Zones ......................................................................................................................... 39
Section 4.1 LDR-1 Low Density Residential Zone ................................................................................... 39
Section 4.3 R-4 Manufactured Home Park Residential Zone .................................................................. 43
Section 4.5 R-6 Rural Residential Zone .................................................................................................. 45
Section 4.6 R-7 Rural Residential Hobby Farm Zone ............................................................................. 47
Division 5 - Commercial Zones ....................................................................................................................... 49
Section 5.1 C-1 Town Centre Commercial Zone ..................................................................................... 49
Section 5.2 C-1A Downtown Commercial Zone ...................................................................................... 51
Section 5.3 C-2 Service Commercial Zone ............................................................................................. 55
Section 5.4 C-3 Tourist Commercial Zone .............................................................................................. 58
Section 5.5 C-4 Service Station Commercial .......................................................................................... 60
Section 5.6 C-5 Large Scale Retail Commercial ..................................................................................... 62
Division 6 - Industrial Zones ............................................................................................................................ 64
Section 6.1 M-1 Light Industrial Zone ..................................................................................................... 64
Section 6.2 M-2 Medium Industrial Zone................................................................................................. 67
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Section 6.3 M-3 Heavy Industrial Zone ................................................................................................... 70
Section 6.4 M-3A Limited Heavy Industrial Zone .................................................................................... 72
Division 7 - Public Use Zones ......................................................................................................................... 74
Section 7.1 P-1 Public Amenity Zone ...................................................................................................... 74
Section 7.2 P-1A Public Utility Zone ....................................................................................................... 76
Section 7.3 P-2 Public Use Two Zone .................................................................................................... 77
Section 7.4 P-3 Public Use Three Zone .................................................................................................. 79
Section 7.5 P-4 Central Park Zone ......................................................................................................... 80
Division 8 - Airport Zones ................................................................................................................................ 82
Section 8.1 AP-1 Airport One Zone......................................................................................................... 82
Section 8.2 AP-2 Airport Industrial Zone ................................................................................................. 84
Division 9 - Comprehensive Development Zones ............................................................................................ 86
Section 9.1 CD-1 Comprehensive Development Zone 1 ......................................................................... 86
Division 10 - Administration & Enforcement .................................................................................................... 87
Section 10.1 Administration .................................................................................................................. 87
Section 10.2 Offence ............................................................................................................................ 87
Section 10.3 Administrative Provisions ................................................................................................. 87
CITATION: ....................................................................................................................................................... 88
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Division 1 - Interpretation
Section 1.1 Short Titles
This bylaw may be cited for all purposes as "Zoning Bylaw No. 1987".
Section 1.2 Definitions
All words or phrases used in this bylaw shall have their normal or common meaning except
where this is changed, modified, or expanded by the definition set forth in this bylaw. All words
that are defined in Section 1.2 are bolded throughout this Bylaw.
In this bylaw:
"agriculture" means growing, rearing, producing or harvesting agricultural crops, fur-bearing
animals, poultry, bees or other livestock and includes processing of the primary agricultural
products harvested, reared, or produced on the same parcel and the storage of farm machinery,
implements and agricultural supplies and repairs to farm machinery and implements used on the
same parcel but excludes boarding and breeding kennels;
"Agricultural Land Reserve" means the Provincial agricultural zone defined in the Agricultural
Land Commission Act;
"aisle, manoeuvring" means that portion of a driveway provided and reserved exclusively to
permit a vehicle to be driven into or out of a parking space;
"aisle space" means the portion of a parking area which provides space for motor vehicle access
and does not include space for motor vehicle parking;
"assembly use" means the use of a building or part thereof, by a gathering of persons for civic,
political, travel, religious, social, educational, and recreational or like purposes;
"assisted living" means housing and care for seniors and people with disabilities who can direct
their own care and do not require 24-hour professional nursing care of a residential care facility.
Residences combine hospitality services, such as housekeeping and laundry, with personal
assistance, such as help with eating, mobility and monitoring medications;
"auction use" means a use of land or buildings where a business accepts goods for sale, places
them on public display for inspection and sells them at a public bidding session;
"auxiliary use" means a land use which is ancillary or subordinate to a principal use;
"auxiliary building" means an enclosed or unenclosed structure, the use or intended use of
which is ancillary and subordinate to that of the principal building situated on the same parcel,
but excludes any dwelling unit;
"aviation related use" means any facility or activity directly associated with the air transportation
of persons or cargo or the operation, storage, or maintenance of aircraft at an airport or heliport.
Such uses specifically include but are not limited to runways, taxiways, aprons and their
associated manoeuvring areas together with aircraft hangars, fixed base operations facilities,
and terminal buildings;
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"backyard hen keeping" means the keeping of hens, as they are defined in Bylaw No. 1780 -
Animal Control & Licensing other than in an Agricultural, Commercial or Industrial zone;
"bed and breakfast" means the use of a room or rooms without cooking facilities in an owner-
occupied single detached dwelling for the temporary sleeping accommodation of the travelling
public, with breakfast meals being prepared and served to guests;
"building" means any structure used or intended for supporting or sheltering any use or
occupancy;
"cannabis" has the same meaning as in the Cannabis Act (Canada);
"cannabis retail sales" means the sale of cannabis and cannabis accessories authorized by a
licence issued under the Cannabis Control and Licensing Act;
"campground" means a site operated and occupied as temporary accommodation of the
traveling public in tents and recreational vehicles for periods not exceeding one month;
"camping" means the act of using any part of the property, land, or facilities for overnight
accommodation purposes, including using a tent, shelter, or a Recreational Vehicle, or sleeping
in or on parked vehicles, or setting up sleeping areas outdoors or in structures not designated
for human occupancy.
"camp services and expediting operations" means the use of land, buildings, or structures for
preparing camps and equipment that service resource extraction or construction projects in
remote locations. Uses include but are not limited to logistical offices, storage facilities, and food
preparation facilities;
"carriage house" means a self-contained dwelling unit that is auxiliary to a single detached
dwelling;
"childcare, centre" means the provision of child care licensed under the Community Care &
Assisted Living Act and the Child Care Licensing Regulation;
"childcare, in-home" means the provision of child care in the operator's home licensed under
the Community Care & Assisted Living Act and the Child Care Licensing Regulation;
"child development centre" means the provision of pediatric early intervention and family
centered programs such as infant development, physiotherapy, speech and language therapy,
occupational therapy, family support, early childhood education and similar specialized services;
"Commercial Cardlock Facility" means an establishment where petroleum products are
dispensed from fuel pumps utilizing a cardlock or keylock system but does not include gasoline
stations or fuel bars.
"community garden" means an area of land, where individuals or members of a group grow
and harvest for their own use food crops, flowers, and ornamental plants;
"community sewer system" means a system of sewage collection and disposal serving two or
more parcels, which is owned, operated, and maintained by the Town of Smithers;
"community water system" means a system of waterworks serving two or more parcels, which
is owned, operated, and maintained by the Town of Smithers;
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"confectionery" means premises used for the retail sale of tobacco, photographic film, snack
items, personal hygiene items, newspapers, magazines, books, souvenirs, postcards, writing
paper, envelopes, postage stamps or soft drinks;
"convenience store" means premises used for the retail sale of foodstuffs, household items,
newspapers, periodicals, handicrafts, and sundries, and may include seating capacity for a
maximum of eight persons for on-site food consumption, in a total sales and display area open
to the public of less than 250 m2;
"cooking facilities' means any appliance used to prepare food and includes but is not limited
to, ovens, stoves, microwaves, hotplates, electric frying pans, or any appliance used to heat
food, and excludes a refrigerator and a coffee maker.
"crematorium" means an industrial building or structure with a furnace for the cremation of
bodies to ashes;
"density" means a measurement of development intensity on a parcel measured in dwelling
units per hectare or square metres of parcel area per dwelling unit;
"dwelling unit" means one or more connecting rooms with self-contained cooking, sleeping and
sanitary facilities having an entrance to a common corridor or to the exterior of a building, used,
intended, or designed to be used as living accommodation for a household but excludes
recreational vehicles and tents;
"dwelling, single detached" means a building containing only one dwelling unit occupied by
one household. Where explicitly permitted in this Bylaw, a single-detached dwelling may contain
one additional dwelling unit in the form of a secondary suite for residential use.
"dwelling, semi-detached" means a building that may be divided horizontally or vertically into
two separate dwelling units for residential use, where each dwelling unit has an independent
entrance -- either directly from the outside or through a common vestibule --, and independent
utility connections.;
"entertainment establishment" means any building used for commercial entertainment and
recreation purposes, such as cabarets, beer parlours, cocktail lounges, night clubs, bowling
alleys, auditoriums, dance and bingo halls, gymnasiums, theatres, but excludes video arcades,
pool halls, and automotive and other vehicle sales and service;
"family day care" means a childcare use as defined under Part 7 of the Child Care Licensing
Regulation and licensed under the Community Care and Assisted Living Act;
"farmers' market" means the seasonal sales of agricultural products and crafts produced
locally;
"fence" means a barrier, railing, or other upright structure, typically of wood or wire, enclosing or
screening an area of land or marking a boundary;
"fire hall" means a building or part thereof containing offices, vehicles, and equipment intended
for the prevention of extinguishing of fires, and may include auxiliary rooms, sleeping quarters,
activity areas for the firefighters, and auxiliary meeting rooms for public assemblies.
"floor area" means the greatest horizontal area of building above grade within the inside surface
of exterior walls or within the inside surface of exterior walls and the centre line of firewalls;
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"food exchange" means the receiving, storage, processing and redistribution of food for non-
profit and charitable purposes;
"frontage" means the width of the front parcel line abutting the street;
"fuel sales - wood" means sale of firewood including the storage and processing of logs to
produce firewood;
"funeral home" means premises used for the preparation and display of deceased persons,
including rituals or ceremonies associated therewith, prior to burial or cremation;
"garage" means a building or portion of a building used or intended to be used for vehicular
parking;
"garden centre/plant nursery" means premises used to grow and/or sell plants and
landscaping materials to the general public but does not include bulk sales of garden materials;
"gazebo" means a free standing roofed structure usually open on the sides, designed and
intended to be used for relaxation / recreational only.
"grade" means the lowest of the average levels of finished ground adjoining each exterior wall
of a building;
"gross floor area" means the total floor area of all buildings on a parcel measured to the outer
limits of a building including all areas giving access thereto such as corridors, hallways, landings,
foyers, staircases, stairwells, enclosed balconies and mezzanines, enclosed porches or
verandas and excluding auxiliary parking, unenclosed swimming pools, balconies or sundecks,
elevators or ventilating machinery and building features referred to in Section 2.3.3 of this bylaw;
"group home, major" means a premise that is licensed under the Community Care and Assisted
Living Act, and is used to provide supervised living accommodation for individuals with
disabilities or other unique conditions, serving up to 10 persons, where residents share personal
care resources and live as a single housekeeping unit, and not more than 6 residents are persons
in care.
"group home, minor" means premises used to provide supervised living accommodation for up
to 2 individuals with disabilities or other unique conditions, who, in a non-licensed congregate
housing arrangement share personal care resources and live as a single housekeeping unit.
.
"hand crafted small goods" means the making by hand or by hand and small machine of arts
and crafts wares and includes but is not limited to pottery, ceramics, lapidary products, jewelry,
plaques, paintings, souvenirs, wood and stone carvings, leather goods, metal and plastic arts,
glass crafts, toys, weaving and cloth arts;
"height" means, with respect to a building, the maximum vertical distance between natural grade
or approved grade and the highest point of the structure of a flat roof, or the mid-point between
the intersection point of the building wall and roof structure and ridge of a sloped roof excluding
dormers;
Midpo int
Grade
Inter section of
wall an d roof
structure
Ridge
Top of Roof
Grade
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"heliport" means a facility specifically designed, and used solely for, the landing and take-off of
rotary-wing aircraft, as approved by the Canadian Ministry of Transport, and any associated
aircraft storage or repair facilities;
"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;
"hobby farm" means a farm with an area of less than 20 ha (50 ac) that is not intended to be
the owner or occupier's primary source of income;
"home occupation" means a commercial undertaking carried on as an auxiliary use in a
dwelling;
"hotel" means a building or part thereof, with a common entrance lobby and shared corridors,
providing temporary overnight accommodation for transient visitors by way of furnished sleeping
units. Hotel use may include commercial facilities such as restaurant, banquet, beverage,
meeting and convention rooms, recreation facilities and personal services for the convenience
of guests;
"houseplex" means a residential building resembling a large house containing three or four
smaller dwelling units.
"industrial, primary" means a co-generation, manufacturing, processing, assembling,
fabricating, testing, servicing, repair, storing, transporting, warehousing, or distributing of goods
or materials or things with or without an auxiliary office to administer the industrial use on the lot,
and includes wholesale sales provided that the merchandise being sold is distributed from the
lot, but excludes the processing of fish, live animals, live poultry, or other fowl;
"industrial mall" means a building or group of buildings held in freehold or strata ownership
which is divided into units for separate occupancy by different industrial uses for which common
loading and parking facilities and other common services may be provided. The side setback
requirements for Industrial Mall may be reduced to zero if party wall agreements are established;
"industrial use" means processing, fabricating, assembling, storing, transporting, distributing,
wholesaling, testing, servicing, repairing or salvaging goods, materials or things and includes
only the sale of goods either manufactured, assembled, disassembled, or repaired on the same
site;
"institutional use" means land and buildings that provide for civic and other public functions and
amenities, including but not limited to, schools, colleges, courts of law, community centres,
hospitals, libraries, and museums;
"keylock" means a private facility, not available to the general public, for the dispensing of motor
vehicle fuel for motor vehicles as defined in the Motor Vehicle Act;
"kitchen" means facilities for the preparation or cooking of food, and includes any room
containing counters, cabinets, plumbing, or wiring, which may be intended or used for the
preparation or cooking of food.
"lane" means a highway less than 11 metres wide which provides a secondary access to a
parcel;
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"landscaping" means a vegetated area, garden, or combination thereof, which has a mix of
ground cover, plants, shrubs, trees, hard surfaces such as brick and stone, and other landscape
elements such as walkways, seating areas, water features and public art;
"laundromat" means a coin operated laundry;
"low-rise apartment" means a building containing 3 or more dwellings, where each dwelling has
its principal access from an entrance or common hallway;
"manufactured home" means a structure, whether or not ordinarily equipped with wheels, that
is:
(a) designed, constructed, or manufactured to be moved from one place to another by being
towed or carried;
(b) used or intended to be used as a dwelling unit; and
(c) that conforms with the CAN/CSA Z240 MH Series at the time of manufacture.;
"manufacturing use" means the making, producing, processing, fabricating, assembling, or
repairing of goods, materials, products, substances, or things;
"microbrewery" means a brewery that produces less than 15,000 hectolitres of beer annually
and includes auxiliary uses of wholesaling, tours, tastings, retail sales and consumption of beer
produced on-site;
"mini storage" means the commercial use of land, buildings, or structures for the purpose of
storing personal property and includes the storage of recreational vehicles;
"mobile home" see manufactured home;
"Mobile Vending" means a commercial activity where the operator sells or offers for sale goods,
wares, merchandise, packaged foodstuffs, and any other commodity from a mobile vehicle or
standalone stall, with all prepared-to-order food or beverage sales requiring the operator be
licensed as a Mobile Restaurant, as regulated in the Town of Smithers Mobile Vending Bylaw.
"manufactured home park" means the use of land for 2 or more manufactured homes on a
parcel and includes manufactured home strata subdivisions established pursuant to the Strata
Property Act;
"modular home" (prefabricated) means finished section(s) of a complete dwelling built in a
factory for transport to the site for installation. Finished means fully enclosed on the exterior and
interior but need not include interior painting, taping, installation of cabinets, floor covering,
fixtures, heating system, and exterior finishes. Modular homes may contain a CSA A277 Modular
home label;
"motel" means any building other than an Apartment Rental, Boarding House, or Hotel as
defined herein comprising of not less than two sleeping or rental units normally occupied
temporarily by tenants or transients;
"natural boundary" means the visible high water mark at the time of measurement of any lake,
river, stream, or other body of water where the presence and action of the water are so common
and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the
body of water a character distinct from that of its banks, in vegetation, as well as in the nature of
the soil itself;
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"office use" means a use of the carrying on of a business, the conduct of public administration,
the practice of a profession or the administration of an industry and includes financial institutions
and real estate offices, but excludes the sale, rental, servicing and repair of goods and the
manufacture or processing of a product;
"outdoor storage" means the storage of equipment, goods, and materials outside of a building
or structure and does not involve the erection of permanent structures. Typical uses include but
are not limited to pipe yards or heavy equipment storage yards as well as outdoor storage of
building materials, vehicles, or boats;
"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 area of land within the boundaries of a parcel;
"parcel coverage" means the combined building footprint as measured to the exterior walls of
buildings at ground level, including all parts of the first storey with a permanent roof structure
such as living space, covered deck, attached garages and carports, but excluding open decks
and balconies, cantilevered covers, ramps and stairways required for access, and greenhouses,
Parcel coverage is expressed as a percentage of the parcel area.
"parcel line, exterior side" means a parcel boundary, other than a front parcel line, located
between a parcel and a highway; except that where the highway is not intended for the use of
motorized vehicles the exterior side parcel line shall be considered to be an interior side parcel
line for the purpose of building setback requirements;
Parcel Coverage =
Total Building Area
Parcel Area
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"parcel line, front" means a parcel boundary common to a parcel and a highway other than a
lane provided that where a parcel is contiguous to the intersection of 2 highways the front parcel
line is the shorter of the parcel lines and where it is not possible to determine the shortest parcel
boundary, the entire parcel boundary contiguous to both highways shall be the front parcel line;
"parcel line, interior side" means a boundary between two parcels other than a front, rear or
exterior side parcel line;
"parcel line, rear" means the boundary of the parcel which lies the most opposite to and is not
connected to the front parcel line, or in the case of triangular properties, where the rear portion
of the parcel is bounded by intersecting side parcel lines, the rear parcel line shall be the point
of such intersection;
"parcel width, average" means the area of an irregular-shaped parcel divided by the distance
between the front and rear parcel lines measured perpendicularly to the abutting street at the
midpoint of the front parcel line;
"parking space, off-street" means an area of a parcel identified or used for the parking of 1
motor vehicle;
"park, public" means a use of public open space or an area for outdoor recreation or play;
13
"personal service establishment" means a business establishment wherein personal services
are performed, including a barber shop, hair or beauty salon, shoe repairs, tailor shop,
photographic studio or other similar uses that provide services to persons and households, but
specifically excludes massage parlors and escort services;
"place of worship" 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;
"principal building" means a building in which the principal use of the parcel on which the
building is located is conducted;
"principal residence" means the dwelling unit where an individual or household lives or
intends to live for most time of the calendar year, at least for 180 days. At a given time, an
individual or household will only have one principal residence, which he/she/they use for all
communications with the government(s) or for taxation purposes;
'principal use" means the main or primary use of a parcel;
"recreational use" means a complex, facility or place designed and equipped for the conduct
of sports and leisure-time activities including, but not limited to athletic fields, tennis courts,
racquetball or squash courts, badminton or volleyball courts, bowling greens, arenas, or
stadiums;
"recreational vehicle" means a vehicle designed to be used for temporary living and travel,
recreation or vacationing and includes vehicles commonly known as travel trailers, fifth wheel
trailers, truck campers, motor homes, boats, snowmobiles, all-terrain vehicles, tent trailers or
other similar vehicles but does not include a manufactured home, and is not a dwelling unit;
"rescue mission" means a building (or portion thereof) that is used or intended to be used to
provide to homeless individuals temporary accommodations, shelter, meals, devotional activities
or any combination thereof. Ancillary commercial retail uses may also be permitted provided they
are run by a non-profit agency. For the purposes of this section, a 'homeless individual' includes
an individual who lacks a fixed, regular and adequate night-time residence;
"residential use" means the use of land and buildings for the accommodation of a person or
persons and activities customarily associated with home life, and excludes short-term rental and
bed and breakfast operations, and accommodation in recreation vehicles or tents, irrespective
of the length of the stay;
"retail sales" means the sale of goods to the ultimate consumer and includes the servicing of
such goods and includes but is not limited to the sale of food, clothing, dry goods, hardware,
furniture, appliances, drugs, plants, stationery, and jewellery but excludes the sale of livestock,
heavy duty equipment, farm machinery, airplanes, automobiles, snowmobiles, motorcycles, all-
terrain vehicles, lumber, alcoholic beverages, cannabis and gasoline;
"school, commercial" means an educational facility operated for profit, and includes instruction
in the arts, sports, business skills, self-improvement, academics, mechanical or technical trades;
"screening" means a fence, wall, compact evergreen hedge, berm or combination,
supplemented with landscape planting that would effectively limit the visibility of the use, parcel
or portion of the parcel it encloses from adjacent parcels and highways.
"secondary suite" means an additional dwelling unit located in a single detached, semi-
detached or townhouse dwelling;
14
"Seniors Housing" means housing only for seniors, provided either in the form of supportive /
assisted living housing, or multi-family residential dwellings without living support or assistance
to the residents.
"service station" means premises used principally for the sale of automotive fuels, lubricating
oils, motor vehicle accessories and the servicing and washing of motor vehicles, but excludes
retail sales of automobiles, any wholesale sales, and motor vehicle structural or body repairs
and painting;
"setback" means the minimum permitted distance between a building or structure and each of
the respective parcel lines.
"shipping container" means a rectangular metal container designed and manufactured for the
transport of freight, but specifically excludes dumpsters and receptacles intended for
neighbourhood collection of recyclable materials. Shipping containers must comply with the
same parcel coverage, siting, and setback requirements as auxiliary buildings;
"short-term rental" means the rental of a dwelling unit or portion thereof, serving as an auxiliary
use on a parcel, to one or more transient visitors for a period of less than thirty (30) days
"sidewalk" means a portion of a street established for pedestrians;
"sleeping unit" means a room or set of rooms used or intended to be used by a boarder or
boarders and fully contained within a dwelling, or a room or set of rooms used or intended to be
used by guests in a hotel or motel. A sleeping unit may contain cooking facilities only when it is
part of a hotel, motel, or a single room dwelling unit;
"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;
"street" means a highway 11 metres or greater in width providing primary access to a parcel;
"structure" means any construction fixed to, supported by, or sunk into land or water;
"solar energy system" means a device which relies upon solar radiation as an energy source
for the generation of electrical or thermal energy for on-site consumption;
"supportive housing" means affordable, long-term housing units, and also provides access to
support staff to help tenants lead stable, independent, and connected lives. Tenants may be
previously experienced homelessness or persons who are at risk of homelessness, who may
also have mental illness, have or be recovering from drug or alcohol addictions, or experience
other barriers to housing. Supportive housing provides a range of on-site, non-clinical supports,
such as life-skills training, and connections to primary health care, mental health or substance
use services, that are available to residents of the housing project. Additional services may
include meal programs and on-site medical supports, employment and education services,
counselling, and outreach services;
"temporary" means less than 30 days when referred to in context of use of a space for
accommodation, unless it is permitted otherwise in a specific section in this bylaw; when used in
context of a structure, it means a structure or building that is intended to be used for storage, for
a period of time not exceeding either the building permit expiry or any other applicable limits
established by this bylaw, after which time it must be removed from the site.
"transitional housing" means housing that acts as an intermediate step between short-term
housing to more independent living and permanent accommodation. Individuals in transitional
15
housing may have a more moderate need for support services and may transition to supportive
housing or to independent living. An individual in transitional housing may be moving from
homelessness, a health facility, or from an unsafe housing situation. This includes but is not
limited to Safe Houses and Second Stage Housing;
"Town" means The Corporation of the Town of Smithers or the geographical area within the
municipal boundaries thereof as the context may require;
"townhouse" means a building containing 3 or more self-contained dwelling units where each
dwelling unit has direct ground access and individual entrance from the exterior of the building;
"trade shop" means a building equipped and used for carrying on the trades of metal working,
woodworking, welding, plumbing, machine work, electrical work or glasswork and includes
contracting in these trades;
"utility" means broadcast transmission, electrical, natural gas, telephone, sewer, water, or
transportation services and does not include oil or gas storage tanks or a storage or works yard;
"warehouse" means a building used for the receiving and storage of goods or personal property
for compensation and includes the storage of goods by a distributor or supplier who markets
goods for retail at other locations, but excludes wholesale and retail sales;
"wholesale sales" means sale of goods only to retailers, other wholesalers, contractors, or
manufacturers for resale or use in their business;
"yard, front" means part of a parcel lying between the front parcel line and the front of the
principal building and extended across the full width of the parcel,;
"yard, rear" means part of a parcel lying between the rear parcel line and the rear of the principal
building and extended across the full width of the parcel;
"yard, side" means part of a parcel extending from the front yard to the rear yard and lying
between the interior or exterior parcel line and the closest side of the principal building;
Front Parcel Line
Front yard
Rear yard
Side yard
Side yard
Side Parcel Line
Rear Parcel
Line
Side Parcel Line
Side yard
Side yard
16
"youth centre" means an assembly building used as a meeting place for non-profit, social
service organizations whose activities are primarily youth oriented;
Rear yard
Side yard
Front Parcel
Line
17
Section 1.3 Establishment of Zones
The area of the Town is divided into the zones identified in Column I and each zone is briefly
described in Column II.
COLUMN I COLUMN II
Agricultural Zones
A-1
Agricultural
Residential Zones
LDR-1
Low Density Residential
R-3
Medium Density Residential
R-4
Manufactured Home Park Residential
R-5
Manufactured Home Subdivision Residential
R-6
Rural Residential
R-7
Rural Residential Hobby Farm
Commercial Zones
C-1
Town Centre Commercial
C-1A
Downtown Commercial
C-2
Service Commercial
C-3
Tourist Commercial
C-4
Service Station Commercial
C-5
Large Scale Retail Commercial
Industrial Zones
M-1
Light Industrial
M-2
Medium Industrial
M-3
Heavy Industrial
M-3A
Limited Heavy Industrial
Public Use Zones
P-1
Public Amenity
P-1A
Public Utility
P-2
Public Use Two
P-3
Public Use Three
P-4
Central Park
Airport Zones
AP-1
Airport One
AP-2
Airport Industrial
Comprehensive Development Zones
CD-1
Comprehensive Development One
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Section 1.4 Definition of Zones
1.4.1 The area of each zone is defined by Schedule A.
1.4.2 Where a zone boundary is shown on Schedule A as following a road allowance, railway
or a watercourse, the centre line of the road allowance, railway or water course shall be
the zone boundary unless the zone boundary is otherwise referenced to parcel lines or
Town boundaries.
Section 1.5 Basic Provisions
1.5.1 This bylaw applies to the entire area of the Town except where otherwise specifically
stated.
1.5.2 Land shall not be used or subdivided, and buildings and structures shall not be
constructed, altered, located, or used except as specifically permitted by this bylaw.
1.5.3 All uses, buildings and structures not specifically permitted are prohibited.
1.5.4 The correct name of each zone provided for in this bylaw is set out in Column I of
Section 1.3 of this bylaw. Inclusion of the names contained in Column II of Section 1.3 is
for convenience only.
1.5.5 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
remainder
1.5.6 Metric units are used for all measurements in this Bylaw. When calculating density or
parking requirements the final resulting number is determined by rounding of fractions of
0.50 or greater to the next highest whole number and fractions of less than 0.50 to the
next lowest number.
1.5.7 The following uses are permitted in all zones:
(a)
Food production such as fruit, vegetable, community gardens, and other plant
production uses excluding cannabis production;
(b)
Parks, trails, and natural areas;
(c)
Municipal buildings and public works yards;
(d)
Minor utilities except in residential zones;
(e)
Child or senior care centre, including in-home childcare; and
(f)
Solar energy system for use on-site.
19
Division 2 - General Provisions
Section 2.1 Home Occupations
2.1.1 Home occupations are permitted in all residential dwellings.
2.1.2 Home occupations shall be located:
(a)
On a parcel of land containing one or more dwelling units; and
(b)
Wholly within the principal building containing the dwelling or within a permitted
auxiliary building, provided that not more than 40% of the total floor area
(including basements and cellars) of the dwelling unit is occupied by the home
occupation.
2.1.3 Home occupations shall not:
(a)
Store outside of a building any materials, containers or products related to the
home occupation;
(b)
Include a commercial stable, kennel, restaurant, convenience store, service or
repair of small engines, automotive or farm equipment, heavy equipment or
marine equipment, or the parking of industrial or construction equipment or
materials, other than vehicles duly licensed to operate on public highways;
(c)
Sell goods except those goods directly related to the class of the home
occupation;
(d)
Employ a person who does not reside in the dwelling with which the home
occupation is associated;
(e)
Erect a sign other than a sign in accordance with the Town's Sign Bylaw;
(f)
Involve manufacturing, welding, or any other light industrial use; and
(g)
Produce noise, vibrations, smoke, dust, odour, litter, or heat, other than that
normally associated with a dwelling, nor shall it create or cause any fire hazard,
electrical interference, or traffic congestion on the street.
2.1.4 Home occupations shall meet all requirements of municipal bylaws and the BC Building
Code.
2.1.5 Home occupation Business Licenses will only be issued and approved by the Licensing
Official when the requirements under this section are fulfilled by the applicant.
Section 2.2 Bed and Breakfast Operations
2.2.1 Bed and Breakfast operations may be carried out in a single detached dwelling provided
that:
(a)
The building does not contain a secondary suite;
(b)
The Applicant obtains a Business License from the Town;
(c)
A maximum of 3 rooms are used for the accommodation of the travelling public;
20
(d)
The requirements for off-street parking in Section 2.10 of this bylaw are adhered
to; and
(e)
The British Columbia Building Code, Fire Code and any other requirements of the
Statutes of British Columbia are adhered to.
2.2.2 The rooms used for the accommodation of the travelling public shall not contain cooking
facilities or a kitchen.
2.2.3 In lieu of decommissioning cooking facilities or a kitchen, if secondary suites are a
permitted use in the zone, a Bed and Breakfast operation may convert rooms used for
the accommodation of the travelling public containing cooking facilities or a kitchen into
a secondary suite provided the secondary suite complies with all applicable bylaws and
provincial regulations relating to construction and building safety.
Section 2.3 Short Term Rentals
2.3.1 Short-Term Rentals are permitted within a secondary suite or carriage house or a portion
of a single-detached dwelling, provided that the following requirements are met:
(a)
The principal residence of the short-term rental operator is located on the same
parcel where the short-term rental use is occurring;
(b)
The operator obtains a Business License from the Town;
(c)
In zones where the principal residence requirement applies, not more than one
dwelling per parcel is used for short-term rental at any particular time;
(d)
It shall not produce 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 property;
(e)
Requirements established under 2.3.1 (a) do not apply to Short-Term Rentals
operating from C-1 Town Centre Commercial, C-1A Downtown Commercial, and
C-3 Tourist Commercial zones;
(f)
Exemption established by section (2.3.1 (e) shall not apply to Short-term Rentals
operating from parcels in the C-1A Residential Overlay zone;
(g)
Must provide off-street parking in accordance with Section 2.10 of this bylaw;
(h)
When contained in a single-detached dwelling, not more than 40% of the total
floor area (including basements and cellars) is used for Short-Term Rental
operation; and
(i)
The British Columbia Building Code, Fire Code and any other requirements of the
Statutes of British Columbia are adhered to.
2.3.2 Where a short-term rental operates in a single-detached dwelling, there shall only be one
kitchen or set of cooking facilities in the single-detached dwelling.
2.3.3 In lieu of decommissioning additional cooking facilities or kitchens in a short-term rental,
if secondary suites are a permitted use in the zone, the short-term rental may be
21
converted into a secondary suite provided the secondary suite complies with all
applicable bylaws and provincial regulations relating to construction and building safety.
Section 2.4 Secondary Suites & Carriage Houses
2.4.1 Secondary suites and carriage houses shall comply with off-street parking requirements
in Section 2.10.
2.4.2 Secondary suites shall comply with the following regulations:
(a)
Secondary suites are permitted in single detached, semi-detached and
townhouse dwellings;
(b)
Townhouse and Semi-detached dwellings with secondary suites shall have no
less than a 1.2 metre length of parcel frontage maintained with continuous
vegetation. The continuous vegetation shall extend back no less than 5 metres
from the front parcel line towards the dwelling and shall not exceed a height of
1.2 metres; and
(c)
Secondary suite entrances shall be located on the rear or the side of the building.
(d)
A secondary suite shall not be subdivided or stratified.
2.4.3 Carriage Houses shall comply with the following regulations:
(a)
A carriage house is only permitted on a parcel where there is an existing single
detached dwelling;
(b)
A carriage house shall not be subdivided or stratified;
(c)
Regulations for the location, siting, and height of auxiliary buildings in Section
2.15 shall apply to carriage houses excluding the maximum floor area
requirements; (Section 2.15.5)
(d)
The maximum floor area of a carriage house is 90 sq. m.;
(e)
Parking for a carriage house shall be located in the rear yard with access from the
lane. A driveway access from the street to the rear yard is permitted only where
there is no lane or if the lane is not regularly maintained;
(f)
Notwithstanding section 2.4.3 (e), parking for a carriage house with lane access
may be located either at the front or side yard, provided that the parcel already
contains a parking space that can be made exclusively available to the carriage
house use.
(f)
A carriage house must provide a minimum 1.2 metre wide illuminated pathway
between the fronting street and the carriage house. Lighting must be directed so
as to not shine on adjacent parcels. A sensor activated light may be used.
2.4.4 A single-family dwelling may concurrently have a carriage house and a secondary suite,
provided that the applicable regulations are met for each use.
22
Section 2.5 Siting
2.5.1 Except as otherwise provided for in particular zones and except where this bylaw permits
a building to be located at a side parcel line, where:
(a)
chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, or bay windows
project more than 1 metre, or other ornamental features project beyond the face
of a building, the minimum distance to an abutting parcel line may be reduced by
not more than 0.6 metres; and
(b)
steps, eaves, sunlight control devices, canopies, or balconies project more than
1 metre or open porches project beyond the face of a building, the minimum
distance to an abutting front, rear or exterior side parcel line may be reduced by
not more than 1.7 metres and the minimum distance to an abutting interior side
parcel line may be reduced by not more than 50%.
2.5.2 No front, rear or side yard required by this bylaw shall provide any portion of front, rear
or side yard for any other building or use.
2.5.3 No front yard required by this bylaw shall be used for an auxiliary building or structure
other than a fence, swimming pool, tennis court, or a green house built in accordance
with Section 2.15.4 of this bylaw.
2.5.4 A garage or a carport attached to a principal building is deemed to be a portion of the
principal building.
2.5.5 Except as otherwise permitted under this bylaw, not more than 1 principal building shall
be located on any parcel.
2.5.6 An underground structure may be sited in any portion of a parcel provided that the top
surface of such structure at no point extends above the average finished grade or
horizontally beyond the parcel lines.
2.5.7 Freestanding lighting poles, warning devices, antennas, masts, utility poles, wires, flag
poles, signs, and sign structures, except as limited elsewhere in other bylaws, may be
sited on any portion of a parcel.
Section 2.6 Height Restrictions
2.6.1 The maximum heights of buildings or structures established by this bylaw do not apply to
the following:
-
industrial cranes,
-
grain elevators,
-
storage tanks,
-
radio or television antennas,
-
spires, belfries, domes and similar features on places of worship,
-
monuments,
-
chimneys and smokestacks,
-
flag poles,
-
stadium bleachers,
-
lighting poles,
-
elevator shafts,
23
-
stair towers,
-
telecommunications towers and roof mounted facilities,
-
lightning rods,
-
hydro transmission towers,
-
air conditioning units and mechanical penthouses,
-
warning devices,
-
windmills, and
-
photovoltaic or other panels in a solar energy system.
Section 2.7 Visibility at Intersections
2.7.1 There shall be no obstruction to the line of vision by landscaping, buildings, or
structures between the height of 1 metre and 3 metres above the established grade
of streets within a triangular area bounded by:
(a)
The intersection of the two parcel lines (or their projections);
(b)
Points along each parcel line 6 metres from their intersection; and
(c)
At all intersections, a 6 metre by 6 metre sight triangle is to be maintained with
vegetation not to exceed 0.6 metres high at maturity.
Section 2.8 Swimming and Wading Pools
2.8.1 Every swimming or wading pool shall conform to the auxiliary building siting provisions
contained elsewhere in this bylaw.
2.8.2 Notwithstanding any other provisions of this bylaw, swimming or wading pools shall not be
located within 3 metres of any parcel line.
24
Section 2.9 Fences
2.9.1 The height of a fence, wall or hedge shall be determined by measurement from the
ground level at the average grade level within 1.0 m of both sides of such fence, wall, or
hedge.
2.9.2 Subject to the vision clearance provisions of Section 2.5, the following height limitations
apply to fences, walls, or hedges:
(a)
In all Residential zones, fences, walls, or hedges may not exceed 1.8 m in height;
(b)
In all Residential zones, fences, walls, or hedges within the front yard setback
may not exceed 1.2 m in height;
(c)
In all Commercial, Public Use and Industrial zones, fences, walls, or hedges may
not exceed 2.5 m in height;
(d)
Sections 2.9.2 (a) and (b) apply to principal residential uses located in commercial
zones; and
(e)
Where abutting a Residential zoned property, a fence may not exceed 2 m in
height.
2.9.3 Sections 2.9.2 (a) through (d) do not apply to open mesh or chain link type fences erected
on cemetery, public playground, park, playfield, elementary or high school areas,
childcare centres, and in Industrial zones. In these cases, no such fence shall exceed a
height of 3.5 m.
2.9.4 No barbed wire or chain link fencing is permitted within view of the public in the downtown.
Section 2.10 Parking
2.10.1 Exemptions from Parking Requirements
(a)
The regulations contained in Section 2.10 shall not apply to a building or structure
existing at the date of adoption of this bylaw, so long as the 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.
(b)
All uses located in the C-1A zone between Highway 16 and Railway Avenue, except
Short-Term Rentals, Bed and Breakfast operations, group homes (both minor and
major) and hotel use are exempt from complying with the off-street parking
regulations contained in this section.
(c) The following permitted uses in the C-1 zone between Highway 16 and Railway
Avenue are exempt from complying with the off-street parking regulations contained
in this section:
- Retail sales,
- Restaurant,
- Residential use,
- Premises licensed for the consumption of alcohol,
- Open-air produce market,
25
- Hair stylist shop, dry cleaning establishment, appliance repair shop, florist,
laundromat, optical or watch repair shop, tailor shop, dressmaking shop, shoe
repair and other similar personal services,
- Studio, including artist, display, music, radio, recording, television, photographic
studio,
- On-site manufacture and sale of handcrafted small goods when totally contained
in a building, and;
- Microbrewery.
(d) The parcel legally described as Lot 15 Block 17 District Lot 5289 Range 5 Coast
District Plan 1054 is exempt from the off-street parking regulations contained in this
section for the following permitted principal uses only:
- Retail sales,
- Restaurant,
- Premises licensed for the consumption of alcohol,
- Open-air produce market,
- Hair stylist shop, dry cleaning establishment, appliance repair shop, florist,
laundromat, optical or watch repair shop, tailor shop, dressmaking shop, shoe
repair and other similar personal services,
- Studio, including artist, display, music, radio, recording, television, photographic
studio, and;
- On-site manufacture and sale of hand-crafted small goods when totally
contained in a building.
2.10.2 Number of Required Parking Spaces
(a)
Except as otherwise permitted in this bylaw, all required off-street parking spaces
shall be provided on the same parcel as the building or use for which the spaces
are required, and the number of required spaces shall be provided and maintained
in accordance with the regulations contained in Table 2.10.2.
Table 2.10.2
Use
Number of Parking Spaces Required
Residential Uses
Single detached dwelling
2 per dwelling unit
Semi-detached dwelling
2 per dwelling unit
Townhouse
1.5 per dwelling unit
Low-rise apartment / houseplex
1.5 per dwelling unit
Childcare centre
1 space/30 sq. m. gross floor area
In-home childcare
1 per site
Home occupation
1 per home occupation, where clients visit the site,
else no parking required
Group Home
1 per 3 sleeping units; plus, a min 1 space per on-duty
employee
Auxiliary residential use
1 per dwelling unit
Secondary suite
Carriage house
1 per suite
1 per suite
Manufactured home
2 per manufactured home
26
Table 2.10.2
Use
Number of Parking Spaces Required
Manufactured home park
1 per manufactured home plus 1 additional space
provided within the manufactured home park
Short-term rental (in al permitted zones)
1 per rental suite; 1 per sleeping unit where only a
portion of the principal dwelling is used for short-term
rental use
Bed & Breakfast (in all permitted zones)
1 per sleeping unit
Commercial Uses
Restaurants and premises licensed for
consumption of alcohol
In the C-1 zone, North & East of Hwy
16
In the C-1A, North & East of Hwy 16
In the C-3 zone
1 per 45 m2 of gross floor area
Retail uses
In the C-1 zone, North & East of Hwy 16
1 per 100 m2 of gross floor area
Hotels
1 per sleeping unit, when combined with a restaurant
or premises licensed for consumption of alcoholic
beverages, the parking requirements for the restaurant
and licensed premises or both may be reduced by 1
space for every 10 sleeping units
Convenience store
1 per 34 m2 of gross floor area
Drive-in eating facilities, open air fruit and
vegetable markets
1 per 55 m2 of total parcel area
Auxiliary residential uses in the C-1 zone,
North & East of Hwy 16
Auxiliary residential uses in the C-1A zone,
North & East of Hwy 16
1 per dwelling unit
Restaurants with drive-through services
1 per 45 m2 of gross floor area
Pool halls, bowling alleys, auditoriums,
gymnasiums, theatres, dance, and bingo halls
1 per 24 m2 of gross floor area
Auction use
1 per 10 m2 of auction floor area
Commercial bathrooms and showers
1 per separate bathroom and shower
All other permitted uses in the C-1A, C-1, and
C-2 zone or parking required for similar types
of uses
1 per 45 m2 of gross floor area
All uses in the C-5 zone
1 space per 31 m2
Public Transportation Depots
See Section 5.4.6
CD 1 Zone: Supportive Housing
1 per every 3 dwelling units
Industrial and Airport Uses
Uses in the M-1, M-2, M-3, M-3A zone, except
auction use, AP-1, and AP-2
1 per 90 m2 of gross floor area
Public Uses
Assembly, cultural and recreational facilities
1 per 20.0 m2 of gross floor area, or 1 per 3 spectators
Seats, or 1 per 5.0 m2 of floor area used for activity
27
Table 2.10.2
Use
Number of Parking Spaces Required
participation or assembly, or 1 per 4 persons capacity,
whichever is greater
Golf course
100 per course
Campgrounds, recreational vehicle park
1 per camping space plus 2
Hospital, personal care centre, assisted living
1 per adult bed or dwelling
Intermediate/extended long-term care facility
1 per 2.25 beds
Elementary schools, junior high schools
1.5 per classroom
Senior secondary schools, colleges
6 per classroom
Rest homes, retirement homes, senior citizen's
housing or receiving homes
1.5 per sleeping unit or dwelling
Transitional housing
1 per every 2 dwelling units
Botanical gardens
1 per 1000 m2 of parcel area
Public parks, open recreational areas,
playgrounds
1 per 1000 m2 of parcel area (parcel areas less than 1
hectare are exempt)
Public playfields, such as a ball diamond,
soccer field, football field
25 per playfield
Heritage Park (for facilities existing as of the
date of this bylaw)
191
Other uses in the P-1, P-1A and P-2 zone
1 per 45 m2 of gross floor area
Cemeteries, greenbelts
Exempted
Swimming pool
1 per 20 m2 of gross floor area
Places of Worship
1 per 10 m2 gross floor area, or 1 per 4 fixed seats
whichever is greater
Auxiliary residential
1 per dwelling unit
More than one principal use in a P-1 or P-2
zone
Parking shall be provided for the principal use requiring
the greatest number of parking spaces and parking
requirements
for
other
assembly,
cultural
and
recreational facilities shall be at 30% of the number of
spaces otherwise required by this bylaw, with public
parks and open recreational areas exempt.
2.10.3 Electric Vehicle Charging Requirements
(a)
The following electric vehicle charging stalls are required for every commercial or
multi-unit residential development:
i. Where 10-14 parking stalls are required one electric vehicle space is required
ii. Where 15 or more parking stalls are required two electric vehicle spaces is
required.
(b)
Where parking spaces are provided for electric vehicles, an energized outlet
capable of providing Level 2 charging or higher must be installed in each electric
vehicle space.
28
2.10.4 Bicycle Parking Requirements
(a)
Except as otherwise specified in this bylaw, all required Bicycle parking spaces
shall be provided on the same parcel as the building or use for which the spaces
are required, and the number of spaces shall be provided and maintained in
accordance with the regulations contained in Table 2.10.4
(b)
For the purpose of this bylaw:
"Class 1" means a secure, weather-protected bicycle parking facility used to
accommodate long-term parking, such as for residents or employees, usually
within a building or covered, fenced area; and
"Class 2" means a short-term visitor bicycle parking facility that may offer some
security, and may be partially protected from the weather, for example a bicycle
rack at a building's entrance.
Table 2.10.4
Use
Number of Bicycle Spaces
Required (minimum of 6)
Type and Number of Bicycle
Spaces
Residential
Single or Semi-Detached
Dwelling
N/A
N/A
Table 2.10.4
Use
Number of Bicycle Spaces
Required (minimum of 6)
Type and Number of Bicycle
Spaces
Residential
Apartment, Rowhouse,
Townhouse
1 per unit
Class 1 - 100%
Commercial
Hotel or Motel
1 per 15 rooms
Class 1 - 60%
Class 2 - 40%
Office, Retail Store, Restaurant,
Medical Office
1 per 250m² of gross floor area
Class 1 - 60%
Class 2 - 40%
Shopping Centre
1 per 250m² of gross floor area
Class 1 - 30%
Class 2 - 70%
Public and Institutional
School, College
1 per 10 employees, plus 1 per
10 students
Class 1 - employees
Class 2 - students
Place of Worship
1 per 50 fixed seats
Class 2 - 100%
Library, Cultural / recreational /
Civic Facility
1 per 100m² of gross floor area
Class 1 - 20%
Class 2 - 80%
29
2.10.5 Use of Parking Facilities
(a)
Each off-street parking space shall be used only for the purpose of accommodating
the vehicles of clients, customers, employees, members, residents, or tenants who
make use of the principal building or use for which the parking spaces are provided
and, except in the case of residential uses, the parking area shall not be used for
off-street loading, driveways, access or egress, commercial repair work, display or
the sale or storage of goods of any kind.
2.10.6 Required Off-Street Parking Spaces
(a)
Where a building is used for more than one use, the required number of off-street
parking spaces is the sum of the requirements for each use.
(b)
The number and size of off-street parking spaces existing on the date of adoption
of this bylaw shall not be reduced below the requirements of Section 2.10.
(c)
Where the calculation of the required off-street parking spaces results in a fraction,
the required number of spaces shall be rounded to the nearest full number.
(d)
Where off-street parking spaces are provided when not required, the spaces shall
comply with all the regulations of Section 2.10.
(e)
Where the hours of operation of commercial, industrial, or institutional uses on a
single parcel do not overlap, the combined total number of parking spaces required
for those uses may be reduced by 25% provided that a restrictive covenant in
favour of the Town restricts the use of the parcel to those particular uses and hours
of operation.
(f)
Where a group of structures or uses is served by a common parking area, the
requirements for such parking areas shall be the sum of the off-street parking
requirements for each of the structures or uses served by the area.
(g)
The Building Inspector may refuse to issue the occupancy permit required under
the Building Bylaw if the required off-street parking has not been provided in
accordance with this bylaw.
(h)
The Licensing Official may refuse to issue or renew a business licence if the off-
street parking required for the business has not been provided or maintained in
accordance with this bylaw.
2.10.7 Parking on Another Parcel
(a)
Parking spaces may be located on another parcel in the C-1, C-1A, and M-1 zones
provided that:
(i)
In the C-1 and C-1A zones the other parcel is within 225 metres of the
building or use that requires the parking spaces, except for residential uses,
which shall be within 23 metres.
(ii)
In M-1 zone the other parcel is within 35 metres of the building or use that
requires the parking spaces, except for residential uses for which parking
spaces must be provided on-site.
30
(iii)
the owner grants a covenant pursuant to Section 219 of the Land Title Act,
to the Town restricting the use of the parcel, in whole or in part, to off-street
parking,
(iv)
the owner grants an access easement for the parking to adjacent parcel
owners, and;
(v)
A covenant granted under Section 2.10.7 (a)(iii) may be released when
parking is either developed on-site, relocated to another parcel over which
a covenant has been granted to the Town, or provided through cash-in-lieu
payment.
2.10.8 Cash-in-Lieu
(a)
On a parcel in the C-1 zone, the owner or occupier may remit a cash payment to
the Town in the amount as established by the Town of Smithers Fees and Charges
Bylaw, per parking space in lieu of providing the required parking space(s), to a
maximum of 15 parking spaces.
2.10.9 Parking Space Specifications
(a)
Each off-street parking space shall comply with the following minimum dimensions:
Type of Space
Width
Length
Vertical Clearance
Standard
2.7 m
5.4 m
2.1 m
Small Car
2.6 m
4.5 m
2.1 m
Parallel
3 m
6.7 m
2.1 m
Accessible
3.7 m
5.4 m
2.1 m
(b)
No more than 20% of the required parking may be small car parking spaces. Each
small car parking space shall be clearly marked "Small Car Only".
(c)
A portion of the required parking spaces shall be accessible for persons with
disabilities in accordance with the following:
Total Required Spaces
Required Accessible Parking
1-20
1
21-75
2
76-125
3
126-200
4
Over 200
4 spaces plus 1 for every 50 required spaces in
excess of 200
(d)
Accessible parking spaces shall be located so that there is direct unobstructed
access to the main entrance of the building.
2.10.10 Access
31
(a)
Access and egress lanes from a parking area to a street or lane, shall be not less
than 6 metres in width. Access and egress lanes to a street shall be not less than
7.6 metres from any intersection.
(b)
Access and egress to and from all parking spaces shall be by means of an
unobstructed manoeuvring aisle in accordance with the following:
Parking Angle
Double Row of Parking
Single Row of Parking
45o to 60o
6 m
4.2 m for up to 45o
6 m for 45o to 60o
90o
6.6 m
6 m
180o (Parallel)
2.9 m
2.9 m
2.10.11 Layout
(a)
Where more than three parking spaces are provided, the off-street parking area
shall include the construction and development of the required parking spaces,
manoeuvring aisles, and access and egress facilities.
(b)
Where more than three parking spaces are provided, whether covered or
uncovered, they must be so designed that vehicles are not required to back onto
a street.
2.10.12 Design & Maintenance Standards
(a)
In all commercial zones and M-1 zones, the parking area whether provided on-site
or on another parcel shall:
(i)
be surfaced with asphalt or concrete or brick pavers;
(ii)
be graded and drained to prevent surface water from ponding or draining
to adjacent parcels or rights-of-way, except that approved controlled
detention storage is permitted to a depth not to exceed 75 millimetres at
any point in the parking lot;
(iii)
be connected to any municipal storm drainage system that serves the
parking area;
(iv)
be provided with painted lines marking the location of each parking space
which, along with other markings, shall be adequately maintained at all
times;
(v)
provide adequate curbs to prevent vehicles from obstructing pedestrian
walkways or causing damage to landscaping, fences, walls or buildings;
(vi)
have a minimum maintained lighting of at least 5 lux;
(vi)
have all lighting used to illuminate the parking areas so arranged as to
prevent direct rays of light from shining onto an adjacent parcel or street;
and
(viii)
have at least one sign to direct motor vehicles to any other parking areas
separately located on the same parcel or located on another parcel.
(b)
All required parking areas in other zones shall be designed and constructed as
follows:
32
(i)
All parking areas shall be provided with adequate curbs in order to retain
all vehicles within such permitted parking area, and to ensure that required
fences, walls, hedges, or landscaped areas, as well as any building shall
be protected from parked vehicles. The face of the curb perpendicular to
the parking surface shall be at least 200 millimetres in height.
(ii)
All parking areas shall be so graded and drained as to properly dispose of
all surface water and shall not drain to the surface to an adjacent sidewalk
or public right-of-way including streets and lanes.
(iii)
All unpaved parking surfaces shall have a gravel surface and base. The
minimum standard shall be 150.2 millimetres of 19 millimetres minus
crushed gravel compacted to a density of at least 95% standard proctor.
2.10.13 General & Parking-Specific Landscaping Requirements
(a)
In all commercial zones, and industrial zones, the parking area whether provided
on-site or on another parcel shall be provided with perimeter plantings, except
along a lane. Perimeter plantings shall:
(i)
form a continuous planting area along front and exterior side parcel lines
that abut the parking area except for walkways, driveways and along a
lane;
(ii)
have a minimum width of 1.5 metres;
(iii)
contain at least one tree with a minimum caliper of 60 mm for every
12 metres of front and exterior side parcel line, except a lane; and
(iv)
be placed between the front / exterior side parcel line and any fence or wall
constructed on the parcel.
(b)
All landscape plans submitted with building permit and business licence
applications shall show:
(i)
the location of the plant material with respect to parcel lines, utilities,
driveway locations, signs and streetlights; and
(ii)
planting details including a plant list of proposed trees and shrubs showing
quantity, botanical name, common name, size at time of planting and size
and age at maturity.
Section 2.11 Loading Requirements
2.11.1 Off-street loading requirements do not apply to residential and institutional uses.
2.11.2 Parcels in the C-1 and C-1A zones are exempt from off-street loading space requirements.
2.11.3 Off-street loading spaces required by this bylaw shall not be used or designated as off-
street parking spaces and off-street parking spaces shall not be used or designated as
off-street loading spaces.
2.11.4 One off-street loading space shall be provided for the first 1,400 m² of gross floor area of
a building and 1 additional off-street loading space shall be provided for every additional
33
1,400 m² of gross floor area of building or fraction thereof, excluding hotels which require
only 1 off-street loading space regardless of floor area.
2.11.5 Where this bylaw requires an off-street loading space every owner of a parcel on which a
structure is located shall provide and maintain off-street loading spaces which shall
conform to the following minimum standards:
(a)
each off-street loading space shall be not less than 9 metres in length and 3 metres
in width and shall have a vertical clearance of at least 4.2 metres;
(b)
notwithstanding Section 2.11.5 (a) of this bylaw, where the site is less than
9 metres in width, the length of an off-street loading space may be reduced to a
minimum of 7 metres; and
(c)
each off-street loading space shall have vehicular access to a public thoroughfare
and be wholly located on the same parcel as the building required to be served.
Section 2.12 Vehicles in Residential Areas
2.12.1 No vehicle repairs, maintenance or sales are permitted in residential zones except
vehicle repairs, maintenance, and sales customarily associated with home life.
2.12.2 Any motor vehicles, including Recreational Vehicles (RVs) when parked or stored in
residential zones, shall not be used either for short-term rental or residential use.
2.12.2 In residential zones:
(a)
the parking or storage of commercial vehicles exceeding 12 metres in length, or
a gross vehicle weight of 22,000 kg is prohibited except when completely
enclosed within a building; and
(b)
the long-term parking or storage of recreation vehicles, campers, trailers or boats
is prohibited except when completely located on a parcel.
Section 2.13 Cannabis Retail Sales
2.13.1 Notwithstanding any other provisions of this bylaw, no parcel of land within 150 m of a
parcel used as an elementary or secondary school may be used for cannabis retail sales.
Section 2.14 Shipping Containers
2.14.1 The use of land for the placement of shipping containers is prohibited in all zones, with
the following exceptions:
(a) Shipping containers are permitted as an auxiliary structure for a temporary period in
residential, agricultural, AP-1 Airport One, and public use zones except P-1A zone,
subject to the following restrictions:
Length of
Temporary Use
Max. Allowable
Size of Shipping
Container
No. of Shipping
Containers Permitted
on Property
120 days within a
calendar year
30 m2
No more than 1
34
(b) Prior written permission from the Airport Manager is necessary for placing a shipping
container in the AP-1 zone. The Manager may permit more than one shipping
container on an AP-1 parcel if found necessary to support emergency operations.
(c) Despite 2.14.1 (a), no shipping containers shall be placed on the A-1 Agricultural land
abutting the AP-1 zone.
(d) Shipping containers are permitted within the C-2, P-1A, industrial, and AP-2 Airport
Industrial zoned properties, with no limit on the maximum container size, number,
and duration of use.
2.14.2 The shipping containers permitted in accordance with Section 2.14.1 (d) shall only be
used to store materials or products that are incidental to the operation of a use located
on the parcel and may not be used for any permitted mini storage use.
2.14.3 No shipping container may be located within a landscape buffer, front yard, or setback
area, or within 3 m of any parcel line adjoining a parcel zoned for residential use. Where
visible from a street a shipping container must be either screened using landscaping or
clad in a material and colour that conforms to the character of the principal building.
2.14.4 A shipping container permitted on a residential zone parcel under Section 2.1.4.1 (a) may
be used only for the temporary storage of tools and materials during the construction or
alteration of any building or structure for which a building permit has been obtained and
has not expired, and the container must be removed within 14 days of completion of the
work.
Section 2.15 Auxiliary Uses, Buildings & Structures
2.15.1 General
(a)
No auxiliary building or structure shall be erected on any parcel unless the
principal building has been erected or will be erected simultaneously with the
auxiliary building, unless otherwise permitted under Section 2.15.1 of this bylaw.
(b)
An auxiliary building shall not be located less than 1.2 m from any lane or parcel
line.
(c)
An auxiliary building or structure shall not be used as a dwelling or sleeping unit
or for any bed and breakfast or short-term rental use, except as otherwise
provided for in this Bylaw.
(d)
An auxiliary building shall not be located within the front yard setback prescribed
for the principal building in the zone in which it is located,
(e)
An auxiliary building's height may not exceed 6.0 m or that of the principal
structure, unless otherwise specified in this bylaw.
(f) Structures associated with a solar energy system for on-site consumption shall
comply with the setback requirements established under this section but are
exempt from height and parcel coverage restrictions.
2.15.2 Auxiliary Buildings in the Residential and Public Use Zones
(a)
An auxiliary building in a Residential or Public Use zone shall not:
(i) exceed the height of the principal building; or
(ii) be located between a principal building and the front parcel line.
2.15.3 Auxiliary Buildings in the Commercial and Industrial Zones
(a)
Auxiliary buildings are not permitted in C-1 and C-1A zones.
35
(b)
An permitted auxiliary building in a Commercial or Industrial zone shall:
(i) not be located in between a principal building and the front parcel line,
unless otherwise permitted in this bylaw; and
(ii) where visible from an abutting street, be screened with a 1.8 m high
fence or hedge.
2.15.4 Notwithstanding Section 2.15.1.(d), greenhouses are permitted in residential zones and
may be located in a front yard setback area when used for food production if the following
requirements are met:
(a)
Floor area may not exceed 20.0 m2.
(b)
Maximum one greenhouse per parcel.
(c)
When located in the front yard, floor area may not exceed 10% of the front yard
area.
(d)
Must be at least 2.0 m from the front parcel line.
(e)
Must comply with siting regulations in Section 2.15.1 (b) of this bylaw.
(f)
May not exceed 3.0 m in height.
2.15.5 Notwithstanding the regulations established by section 2.15.2 (a) (ii), a gazebo may be
sited on the front yard of a residentially-zoned parcel provided that the following
requirements are met:
(a)
Height is less than 2.5 metres
(b)
Floor area is less than 10 m2
(c)
Edge of the structure is at least 4 m setback from the front parcel line
(d)
No other auxiliary structure is located on the front yard.
2.15.6 The following table applies to all uses and zones excluding industrial zones. The total
combined floor area of all auxiliary buildings on a parcel, excluding greenhouses and
carriage houses, and shipping containers for temporary storage placed in accordance
with section 2.14.1 shall not exceed the following:
Size of Parcel
Maximum Floor Area
i. Parcels up to 580.4 m2
60.0 m2
ii. Lots from 580.5 m2 to 1,348.8 m2
80.0 m2
iii. Lots from 1,348.9 to 2,023.4 m2
111.5 m2
Iv Lots from 2,023.5 to 4,046.8 m2
139.4 m2
v. Lots from 4,046.9 to 10,117.5 m2
202.3 m2
vi. Lots larger than 10,117.5 m2
250.0 m2
Section 2.16 Properties in Agricultural Land Reserve (ALR)
2.16.1 Lands and uses permitted on lands within the Agricultural Land Reserve are subject to
the Agricultural Land Commission Act (ALC), Agricultural Land Reserve (ALR)
Regulations, and any orders of the Agricultural Land Commission.
36
Section 2.17 Mobile Vending
2.17.1 Mobile Vending is a permitted Auxiliary Use in all Agricultural, Residential, Commercial,
Comprehensive Development, Industrial, Public Use, and Airport Zones, provided that
the following requirements are met:
(a) Mobile Vending operations shall be located on an area of land on private
property or a Town designated location;
(b) Business is not conducted for more than 3 days per week in any one
location, unless otherwise granted approval to operate as a Special Event
Permit;
(c) The Bylaws of the Town of Smithers are adhered to, and
(d) The British Columbia Fire Code and any other requirements of the Statutes
of British Columbia are adhered to.
2.17.2 Mobile Vending Business Licenses will only be issued by the Town when the
requirements under this section are fulfilled by the Applicant.
2.17.3 The Town or their designate inclusive of the Director, Licence Inspector and Bylaw
Enforcement Officer may refuse to renew or revoke a business license if the
requirements have not been complied with or maintained by the Licensee in
accordance with the Town of Smithers Mobile Vending Bylaw.
Section 2.18 Group Homes
2.18.1 Both minor and major group homes shall comply with the following requirements:
a) the group home shall be operated from a single-detached dwelling or semi-
detached dwelling unit;
b) a secondary suite or a carriage house shall not be used as a group home;
c) the dwelling unit is only used for activities / uses that are necessary to support
the operation of the group home; use of the dwelling unit or a portion of it for
any other uses including Bed & Breakfast, Short-Term Rental
accommodation, boarding use, and temporary shelter services is prohibited.
d) the operator shall obtain a Business License from the Town;
e) shall comply with the minimum off-street parking requirements established by
section 2.10 of this bylaw;
(f) shall comply with all the municipal bylaws and provincial requirements
including those pertaining to health, safety, and building code.
Section 2.19 Camping
2.19.1 Camping shall be permitted only on designated campgrounds located in zones that
explicitly permit campground use.
2.19.2 Use of Recreational Vehicles and/or tents for any type of accommodation is prohibited
when parked / stored outside a campground.
37
Division 3 - Agricultural Zones
Section 3.1 A-1 Agricultural Zone
Purpose
The purpose of the A-1 zone is to accommodate agricultural uses within Town boundaries on
land located both within and outside the Agricultural Land Reserve.
Permitted Principal Uses
3.1.1 The following and no other principal uses are permitted in an A-1 zone:
(a)
agriculture
(b)
single detached dwelling
(c)
parks and trails
(d) group home (both minor and major)
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an A-1 zone:
(e)
secondary suite
(f)
short-term rental
(g)
bed & breakfast
(h)
carriage house
Regulations
3.1.2 In an A-1 zone the regulations contained in Table 3.1 apply:
Table 3.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
16 hectares minimum
Parcel Width
Not restricted
Parcel Coverage
30% maximum for all buildings and structures
Principal Buildings
Setbacks
front yard
rear yard
side yard
7.5 metres minimum
7.5 metres minimum
7.5 metres minimum
Height of residential buildings
9 metres maximum
Division 3 - Agricultural Zones
38
Additional Requirements
3.1.3 Where an A-1 parcel is on community water and sewer, the following applies:
a. 4 units for fee simple parcels greater than 280 m2
b. 3 units for fee simple parcels less than 280 m2
Division 4 - Residential Zones
39
Division 4 - Residential Zones
Section 4.1 LDR-1 Low Density Residential Zone
Purpose
The purpose of the LDR-1 zone is to accommodate a mix of small-scale, multi-unit housing.
Permitted Uses
4.1.1 The following uses, and no others are permitted in the LDR-1 zone:
Uses
Parcels <280 m2
Parcels 280 m2 - 870
m2
Parcels >870 m2
Permitted Principal
Uses
Single-detached
dwelling (SDD)
Semi-detached
dwelling
Group home (both
minor and major)
Single-detached
dwelling
Semi-detached
dwelling
Townhouse
Houseplex
Group home (both
minor and major)
Single-detached
dwelling
Semi-detached
dwelling
Townhouse
Houseplex
Group home (both
minor and major)
Permitted Auxiliary Uses
Carriage house
Secondary suite
Short-Term Rental
Bed & Breakfast (in a
SDD)
Back yard hen
keeping (with a SDD)
Carriage house
Secondary suite
Short-Term Rental
Bed & Breakfast (in a
SDD)
Back yard hen keeping
(with a SDD)
Carriage house
Secondary suite
Short-Term Rental
Bed & Breakfast (in a
SDD)
Back yard hen keeping
(with a SDD)
Regulations
4.1.2 In the LDR-1 zone the following regulations apply:
Table 4.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
460 m2 minimum
284 m2 minimum for each unit in a semi-
detached dwelling / townhouse
Division 4 - Residential Zones
40
Parcel Width
15 metres minimum
12 metres minimum for non-rectangular
parcels
7.5 metres minimum where subdivision
along a party wall is proposed
Parcel Coverage
50% maximum for all buildings and
structures
Principal Buildings
Setbacks
Front yard
4 metres minimum, or 6 m where parking is
provided in front of the building (see figure 4.1)
Rear yard
6 m minimum
Side yard
1.2 metres minimum, or 3 minimum where
parking is provided beside the building, or 0
metres where a party wall subdivision is
proposed
Building Height
9 metres
Density
3 units maximum for fee simple parcels less
than 280 m2
4 units maximum for fee simple parcels 280 m2 -
870 m2
45 dwelling units per hectare, for parcels larger
than 870 m2
Number of Buildings
2 for parcels that are smaller than 870 m2
for parcels larger than 870 m2, 2 buildings for the
first 4 dwelling units and an addition of 1
building for every 2 dwelling units permitted on
the same parcel
Figure 4.1
Division 4 - Residential Zones
41
Additional Regulations:
4.1.3 Notwithstanding the regulations provided under section 4.1.2 of this bylaw, a maximum
of three (3) principal buildings on each per parcel shall be permitted on 3955 Second Avenue,
legally known as Parcels B and C, Block 94, Plan PRP1054, District Lot 865, Range 5, Coast
Range 5 Land District, (Being A Consolidation of Lots 34 & 35, See CA3821798).
Division 4 - Residential Zones
42
Section 4.2 R-3 Medium Density Residential Zone
Purpose
The purpose of the R-3 zone is to accommodate a mix of multi-family residential dwellings
including townhouse and low-rise apartments.
Permitted Principal Uses
4.2.1 The following principal uses, and no others are permitted in an R-3 zone:
(a)
townhouse dwelling
(b)
low-rise apartment
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an R-3 zone:
(c)
secondary suite in a townhouse dwelling
(d)
Office use
(e)
assisted living
(f)
short-term rental
Regulations
4.2.2 In the R-3 zone the following regulations contained in Table 4.2 apply:
Table 4.2
Element
Regulations
Parcel Size and Coverage
Parcel Area
460 m2 minimum
Parcel Width
15 metres minimum
Parcel Coverage
75% maximum for all buildings and structures
Principal Buildings
Setbacks
front yard
rear yard
side yard
6 metres minimum
6 metres minimum
6 metres minimum
3 metres for townhouse dwellings
Height
3 storeys or 12 metres maximum
Additional Requirements
4.2.3
Where a party wall between two dwellings coincides with an interior side parcel line, no
setbacks shall be required from the interior side parcel line.
Division 4 - Residential Zones
43
Section 4.3 R-4 Manufactured Home Park Residential Zone
Purpose
The purpose of the R-4 zone is to accommodate the development of comprehensively planned
manufactured home parks on a single land parcel.
Permitted Principal Uses
4.3.1 The following principal use and no other is permitted in an R-4 zone:
(a)
manufactured home park
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an R-4 zone:
(b)
one owner/operator dwelling per manufactured home park, which may contain
office space used for the administration and operation of the manufactured home
park
(c)
communal storage sites, including for shared parking
(d)
recreation buildings and areas
(e)
service buildings
(f)
tenant storage buildings
Regulations
4.3.2 In a R-4 zone the following regulations contained in Table 4.3 apply:
Table 4.3
Element
Regulations
Parcel Coverage and Density
Density
15 dwellings per hectare, maximum
Principal Buildings
Height
owner/operator's dwelling
all other buildings, structures, or
additions, except tenant storage
buildings
9 metres maximum
5 metres maximum
Additional Requirements
4.3.3 Lands zoned R-4 are subject to the regulations specified in "Town of Smithers Mobile
Home Park Bylaw 748, 1985" and any subsequent updates to it.
4.3.4 Auxiliary storage uses permitted in Sections 4.3.1 (c) and (f) do not include the use of
shipping containers unless they are temporary in nature and exempted under Section
2.14.1 (a) of this bylaw.
Division 4 - Residential Zones
44
Section 4.4 R-5 Manufactured Home Subdivision Residential Zone
Purpose
The purpose of the R-5 zone is to accommodate the development of neighbourhoods comprised
of manufactured home dwellings as the principal building occupying a single, individual land
parcel or strata titled manufactured home subdivisions.
Permitted Principal Uses
4.4.1 The following principal uses and no others are permitted in an R-5 zone:
(a)
manufactured home.
Regulations
4.4.2 In a R-5 zone the following regulations contained in Table 4.4 apply:
Table 4.4
Element
Regulations
Parcel Size, Coverage and Density
Parcel Area
325 m2 minimum for single-wide manufactured homes
460 m2 minimum for double-wide manufactured homes
Parcel Width
12 metres minimum
Parcel Coverage
35% maximum for all buildings and structures
Density
15 dwellings per hectare, maximum
Principal Buildings
Setbacks
front yard
rear yard
side yard
exterior
interior
6 metres minimum
3 metres minimum
3 metres minimum
3 metres minimum
Height
9 metres maximum
Additional Regulations
4.4.3 Lands zoned R-5 are subject to the regulations specified in "Town of Smithers Mobile
Home Park Bylaw 748, 1985" and any subsequent updates to it.
.
Division 4 - Residential Zones
45
Section 4.5 R-6 Rural Residential Zone
Purpose
The purpose of the R-6 zone is to accommodate one and two-family dwellings in rural areas with
varying utility servicing standards.
Permitted Principal Uses
4.5.1 The following principal uses, and no others are permitted in an R-6 zone:
(a)
single detached dwelling
(b)
semi-detached dwelling
(c) group home (both major and minor)
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an R-6 zone:
(d)
bed & breakfast
(e)
secondary suite
(f)
carriage house
(g)
short-term rental
(h)
backyard hen keeping auxiliary to a single detached dwelling
Regulations
4.5.2 In a R-6 zone the following regulations contained in Table 4.5 apply:
Table 4.5
Element
Regulations
Parcel Size and Coverage
Parcel Area
with a community water system
and sewer system
with a community sewer system
only
with a community water system
only
neither a community water or
sewer system
580 m2 minimum
870 m2 minimum
1,900 m2 minimum
2,200 m2 minimum
Parcel Width
15 metres minimum
Parcel Coverage
40% maximum for all buildings and structures
Division 4 - Residential Zones
46
Table 4.5
Element
Regulations
Principal Buildings
Setbacks
front yard
rear yard
side yard
exterior
interior
parcels where there is no
community water
all other parcels
6 metres minimum
6 metres minimum
3.5 metres minimum
3 metres minimum
1.2 metres minimum from one side parcel line and 3 metres
minimum from the other side parcel line where rear access
is provided to the parcel from a lane or street this may be
reduced to 1.2 metres minimum
Height
9 metres maximum
Additional Requirements
4.5.3
Where a party wall between two dwellings coincides with an interior side parcel line, no
setbacks shall be required from the interior side parcel line.
4.5.4 Where a R-6 parcel is on community water and sewer the following applies:
a) 4 units for fee simple parcels greater than 280 m2
b) 3 units for fee simple parcels less than 280 m2
Division 4 - Residential Zones
47
Section 4.6 R-7 Rural Residential Hobby Farm Zone
Purpose
The purpose of the R-7 zone is to accommodate one and two-family dwellings in rural areas with
larger parcel sizes suitable for agricultural or hobby farm use and with varying utility servicing
standards.
Permitted Principal Uses
4.6.1 The following principal uses and no others are permitted in an R-7 zone:
(a)
single detached dwelling
(b)
semi-detached dwelling
(c)
agriculture
(d)
hobby farm
(e) group home (both major and minor)
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an R-7 zone:
(f)
bed and breakfast
(g
carriage house
(h)
secondary suite
(i)
short-term rental
Regulations
4.6.2 In the R-7 zone the following regulations contained in Table 4.6 apply:
Table 4.6
Element
Regulations
Parcel Size and Coverage
Parcel Area
2 hectares minimum (4.94 acres)
Parcel Width
30 metres minimum
Parcel Coverage
30% maximum for all buildings and structures
Principal Buildings
Setbacks
front yard
rear yard
side yard
7.5 metres minimum
7.5 metres minimum
7.5 metres minimum
Height of residential buildings
9 metres maximum
48
Additional Requirements
4.6.3 In respect of an agricultural or hobby farm use:
(a)
no person shall keep more than 1 horse, 2 cattle, and 12 poultry for each 0.4
hectares 1 acre of parcel area.
4.6.4 Where a party wall between two dwellings coincides with an interior side parcel line, no
setbacks shall be required from the interior side parcel line.
4.6.5 Where a R-7 parcel is on community water and sewer the following applies:
a) 4 units for fee simple parcels greater than 280 m2
b) 3 units for fee simple parcels less than 280 m2
Division 5 - Commercial Zones
49
Division 5 - Commercial Zones
Section 5.1 C-1 Town Centre Commercial Zone
Purpose
The purpose of the C-1 zone is to accommodate a wide mix of retail, business and office uses,
together with upper storey residential development along Main Street.
Permitted Principal Uses
5.1.1 The following principal uses, and no others are permitted in a C-1 zone:
(a)
bank
(b)
club, fraternal lodge
(c)
public or private school, college
(d)
restaurant
(e)
entertainment establishment
(f)
institutional use
(g)
medical, health service centre
(h)
offices for business, professional services
(i)
open-air produce market
(j)
hotel
(k)
printing, publishing
(l)
retail sales
(m)
studio, including artist, display, music, radio, recording, television, photographic
studio
(n)
on-site manufacture and sale of hand-crafted small goods when totally contained
in a building
(o)
personal service establishment
(p)
animal hospital and veterinary facility, when totally contained in a building, and
excluding on-site treatment of livestock
(q)
microbrewery
(r)
cannabis retail sales
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a C-1 zone:
(s)
parking lot
(t)
residential use, provided that the ground floor of the building shall be used only
for permitted principal uses
(u) minor group home, provided that the ground floor of the building is used only for
permitted principal uses.
Division 5 - Commercial Zones
50
(v
auction of goods sold in respect of the principal use
(w)
storage and minor repairs of goods sold in respect of the principal use, when fully
contained within the principal building
(x) Short-Term Rental, provided that the ground floor of the building is used only for
permitted principal uses.
Regulations
5.1.2 In a C-1 zone the following regulations contained in Table 5.1 apply:
Table 5.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
No minimum
Parcel Width
7 metres minimum
Parcel Coverage
100% maximum for all buildings and structures
Principal Buildings
Height
3 stories or 12 metres maximum, whichever is less
Division 5 - Commercial Zones
51
Section 5.2 C-1A Downtown Commercial Zone
Purpose
The purpose of the C-1A zone is to accommodate a broader mix of retail, business, and office
uses, together with residential development, within Downtown Smithers.
Permitted Principal Uses
5.2.1 The following principal uses, and no others are permitted in a C-1A zone:
(a)
bank
(b)
club, fraternal lodge
(c)
public or private school, college
(d)
restaurant
(e)
premises licensed for consumption of alcoholic beverages
(f)
entertainment establishment
(g)
funeral home, undertaking establishment
(h)
institutional use
(i)
medical, health service centre
(j)
offices for business, professional services
(k)
off-street parking, including parking garage
(l)
open-air produce market
(m) personal service establishment
(n)
hotel
(o)
printing, publishing
(p)
retail sales
(q)
studio, including artist, display, music, radio, recording, television, photographic
studio
(r)
wholesale sales
(s)
on-site manufacture and sale of hand crafted small goods when totally contained in
a building
(t)
plant nursery and sale of garden supplies
(u) animal hospital and veterinary facility, when totally contained in a building, and
excluding on-site treatment of livestock
(v)
rescue mission
(w)
youth centre
(x)
microbrewery
(y) cannabis retail sales
Division 5 - Commercial Zones
52
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a C-1A zone:
(z) residential use, provided that the portion of the ground floor of the building nearest
the front parcel line shall be used only for permitted principal use(s).
(aa) minor group home, provided that the portion of the ground floor of the building
nearest the front parcel line is used only for permitted principal use(s).
(bb swimming pool
(cc) auction of goods sold in respect of the principal use
(dd) storage and minor repairs of goods sold in respect of the principal use
(ee) Short-Term Rental, provided that the ground floor of the building is used only for
permitted principal uses.
Regulations
5.2.2 In a C-1A zone the following regulations contained in Table 5.2 apply:
Table 5.2
Element
Regulations
Parcel Size and Coverage
Parcel Area
No minimum
Parcel Width
7 metres minimum
Parcel Coverage
100% maximum for all buildings & structures
Principal Buildings
Height
3 storeys or 12 metres maximum, whichever is less
Additional Requirements
5.2.3 The number of dwelling units located at the ground floor, at the rear of and part of the
principal building, as permitted by 5.2.1 (z) shall be is limited to one.
5.2.4 All storage areas shall be located in the rear of the parcel.
5.2.5 Residential parking shall be accessed from the lane and located in the rear or side of the
parcel.
5.2.6 Notwithstanding the restriction established by section 5.2.1. (ee), Short-Term Rental
operation is permitted from the ground floor of the property at 3876 Second Avenue,
legally described as Lots 5-7, Block 95, Plan PRP1054, District Lot 5289, Range 5, Coast
Range 5 Land District, as an auxiliary use to the principal use at the front.
C-1A Residential Overlay (Figure 5.2)
5.2.7 The following additional provisions apply to all properties designated as C-1A Residential
Overlay Zone as shown on Figure 5.2.
Division 5 - Commercial Zones
53
5.2.7.1 Permitted Principal Uses:
(a) Single-detached dwelling
(b) Semi-detached dwelling
(c) Townhouse
(d) Houseplex
(e) Group Home (minor and major)
5.2.7.2 Permitted auxiliary uses:
(f) Secondary suite
(g) Carriage home
(h) Short term rental
(i) Bed and breakfast
5.2.7.3 All auxiliary structures provisions (Section 2.15.2) apply to the C-1A Residential
Overlay Zone as outlined on Figure 5.2.
Figure 5.2
Division 5 - Commercial Zones
54
5.2.7.4 All regulations provided under Table 5.2 (Section 5.2.2) shall apply to the C-1A
Residential Overlay Zone as outlined on Figure 5.2.
5.2.7.5 On a parcel in the C-1A Residential Overlay Zone a lane may be used for vehicular
access for all permitted residential uses.
5.2.7.6 Once the principal use of a Residential Overlay Zone property changes from residential
to commercial, the property shall comply with the C-1A Downtown Commercial Zone
regulations and the previsions of the C-1A Residential Overlay Zone shall no longer
apply, and the property shall be deemed removed from Figure 5.2
Division 5 - Commercial Zones
55
Section 5.3 C-2 Service Commercial Zone
Purpose
The purpose of the C-2 zone is to accommodate a wide variety of commercial services which
are auto-oriented.
Permitted Principal Uses
5.3.1 The following principal uses, and no others are permitted in a C-2 zone:
(a)
automobile, motorcycle, snowmobile, boat, manufactured home, and recreational
trailer and vehicle sales and rentals, repair shops, and auto body shops
(b)
vehicle washing establishment
(c)
document and parcel delivery depot
(d)
sales of fresh fruits, vegetables, and seafood in open air market
(e)
sales and service of tires, mufflers, brakes and automotive transmissions,
radiators, engine servicing and rebuilding, automotive diagnostic services
(f)
plant nursery and sale of farm and garden supplies
(g)
passenger transport depot
(h)
sales, service, repair and rental of tools and appliances when fully enclosed within
a building
(i)
auctions other than of livestock when fully enclosed within a building
(j)
Laundromat, laundry, and dry cleaning serving commercial, industrial, and
institutional uses
(k)
warehouses
(l)
wholesale sales
(m)
building materials supply and sales
(n)
trucking and freight depot
(o)
soil and rock sample preparation facility
(p)
microbrewery
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in the C-2 zone:
(q)
office use
(r)
residential use, provided that the portion of the ground floor of the building nearest
the front parcel line shall be used only for permitted principal use(s).
(s)
fuel pumps auxiliary to:
(i)
automobile, boat, recreational trailer and vehicle sales and rentals
(ii)
indoor vehicle washing establishments
Division 5 - Commercial Zones
56
(iii)
sales and service of tires, mufflers, brakes, automotive transmissions,
radiator servicing, tune-up, and evaluation service
(t)
auction use of goods sold in respect of the principal use
(u)
commercial bathrooms and showers
(v)
retail sales of goods not otherwise permitted as a principal use provided that such
retail sales are limited to 4 days per parcel per calendar year
(w)
minor group home, provided that the portion of the ground floor of the building
nearest the front parcel line is used only for permitted principal use(s).
Regulations
5.3.2 In the C-2 zone the following regulations contained in Table 5.3 apply:
Table 5.3
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,050 m2 minimum
Parcel Width
25 metres minimum
Parcel Coverage
50% maximum for all buildings and structures
Principal Buildings
Setbacks
front yard
side yard
exterior
3 metres minimum
3.5 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Additional Requirements
5.3.3 The number of dwelling units located at the ground floor, at the rear of and part of the
principal building, as permitted by Section 5.3.1 (r) shall be is limited to one
5.3.4 All storage areas shall be located in the rear or side yard areas of a parcel.
5.3.5 Parking, display, rental, and sales areas are permitted in the front, rear or side yards.
5.3.6 Every business and undertaking shall be conducted within a completely enclosed
building, except:
(a)
parking and loading
(b)
storage yards that are screened from view from outside the area
(c)
outdoor display, rental, or sales areas
5.3.7 Passenger Transportation Depots - Parking and loading
Division 5 - Commercial Zones
57
(a)
There shall be a minimum of 3 off-street loading and unloading spaces for buses
and a minimum of 2 off-street storage spaces for buses. Each of these spaces
shall be a minimum of 3 metres by 12.5 metres.
(b)
There shall be a minimum of 2 off-street vehicle parking spaces for bus drivers, 2
vehicle parking spaces for employees of the Passenger Transportation Depot and
4 vehicle parking spaces for public use.
(c)
All Passenger Transportation Depots shall provide ingress and egress for buses
of sufficient width to safely accommodate the vehicles and provide a minimum
outside turning radius of 13 metres and a minimum inside turning radius of 8.8
metres for all turning movements. All manoeuvring aisles shall be signed to
indicate directions of bus traffic, and bus loading/unloading and storage spaces.
Signs shall be of metal, secured to metal posts that are permanently mounted,
with lettering or numerals of a minimum of 150 millimetres in height.
Division 5 - Commercial Zones
58
Section 5.4 C-3 Tourist Commercial Zone
Purpose
The purpose of the C-3 zone is to accommodate a wide variety of services oriented to the
traveling public, including hotels\motels and restaurants.
Permitted Principal Uses
5.4.1 The following principal uses, and no others are permitted in a C-3 zone:
(a) tourist accommodation including hotels and motels
(b) restaurant
(c) premises licensed for consumption of alcoholic beverages
(d) visitor information centre
(e) recreational vehicle park or campground
(f) entertainment and recreational uses
(g) microbrewery
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a C3 zone:
(h) office uses
(i) residential use, provided that the portion of the ground floor of the building nearest
the front parcel line shall be used only for permitted principal uses
(i) where contained in a hotel:
i. assembly, confectionery, hair stylist, barbershop, shoeshine, entertainment, retail
sales, indoor recreation or restaurant uses, and premises licensed for
consumption and retail sale of alcoholic beverages
(k) short-Term Rental, provided that the ground floor of the building is used only for
permitted principal uses.
(l) minor group home, provided that the portion of the ground floor of the building nearest
the front parcel line is used only for permitted principal use(s).
Regulations
5.4.2 In a C-3 zone the following regulations contained in Table 5.4 apply:
Table 5.4
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,050 m2 minimum
Parcel Width
25 metres minimum
Parcel Coverage
50% maximum for all buildings and structures
Division 5 - Commercial Zones
59
Table 5.4
Element
Regulations
Principal Buildings
Setbacks
front yard
side yard
exterior
3.0 metres minimum
2 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Additional Regulations
5.4.3 The number of dwelling units located at the ground floor, at the rear of and part of the
principal building, as permitted by 5.4.1 (i) shall be is limited to one.
60
Section 5.5 C-4 Service Station Commercial
Purpose
The purpose of the C-4 zone is to accommodate service stations and gas stations with
convenience stores and/or restaurants.
Permitted Principal Uses
5.5.1 The following principal uses, and no others are permitted in a C-4 zone:
(a)
service stations
(b)
convenience stores in conjunction with service stations
(c)
Restaurants in conjunction with service stations
Permitted Auxiliary Uses
And the following and no others auxiliary uses are permitted in a C-4 Zone:
(d)
Residential use, not more than one dwelling unit
Regulations
5.5.2 In a C-4 zone, the following regulations contained in Table 5.5 apply:
Table 5.5
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,100 m2 minimum
Parcel Width
25 metres minimum
Parcel Coverage
40% maximum for all buildings and structures
Principal Buildings
Maximum Number of Buildings
2
Setbacks
front yard
side yard
6 metres minimum
3.5 metres minimum
Height
6 metres maximum
Additional Requirements
5.5.3 A service station shall be bounded on front and exterior side parcel lines by a landscape
screen of not less than 0.6 metres in height except for points of egress and access.
5.5.4 A service station on a controlled access highway shall have no access and egress points
closer than 15 metres from the point of intersections of the front and exterior side parcel
lines. A service station on other than a controlled access highway shall have no access
and egress points closer than 7.6 metres from the point of intersection of the front and
exterior side parcel lines.
5.5.5 Fuel pumps or fuel devices shall not be located less than 4.5 metres from a parcel line.
5.5.6 Where a canopy, whether a freestanding structure or attached to the principal building,
extends over fuel dispensing facilities, the minimum distance to an abutting front, rear
and exterior side parcel line as required elsewhere in this bylaw, may be reduced by not
61
more than 1.7 metres and the minimum distance to an abutting interior side parcel line
as required elsewhere in this bylaw, may be reduced by not more than 50% percent.
62
Section 5.6 C-5 Large Scale Retail Commercial
Purpose
The purpose of the C-5 zone is to accommodate retail uses which require large sites and
exposure to high traffic volume.
Permitted Principal Uses
5.6.1The following principal uses and no others are permitted in a C-5 Zone:
(a) automotive service and parts sales
(b) building materials and home improvement sales
(c) garden centres and plant nurseries
(d) retail sales
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a C-5 Zone:
(e) Office use
(f) Outdoor Storage
(g) residential use, provided that the portion of the ground floor of the building nearest
the front parcel line shall be used only for permitted principal use(s).
(h) minor group home, provided that the portion of the ground floor of the building nearest
the front parcel line is used only for permitted principal use(s).
Regulations
5.6.2 In the C-5 zone the following regulations contained in Table 5.6 apply:
Table 5.6
Element
Regulations
Parcel Size and Coverage
Parcel Area
1.2 hectares minimum
Parcel Coverage
40% maximum
Principal Buildings
Setbacks
front yard
side yard exterior
side yard interior
7.5 metres minimum
7.5 metres minimum
7.5 metres minimum
Height
11 Metres maximum
63
5.6.3 Additional Requirements
(a)
The minimum floor area of each retail sales business is 2,800 m2.
(b)
The minimum floor area of each food sales business is 2,300 m2.
(c)
The maximum floor area for a financial or a food service use is 555 m2 and the
use shall be enclosed entirely within the principal building.
(d)
Storage shall take place entirely within a wholly enclosed building, except storage
auxiliary to plant nurseries and garden centres.
(e) The number of dwelling units located at the ground floor, at the rear of and part of
the principal building, as permitted by 5.6.1 (g) shall be is limited to one.
64
Division 6 - Industrial Zones
Section 6.1 M-1 Light Industrial Zone
Purpose
The purpose of the M-1 zone is to accommodate those industrial operations which are mostly or
fully enclosed and require no outdoor storage except as necessary to support the uses permitted.
Permitted Principal Uses
6.1.1 The following principal uses, and no others are permitted in an M-1 zone:
(a)
automobile, motorcycle, boat, and recreational trailer and vehicle sales and
rentals, repair shops, and auto body shops.
(b)
laundry, dry cleaning serving commercial, industrial, and institutional uses
excluding laundromat or coin-operated dry cleaning
(c)
plant nursery and sales of farm and garden supplies
(d)
manufacturing use if totally contained in a building
(e)
trade shop if totally contained in a building
(f)
warehouse use
(g)
wholesale sales
(h)
sales and service of logging and construction materials and supplies, when totally
contained in a building
(i)
animal hospital and veterinary facility when totally contained in a building
(j)
processing and manufacturing of dairy products, when totally contained in a
building
(k)
laboratory, testing facility
(l)
sales and service, rental and repair of tools, when totally contained in a building
(m)
building materials supply, lumber yard
(n)
auctions other than of livestock provided that the auction takes place only in a
building which satisfies the requirements of the British Columbia Building
Regulations for assembly occupancy
(o)
document and parcel delivery depot
(p)
truck terminal and freight depot
(q)
truck or heavy equipment sales, services, repair, excluding wreckage and salvage
yard,
(r)
vehicle washing establishment
(s)
Towing truck business provided that the vehicle compound is fenced and
completely located within the rear yard and excludes auto wrecking or vehicle
salvage
(t)
food exchange
Division 6 - Industrial Zones
65
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an M-1 zone:
(u)
office use
(v)
residential use, provided that the portion of the ground floor of the building nearest
the front parcel line shall be used only for permitted principal use(s).
(w)
employee training facility
(x)
dispensing of fuel for private use
(y)
auction of goods sold in respect of the principal use
(z)
retail sales of food exchange goods to a maximum of 10% of total gross floor area
of the building or 92.9 m2 (1,000 ft2), whichever is less
(aa)
sale and service of products manufactured on the same parcel and only those
goods and supplies normally associated a trade shop
(bb)
fuel pumps auxiliary to:
(i)
automobile, boat, recreational trailer and vehicle sales and rentals
(ii)
indoor vehicle washing establishments
(ii)
a truck terminal and freight depot
(cc) minor group home, provided that the portion of the ground floor of the building
nearest the front parcel line is used only for permitted principal use(s).
Regulations
6.1.2 In an M-1 zone the following regulations contained in Table 6.1 apply:
Table 6.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,050 m2 minimum
Parcel Width
27.5 metres minimum
Parcel Coverage
75% maximum for all buildings and structures
Principal Buildings
Setbacks
front yard
rear yard
where a rear yard abuts a
highway other than a lane
for all other parcels
side yard
exterior
3 metres minimum
3 metres minimum
0, subject to the provision of unobstructed space for
garbage pickup of at least 3 metres in width, 2 metres in
depth and 3.5 metres in vertical clearance
4.5 metres minimum
Height
12 metres maximum
Auxiliary Buildings
Height
12 metres maximum
Additional Requirements
Division 6 - Industrial Zones
66
6.1.3 No manufacturing use may include more than 50 m2 or 10% of the gross floor area,
whichever is less, devoted to retail sales or display of goods manufactured, assembled,
disassembled, or repaired on site.
6.1.4 No wholesale or warehouse use may include more than 50.0 m2 or 10% of the gross floor
area, whichever is less, devoted to display of goods.
6.1.5 The number of dwelling units located at the ground floor, at the rear of and part of the
principal building, as permitted by 6.1.1 (v) shall be is limited to one.
Division 6 - Industrial Zones
67
Section 6.2 M-2 Medium Industrial Zone
Purpose
The purpose of the M-2 zone is to accommodate those industrial operations which are partially
enclosed and require some outdoor storage.
Permitted Principal Uses
6.2.1 The following principal uses, and no others are permitted in the M-2 zone:
(a)
automobile, motorcycle, boat, manufactured home, and recreational trailer and
vehicle sales and rentals, repair shops, and auto body shops
(b)
laundry, dry cleaning serving commercial, industrial, and institutional uses
excluding laundromat or coin-operated dry cleaning
(c)
dispensing of fuel
(d)
manufacturing use if totally contained in a building
(e)
truck terminal and railway freight depot
(f)
farm machinery, farm equipment sales, service; sale of farm, garden supplies
(g)
trade shop and as auxiliary use, the sale and service of products manufactured
on the same parcel and only those goods and supplies normally associated with
the trade
(h)
indoor, outdoor storage including shipping containers, excluding auto wrecking or
storage
(i)
wholesale sales
(j)
works yard
(k)
asphalt, concrete plant, rock and gravel crushing
(l)
dog pound
(m)
sales and service of logging and construction materials and supplies
(n)
animal hospital and veterinary facility when totally contained in a building
(o)
processing, manufacturing dairy products
(p)
laboratory, testing facility
(q)
sales and service, rental, and repair of tools
(r)
building materials supply, lumber yard
(s)
auctions other than of livestock provided that the auction takes place only in a
building which satisfies the requirements of the British Columbia Building
Regulations for assembly occupancy
(t)
documents and parcel delivery depot
(u)
fuel sales - wood
(v)
vehicle washing establishment
(w) commercial cardlock facility
Division 6 - Industrial Zones
68
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an M-2 zone:
(x)
office use
(y)
residential use, provided that the portion of the ground floor of the building nearest
the front parcel line shall be used only for permitted principal use(s)
(z)
auction of goods sold in respect of the principal use
(aa) fuel pumps exclusively auxiliary to principal uses on a parcel
(bb)
minor group home, provided that the portion of the ground floor of the building
nearest the front parcel line is used only for permitted principal use(s).
Regulations
6.2.2 In the M-2 zone the following regulations contained in Table 6.2 apply:
Table 6.2
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,700 m2 minimum
Parcel Width
30 metres minimum
Parcel Coverage
75% maximum for all buildings and structures
Principal Buildings
No. of Principal Buildings
2 maximum
Setbacks
front yard
rear yard
where a rear yard adjoins a
dedicated railway right-or-way
or a lane contiguous to a
parcel zoned R-1, R-2, R-3, R-
4, or R-5
for all other parcels
side yard
exterior
interior
asphalt plant and gravel crushing
plant
3 metres minimum
0 metres
4.5 metres minimum
4.5 metres minimum
4.5 metres minimum on at least one side yard
600 metres minimum from a parcel located in an R-1, R-2,
R-3, R-4, or R-5 zone or an area designated for residential
use under the Official Community Plan
Height
12 metres maximum
Auxiliary Buildings
Height
12 metres maximum
Division 6 - Industrial Zones
69
Additional Requirements
6.2.3 No manufacturing use shall include more than 50 m2 or 10% of the gross floor area,
whichever is less, devoted to retail sales or display of goods manufactured, assembled,
disassembled, or repaired on site.
6.2.4 No wholesale or warehouse use shall include more than 50 m2 or 10% of the gross floor
area, whichever is less, devoted to display of goods.
6.2.5 Outdoor storage must be screened with a 1.8 m hedge or landscaping if visible from the
abutting portion of Highway 16.
6.2.6 Notwithstanding the list of permitted uses provided under section 6.2.1 of this bylaw,
heliport use shall be permitted as a principal use on Lot 2, Plan PRP9533, Section 30,
Township 4, Range 5, Coast Range 5 Land District, Except Plan PRP13908.
6.2.7 Notwithstanding the regulations provided under section 6.2.2 of this bylaw, the land
described in section 6.2.6 of the bylaw shall contain only one principal building.
6.2.8 The number of dwelling units located at the ground floor, at the rear of and part of the
principal building, as permitted by 6.2.1 (x) shall be is limited to one
Division 6 - Industrial Zones
70
Section 6.3 M-3 Heavy Industrial Zone
Purpose
The purpose of the M-3 zone is to accommodate those industrial operations which largely involve
outdoor activities, including storage of materials used in operations.
Permitted Principal Uses
6.3.1 The following principal uses, and no others are permitted in an M-3 zone:
(a)
contractors' yard and storage building
(b)
distilling, incinerating, tanning, or rendering of fish, animal or vegetable products
and the manufacture of paper or rubber
(c)
works yard
(d)
industrial service industry including heavy equipment overhaul and repair, welding
shop, electrical shop, plumbing and heating shop, blacksmith shop
(e)
junk yard, wrecking yard, or salvage yard
(f)
manufacturing, processing, refining, mixing or bulk storing of petroleum, bitumen,
coal tar products or derivatives, and corrosive, noxious, highly flammable, or
explosive materials, chemicals, gases, and fission or fused products
(g)
operation of sawmills, hammer mills, rolling mills, blast furnaces, foundries, drop
forges, brick kilns, flour mills
(h)
operation of stockyards, the slaughtering of animals or poultry, the manufacturing
of fertilizer
(i)
secondary
manufacturing
industries
including
furniture
manufacture,
manufactured home building, wood products manufacturing, textile manufacturing
(j)
smelting, refining and reducing of minerals or metallic ores
(k)
transportation uses including truck terminal, railways, freight handling and
passenger transportation depot
(l)
asphalt, concrete plant, rock and gravel crushing
(m)
fuel sales - wood
(n) commercial cardlock facility
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in an M-3 zone:
(o)
office use exclusively auxiliary to a permitted principal use
(p)
residential use, not more than one dwelling unit per parcel
(q) fuel pumps exclusively auxiliary to principal uses on a parcel
Division 6 - Industrial Zones
71
Regulations
6.3.2 In an M-3 zone the following regulations contained in Table 6.3 shall apply:
Table 6.3
Element
Regulations
Parcel Size and Coverage
Parcel Area
2 hectares minimum
Parcel Width
Not restricted
Parcel Coverage
60% maximum for all buildings and structures
Principal Buildings
No. of Principal Buildings
Unlimited
Setbacks
front yard
rear yard
side yard
except where a parcel line is
contiguous to a railway right
of way no setback is required
in respect of that parcel line
6 metres minimum
6 metres minimum
6 metres minimum
Height
12 metres maximum
Auxiliary Buildings
Height
12 metres maximum
Division 6 - Industrial Zones
72
Section 6.4 M-3A Limited Heavy Industrial Zone
Purpose
The purpose of the M-3A zone is to accommodate limited industrial operations related to the
forest industry.
Permitted Principal Uses
6.4.1 The following principal uses, and no others are permitted in the M-3A zone:
(a)
log storage
(b)
wood fiber storage
(c)
logging equipment storage
(d)
snow storage
(e)
finished forest product storage
(f)
log, lumber, and wood fiber transportation
(g)
water treatment facility
(h)
landfill for non-hazardous wood waste
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in the M-3A zone:
(i)
office use exclusively auxiliary to a permitted principal use
(j)
residential use, not more than one dwelling unit per parcel
(k) fuel pumps exclusively auxiliary to principal uses on a parcel
Regulations
6.4.2 In the M-3A zone the following regulations contained in Table 6.4 apply:
Table 6.4
Element
Regulations
Parcel Size and Coverage
Parcel Area
2 hectares minimum
Parcel Width
Not restricted
Parcel Coverage
60% maximum for all buildings and structures
Principal Buildings
No. of Principal Buildings
Unlimited
Division 6 - Industrial Zones
73
Table 6.4
Element
Regulations
Setbacks
front yard
rear yard
side yard
except where a parcel line is
contiguous to a railway right
of way no setback is required
in respect of that parcel line
6 metres minimum
6 metres minimum
6 metres minimum
Height
12 metres maximum
Auxiliary Buildings
Height
12 metres maximum
74
Division 7 - Public Use Zones
Section 7.1 P-1 Public Amenity Zone
Purpose
The purpose of the P-1 zone is to accommodate a wide range of public amenities and public
facilities.
Permitted Principal Uses
7.1.1 The following and no other Principal uses are permitted in the P-1 Zone:
(a)
federal, provincial, or municipal parks including boat launching areas, places of
historical or geological interest
(b)
cultural and recreational facilities including but not restricted to arena, auditorium,
community center, skating rink, curling rink, tennis court, racquet sports,
swimming pool
(c)
open recreational area and playground
(d)
play field
(e)
green belt, pathway and trail
(f)
farmers' market
(g)
visitor information centre
(h) campground, recreational vehicle park
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a P-1 Zone;
(i)
residential use, not more than one dwelling unit per parcel
(j)
retail sales of goods related to the principal use
Regulations
7.1.2 In a P-1 zone the following regulations contained in Table 7.1 apply:
Table 7.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,120 m2 minimum
Parcel Width
Not restricted
Parcel Coverage
50% maximum for all buildings and structures
Principal Buildings
No. of Principal Buildings
Not restricted
Division 7 - Public Use Zones
75
Table 7.1
Element
Regulations
Setbacks
front yard
rear yard
side yard
6 metres minimum
3 metres minimum
3 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Auxiliary Buildings
Height
12 metres maximum
Division 7 - Public Use Zones
76
Section 7.2 P-1A Public Utility Zone
Purpose
The purpose of the P-1A zone is to accommodate a range of public and institutional facilities that
require large land areas.
Permitted Principal Uses
7.2.1 The following principal uses, and no others are permitted in a P-1A zone:
(a)
fire hall
(b)
police station
(c)
public utility
(d)
works yard
Regulations
7.2.2 On a parcel in a P-1A zone the following regulations contained in Table 7.2 apply:
Table 7.2
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,120 m2 minimum
Parcel Width
Not restricted
Parcel Coverage
50% maximum for all buildings and structures
Principal Buildings
No. of Principal Buildings
Unlimited
Setbacks
front yard
rear yard
side yard
6 metres minimum
3 metres minimum
3 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Division 7 - Public Use Zones
77
Section 7.3 P-2 Public Use Two Zone
Purpose
The purpose of the P-2 zone is to accommodate a range of public use facilities that require large
land areas, such as fairgrounds and exhibition sites.
Permitted Principal Uses
7.3.1 The following and no other uses are permitted in a P-2 zone:
(a)
assembly, cultural and recreational facilities including but not limited to arena,
auditorium, community center, skating rink, curling rink, tennis court, racquet
sports, swimming pool
(b)
golf course
(c)
campground, recreational vehicle park
(d)
hospital, personal care center, intermediate and extended long term care
facility, assisted living, rest homes, retirement housing, senior citizens'
housing, receiving homes, and transitional housing
(e)
school, college, nursery school, kindergarten
(f)
public library, museum, art gallery, visitor information centre
(g)
cemetery
(h)
fairgrounds, exhibition grounds, circus, providing that for these uses the
minimum parcel area is 16 hectares
(i)
youth center, provided that premises licensed for the consumption of
alcoholic beverages are not permitted on the same parcel
(j)
child development centre
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a P-2 Zone:
(k)
residential use, not more than one dwelling unit per parcel
(m)
general commercial retail sale of goods not otherwise permitted as a principal use
provided that such retail sales are limited to 4 days per parcel per calendar year
Regulations
7.3.2 In the P-2 zone the following regulations contained in Table 7.3 apply:
Table 7.3
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,120 m2 minimum
Parcel Width
Not restricted
Parcel Coverage
50% maximum for all buildings and structures
Division 7 - Public Use Zones
78
Principal Buildings
Maximum number of buildings
Unlimited
Setbacks
front yard
rear yard
side yard
6 metres minimum
3 metres minimum
3 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Auxiliary Buildings
Height
12 metres maximum
Division 7 - Public Use Zones
79
Section 7.4 P-3 Public Use Three Zone
Purpose
The purpose of the P-3 zone is to accommodate places of worship, including churches.
Permitted Principal Uses
7.4.1 The following principal use and no other is permitted in a P-3 zone:
(a)
place of worship
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a P-3 zone:
(b)
assembly use
(c)
residential use, not more than one dwelling unit per parcel
Regulations
7.4.2 In a P-3 zone the following regulations contained in Table 7.4 apply:
Table 7.4
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,100 m2 minimum
Parcel Width
Not restricted
Parcel Coverage
50% maximum for all buildings and structures
Principal Buildings
Maximum number of buildings
1
Setbacks
front yard
rear yard
side yard
interior
exterior
6 metres minimum
6 metres minimum
6 metres minimum
6 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Division 7 - Public Use Zones
80
Section 7.5 P-4 Central Park Zone
Purpose
The purpose of the P-4 zone is to accommodate the unique combination of uses that can occur
within Central Park.
Permitted Principal Uses
7.5.1 The following and no other Principal uses are permitted in a P-4 Zone:
(a)
federal, provincial, or municipal parks including places of historical or geological
interest
(b)
cultural and recreational facilities including but not restricted to arena, auditorium,
community center, skating rink, curling rink, tennis court, racquet sports,
swimming pool
(c)
open recreational area and playground
(d)
play field
(e)
green belt, pathway, and trail
(f)
farmers' market
(g)
visitor information centre
(h)
studio, including artist, display, music, radio, recording, television, photography
studio
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a P-4 Zone;
(i)
residential use, not more than one dwelling unit per parcel
(j)
food concession or restaurant, premises licensed for consumption of
alcoholic beverages
(k)
retail sales of goods related to the principal use
Regulations
7.5.2 In a P-4 zone the following regulations contained in Table 7.5 apply:
Table 7.5
Element
Regulations
Parcel Size and Coverage
Parcel Area
1,120 m2 minimum
Parcel Width
Not restricted
Parcel Coverage
50% maximum for all buildings and structures
Principal Buildings
No. of Principal Buildings
Not restricted
Division 7 - Public Use Zones
81
Table 7.5
Element
Regulations
Setbacks
front yard
rear yard
side yard
6 metres minimum
3 metres minimum
3 metres minimum
Height
3 storeys or 12 metres maximum, whichever is less
Auxiliary Buildings
Height
12 metres maximum
82
Division 8 - Airport Zones
Section 8.1 AP-1 Airport One Zone
Purpose
The purpose of the AP-1 zone is to accommodate airport and aviation related uses that primarily
make use of airside access.
Permitted Principal Uses
8.1.1 The following and no other principal uses are permitted in a AP1 Zone:
(a)
Airport terminal Building and terminal-related Uses
(b)
Aviation fuel Sales and storage
(c)
Aids for air navigation and safety
(d)
Air cargo facility
(e)
Aircraft operation and storage, including private storage hangars
(f)
Aircraft equipment sales, service, and storage
(g)
Airport Maintenance and Utility Areas
(h)
Airport parking
(i)
Automobile rentals
(j)
Airport taxi facility
(k)
Aviation related document and parcel delivery depot
(l)
Flight training school
(m)
Aviation related trucking and freight depot
(n)
Aviation related warehouse Use and wholesale sales
(o)
Weather observation station and airport-related research facility
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in the AP-1 Zone:
(p)
Fuel pumps for private use only
(q)
Office use
(r)
Outdoor storage
Regulations
8.1.2 In the AP-1 zone the following regulations contained in Table 8.1 apply:
83
Table 8.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
558 m2 minimum
Parcel Width
25 metres minimum
Parcel Coverage
75% maximum for all buildings and structures
Buildings
No. of principal buildings
Not restricted
Principal & auxiliary building setbacks
front yard
rear yard
side yard
interior
exterior
3 metres minimum
3 metres minimum
4.5 metres minimum
4.5 metres minimum
Height
12 metres maximum
Additional Requirements:
8.1.3 Any storage of equipment shall be enclosed or screened.
8.1.4 Outdoor storage areas shall be screened with an opaque fence.
8.1.5 Parcels in this zone may be subject to the Smithers Airport Zoning Regulations under
the Aeronautics Act (Canada).
8.1.6 Where a party wall between units coincides with an interior side parcel line, no
setbacks shall be required from the interior side parcel line.
84
Section 8.2 AP-2 Airport Industrial Zone
Purpose
The purpose of the AP-2 zone is to accommodate an industrial park.
Permitted Principal Uses
8.2.1 The following and no other principal uses are permitted in the AP2 Zone:
(a)
Aids for air navigation and safety
(b)
Air cargo facility
(c)
Aircraft operation and storage, including private storage hangars
(d)
Aircraft equipment sales, service, and storage
(e)
Airport Maintenance and Utility Areas
(f)
Airport parking
(g) Airport Taxi Facility
(h)
Automobile rentals
(i)
Document and parcel delivery depot
(j)
Flight training school
(k)
Fuel Storage
(l)
Military / Air Force
(m)
Mini Storage
(n)
Trucking and freight depot
(o)
Warehouse Use and Wholesale sales
(p)
Weather observation station and airport-related research facility
(q)
Camp Services and Expediting Operations, including offices, outdoor storage
and warehousing
(r)
Food Packaging, Repackaging, Operations
(s)
Labelling Operations
(t)
Industrial, Primary
(u)
Laboratory, Testing Facility
(v)
Aviation related office use
Auxiliary Uses
And the following and no other auxiliary uses are permitted in the AP-2 Zone:
(w)
Fuel pumps for private use only
(x)
Office use
(y)
Outdoor storage
(z) Retail Sales and Display of Goods to a maximum of fifty (50) m2 or 10% of the
gross floor area, whichever is less, used for retail sales and display of goods.
85
Regulations
8.2.2 In an AP-2 zone the following regulations contained in Table 8.2 apply:
Table 8.2
Element
Regulations
Parcel Size and Coverage
Parcel Area
558 m2 minimum
Parcel Width
25 metres minimum
Parcel Coverage
75% maximum for all buildings and structures
Buildings
No. of principal buildings
Not restricted
No. of auxiliary buildings
1
Principal & auxiliary building setbacks
front yard
rear yard
side yard
interior
exterior
3 metres minimum
3 metres minimum
4.5 metres minimum
4.5 metres minimum
Height
12 metres maximum
Additional Requirements
8.2.3 Any storage of equipment shall be enclosed or screened.
8.2.4 Outdoor storage areas shall be screened with an opaque fence.
8.2.5 Development, subdivision regulations, setback and height requirements in the airport
zones shall be subject to the regulations of Transportation Canada and NAV Canada.
8.2.6 Where a party wall between units coincides with an interior side parcel line, no setbacks
shall be required from the interior side parcel line.
86
Division 9 - Comprehensive Development Zones
Section 9.1 CD-1 Comprehensive Development Zone 1
Purpose
The purpose of the CD-1 zone is to accommodate a mix of land uses associated with a multi-
faceted supportive housing program in one principal building.
Permitted Principal Uses
9.1.1 The following principal uses, and no others are permitted in a CD 1 zone:
(a) Supportive Housing including complex care units and emergency shelter
Permitted Auxiliary Uses
And the following and no other auxiliary uses are permitted in a CD 1 zone:
(b) Counselling, education and social services
(c) Meal services
(d) Medical care
(e) Retail sales and services for residents
Regulations
9.1.2 In the CD 1 zone the following regulations contained in Table 9.1 apply:
Table 9.1
Element
Regulations
Parcel Size and Coverage
Parcel Area
No minimum
Parcel Width
No minimum
Parcel Coverage
75% maximum for all buildings and structures
Density
Maximum one dwelling unit per 33.8 m2 of parcel area
Principal Building
Setbacks
front yard
rear yard
side yard
exterior
interior
0 metres
0 metres
0 metres
0 metres
Height
3 storeys or 12 metres maximum, whichever is less
87
Division 10 - Administration & Enforcement
Section 10.1 Administration
10.1.1 The Building Inspector, or Bylaw Enforcement Officer, or a designate is authorized to
administer and enforce this Bylaw.
10.1.2 A bylaw administrator as authorized by section 10.1.1 of this bylaw, may enter on any
land that is subject to regulation under this bylaw, at all reasonable times, any day of the
week, to ascertain if the regulations or directions under this bylaw are being observed.
10.1.3 Prior to entering a property in accordance with 10.1.2, the administrator shall obtain either
the consent of the property owner and/or the resident or provide them with 24 hours
advance inspection notice.
Section 10.2 Offence
10.2.1 Every person who:
(a)
violates any of the provisions of this bylaw;
(b)
causes or permits any act or thing to be done in contravention or violation of any
of the provisions of this bylaw;
(c)
neglects or omits to do anything required under this bylaw;
(d)
carries out, causes or permits to be carried out any development in a manner
prohibited by or contrary to any of the provisions of this bylaw;
(e)
fails to comply with an order, direction or notice given under this bylaw; or
(f)
prevents or obstructs or attempts to prevent or obstruct the authorized entry of
the bylaw administrator on land under Section 10.1.2.
shall be deemed to be guilty upon summary conviction of an offence under this bylaw.
10.2.2 Each day's continuation of an offence under Section 10.2.1 constitutes a new and distinct
offence.
10.2.3 Every person who commits an offence under this bylaw is liable on summary conviction
to a fine not exceeding $10,000.00 and the costs of prosecution as provided for in the
Community Charter.
10.2.4 This Bylaw may be enforced by means of the Town of Smithers Bylaw Notice
Enforcement Bylaw and the fines established thereby for various categories of
violations.
Section 10.3 Administrative Provisions
10.3.1 Bylaw No. 1936, cited as "Town of Smithers Zoning Bylaw No. 1936, 2022" and all
amendments are repealed.
CITATION:
This Bylaw may be cited for all purposes as "The Town of Smithers Zoning Bylaw No.
1987", and comes into effect on the date of adoption
READ A FIRST TIME THIS 11TH DAY OF MARCH 2025.
READ A SECOND TIME THIS 11TH DAY OF MARCH 2025.
RESCIND SECOND READING THIS 6TH DAY OF MAY 2025.
RE-READ SECOND READING THIS 5TH DAY OF MAY 2025.
PUBLIC HEARING HELD THIS 27TH DAY OF MAY 2025.
READ A THIRD TIME THIS 27TH DAY OF MAY 2025.
RESCIND THIRD READING THIS 10TH DAY OF JUNE 2025.
PUBLIC HEARING HELD THIS 10TH DAY OF JUNE 2025.
RE-READ THIRD READING THIS 10TH DAY OF JUNE 2025.
APPROVAL FROM MINISTRY OF TRANSPORTATION AND TRANSIT RECEIVED THIS 13TH
DAY OF JUNE, 2025.
ADOPTED THIS 17TH DAY OF JUNE 2025.
The Corporate Seal of the Town of Smithers
was hereto affixed in the presence of
SEAL
~
--
Gladys Atrill
Mayor
MichaelDear
Corporate Administrator (CAO)
CERTIFIED A TRUE AND CORRECT
COPY of Bylaw No. as "Zoning Bylaw No.
1987". ~/
David Schroeter
Corporate Officer
Attached: SCHEDULE A
88
Town of Smithers
AIRPORT INSET
0
0.25 0.5
Scale: 1:10,000
1km
Zoning Bylaw
Schedule A: Zoning