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TABLE OF CONSOLIDATIONS
i
TOWNSHIP OF SPALLUMCHEEN
ZONING BYLAW NO. 1700, 2008
CONSOLIDATED WITH AMENDMENTS FOR CONVENIENCE
ONLY
TABLE OF CONSOLIDATIONS
AMENDMENT BYLAWS:
BYLAW TEXT AMENDMENTS
Bylaw No.
Adopted
Summary
Bylaw No. 1569, 2006
Mar 19, 2012
Lot 1 KAP86286 A.2 off-farm product processing
Bylaw No. 1656, 2006
Nov 3, 2008
4782 HWY 97A A.2 permitted agri-tourism use
Bylaw No. 1728, 2008
Mar 2, 2009
Lot A KAP78698 LH home based busi. regs
Bylaw No. 1750, 2009
Aug 4, 2009
1580 Mountain View Rd A.2 home based busi. regs
Bylaw No. 1759, 2009
Dec 7, 2009
994 HWY 97A R.5 detached garage permitted
Bylaw No. 1767, 2010
May 2, 2011
C.7 amendment to include driving lessons
Bylaw No. 1769, 2010
Oct 4, 2010
3811 HWY 97A home based business. regs
Bylaw No. 1811, 2011
Dec 16, 2011
A.2 and L.H home based business. regs
Bylaw No. 1818, 2011
Feb 6, 2012
Lot 3 KAP47909 lot area not < 8.08 hectares
Bylaw No. 1819, 2012
Dec 3, 2012
SH second SFD permitted on lots not < 2 hectares
Bylaw No. 1829, 2012
July 13, 2015
Minimum lot size 30.5 ha or as approved by the ALC
Bylaw No. 1855, 2013
Oct 6, 2014
Definition Home based busi. Excludes Cannabis
Bylaw No. 1895, 2015
Oct 19,2015
Sec 23 Twp 7 ODYD A.2 agri-tourism exemption
Bylaw No. 1897, 2015
Jan 18, 2016
1665 Whitaker Rd Accessory building
Bylaw No. 1938, 2017
Sept 18, 2017
Detached suites and secondary dwellings
Bylaw No. 1961, 2018
Oct 1, 2018
Cannabis regulation in Twp zones
Bylaw No. 1948, 2017
Nov 19, 2018
SE1/4 Sect 14 Twp 7 ODYD waste water
Bylaw No. 1944, 2017
April 15, 2019
4300 Maw Rd special events on A.2
Bylaw No. 1986, 2019
Aug 17, 2019
Twp zones and cannabis on A.2
Bylaw No. 1990, 2019
Dec 2, 2019
Min lot sz and front. in subs resulting in = # of lots
TABLE OF CONSOLIDATIONS
ii
Bylaw No. 2003, 2020
Nov. 2, 2020
SE1/4 Sect14, Twp 7ODYD waste water
Bylaw No. 2033, 2020
Dec 22, 2020
SE1/4 Sect14, Twp 7 ODYD waste water
Bylaw No. 2029, 2021
Apr. 6, 2021
Minimum lot size for subdivision
Bylaw No. 2047, 2021
Jun 2, 2021
4305 L&A Cross Rd specific use: feed mill
Bylaw No. 2063, 2022
Feb 7, 2022
Cannabis production facilities reg
Bylaw No. 2064, 2022
Feb 7, 2022
Lotus cannabis exemption from reg
Bylaw No. 2059, 2022
Apr 19, 2022
A.2 agri-tourism accommodation - O'Keefe Ranch
Bylaw No. 2079, 2022
Oct 3, 2022
Lounge agri tourism indoor and outdoor area
Bylaw No. 2075, 2022
March 20, 2023
Lot 9, Plan KAP2010 floor area < 6,968m2
Bylaw No. 2099, 2022
August 21, 2023
Removal of covenant requirements
Bylaw No. 2104, 2023
October 20, 2023
8 Greenhow Rd & 9 Ridgeview Rd - Front yard use
for storage areas
Bylaw No. 2123, 2023
October 20, 2023
Amend definition of Manufactured Home &
Manufactured Home, Modular
Bylaw No. 2110, 2023
December 4, 2023
Amend accessory structures in R.1 Zone & Addition
of Cluster Development in S.H Zone
Bylaw No. 2135, 2034
May 21, 2024
Text amendments to definitions, back yard hens, bed
& breakfast use, A.2 Zone updates to reflect ALR,
parking space requirements and others
TABLE OF CONSOLIDATIONS
iii
BYLAW MAPPING AMENDMENTS
Bylaw No.
Adopted
Summary
Bylaw No. 1645, 2008
Oct 20, 2008
Lot 2 DL1016 KDYD portion A.2 to SH
Bylaw No. 1655, 2008
Sept 15, 2008
Lot 1, Sec 26, Twp 17, Plan 29374 A.2 to
C.R
Bylaw No. 1699, 2008
Jun 18, 2012
SE ½ 160 Rods DL990 KDYD A.2 to R.1 and
C.R
Bylaw No. 1720, 2008
Jan 11, 2010
NE 1/4 Sec 27 Twp 7 ODYD L.H & A.2 to A.2
Bylaw No. 1733, 2009
Jun 1, 2009
Lot 2 Sec 34 Twp 8 ODYD A.2 to C.R
Bylaw No. 1740, 2009
Jun 1, 2009
4255 Wyatt Rd A2 to SH
Bylaw No. 1783, 2010
Jan 10, 2011
1212 Page Rd LH to SH
Bylaw No. 1806, 2011
Dec 19, 2011
4885 Lansdowne Rd A2 to SH
Bylaw No. 1809, 2010
Aug 10, 2015
1210 Hwy 97A I.5 to I..1
Bylaw No. 1810, 2010
Nov 7, 2011
4686 Grandview Flats & 1144 Page Rd LH to SH
Bylaw No. 1818, 2011
Feb 6, 2012
Lot 3 KAP47909 Portion A.2 to I.4
Bylaw No. 1829, 2012
Jul 13, 2015
9401 & 9315 Hwy 97 A.2 to C.5
Bylaw No. 1836, 2013
Mar 17, 2014
4590 Chamberlain Rd Portion C.R to S.H
Bylaw No. 1843, 2013
Sept 9, 2013
4668 Lansdowne Rd A.2 to S.H
Bylaw No. 1858, 2014
Jul 14, 2014
12 Ridgeview Rd L.H to S.H
Bylaw No. 1859, 2014
Mar 16, 2015
8041 and 8125 McLennan Rd L.H to S.H
Bylaw No. 1880, 2014
Dec 7, 2015
4704 Salmon River Rd A.2 to C.R
Bylaw No. 1882, 2015
Oct 19, 2015
4670 Grandview Flat Portion L.H to S.H
Bylaw No. 1884, 2015
Sept 6, 2016
4350 Hullcar Rd L.H to C.R
Bylaw No. 1893, 2015
July 13, 2015
4848 Grandview Flats Rd North L.H to S.H
Bylaw No. 1896, 2015
Dec 7, 2015
123 L&A Cross Rd A.2 to I.2
Bylaw No. 1903, 2016
May 16, 2016
4826 North Grandview Flats Rd N L.H to S.H
Bylaw No. 1911, 2016
July 10, 2017
2450 Powerhouse Rd portion changed L.H to C.R
Bylaw No. 1942, 2017
Feb 5, 2018
1751 Rashdale A.2 to C.R
Bylaw No. 1951, 2018
Sept 4, 2018
7955 McLennan Rd L.H to S.H
Bylaw No. 1983, 2019
Sept 18, 2019
210 Greenhow Rd L.H to S.H
Bylaw No. 1985, 2019
Sept 3, 2019
1140 Hwy 97A I.5 to I.2
Bylaw No. 1994, 2019
Dec. 2, 2019
976 Hutley Rd R.5 to R.1
TABLE OF CONSOLIDATIONS
iv
Bylaw No. 1998, 2020
Aug. 17, 2020
684 Otter Lake Cross Rd L.H to I.1
Bylaw No. 2000, 2020
June 20, 2022
9531 Hwy 97 from C.7 to I.2
Bylaw No. 2016, 2020
Sep 14, 2020
4696 Lansdowne Rd A.2 to S.H
Bylaw No, 2027, 2020
Oct. 19, 2020
4851 Lansdowne Rd A.2 to S.H and C.R
Bylaw No. 2029, 2021
Apr. 6, 2021
4305 L&A Cross Rd from A.2 to I.4
Bylaw No. 2052, 2021
Dec 5, 2022
2202 Rashdale Rd A.2 to C.R
Bylaw No. 2070, 2022
Sept 20, 2022
4803 Lansdowne Rd A.2 to C.R
Bylaw No. 2104, 2023
October 20, 2023
8 Greenhow Road & 9 Ridgeview Road L.H to
C.4
Bylaw No. 2113, 2023
November 6, 2023
DL4168, ODYD L.H to S.H
Bylaw No. 2128, 2023
December 4, 2023
5175 Salmon River Rd L.H to C.R &
5185 Salmon River Rd L.H to C.R & S.H
Bylaw No. 2102, 2023
July 15, 2024
4294 Wyatt Rd. A.2 to C.R & S.H
Bylaw No. 2147, 2024
September 9, 2024
4245 Frederick Road L.H to S.H
Bylaw No. 2083, 2022
October 7, 2024
2150 Rashdale Road A.2 to C.R
TABLE OF CONTENTS
v
TABLE OF CONTENTS
TABLE OF CONSOLIDATIONS .............................................................................................I
TABLE OF CONTENTS ...................................................................................................... V
DIVISION ONE - SCOPE AND APPLICABILITY ..................................................................... 1
101
TITLE ................................................................................................................................................... 1
102
SCHEDULES ........................................................................................................................................ 1
103
APPLICATION ..................................................................................................................................... 1
104
COMPLIANCE WITH OTHER LEGISLATION ........................................................................................ 1
105
SEVERABILITY ..................................................................................................................................... 1
106
REPEAL ............................................................................................................................................... 1
107
EFFECTIVE DATE ................................................................................................................................ 1
108
ZONES ................................................................................................................................................. 2
109
OFFICIAL ZONING MAPS.................................................................................................................... 2
110
MEASUREMENTS ............................................................................................................................... 3
111
ENFORCEMENT .................................................................................................................................. 3
112
AMENDMENT PROCEDURE ............................................................................................................... 4
DIVISION TWO - DEFINITIONS ......................................................................................... 5
DIVISION THREE - BASIC PROVISIONS ............................................................................. 17
301
EXISTING LOTS ................................................................................................................................. 17
302
HEIGHT EXCEPTIONS ....................................................................................................................... 17
303
LOT SEVERANCE SUBDIVISIONS ...................................................................................................... 17
304
SETBACK EXCEPTIONS ..................................................................................................................... 17
305
SITING AND BULK OF BUILDINGS AND STRUCTURES .................................................................... 18
306
USE OF LAND, BUILDINGS AND STRUCTURES ................................................................................ 18
307
USE OF LAND WITHIN THE AGRICULTURAL LAND RESERVE ......................................................... 18
308
THE FOLLOWING USES SHALL BE PROHIBITED IN ALL ZONES: ..................................................... 18
309
BOUNDARY ADJUSTMENT SUBDIVISIONS ...................................................................................... 18
DIVISION FOUR - GENERAL REGULATIONS ...................................................................... 20
401
COMMUNITY CARE FACILITIES ........................................................................................................ 20
402
INTENSIVE AGRICULTURAL USE ...................................................................................................... 21
403
OFF-STREET LOADING ..................................................................................................................... 21
404
OFF-STREET PARKING ...................................................................................................................... 21
405
SERVICE UTILITY, ASSEMBLY AND CIVIC USES IN ALL ZONES ........................................................ 23
406
SCREENING AND LANDSCAPING ..................................................................................................... 24
407
SETBACKS FROM CERTAIN HIGHWAYS ........................................................................................... 24
408
SETBACKS FROM WATERBODIES .................................................................................................... 24
409
SETBACKS FROM THE AGRICULTURAL LAND RESERVE.................................................................. 24
410
SIGNAGE ........................................................................................................................................... 25
411
TEMPORARY RESIDENCE DURING THE PERIOD OF CONSTRUCTION OF A NEW RESIDENCE ...... 25
412
TEMPORARY RESIDENCE FOR THE MEDICAL CARE AND NURSING OF AN INFIRM PERSON ....... 26
413
MODULAR CONTAINER STORAGE .................................................................................................. 28
415
BED AND BREAKFAST....................................................................................................................... 28
TABLE OF CONTENTS
vi
416
BACKYARD HENS .............................................................................................................................. 29
417
DOG KENNEL .................................................................................................................................... 29
DIVISION FIVE - COMMERCIAL ZONES ............................................................................ 30
501
HIGHWAY AND TOURIST COMMERCIAL ZONE (C.2) ..................................................................... 30
502
SERVICE COMMERCIAL ZONE (C.4) ................................................................................................ 35
503
RECREATION COMMERCIAL ZONE (C.5) ......................................................................................... 40
504
AGRICULTURAL COMMERCIAL ZONE (C.6) .................................................................................... 44
505
COMPREHENSIVE COMMERCIAL (AUTOMOTIVE VEHICLE RACETRACK AND TRANSPORTATION
FACILITY) ZONE (C.7) .................................................................................................................................... 49
DIVISION SIX - INDUSTRIAL ZONES .................................................................................. 53
601
LIGHT INDUSTRIAL ZONE (I.1) ......................................................................................................... 53
602
GENERAL INDUSTRIAL ZONE (I.2) ................................................................................................... 58
603
AGRICULTURAL INDUSTRIAL ZONE (I.4) ......................................................................................... 62
604
SOIL REMOVAL AND PROCESSING ZONE (I.5) ................................................................................ 67
605
FOREST PRODUCT INDUSTRIAL ZONE (I.6) ..................................................................................... 70
DIVISION SEVEN - RESIDENTIAL ZONES ........................................................................... 73
701
RESIDENTIAL SINGLE FAMILY ZONE (R.1) ....................................................................................... 73
702
RESIDENTIAL MANUFACTURED HOME COMMUNITY ZONE (R.5) ................................................ 79
DIVISION EIGHT - RURAL ZONES ..................................................................................... 80
801
SMALL HOLDING ZONE (S.H.).......................................................................................................... 80
802
COUNTRY RESIDENTIAL ZONE (C.R.) ............................................................................................... 90
803
AGRICULTURAL ZONE (A.2) ............................................................................................................. 99
804
LARGE HOLDING ZONE (L.H.) ........................................................................................................ 126
DIVISION NINE - SPECIAL USE ....................................................................................... 135
901
SPECIAL USE (HERITAGE) ZONE (S.1) ............................................................................................ 135
SCHEDULE A.................................................................................................................. A1
1001 OFFICIAL ZONING MAPS.................................................................................................................. A1
SCHEDULE B .................................................................................................................. B1
1101 OFF-STREET PARKING ...................................................................................................................... B1
SCHEDULE C .................................................................................................................. C1
1201 OFF-STREET LOADING ..................................................................................................................... C1
SCHEDULE D ................................................................................................................. D1
1301 LOT FRONTAGE, AREA, SETBACK, AND DESIGN REQUIREMENTS ................................................. D1
SCHEDULE E ................................................................................................................... E1
1401 ANIMAL UNITS ................................................................................................................................. E1
SCHEDULE F ................................................................................................................... F1
1501 CAMPGROUND REGULATIONS ....................................................................................................... F1
TABLE OF CONTENTS
vii
SCHEDULE G ................................................................................................................. G1
1601 SIGNAGE PROVISIONS: .................................................................................................................... G1
SCHEDULE H ................................................................................................................. H1
1701 SETBACKS FROM WATERBODIES .................................................................................................... H1
SCHEDULE I ..................................................................................................................... I1
1801 SCREENING AND LANDSCAPING ...................................................................................................... I1
SCHEDULE J ................................................................................................................... J1
1901 AGRICULTURAL SETBACKS IN RURAL ZONES .................................................................................. J1
TABLE 1:
Minimum Setbacks From Lot Lines and Water ................................................................. J1
TABLE 2:
Minimum Setbacks From Lot Lines - Residential Zones ................................................... J3
TABLE 3:
Minimum Setbacks From Lot Lines - Other Than Residential Zones ................................ J3
TABLE 4:
Minimum Setbacks From Water - Domestic Water Supply Intake .................................. J5
TABLE 5:
Minimum Setbacks From Water - Natural Watercourse or Constructed Ditch ............... J6
TABLE 6:
Minimum Setbacks From Water - Constructed Ditch ...................................................... J7
DIVISION ONE - SCOPE AND APPLICABILITY
1
DIVISION ONE - SCOPE AND APPLICABILITY
101
TITLE
This Bylaw may be cited for all purposes as the "Township of Spallumcheen Zoning Bylaw
No. 1700, 2008".
102
SCHEDULES
The following schedules are attached to and form part of this Bylaw:
Schedule A - Official Zoning Maps of the Township of Spallumcheen
Schedule B - Off-Street Parking
Schedule C - Off-Street Loading
Schedule D - Lot Frontage, Area, Setback, and Design Requirements
Schedule E - Total Number of Animals Making Up One Animal Unit
Schedule F - Campground Regulations
Schedule G - Signage Provisions
Schedule H - Setbacks from Waterbodies
Schedule I - Screening and Landscaping
Schedule J - Agricultural Setbacks in Rural Zones
103
APPLICATION
The provisions of this Bylaw apply to all land, buildings and structures within the boundaries
of the Corporation of the Township of Spallumcheen.
104
COMPLIANCE WITH OTHER LEGISLATION
Nothing in this Bylaw shall be taken to relieve any person from complying with the
provisions of any other Bylaw of the Township of Spallumcheen or applicable provincial or
federal statute or regulation.
105
SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Bylaw is for any reason held to
be invalid by a decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Bylaw.
106
REPEAL
Bylaw No. 1449, 1999 being the "Corporation of the Township of Spallumcheen Zoning
Bylaw No. 1449, 1999", and all amending Bylaws thereto, are hereby repealed.
107
EFFECTIVE DATE
This Bylaw shall come into force and take effect upon the final reading and adoption thereof.
DIVISION ONE - SCOPE AND APPLICABILITY
2
108
ZONES
The area within the boundaries of the Corporation of the Township of Spallumcheen is
divided into zones with the following designations and their short form equivalents:
Zone Designations
Short Form
Commercial
Highway and Tourist Commercial
C.2
Service Commercial
C.4
Recreation Commercial
C.5
Agricultural Commercial
C.6
Comprehensive Commercial
C.7
Industrial
Light Industrial
I.1
General Industrial
I.2
Agricultural Industrial
I.4
Soil Removal and Processing
I.5
Forest Product Industrial
I.6
Residential
Residential Single Family
R.1
Residential Manufactured Home
Community
R.5
Rural
Small Holding
S.H.
Country Residential
C.R.
Agricultural
A.2
Large Holding
L.H.
Special Use (Heritage)
S.1
109
OFFICIAL ZONING MAPS
1.
The area extent of each zone is as shown on the attached Schedule A, being
the "Official Zoning Maps of the Corporation of the Township of Spallumcheen",
which form an integral part of this Bylaw.
2.
The boundary lines of each zone shall be the centre lines of road allowances,
creeks, rivers, or railways unless referenced to the boundary of a township, section,
quarter section, district lot, subdivision, lot, or deed; or shown otherwise on Schedule
A.
3.
Where a zone boundary does not follow a legally defined line and where the
distances are not specifically indicated, the location of the boundary shall be
determined by scaling from the Zoning Maps.
DIVISION ONE - SCOPE AND APPLICABILITY
3
110
MEASUREMENTS
Metric units are used for all measurements in this Bylaw. The equivalent of those units, in
imperial measure, shown in brackets following each metric measurement, are included for
convenience only.
111
ENFORCEMENT
1.
Inspection:
Every Inspector is hereby authorized to enter upon any lands and premises in the
municipality at all reasonable times to ascertain whether this Bylaw is being
observed.
2.
Violation:
a.
It is an offence for any person to cause, suffer, or permit any building or
structure to be constructed, reconstructed, altered, moved, extended,
occupied, or used, or any land to be occupied or used, in contravention of
this Bylaw or otherwise to contravene or fail to comply with this Bylaw.
b.
It is an offence for any person to prevent or obstruct, or attempt to prevent
or obstruct the authorised entry of the Inspector onto lands or premises in
the municipality.
3.
Penalties:
a.
Every person who violates any of the provisions of this Bylaw or who
suffers or permits any act or thing to be done in contravention of this Bylaw
or who neglects to do or refrains from doing any act or thing which violates
any of the provisions of this Bylaw is liable to the penalties hereby imposed.
Each day that such violation is permitted to exist constitutes a separate
offence.
b.
Any person who violates any of the provisions of this Bylaw, upon
conviction, is liable to a penalty of up to $10,000.00 (ten thousand dollars),
plus the cost of prosecution, or to a term of imprisonment not exceeding 180
days, or both.
4.
Remedial Powers:
The Council may, in accordance with the provisions of the Community Charter and
Local Government Act, authorize the demolition, the removal, or the bringing up to
standard of any building, structure, or thing, in whole or in part, that is in
contravention of this Bylaw.
DIVISION ONE - SCOPE AND APPLICABILITY
4
112
AMENDMENT PROCEDURE
Any person wishing to have this Bylaw amended shall apply in writing, on the appropriate
form, to the Clerk in accordance with the "Township of Spallumcheen Community Plan &
Zoning Amendment Procedures Bylaw No. 1158, 1991".
READ A FIRST TIME this 4th day of February 2008.
READ A SECOND TIME this 4th day of February 2008.
READ A THIRD TIME this 3rd day of March 2008.
Received the approval of the Ministry of Transportation this
31st day of March, 2008.
"Dave Turner"
Senior District Development Technician,
Ministry of Transportation
Advertised on the 24th day of February 2008 and the 27th day of February 2008 and a Public Hearing
held on the 3rd day of March 2008.
ADOPTED this 21st day of April, 2008.
"Lynda Shykora"
"Will Hansma"
LYNDA SHYKORA
CORPORATE OFFICER
WILL HANSMA
DIVISION TWO - DEFINITIONS
5
DIVISION TWO - DEFINITIONS
ACCESSORY means customarily associated with or incidental to.
ACCESSORY means customarily associated with or incidental to a principal use.
(Bylaw 2135, 2024)
ACCESSORY BUILDING OR STRUCTURE means,
a.
a building or structure, the use or intended use of which is ancillary to or customarily
associated with that of a principal building situated on the same lot; or
b.
a building or structure which is ancillary to or customarily associated with a principal
use being made of the same lot upon which such building is located.
ACCESSORY EMPLOYEE BUNKHOUSE USE means a use accessory to an agricultural use or
resource use where a building is used for sleeping quarters for the accommodation of an
employee or employees on the same farm unit as that on which the use occurs, and
specifically excludes housekeeping and residential use.
ACCESSORY FARM SALES USE means the sale of farm products, processed farm products, and
off-farm products that is accessory to the principal agricultural use of a lot.
AGRICULTURAL USE, INTENSIVE means a use providing for the growing, rearing, producing,
and harvesting of agricultural products; includes the preliminary grading of such products for
shipment, and specifically includes riding stables, nurseries, greenhouses, and the keeping of
pigeons, doves, or other animals or birds of like kind, feed lots, fish farms, piggeries,
mushroom growing, and the keeping of bees, horses, sheep, goats, dairy cows, fur bearing
animals, rabbits, poultry or other animals or birds of like kind in concentrations of more than
six (6) animal units per hectare (2.428 animal units per acre).
AGRICULTURAL USE, LIMITED means a use providing for the growing, rearing, producing,
and harvesting of agricultural products; includes the preliminary grading of such products for
shipment, and specifically includes riding stables, fish farms, nurseries, greenhouses, and the
keeping of pigeons, doves, or other animals or birds of like kind and the keeping of bees,
horses, sheep, goats, cattle, dairy cows, fur bearing animals (except mink and fox), rabbits,
poultry, or other animals or birds of like kind in concentrations of six (6) animal units or less
per hectare (2.428 animal units per acre). Swine are also permitted to be kept provided that
they are for the personal use of the owner only.
AGRICULTURAL USE, RESTRICTED means a use providing for the growing, rearing,
producing, and harvesting of agricultural products and specifically includes nurseries,
greenhouses, and the keeping of pigeons, rabbits, poultry, doves, bees, and other animals or
birds of like kind for the personal use of the owner only. The keeping of horses, sheep, goats,
cattle or other animals of like kind is also permitted in concentrations of three (3) animal
units or less per hectare (1.214 animal units per acre).
AGRI-TOURISM ACCOMMODATION means accommodation facilities for rental to transient
occupants on land which is classified as "farm" in accordance with the Assessment Act,
permitted by the Agricultural Land Commission, and such accommodation facilities are
subordinate and secondary to the principle agriculture use.
(Bylaw 2059, 2022)
DIVISION TWO - DEFINITIONS
6
ANIMAL UNIT is defined in Schedule E, which is attached to and forms part of this Bylaw.
APPROVING OFFICER means a person appointed as such under the provisions of the Land Title
Act or the Local Government Act of the Province of British Columbia
ASSEMBLY USE means a use providing for the assembly of persons for religious, charitable,
philanthropic, cultural, or educational purposes; and includes churches including manse,
monasteries, auditoriums, youth centres, social halls, schools, kindergartens, play schools,
day nurseries, day care schools, and specifically excludes residential use except in the case
of a manse or monastery.
AUCTION MART means a place where goods are sold by auction on a regular basis.
BASEMENT means a space 2.2 metres (7.218 feet) or more in height between two (2) floors, the
lower floor of which is buried between 0.3 metres (0.984 foot) and 1.5 metres (4.921 feet)
below the average finished grade at the perimeter of the building.
BACKYARD HENS means the keeping of female domesticated fowl of the species gallus
gallus domesticus in accordance with Section 416 of this Bylaw.
(Bylaw 2135, 2024)
BED AND BREAKFAST USE means a use that is carried out within a dwelling in which one (1) or
more bedrooms are rented out to persons other than persons occupying the dwelling unit as
their residence, provided that the provision of such accommodation does not constitute a
tenancy pursuant to the Residential Tenancy Act. For the purposes of this Bylaw a bed and
breakfast use does not include a boarding house use.
BED AND BREAKFAST USE means a use that is carried out within a dwelling in which one (1)
or more bedrooms are rented out to persons other than persons occupying the dwelling
unit as their residence, provided that the provision of such accommodation does not
constitute a tenancy pursuant to the Residential Tenancy Act. For the purposes of this
Bylaw a bed and breakfast use does not include a boarding house use. A bed and breakfast
must be in accordance with Section 415 of this Bylaw.
BIOSOLIDS means stabilized municipal sewage sludge resulting from a municipal waste water
treatment process or septage treatment process which has been sufficiently treated to
reduce pathogen densities and vector attraction to allow the sludge to be beneficially
recycled in accordance with the requirements of the Organic Matter Recycling Regulation.
BIOSOLIDS PROCESSING means the act of treating or preparing Class A and Class B Biosolids
as defined in the Organic Matter Recycling Regulation.
(Bylaw 2135, 2024)
BUFFER AREA means an area free of all buildings and structures, the purpose of which is to
separate different land uses.
BUILDING means any structure used or intended for supporting or sheltering any use or occupancy.
DIVISION TWO - DEFINITIONS
7
CAMPGROUND means designated sites for the accommodation of the travelling public in tents,
trailers, recreational vehicles and may include accessory personal service facilities to
accommodate the needs of the campers but specifically excludes the retail sale of recreational
vehicles, tents and trailers.
CANNABIS, also known as marihuana among other names, has the same meaning as defined
under the Cannabis Act as amended or replaced from time to time. Cannabis can be
consumed by smoking, vaporizing, within food, or as an extract or otherwise ingested.
CANNABIS LOUNGE means a building or part thereof including decks, patios and balconies
used for medicinal or recreational consumption (smoking oral or other means of
consumption) of cannabis.
CANNABIS PRODUCTION FACILITY means a facility, lawfully licensed and permitted in
accordance with all applicable Federal, Provincial and Municipal Legislation and
Regulation used solely for the production, manufacturing, processing, testing,
packaging, and shipping of marihuana and marihuana products.
CANNABIS PRODUCTION FACILITY means a facility, eligible for licensing by the Federal
Government and permitted in accordance with all applicable Provincial and Municipal
Legislation and Regulation, used solely for the production, manufacturing, processing,
testing, packaging, and shipping of cannabis and cannabis products.
(Bylaw 1986, 2019)
CANNABIS RETAIL means the business of selling cannabis or marihuana, medicinal or
otherwise and related products.
(Bylaw 1961, 2018)
CELLAR means a space between two (2) floors, the lower floor of which is 1.5 m (4.921 feet) or
more below the average finished ground level at the perimeter of the building; or a space
between two (2) floors less than 2.2 m (7.218 feet) high, the lower floor of which is below the
average finished ground level at the perimeter of the building.
CIVIC USE means a use providing for public functions; includes Federal, Provincial, and Municipal
offices and yards, schools, colleges, hospitals, community centres, libraries, museums, parks,
playgrounds, cemeteries, streets, and waterways.
CLERK means the Corporate Officer of the Corporation of the Township of Spallumcheen, or
designate.
CLUB or LODGE means a building or establishment used by an association or organisation for
fraternal, social, or recreation purposes which may include limited private sleeping unit
accommodation with cooking facilities.
COMMUNITY SEWER SYSTEM means a system of sewage disposal which serves two (2) or
more lots and which is owned, operated and maintained by an Improvement District under
the Water Act or the Local Government Act; a Municipality, a Regional District, a Greater
Board, or an Agency of Her Majesty the Queen in Right of Canada or Her Majesty the Queen
in Right of the Province of British Columbia or by a Strata Corporation.
DIVISION TWO - DEFINITIONS
8
COMMUNITY WATER SYSTEM means a system of waterworks which serves five (5) or more
lots and which is owned, operated and maintained by an Improvement District under the
Health Act, Water Act, or the Local Government Act; or a Municipality, a Regional District,
or Greater Board, or which is regulated under the Water Utility Act.
COMPOST means a product which is:
a)
stabilized earthy matter having the properties and structure of humus;
b)
beneficial to plant growth when used as a soil amendment;
c)
produced by composting; and
d)
only derived from organic matter.
COMPOSTING means the controlled biological oxidation and decomposition of organic matter in
accordance with the time and temperature requirements specified in Schedule 1 of the
Organic Matter Recycling Regulation.
(Bylaw 2135, 2024)
CONFINED LIVESTOCK AREA means an outdoor, non-grazing area where livestock, poultry or
farmed game is confined by fences, other structures or topography, and includes feedlots,
paddocks, corrals, exercise yards, and holding areas, but does not include a seasonal feeding
area.
CONTROLLED ACCESS HIGHWAY means a highway designated as a controlled access
highway, under the provincial Transportation Act.
CONVENIENCE STORE means a retail sales outlet contained under one roof, having a floor area
not exceeding 150m2, and providing for the sale of items regularly used by households,
including groceries, beverages, books, magazines, cleaning products, lottery tickets, tobacco
products, household accessories, video rentals and deli items.
COTTAGE INDUSTRY means a use accessory to an agricultural use and includes estate wineries,
cottage breweries, and fancy meat and sausage processing.
COUNCIL means the Municipal Council of the Corporation of the Township of Spallumcheen.
DAIRY ANIMAL means an animal kept for the production of milk or farm separated cream or any
milk product, and includes cows, goats and sheep.
DETACHED SUITE means a dwelling unit located above an accessory residential or agricultural
building.
(Bylaw 1938, 2017)
DIRECT FARM MARKETING means the selling or distribution of farm products directly to
consumers off of a farm unit.
DIRECT FARM MARKETING AREA means the indoor or outdoor area used to display farm
products or other products for sale, including space for circulation, counter space for the
purchase of goods, and space for the service and consumption of food items, but excluding
office space, wholesale storage space, processing facilities, and public washrooms.
DIVISION TWO - DEFINITIONS
9
DOG KENNEL means a building, structure, compound, group of pens or cages, or property in which
five or more dogs are kept for the purposes of boarding or breeding.
DWELLING, SINGLE FAMILY means any building consisting of one (1) dwelling unit which is
occupied or intended to be occupied as a permanent home or residence of one (1) household.
For the purposes of this Bylaw single family dwellings shall include modular manufactured
homes that have a completed width of not less than 7.315 metres (24.00 feet) for not less than
thirty five percent (35%) of the length of the building.
DWELLING UNIT means one (1) or more rooms used for the residential accommodation of only
one (1) household when such room or rooms contain or provide for the installation of sleeping
facilities, sanitary facilities and only one (1) kitchen.
EXERCISE YARDS means an area used to exercise horses and includes outdoor equestrian riding
arenas and training tracks.
FARM PRODUCTS means commodities or goods derived from the cultivation and husbandry of
land, plants and animals (except pets) and any other similar activity including aquaculture as
defined in the Fisheries Act, and game farming within the meaning of the Game Farm Act,
that are grown, reared, raised or produced on the farm unit on which the accessory farm sales
use is conducted.
FARM UNIT means an area of land used for a farm operation consisting of one or more contiguous
or non-contiguous lots, that may be owned, rented or leased, which form and are managed as
a single farm.
FARMED GAME means any animal held under the authority of a licence under the Game Farm Act
and includes fallow deer, bison and reindeer.
FEED LOT means a fenced area where livestock, poultry or farmed game are confined solely for the
purpose of growing or finishing, and are sustained by means other than grazing.
FINISHED GRADE means the lowest of the average levels of finished ground adjoining each
exterior wall of a building or structure, except that localised depressions such as for vehicle
or pedestrian entrances shall not be considered in the determination of average level of
finished ground.
FLOOR AREA means the total of the floor areas of every room and passageway contained in a
building but not including the floor area of basements, cellars, attached garages, sheds, open
porches, or breezeways.
FOOD SERVICE ESTABLISHMENT means a facility where food and beverages are offered for
sale to the public. Typical uses include but are not limited to restaurants, cafes, coffee shops,
caterers, concession stands, delicatessens, bakeries, tea rooms, lunch rooms, refreshment
stands and take out or drive through restaurants.
GARDEN SUITE means a portable, single storey, one or two bedroom self-contained dwelling unit,
with no basement, that is installed temporarily on a parcel of land on which a permanent single
family dwelling is already situated.
DIVISION TWO - DEFINITIONS
10
GROSS FLOOR AREA means the sum of all areas of each storey in each building on a lot measured
between the exterior walls of such building.
HEIGHT OF BUILDINGS AND STRUCTURES means the greatest vertical distance from the
finished grade to the highest point on such building or structure. For the purposes of this
Section the finished grade shall mean the lowest of the average levels of finished ground
adjoining each exterior wall of a building or structure, except that localized depressions such
as for vehicle or pedestrian entrances need not be considered in the determination of average
level of finished ground.
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.
HOME OCCUPATION means occupations which are undertaken inside a residential building or
accessory residential building or agricultural building secondary to the principal use of the
property and which does not alter the residential or agricultural character of the premises and
the character of the residential or rural district where the premises are situated. As defined
elsewhere in this Bylaw, categories will include:
a.
Residential Zone Home Occupations;
b.
Small Holding / Country Residential Zone Home Occupations;
c.
Agricultural Zone Home Occupations; and
d.
Large Holding Zone Home Occupations.
A home occupation use shall specifically exclude medical marihuana cannabis production
facilities.
(Bylaw 1855, 2013)(Bylaw 1961, 2018)
HOSPITAL means a use providing for the care of a sick, injured, or aged person and includes,
convalescent homes, nursing homes and personal care homes.
HOUSEHOLD means:
a.
A person; or
b.
Two or more persons related by blood, marriage, or adoption; or
c.
A group of not more than five persons, including boarders, who are not related by
blood, marriage, or adoption; or
d.
Unrelated people living together with related people provided that the number of
unrelated people does not exceed 3 persons,
all living together in one dwelling unit as a single household using a common kitchen. In
addition, a household may also include up to one housekeeper, nanny or caregiver.
INDUSTRIAL USE means a use providing for the processing, fabricating, assembling, storing,
transporting, distributing, wholesaling, testing, servicing, repairing, wrecking, or salvaging
DIVISION TWO - DEFINITIONS
11
of goods, materials, or things, and the selling of heavy industrial equipment, and farm
machinery; includes accessory office and retail facilities.
INSPECTOR means the person or persons appointed by the Council to administer this bylaw, and
shall include any peace officer.
KITCHEN means any room or area in which food is cooked or prepared and which contains facilities
and equipment used for the storage, preparation and serving of food. The facilities and
equipment mentioned above may include such things as kitchen cabinets, kitchen sinks,
kitchen stoves, dishwashers, other appliances and associated plumbing and wiring services.
LAND includes the surface of water but does not include improvements, mines or minerals belonging
to the Crown, or mines or minerals for which title in fee simple has been registered in the
land title office but for the purposes of assessment and taxation, land has the same meaning
as in the Assessment Act.
LANDSCAPE SCREEN means a hedge of compact plant material, fence, or wall, when such hedge,
fence, or wall is continuous except for access driveways and walkways. Codling moth host
trees including apple and crabapple trees (Malus spp.), pear trees (Pyrus spp.), quince trees
(Cydonia oblonga) and flowering quince or japonica trees (Chaenomeles japonica) shall not
be used for landscape screening purposes.
LANDSCAPING means the planting of lawns, shrubs and trees, and the addition of fencing, walks,
drives, or other structures and materials as used in landscape architecture. Codling moth host
trees including apple and crabapple trees (Malus spp.), pear trees (Pyrus spp.), quince trees
(Cydonia oblonga) and flowering quince or japonica trees (Chaenomeles japonica) shall not
be used for landscaping purposes.
LANE means a road allowance more than 3 metres (9.842 feet) but less than 10 metres (32.81 feet)
in width.
LIVESTOCK means cattle, horses, sheep, goats, swine, rabbits and fish.
LIVESTOCK AUCTION MART means an auction mart enterprise that allows buildings,
structures, and enclosures as required for the keeping and holding of animals for sale; but in
no case shall any animals be kept for a period longer than ten (10) days or slaughtered on the
premises.
LOT means a parcel of land legally described on the records of the Land Title Office and includes
Land Act Surveys.
LOT AREA means the area of a lot taken in a horizontal plane; excluding land covered by a natural
body of water.
LOT COVERAGE means the area of a lot covered by buildings and structures and certain areas of
land used for agricultural purposes as described elsewhere in this bylaw.
LOT LINE means a legal boundary of a lot.
DIVISION TWO - DEFINITIONS
12
LOT LINE, EXTERIOR SIDE means the lot line or lines not being the front or rear lot line,
common to the lot and a street.
LOT LINE, FRONT means the lot line or lines common to the lot and an abutting street, or where
there is more than one (1) abutting street, the shortest lot line or lines common to the lot and
the abutting street. Where the abutting lot lines are equal in length then the front lot line shall
be the lot line towards which the majority of the buildings on adjacent lots are faced.
LOT LINE, REAR means the lot line or lines opposite to the front lot line, and where the rear portion
of the lot is bounded by intersecting side lot lines, shall be deemed to be the point of such
intersection. The rear lot line or lines of 'pie-shaped' lots or other irregularly shaped or
asymmetrical lots shall include all lot lines that form a continuation of the rear lot lines of
adjacent lots located within the same plan of subdivision.
LOT LINE, SIDE means any lot line which is not a front or rear lot line.
MANUFACTURED HOME means a transportable prefabricated building, consisting of one (1)
dwelling unit which is occupied or intended to be occupied as a permanent home or residence
of only one (1) household, which building conforms with the CSA Z240-92MH Series
Standard and which is designed to be transported on its own wheels or chassis to the
manufactured home site. Such buildings are designed to be supported on wheels, jacks, posts
or piers, or with permanent foundation.
MANUFACTURED HOME, MODULAR means a transportable sectional prefabricated building,
consisting of one (1) dwelling unit which is occupied or intended to be occupied as a permanent
home or residence of one (1) household, which building conforms with the CSA A277-92
Standard and which is not designed to be transported on its own wheels or chassis but is
designed to be supported on a permanent foundation.
MANUFACTURED HOME COMMUNITY means any lot on which are located two (2) or more
manufactured homes or modular manufactured homes.
MANUFACTURING means making, producing, assembling, repairing, fabricating and processing
of goods, materials, products, and things, but does not include mining.
MARIHUANA means all parts of the genus cannabis whether growing or not and the seed or clone
of such plants.
(Bylaw 1855, 2013)
MEDICAL MARIHUANA PRODUCTION FACILITY means a facility, licensed by the Federal
Government under the Marihuana for Medical Purposes Regulation, used solely for the
production, manufacturing, processing, testing, packaging, and shipping of marihuana and
marihuana products for medical purposes.
(Bylaw 1855, 2013)
(Bylaw 1961, 2018)
MODULAR CONTAINER means a purpose-designed metal cargo container for holding of goods,
which is intended to be placed on a ship, truck or railcar.
DIVISION TWO - DEFINITIONS
13
MONASTERY means a home for persons under religious vows, especially an establishment for nuns
or monks. Such a facility may contain permanent living quarters for up to 25 persons, space
for religious worship such as a chapel, communal cooking facilities and eating areas, up to 5
short term occasional-use guest rooms and other ancillary functions common to monastic
practices. Such a facility may be up to three storeys in height, have a footprint of 2000 m2
and a total floor area not exceeding 4,000 m2. A monastery may not be used as a hotel, motel,
hostel, retreat center or multi-family residential complex.
OFF-FARM PRODUCTS means farm products that are grown, reared, raised or produced on farm
unit that is not owned by the owner of the land on which the accessory farm sales use is
located.
OFF-STREET PARKING means a use providing for parking spaces for the temporary storage of
vehicles.
OIL WATER SEPARATOR means a device, approved by the public works manager, that treats
the drainage from paved parking areas to retain the oils and suspended solids, and only allow
clean water to flow beyond the device.
ON-FARM PROCESSING means the undertaking of processes, including mixing, drying, canning,
size reduction, fermentation, heat treatments, cold treatments, chemical treatments and
biological treatments, on a farm unit to (1) prepare farm products or value-added products to
sell, or (2) prepare feed for livestock, poultry, farmed game of fur bearing animals located on
the farm, but excludes on-farm composting, on-farm product preparation and on-farm soilless
medium production.
ON-FARM PRODUCT PREPARATION means cleaning, sorting, separating, grading or packing
farm products on a farm unit.
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.
PARKS means the land which is owned by a Government which is dedicated to public use for
recreation purposes.
PERMANENT FOUNDATION means a foundation that irreversibly alters the land that it is
constructed upon and is physically difficult to remove but does not include concrete blocks,
or concrete post footings, or slabs that are easily removed.
PETROLEUM DISTRIBUTION INSTALLATIONS means any building or land used or intended
to be used for the wholesale of petroleum fuel or lubricants to commercial vehicles and
industrial equipment, which may include key-lock methods of distribution, and excludes bulk
storage facilities.
PRINCIPAL BUILDING means an existing or proposed building which is the chief or main one
among the buildings on a site.
PRINCIPAL USE means the primary and chief purpose for which land, buildings and structures are
used.
DIVISION TWO - DEFINITIONS
14
PROCESSED FARM PRODUCTS means farm products and off-farm products that have been
transformed, by the owner of the accessory farm sales use, by biological or other means such
as fermentation, cooking, canning, smoking or drying to increase their market value and
convenience to the consumer and that comprise not less than fifty percent (50%) by volume,
of one or more farm products. Processed farm products shall specifically exclude such things
as hardware, fertilizers, seeds, handicrafts, souvenirs, confectioneries and hot or cold food
items that are not "transformed" from farm products and off-farm products as defined above.
Processed farm products shall also specifically exclude the slaughter and evisceration of
animals.
PROJECTIONS means all items of construction or other things attached to a building or structure
and which project out from the exterior wall of such building or structure.
SERVICE UTILITY means a utility providing for the essential servicing with water, sewer,
electrical, telephone, and similar services where such utility is established by another
governmental body, Crown corporation, Improvement District, or by a company operating
under the Water Utility Act; includes broadcast transmission facilities and refuse disposal
areas.
(Bylaw No. 2003,2020)
RESIDENTIAL USE means a use providing for the accommodation and home life of a person or
persons.
RETAIL SALES means the business of selling or renting goods, merchandise, parts and accessories
to the ultimate consumer and not for resale purposes.
RESOURCE USE means a use of a lot providing for the conservation, management, and extraction
of primary forest, mineral, and other resource materials grown on or originating from the
same lot and includes the preliminary grading, cutting, or crushing of such materials for
shipment. A resource use shall specifically exclude all manufacturing of products and any
processing not mentioned above.
ROAD FRONTAGE means that length of a parcel boundary which immediately adjoins a highway
other than a lane or walkway.
SEASONAL FEEDING AREA means an area:
(a)
used for forage or other crop production, and
(b)
used seasonally for feeding livestock, poultry or farmed game that is primarily
sustained by supplemental feed, but does not include a confined livestock area or
grazing area.
SECONDARY SUITE means a dwelling unit located within the structure of an owner-occupied
single family dwelling.
SECONDARY SUITE means a dwelling unit located within the structure of a single family
dwelling.
(Bylaw 2135, 2024)
DIVISION TWO - DEFINITIONS
15
SERVICE STATION means a use providing for the retail sale of motor fuels, automobile
accessories, and convenience foods, the servicing or repair of motor vehicles, the rental of
trailers and motor vehicles and car wash facilities; excludes auto body repairs, fender work,
and painting.
SERVICE UTILITY means a utility providing for the essential servicing with water, sewer,
electrical, telephone, and similar services where such utility is established by another
governmental body, Crown corporation, Improvement District, or by a company operating
under the Water Utility Act; includes broadcast transmission facilities and refuse disposal
areas.
(Bylaw No. 2003, 2020)
SETBACK means the horizontal distance from a lot line to a building.
SILVICULTURE means the practice of controlling forest establishment, composition and growth,
including the development and maintenance of seedling and tree nurseries.
SLEEPING UNIT means one (1) or more rooms used for the lodging of one (1) household when
such unit contains no cooking facilities.
SOILLESS MEDIUM means a material that is manufactured for the growing of plants and may
contain natural soils or organic compounds such as peat and bark.
SOIL EXTRACTION means the removal, crushing, screening, storage, or mixing of unconsolidated
earth material including sand, soil, and gravel; may also include rock removal, crushing,
screening and storage.
STORAGE YARD means an area outside of an enclosed building where materials, goods, products,
vehicles, equipment or machinery are displayed, stored, baled, piled, handled, sold, or
distributed, but explicitly excludes an automobile wrecking yard or a junk yard.
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 road allowance 10 metres (32.81 feet) or more in width and includes access routes
intended to serve lots created pursuant to the Strata Property Act and amendments thereto,
including the Bare Land Strata Regulations.
STRUCTURES means any construction fixed to, supported by, or sunk into land or water excluding
fences.
TRAILER means any vehicle, coach, house-car, conveyance, or conveyance with an addition,
designed to travel often on the highways, constructed or equipped to be used as temporary
living or sleeping quarters by travellers.
TRANSPORTATION FACILITIES means a use providing for the shipping and receiving of goods
and people including the operation of truck terminals, railways, freight handling, passenger
and transit depots, and taxi dispatch offices.
DIVISION TWO - DEFINITIONS
16
USE means the purpose for which any lot, parcel, tract of land, building, or structure is used,
occupied, or employed.
USEABLE OPEN SPACE means a compact, unobstructed area or areas available for safe and
convenient use by all the building's occupants, having no dimensions of less than 6 metres
(19.68 feet) and no slope greater than ten percent (10%), provided for greenery, recreational
space, and other leisure activities normally carried on outdoors. Useable open space shall
exclude areas used for off-street parking, off-street loading, and service driveways.
VETERINARY HOSPITAL means animal clinic, but does not include the boarding of animals.
WAREHOUSING means storage, distribution, and wholesaling.
WASTEWATER TREATMENT FACILITY means that part of a community sewer system that
treats, or is intended to treat, sewage which originates wholly or in part from lands other
than the land son which the treatment facility is located, including, without limitation,
waste water treatment plants, sewage lagoons, and other sewage treatment facilities.
(Bylaw 2033, 2020)
YARD, FRONT means the area of a lot free from all buildings and structures bounded by the front
lot line, each side lot line, and a line drawn parallel to and perpendicularly distant from the
front lot line.
YARD, REAR means the area of a lot free from all buildings and structures bounded by the rear lot
line, each side lot line, and a line drawn parallel to and perpendicularly distant from the rear
lot line.
YARD, EXTERIOR SIDE means the area of a lot free from all buildings and structures bounded
by the exterior side lot line and a line drawn perpendicularly distant from and parallel to the
exterior side lot line extending from the front lot line to the rear lot line for such lot.
YARD, SIDE means the area of a lot free from all buildings and structures bounded by the side lot
line and a line drawn perpendicularly distant from and parallel to the side lot line extending
from the front lot line to the rear lot line for such lot.
ZONE means a zone established under this Bylaw.
DIVISION THREE - BASIC PROVISIONS
17
DIVISION THREE - BASIC PROVISIONS
301
EXISTING LOTS
Lots existing at the time of the effective date of this Bylaw which do not conform with the
parcel size or frontage requirements may be used for any of the permitted uses outlined in
the respective zone provided that all other applicable requirements within that zone are met
and no other regulations are contravened.
302
HEIGHT EXCEPTIONS
The height of buildings and structures permitted elsewhere in this Bylaw may be exceeded
for: industrial cranes, upright silos, grain elevators, towers, tanks, bunkers, retaining walls,
radio and television antennas, church spires, belfries, domes, monuments, chimneys and
smoke stacks, flag poles, stadium bleachers, lighting poles, apartment elevator shafts, stair
towers, scenery lofts, fire and hose towers and wind machines.
303
LOT SEVERANCE SUBDIVISIONS
The Approving Officer may approve a subdivision of any parcel of land that, at the effective
date of this Bylaw, is physically severed by a developed and operating railway right-of-way
or an existing public road constructed to Municipal standards, where the proposed
subdivision is designed to establish a legal boundary along the railway right-of-way or the
frontage of the public road. Subdivision for this purpose may not create any lots smaller in
area than that allowed in Sections 1301.2.b. or c. of this Bylaw.
304
SETBACK EXCEPTIONS
1.
Where a front, rear, or side yard setback is required, projections shall be deemed
to be part of such building or structure for the purpose of measuring the depth or
width of the required setback except:
a.
chimneys, cornices, leaders, gutters, pilasters, built in hutches, belt courses,
bay windows or ornamental features may extend 0.6 metres (1.968 feet) into
any required setback; and
b.
steps, eaves, sunlight control projections, canopies, balconies or open
porches may extend 1 metre (3.281 feet) into any required setback.
2.
An underground structure, including swimming pools, shall be sited at least 1 metre
(3.281 feet) from any lot line provided that the top surface of such structure shall at
no point extend above the average finished grade.
3.
Free-standing light poles, warning devices, antennas, masts, utility poles, wires,
flag poles, signs and sign structures shall be sited at least 1 metre (3.281 feet) from
any lot line.
DIVISION THREE - BASIC PROVISIONS
18
305
SITING AND BULK OF BUILDINGS AND STRUCTURES
The construction, reconstruction, alteration, moving, or extension of buildings and structures
within any zone shall be in conformity with the regulations for the siting, size, and
dimensions of buildings and structures specified in this Bylaw.
306
USE OF LAND, BUILDINGS AND STRUCTURES
The use of land, buildings, and structures shall be in accordance with the permitted uses
specified in each zone of this Bylaw. All other uses, by exclusion, are explicitly prohibited.
307
USE OF LAND WITHIN THE AGRICULTURAL LAND RESERVE
Uses listed under Section 3(1) of the Agricultural Land Reserve Use, Subdivision and
Procedure Regulation (B.C. Reg. 171/2002) shall not be permitted to be carried out on lands
located within the Agricultural Land Reserve unless otherwise specifically regulated by
provisions of this Bylaw.
308
THE FOLLOWING USES SHALL BE PROHIBITED IN ALL ZONES:
1.
Cannabis retail including zones which broadly permit retail store or sales, farm
or off-farm product sales, convenience store, accessory retail use and home
based businesses.
1.
Cannabis lounge.
(Bylaw 1961, 2018)
309
BOUNDARY ADJUSTMENT SUBDIVISIONS
1.
Minimum lot size and lot frontage requirements of the Zoning Bylaw do not
apply to subdivisions outside the Agricultural Land Reserve that involve an
alteration of lot lines between two or more existing lots and:
a.
there is no increase in the number of parcels; and
b.
no lot is enlarged to a size permitting further subdivision under the
existing zoning; and
c.
no lot that complies with the minimum lot size requirement is reduced to
a size that does not comply; and
d.
no lot greater than 1 ha in size is reduced to a size that is less than 1 ha
where it is serviced by an on-site sewage disposal system; and
e.
the subdivision complies with all other requirements of the Zoning
Bylaw; and
f.
the existing lots have lot frontage but do not comply with the lot frontage
requirements; and
i.
no lot frontage is reduced to less than 20 m; and
ii.
private access driveways can be provided in accordance with
Section 1301.4.b of this Bylaw;
g.
the existing lots do not have road frontage; and
DIVISION THREE - BASIC PROVISIONS
19
i.
the Approving Officer is prepared to approve the subdivision
plan in accordance with BC Reg. 334/79.
2.
Minimum lot size and lot frontage requirements of the Zoning Bylaw do not
apply to subdivisions inside the Agricultural Land Reserve that involve an
alteration of lot lines between two or more existing lots and:
a.
there is no increase in the number of parcels; and
b.
no lot is greater than 1 ha in size is reduced to a size that is less than 1
ha where it is serviced by an on-site sewage disposal system; and
c.
no lot frontage is reduced to less than 20 m; and
d.
private access driveways can be provided in accordance with Section
1301.4.b of this Bylaw;
e.
the Approving Officer is prepared to approve the subdivision in
accordance with BC Reg. 171/2002 or the subdivision has been approved
by the Agricultural Land Commission under Section 25(1) of the
Agricultural Land Commission Act; and
f.
the subdivision complies with all other requirements of the Zoning
Bylaw.
(Bylaw 1990, 2019)
(Bylaw 2003, 2020)
DIVISION FOUR - GENERAL PROVISIONS
20
DIVISION FOUR - GENERAL REGULATIONS
401
COMMUNITY CARE FACILITIES
Where a community care facility is permitted to be carried out pursuant to the provisions of
the Community Care and Assisted Living Act and amendments thereto, which use would
otherwise be contrary to the provisions of this Bylaw, said use shall be subject to the
following regulations:
1.
the community care facility shall be contained wholly within the principal building
located on the subject property; and
2.
if the community care facility is located in a Residential Zone, as established by
this Bylaw, the community care use shall be permitted to operate weekdays only,
for a maximum period of thirteen (13) hours per day, between the hours of 6:30
AM and 7:30 PM; and
3.
the number or type of persons who may be cared for within the community care
facility shall comply with the provisions of the Community Care and Assisted
Living Act and amendments thereto; and
4.
if the community care facility is located in a Residential Zone, as established by
this Bylaw, the number of staff members that are employed to provide community
care shall not exceed one (1) person. For the purposes of this Section staff members
shall not include the owners of the community care facility or their immediate
relatives; and
5.
any dwelling unit within which the community care use is carried on, and the lot
upon which the dwelling unit is located, shall be occupied, and operated on a full
time basis, by at least one (1) of the persons designated on the records of the
Kamloops Land Title Office as the registered owner of the lot and dwelling unit;
and
6.
the owner of such business or undertaking shall obtain a licence for the carrying
on of such business or undertaking where such licence is required to be obtained
under the provisions of all applicable Statutes, Bylaws, and regulations in force
from time to time.
7.
the community care facility shall comply with all other applicable Bylaws or
regulations affecting such use and the owner of the community care facility shall:
a.
obtain an access permit for the community care facility from the Township
of Spallumcheen and, if applicable, the Ministry of Transportation; and
b.
follow the procedures set out in the Health Act and the Sewerage System
Regulations to provide for the discharge of effluent from the combined
residential/commercial/industrial/community care use of the subject
property where the site is not serviced by a community sewer system; and
DIVISION FOUR - GENERAL PROVISIONS
21
c.
where applicable, obtain the permission of the Township, or from the
Greater Vernon Water Utility, to draw water from their respective
community water systems in order to supply additional water to the
community care facility; and
d.
obtain the permission of the Building Inspector and the Fire Prevention
Officer for the Township for the proposed community care facility; and
8.
notwithstanding the provisions of this Bylaw relating to off-street parking
requirements, a community care facility use shall not be carried out unless off-
street parking spaces are provided on the lot on which the facility is located,
sufficient to meet the following requirements:
a.
the number of off-street parking spaces that would be required, for any
commercial, industrial or residential use of the subject property under the
off-street parking requirements of this Bylaw applicable to said use(s), if
no community care use was carried on the lot; plus
b.
one (1) additional off-street parking space per four (4) persons, or fractions
thereof, requiring care; plus
c.
one (1) additional off-street parking space per staff member employed by
the owner of the community care facility; and
d.
off-street parking spaces shall not be permitted within a required front
yard; and
9.
not more than one (1) motor vehicle shall be parked within any off-street parking
space that is required to be provided pursuant to the provisions of this Bylaw and
parking spaces designated for a particular use shall be reserved for that use only.
402
INTENSIVE AGRICULTURAL USE
Where an intensive agricultural use is permitted to be carried out pursuant to the provisions
of Section 915 of the Local Government Act and amendments thereto, which use would
otherwise be contrary to the provisions of this Bylaw, said use shall be subject to the
applicable regulations contained in Section 803 of this Bylaw.
403
OFF-STREET LOADING
Off-street loading shall be provided in conformity with Schedule C - Off-Street Loading.
404
OFF-STREET PARKING
Off-street parking shall be provided in conformity with Schedule B - Off-Street Parking.
405
Service Utility, Assembly and Civic Uses in All Zones
1.
A service utility, assembly use, and civic use shall be permitted in all zones, except
the Residential Single Family Zone (R.1) and except on lands located in the
Agricultural Land Reserve unless such use is first approved by the Agricultural
Land Commission. The minimum lot area for service utility, assembly use, and
DIVISION FOUR - GENERAL PROVISIONS
22
civic use shall be as required in Schedule D of this Bylaw and the minimum
setback from all lot lines shall be not less than 4.5 metres (14.76 feet).
2.
Notwithstanding Section 405.1, sewage lagoons, sewage disposal facilities and
waste water treatment plants that are intended to treat sewage from uses or
land originating from other than the land on which the facilities are located,
or either of them, are not permitted, except:
a.
on the property legally described as The South East ¼, Section 14,
Township 7, Osoyoos Division Yale District, only in accordance with
non-farm uses permitted by the Agricultural Land Commission, and
authorized under Ministry of Environment Operational Certificate
PE-12213 (per City of Armstrong Liquid Waste Management Plan
updated to 1998), and not to exceed:
i.
two (2) sewage lagoons, with a maximum surface area of 5,750
square metres each, and with a maximum capacity of 23,000
cubic metres each;
ii.
one (1) storage reservoir, with a maximum surface area of
83,478 square metres, and with a maximum capacity of
960,000 cubic metres;
iii.
necessary pump stations, chlorine contact tanks and other
structures and appurtenances referenced in the approvals of
the Ministry of Environment and Agricultural Land
Commission;
iv.
a maximum discharge rate of 2,800 m3 /d of effluent from the
sewage lagoons noted in subsection i. to the storage reservoir
noted in subsection ii. above;
b.
within the Light Industrial Zone (I.1) and General Industrial Zone
(I.2), per Township of Spallumcheen's Liquid Waste Management
Plan, subject to approval of the Agricultural Land Commission if
applicable; and
c.
in other Zones in Divisions Five through Nine, inclusive, of this
Bylaw, where specifically listed as a permitted use under the heading
"Permitted Uses of Land, Buildings, and Structures".
(Bylaw 1948, 2017)
3.
Notwithstanding Section 405.1,to the use of land, buildings and structures for
the storage, treatment or distribution of water, or for the storage, treatment or
distribution of treated effluent from a sewage lagoon, sewage disposal facility
or waste water treatment plant, for domestic or irrigation purposes, is not
permitted on the property legally described as The South East ¼ Section 14,
Township 7, Osoyoos Division Yale District.
(Bylaw
2003,
2020)
DIVISION FOUR - GENERAL PROVISIONS
23
405
SERVICE UTILITY, ASSEMBLY AND CIVIC USES IN ALL ZONES
1.
A service utility, other than a waste water treatment facility, shall be permitted
in all zones. The minimum lot area for a service utility permitted under this
Section 405.1 shall be as required in Schedule D of this Bylaw and the
minimum setback from all lot lines shall be not less than 4.5 metres (14.76 feet).
2.
Notwithstanding Section 405.1, a service utility, other than a waste water
treatment facility, is not permitted on lands in the:
a.
Residential Single Family Zone (R.1); or,
b.
Agricultural Land Reserve, unless such use was approved by the
Agricultural Land Commission prior to December 1, 2020.
3.
Waste water treatment facilities are prohibited in all zones, except as follows:
a.
A waste water treatment facility is permitted on the property legally
described as The South East ¼, Section 14, Township 7, Osoyoos
Division, Yale District and located at 1205 Thomas Hayes Road, as it
existed on the property prior to December 1, 2020. For certainty, a waste
water treatment facility on the property is limited to:
i.
Two (2) sewage lagoons, with a maximum surface area of
5,750 square metres each, and with a maximum capacity of
23,000 cubic metres each;
ii.
One (1) storage reservoir, with a maximum surface area of
83,478 square metres, and with a maximum capacity of
960,000 cubic metres;
iii.
Necessary pump stations, chlorine contact tanks and other
structures and appurtenances referenced in approvals from the
Ministry of Environment (Operational Certificate PE 12213,
1992) and the Agricultural Land Commission Resolution#84,
1991; and
iv.
A maximum discharge rate of 2,800 m3/d of effluent from the
sewage lagoons noted in subsection i. to the storage reservoir
noted in subsection ii. above; and,
b.
A waste water treatment facility is permitted on the property legally
described as Lot A, Section 35, Township 8, Osoyoos Division Yale
District, Plan KAP89234 (L & A Cross Road (Bylaw 2135, 2024)).
4.
Assembly use and civic use shall be permitted in all zones. The minimum lot
area for an assembly use or civic use shall be as required in Schedule D of this
Bylaw and the minimum setback from all lot lines shall be not less than 4.5
metres (14.76 feet).
5.
Notwithstanding Section 405.4, an assembly use or civic use is not permitted
on lands in the:
a.
Residential Single Family Zone (R.1); or,
DIVISION FOUR - GENERAL PROVISIONS
24
b.
Agricultural Land Reserve, unless such use was approved by the
Agricultural land Commission prior to December 1, 2020.
(Bylaw 2033, 2020)
406
SCREENING AND LANDSCAPING
Screening and landscaping shall be provided in conformity with Schedule I - Screening
and Landscaping.
407
SETBACKS FROM CERTAIN HIGHWAYS
The following building lines apply on lands abutting certain highways within the
Corporation of the Township of Spallumcheen:
1.
All buildings and structures shall be provided with a setback of not less than 30
metres (98.42 feet) plus the required setback of the respective zone measured from
the centre lines of Highways No. 97 and No. 97A, or as required by the Ministry
of Transportation.
2.
All buildings and structures shall be provided with a setback of not less than 12.5
metres (41.01 feet) plus the required setback of the respective zone measured from
the centre lines of:
a.
Salmon River Road
b.
Pleasant Valley Road
3.
For lots fronting on undedicated highways, the front yard shall be provided in
accordance with the front yard setbacks of each zone, plus 10 metres (32.81 feet)
measured from the centre line of the undedicated highway; or, in accordance with
the front yard setbacks of each zone measured 3 metres (9.842 feet) beyond the
top of the cut or the toe of the fill, whichever is greater.
408
SETBACKS FROM WATERBODIES
Setbacks from waterbodies shall be in conformity with Schedule H - Setbacks from
Waterbodies and Schedule J - Agricultural Setbacks in Rural Zones.
409
SETBACKS FROM THE AGRICULTURAL LAND RESERVE
1.
The required minimum setback of buildings and structures from land in the
Agricultural Land Reserve is 15.0 metres (49.2 feet.).
2.
Prior to issuance of a Building Permit, a covenant shall be registered, pursuant to
the provisions of Section 219 of the Land Title Act, including agreement by the
owner of property adjacent a parcel containing lands within the Agricultural Land
Reserve to:
a.
Acknowledge, understand, and agree that their lands are adjacent to lands
within the Agricultural Land Reserve and may be adversely affected by
DIVISION FOUR - GENERAL PROVISIONS
25
normal farm practices carried out by the owners of the farm land
(including, but not limited to odour, noise, dust, chemical sprays, light,
and aesthetic appearance of land including unkempt areas and material
storage).
b.
Consult with the owner of farm land before planting shrubs, trees or other
plants within 15 metres (49.2 feet) of the farm land to ensure that the plants
will not have a negative impact on farming operations.
c.
Not apply any chemicals including pesticides, herbicides and fungicides,
except in accordance with the manufacturer's directions, and contain all
spray drift within the boundaries of the property.
410
SIGNAGE
Signage shall be provided in conformity with Schedule G - Signage Provisions.
411
TEMPORARY RESIDENCE DURING THE PERIOD OF CONSTRUCTION OF
A NEW RESIDENCE
Where a temporary residence is required during the period of construction of a new
residence, the following conditions shall apply:
1.
A temporary residence shall not be permitted on lots smaller than 0.4 ha (0.9884
acres); and
2.
The temporary residence may include a manufactured home or an existing single
family dwelling; and
3.
A manufactured home that is used for a temporary dwelling shall be sited in
conformity with the regulations of this Bylaw and the provincial Health Act and
shall not be sited on a permanent foundation with a basement excavation; and
4.
The temporary residence shall be removed from the owner's land within thirty
(30) days of the end of the period of construction of the new residence except
that the temporary residence may be converted to any non-residential use
permitted within the applicable zone subject to:
a.
compliance with all other regulations of the applicable zone with respect
to density and the siting, size and dimensions of the building; and
b.
removal of all plumbing fixtures, hot water tanks, furnaces, and sewer
connections; and
c.
refinishing of the exterior of the building to portray a building intended
for the proposed use; and
d.
completion of the conversion within thirty (30) days of the end of the
period of construction of the new residence; and
5.
A covenant shall be registered pursuant to Section 219 of the Land Title Act to
permit the temporary residence during the period of construction and to prohibit
the temporary residential use from continuing after the period of construction ends.
DIVISION FOUR - GENERAL PROVISIONS
26
The covenant shall also include an agreement by the owner to indemnify and save
harmless the Township of Spallumcheen against all costs and expenses incurred by
the Township of Spallumcheen, in default by the owner, in the conversion,
demolition, or removal of the temporary residence, and/or legal costs incurred in
pursuing such legal remedies as the Township sees fit. The covenant shall be
registered as a condition precedent to the issuance of a building permit for the new
residence; and
6.
A blanket statutory right-of-way shall be granted to the Township of Spallumcheen
permitting the Township of Spallumcheen to enter onto the owner's land for the
purpose of converting, demolishing, or removing the temporary residence in the
event that the owner defaults. The statutory right-of-way shall be registered as a
condition precedent to the issuance of a building permit for the new residence; and
7.
An irrevocable unconditional letter of credit from a chartered bank shall be drafted
in favour of the Township of Spallumcheen, to be held as security for performance
by the owner of his covenants and obligations with respect to the conversion,
demolition or removal of the temporary residence. The amount of the letter of
credit shall be 1.5 times the estimated cost of conversion, demolition, or removal
of the temporary residence, which estimate shall be obtained from a qualified
building, demolition, or moving contractor. The letter of credit shall be provided
as a condition precedent to the issuance of a building permit for the new residence.
For the purposes of this Section, "period of construction" shall mean the period of time
commencing when a building permit is issued for the new residence and ending either one
(1) year from the date of issuance of the permit or when a notice of conversion, demolition,
or removal is delivered to the owner, whichever event first occurs. The notice of
conversion, demolition, or removal of the temporary residence shall be in writing and
delivered from the office of the Chief Building Inspector of the Township of Spallumcheen.
412
TEMPORARY RESIDENCE FOR THE MEDICAL CARE AND NURSING OF AN
INFIRM PERSON
Where a temporary residence is required for the purpose of providing a separate residence
for the medical care and nursing of an infirm person the following conditions shall apply:
1.
Before a building permit is issued for the temporary residence the need for close
medical care and nursing of the infirm person shall be certified by a sworn
affidavit from the owner of the parcel on which the temporary residence is
proposed to be located and from the medical doctor of the person requiring
medical care and nursing. The affidavits shall be delivered to the Clerk of the
Township of Spallumcheen and shall remain in force and effect for a period of
one year. The doctor of the person requiring medical care and nursing shall be
qualified to practice medicine in the Province of British Columbia under the
provisions of the Medical Practitioners Act; and
2.
Further affidavits, as required by Subsection 1 above, shall be delivered annually
to the Clerk for the Township of Spallumcheen on the anniversary of the date upon
DIVISION FOUR - GENERAL PROVISIONS
27
which the affidavits were first delivered. The need for close medical care and
nursing of the infirm person shall be deemed to have ceased if the affidavits
required under this Subsection are not delivered by the date upon which they are
required to be delivered; and
3.
No more than one (1) temporary residence shall be permitted on a lot and the lot
shall be not smaller than 0.4 ha (0.9884 acres); and
4.
The temporary residence may include a manufactured home or a garden suite;
and
5.
The temporary residence shall be sited in conformity with the regulations of this
Bylaw and the provincial Health Act; and
6.
The floor area of a garden suite proposed to be used as a temporary residence shall
be not larger than 70 square metres (753.5 square feet); and
7.
The temporary residence shall not be sited on a permanent foundation with a
basement excavation and shall be removed from the owner's land when the need
for medical care and nursing ceases; and
8.
A covenant shall be registered, pursuant to the provisions of Section 219 of the
Land Title Act, to permit the temporary residence during the period of medical care
and nursing and to prohibit the temporary residential use from continuing after the
period of medical care ceases. The covenant shall also include an agreement by the
owner to indemnify and save harmless the Township of Spallumcheen against all
costs and expenses incurred by the Township in removing the temporary residence,
in default by the owner in removing said residence, including any legal costs
incurred in pursuing such legal remedies as the Township sees fit. The covenant
shall be registered as a condition precedent to the issuance of a building permit for
the temporary residence; and
9.
A blanket statutory right-of-way shall be granted to the Township of Spallumcheen
permitting the Township of Spallumcheen to enter onto the owner's land for the
purpose of removing the temporary residence in the event that the owner defaults.
The statutory right-of-way shall be registered as a condition precedent to the
issuance of a building permit for the temporary residence; and
10.
An irrevocable unconditional letter of credit from a chartered bank shall be drafted
in favour of the Township of Spallumcheen and shall be held by the Township as
security for performance by the owner of his covenants and obligations with
respect to the removal of the temporary residence. The amount of the letter of
credit shall be 1.5 times the estimated cost of the removal of the temporary
residence which estimate shall be obtained from a qualified moving contractor.
The letter of credit shall be provided as a condition precedent to the issuance of a
building permit for the temporary residence.
DIVISION FOUR - GENERAL PROVISIONS
28
413
MODULAR CONTAINER STORAGE
The following conditions shall apply to modular container storage:
1.
Modular container storage is permitted in all zones where accessory buildings or
structures are permitted;
2.
Modular container storage shall meet the minimum setback, maximum floor area
and other regulations established in all zones for accessory buildings and
structures; and
3.
Notwithstanding the height regulations for accessory buildings and structures in
each zone, the height of modular containers shall not exceed 3 metres in the
Residential Single Family Zone (R1), Residential Manufactured Home Community
Zone (R5), the Small Holding Zone (S.H.) and the Country Residential Zone (C.R.),
and the height of modular containers shall not exceed 6 metres in all other zones.
414
Cannabis Production Facilities in the Agricultural (A.2) Zone
1.
Cannabis production facilities shall only be permitted on lands where:
a)
The use is considered a 'farm use' that may not be prohibited in accordance
with the Agricultural land Commission Act and Regulations; or
b)
The gross floor area of all buildings and structures are used for a cannabis
production facility use and all ancillary uses does not exceed 500 m2; and
i.
The use does not discharge or emit odorous, toxic or noxious
matter or vapour; heat, glare or radiation; recurrently generated
ground vibration; noise in excess of ambient noise at the property
boundary; electrical interference; or any other health or safety
hazards;
2.
Cannabis production facilities shall be provided with setbacks in accordance with
Section 803.8.j and Section J of this Bylaw.
(Bylaw 1986, 2019)
415
BED AND BREAKFAST
Bed and breakfast use operations are permitted in the R1, SH, CR, A2 and LH Zones
provided that:
1.
the bed and breakfast use is contained wholly within the principal dwelling
unit; and
2.
is restricted to a maximum of three bedrooms; and
3.
is provided with one additional off-street parking space, two if more than two
bedrooms are used; and
DIVISION FOUR - GENERAL PROVISIONS
29
4.
in no way indicates from the exterior of the building that the premises are
being used for a bed and breakfast, except for one unilluminated sign less
than 0.5 square metres (5.382 square feet) in area.
Bed and breakfast signs may be double sided or may include two (2) signs joined at one
end to form a V having an angle not greater than thirty degrees (30°).
416
BACKYARD HENS
Backyard Hens are permitted within the R1 Zone with the following conditions:
1.
No roosters shall be permitted;
2.
A maximum of:
a.
six (6) hens may be kept on parcels less than 2,023 square metres (0.5
acre); and
b.
twelve (12) hens may be kept on parcels equal to or greater than 2,023
square metres (0.5 acre).
3.
All hens are to be sheltered in a coop that:
a.
has a minimum floor space of 1.5 square metres (16 square feet); and
b.
is situated in a rear yard that is fully enclosed by a fence, wall or hedge;
and
c.
adheres to the accessory building siting and height requirements of the
R1 Zone.
4.
a person who keeps hens shall:
a.
register for a BC Premise ID; and
b.
maintain the hens and coop structure in such a manner as to minimize
noise and odour, and not allow fecal waste material to accumulate.
417
DOG KENNEL
A dog kennel is permitted within specified zones subject to:
1.
the agricultural setback provisions of Schedule J of this Bylaw, and
2.
the parcel having a minimum lot size of 4 ha. (9.884 acres).
(Bylaw 2135, 2024)
DIVISION FIVE - COMMERCIAL
30
C.2
DIVISION FIVE - COMMERCIAL ZONES
501
HIGHWAY AND TOURIST COMMERCIAL ZONE (C.2)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Highway and Tourist Commercial Zone
(C.2):
a.
Accessory buildings and structures
b.
Accommodation including campgrounds (including rental cabins), hotels,
motels, and one (1) dwelling unit for the owner, operator, or employee of the
principal and permitted use
c.
Food service establishment including coffee shops, convenience stores,
dairy bars, and restaurants
d.
Retail sales of flowers, food (including meat and fish), fruit, garden supplies,
gasoline and motor oil, groceries, plants, produce and liquor subject to the
provisions of Section 501.11.i. of this Bylaw
e.
Service and repair including automobile rental, greenhouses, nurseries,
petroleum distribution installations, and service stations
f.
Transportation facilities including passenger transportation depots
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Highway and Tourist Commercial
Zone (C.2):
a.
Accessory buildings and structures
b.
Accommodation including campgrounds (including rental cabins), hotels,
and motels
c.
Food service establishment including coffee shops, convenience stores,
dairy bars, and restaurants
d.
Residential use, limited to one (1) dwelling unit for the owner, operator, or
employee of the principal and permitted use
e.
Retail sales of flowers, food (including meat and fish), fruit, garden
supplies, gasoline and motor oil, groceries, plants, produce and liquor
subject to the provisions of Section 501.11.i. of this Bylaw
f.
Service and repair including automobile rental, greenhouses, nurseries,
petroleum distribution installations, and service stations
g.
Transportation facilities including passenger transportation depots
2.
Buildings Per Lot:
Except for a motel use, there shall be not more than one (1) principal building
allowed per lot.
DIVISION FIVE - COMMERCIAL
31
C.2
3.
Floor Area:
a.
The floor area for a dwelling unit for the owner, operator, or employee of
the principal and permitted use shall be not less than 60 square metres (645.8
square feet).
b.
The floor area for hotel and motel use shall be not less than:
i.
20 square metres (215.3 square feet) within each sleeping unit; or
ii.
30 square metres (322.9 square feet) within each kitchenette unit; or
iii.
35 square metres (376.7 square feet) within each one-bedroom unit;
or
iv.
55 square metres (592.0 square feet) within each two-bedroom or
larger units.
c.
The total floor area for retail sales of flowers, food (including meat and
fish), fruit, groceries, plants, and produce shall be not greater than 150
square metres (1,615 square feet).
4.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed:
a.
the lesser of 10 metres (32.81 feet) or two (2) storeys for motel use; or
b.
the lesser of 12 metres (39.37 feet) or three (3) storeys for hotel use; or
c.
10 metres (32.81 feet) for all other uses.
5.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than:
a.
560 square metres (6,028 square feet) where served by a community water
system and community sewer system; or
b.
1.0 ha. (2.47 acres) where served by a community water system and septic
tank; or
c.
1.0 ha. (2.47 acres) where the parcel is not served by a community sewer
system or community water system; or
d.
2,000 square metres (21,528 square feet) for hotel and motel use where
served by a community water system and community sewer system; or
DIVISION FIVE - COMMERCIAL
32
C.2
e.
2 ha (4.942 acres) for campground use.
6.
Lot Coverage:
Lot coverage shall be not greater than fifty percent (50%) of the lot area for all
buildings and structures.
7.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than:
a.
15 metres (49.21 feet) where served by a community water system and
community sewer system; or
b.
20 metres (65.62 feet) where served by a community water system and
septic tank; or
c.
40 metres (131.2 feet) where the parcel is not served by a community water
system or a community sewer system.
8.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
C of this Bylaw.
9.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces required
to be provided on a lot or lots, shall be determined by the use or uses being carried
on such lot or lots from time to time.
10.
Setbacks: [Subject to the special building line setback provisions of Section 407 of
this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall be provided
with a depth of not less than 8 metres (26.25 feet) where applicable.
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
DIVISION FIVE - COMMERCIAL
33
C.2
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
Side yards free of all buildings and structures shall be provided with a
width of not less than 3 metres (9.842 feet).
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedule H of this Bylaw.
11.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this Zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or
the provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
c.
A dwelling unit for the use of the owner, operator, or employee of the
principal and permitted use shall be located either at the second storey level
or behind the commercial premises, but being an integral part of these
premises.
d.
A service station use shall not include body or frame repairs or painting.
e.
All auto parts, dismantled vehicles, and similar articles shall be stored
within a building.
f.
With respect to service station use, the fuel pumps and accessory structures
shall not be located closer than 35 metres (114.8 feet) from the centre line
of a controlled access highway.
DIVISION FIVE - COMMERCIAL
34
C.2
g.
Campgrounds shall conform with the requirements of Schedule "F" of this
Bylaw.
h.
Storage yards or areas shall not be permitted in a front yard.
i.
Retail sales of liquor shall only be permitted within a convenience store,
and the floor space used for the display and sale of liquor shall be limited
to 10% of the retail area of the building.
DIVISION FIVE - COMMERCIAL ZONES
35
C.4
502
SERVICE COMMERCIAL ZONE (C.4)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Service Commercial Zone (C.4):
a.
Accessory buildings and structures
b.
Accommodation including one (1) dwelling unit for the owner, operator, or
employee of the principal and permitted use
b.
Residential use, limited to one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
(Bylaw 2135, 2024)
c.
Educational facilities and professional studios including art studios,
business colleges, dance studios, music studios, photography studios, radio
studios, television studios, and trade schools
d.
Entertainment and recreation facilities including arcades, billiard halls,
bowling alleys, drive-in theatres, fraternal lodges, health spas, social clubs,
sports clubs, and sports facilities
e.
Food service establishments including bakeries, butcher shops, caterers,
coffee shops, convenience stores, dairy bars, fish shops, and restaurants
f.
Office and commerce facilities accommodating engineers, funeral homes,
management companies, mortuaries, newspapers, publishing, surveyors,
and veterinarians
g.
Retail sales (including parts and accessories) of appliances, automobiles
(including service), beverages, bicycles, boats (including service), building
supplies, chemicals, electronic equipment, farm equipment (including
service), feed and seed, fertilizers, flowers, furniture, garden supplies,
gasoline and motor oil, glass, hardware, irrigation equipment (including
service), lumber, manufactured homes (including service), motorcycles
(including service), paint, pets, pet food, plants, produce, recreation
vehicles (including service), sporting goods (including rental), tools and
small equipment, trucks (including service) and liquor subject to the
provisions of Section 502.11.g. of this Bylaw
h.
Service and repair including animal beauty parlours, appliance repair,
auction marts, automobile rental, automobile service and repair, barber
shops, battery shops, boat service and repair, bottle depots, car wash,
crematoriums, costume rental, dry cleaners, farmers markets, glass shops,
greenhouses, hairdressers, hatcheries, laboratories, laundromats, locksmith
shops, machine shops contained wholly within a building with no outside
storage, mini-storage facilities, nurseries, optical shops, petroleum
distribution installations, printing shops, recreation vehicle servicing and
rental, service stations, shoe repair, sign shops, tailor shops, taxidermists,
tire shops, tools and small equipment servicing and rental, trade
contractors' offices (including storage), truck service and repair, truck
wash, upholstery shops, movie and games rental shops, watch repair shops,
warehousing (wholesale and distribution), and weigh scales
DIVISION FIVE - COMMERCIAL ZONES
36
C.4
i.
Transportation facilities including passenger transportation depots and
taxi dispatch offices
2.
Buildings Per Lot:
There shall be not more than one (1) principal building allowed per lot.
3.
Floor Area:
The floor area for a dwelling unit for the owner, operator, or employee of the
principal and permitted use shall be not less than 60 square metres (645.8 square
feet).
4.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed the lesser of 10 metres
(32.81 feet) or two (2) storeys.
5.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than:
a.
560 square metres (6,028 square feet) where served by a community water
system and community sewer system; or
b.
1.0 ha. (2.47 acres) where served by a community water system and septic
tank; or
c.
1.0 ha. (2.47 acres) where the parcel is not served by a community sewer
system or community water system.
6.
Lot Coverage:
Lot coverage shall be not greater than fifty percent (50%) of the lot area for all
buildings and structures.
7.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than:
a.
15 metres (49.21 feet) where served by a community water system and
community sewer system; or
b.
20 metres (65.62 feet) where served by a community water system and
septic tank; or
DIVISION FIVE - COMMERCIAL ZONES
37
C.4
c.
40 metres (131.2 feet) where the parcel is not served by a community water
system or community sewer system.
8.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
C of this Bylaw.
9.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces required
to be provided on a lot or lots, shall be determined by the use or uses being carried
on such lot or lots from time to time.
10.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall be provided
with a depth of not less than 4.5 metres (14.76 feet) where applicable.
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
No side yards shall be required, except that:
i.
where a lot abuts a Residential zone or is separated by a lane
therefrom, a side yard free of all buildings and structures shall be
provided with a width of not less than 2 metres (9.842 feet); and
ii.
where the parcel is not served by a lane, there shall be a minimum
of 4 metres (16.40 feet) side yard free of all buildings and
structures on at least one (1) side.
DIVISION FIVE - COMMERCIAL ZONES
38
C.4
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedule H of this Bylaw.
11.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule "B" to this Bylaw
applicable to the business or undertaking proposed to be carried on,
are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under the
provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
c.
A dwelling unit for the use of the owner, operator, or employee of the
principal and permitted use shall be located either at the second storey level
or behind the commercial premises, but being an integral part of these
premises.
d.
All auto parts, dismantled vehicles, and similar articles shall be stored
within a building.
e.
With respect to service station use, the fuel pumps and accessory structures
shall not be located closer than 35 metres (114.8 feet) from the centre line
of a controlled access highway.
f.
Storage yards or areas shall not be permitted in a front yard, except on:
a.
Lot 2, Section 35, Township 8,0.D.Y.D., Plan KAP10785, Except
Plans H17039 and KAP67931 (PID: 009-535-004; 9 Ridgeview
Road) in the front yard adjacent to Greenhow Road, and
b.
That portion of Lot A, Section 35, Township 8, O.D.Y.D., Plan
KAP78698 (PID: 026-379-996; 8 Greenhow Road) lying within
the Corporate Boundaries of the Township of Spallumcheen."
(Bylaw 2104, 2023)
DIVISION FIVE - COMMERCIAL ZONES
39
C.4
g.
Retail sales of liquor shall only be permitted within a convenience store,
and the floor space used for the display and sale of liquor shall be limited
to 10% of the retail area of the building.
DIVISION FIVE - COMMERCIAL ZONES
40
C.5
503
RECREATION COMMERCIAL ZONE (C.5)
1. Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Recreation Commercial Zone (C.5):
a.
Accessory buildings and structures
b.
Accommodation including campgrounds (including rental cabins), motels,
and one (1) dwelling unit for the owner, operator, or employee of the
principal and permitted use
c.
Entertainment and recreation facilities including animal racetracks, arcades,
billiard halls, bowling alleys, drive-in theatres, golf courses and driving
ranges, health spas, marinas, museums, outdoor entertainment, amusement
and recreation facilities, sports clubs, sports facilities, theatres, tourist
amusement facilities, theme parks, and zoos
d.
Food service establishment including coffee shops, dairy bars, and
restaurants ancillary to the recreation commercial use
e.
Retail sales (including parts and accessories) of boats, gasoline and motor
oil, recreation vehicles, and sporting goods (including rental)
f.
Service and repair including recreation vehicle servicing and rental and
taxidermists
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Recreation Commercial Zone (C.5):
a.
Accessory buildings and structures
b.
Accommodation including campgrounds (including rental cabins), and
motels
c.
Entertainment and recreation facilities including animal racetracks,
arcades, billiard halls, bowling alleys, drive-in theatres, golf courses and
driving ranges, health spas, marinas, museums, outdoor entertainment,
amusement and recreation facilities, sports clubs, sports facilities,
theatres, tourist amusement facilities, theme parks, and zoos
d.
Food service establishment including coffee shops, dairy bars, and
restaurants ancillary to the recreation commercial use
e.
Residential use, limited to one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
f.
Retail sales (including parts and accessories) of boats, gasoline and
motor oil, recreation vehicles, and sporting goods (including rental)
g.
Service and repair including recreation vehicle servicing and rental and
taxidermists
(Bylaw 2135, 2024)
2.
Floor Area:
DIVISION FIVE - COMMERCIAL ZONES
41
C.5
a.
The floor area for a dwelling unit for the owner, operator, or employee of
the principal and permitted use shall be not less than 60 square metres
(645.8 square feet).
b.
The total floor area for retail sales of sporting goods (including rental) shall
be not greater than 150 square metres (1,615 square feet).
c.
The floor area for hotel and motel use shall be not less than:
i.
20 square metres (215.3 square feet) within each sleeping unit; or
ii.
30 square metres (322.9 square feet) within each kitchenette unit;
or
iii.
35 square metres (376.7 square feet) within each one-bedroom
unit; or
iv.
55 square metres (592.0 square feet) within each two-bedroom or
larger units.
3.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than 1.0 ha. (2.47 acres), except that lots for rental cabins and motel
units and campgrounds shall have an area of not less than 2 ha (4.942 acres).
4.
Lot Coverage:
Lot coverage shall be not greater than thirty percent (30%) of the lot area for all
buildings and structures.
5.
Lot Frontage:
Each lot shall have a road frontage in accordance with the provisions of Section
1301.1.e.i. of this Bylaw.
6.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
C of this Bylaw.
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces required
to be provided on a lot or lots, shall be determined by the use or uses being carried
on such lot or lots from time to time.
DIVISION FIVE - COMMERCIAL ZONES
42
C.5
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall be provided
with a depth of not less than 8 metres (26.25 feet) where applicable.
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
c.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
d.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
e.
Side Yards:
Side yards free of all buildings and structures shall be provided with a
width of not less than 2 metres (6.562 feet).
f.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedule H of this Bylaw.
9.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
DIVISION FIVE - COMMERCIAL ZONES
43
C.5
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Campgrounds shall conform with the requirements of Schedule F of this
Bylaw.
c.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
d.
Storage yards or areas shall not be permitted in a front yard.
DIVISION FIVE - COMMERCIAL ZONES
44
C.6
504
AGRICULTURAL COMMERCIAL ZONE (C.6)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Agricultural Commercial Zone (C.6):
a.
Accessory buildings and structures
b.
Accommodation including one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
b.
Residential use, limited to one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
(Bylaw 2135, 2024)
c.
Office and commerce facilities accommodating veterinarians
d.
Retail sales (including parts and accessories) of farm equipment (including
service), feed and seed, fertilizers, flowers, garden supplies, irrigation
equipment (including service), plants, and produce
e.
Service and repair including farmers markets, greenhouses, hatcheries,
livestock auction marts, and nurseries
2.
Buildings Per Lot:
There shall be not more than one (1) principal building allowed per lot.
3.
Floor Area:
The floor area for a dwelling unit for the owner, operator, or employee of the
principal and permitted use shall be not less than 60 square metres (645.8 square
feet).
4.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed the lesser of 10 metres
(32.81 feet) or two (2) storeys.
5.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than:
a.
560 square metres (6,028 square feet) where served by a community water
system and community sewer system; or
b.
1.0 ha. (2.47 acres) where served by a community water system and septic
tank; or
c.
1.0 ha. (2.47 acres) where the parcel is not served by a community sewer
system or community water system.
DIVISION FIVE - COMMERCIAL ZONES
45
C.6
6.
Lot Coverage:
Lot coverage shall be not greater than fifty percent (50%) of the lot area for all
buildings and structures.
7.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than:
a.
15 metres (49.21 feet) where served by a community water system and
community sewer system; or
b.
20 metres (65.62 feet) where served by a community water system and
septic tank; or
c.
40 metres (131.2 feet) where the parcel is not served by a community water
system or community sewer system.
8.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
C of this Bylaw.
9.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces required
to be provided on a lot or lots, shall be determined by the use or uses being carried
on such lot or lots from time to time.
10.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall be provided
with a depth of not less than 4.5 metres (14.76 feet) where applicable.
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
DIVISION FIVE - COMMERCIAL ZONES
46
C.6
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
Side yards free of all buildings and structures shall be provided with a
width of not less than 3 metres (9.842 feet).
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedule H of this Bylaw.
11.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
c.
A dwelling unit for the use of the owner, operator, or employee of the
principal and permitted use shall be located either at the second storey level
or behind the commercial premises, but being an integral part of these
premises.
d.
For the purpose of this Section, "Livestock Auction Mart" means an
auction mart enterprise that allows buildings, structures, and enclosures as
required for the keeping and holding of animals for sale; but in no case
shall any animals be kept for a period longer than ten (10) days. The
principal use shall also allow for the provision of food and beverage
service facilities ancillary to and operated in conjunction with an auction
sale, only on such days as auction sales are conducted. In no case, will
DIVISION FIVE - COMMERCIAL ZONES
47
C.6
this enterprise be deemed to allow slaughtering of animals or the
provision of slaughtering facilities.
e.
Storage yards or areas shall not be permitted in a front yard.
DIVISION FIVE - COMMERCIAL ZONES
49
C.7
505
COMPREHENSIVE COMMERCIAL (AUTOMOTIVE VEHICLE RACETRACK
AND TRANSPORTATION FACILITY) ZONE (C.7)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Comprehensive Commercial
(Automotive Vehicle Racetrack and Transportation Facility) Zone (C.7):
a.
Accessory buildings and structures
b.
One (1) dwelling unit for the owner, operator, or employee of the principal
and permitted use
b.
Residential use, limited to one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
(Bylaw 2135, 2024)
c.
Automotive vehicle racetrack facilities
d.
Dog kennel subject to the provisions of Section 505.9.d. of this Bylaw
e.
Food and alcoholic beverage service ancillary to the principal use
f.
Limited agricultural use subject to the provisions of Section 505.9.d. of this
Bylaw
g.
Outdoor entertainment subject to the provisions of Section 505.9.e. of this
Bylaw
h.
Truck terminals and freight handling facilities subject to the provisions of
Section 505.9.f. of this Bylaw
i.
Outdoor storage
j.
Indoor and outdoor events, including RV shows, flea markets, film
productions and weddings
k.
Non-racing (street legal) type cars
l.
Driving schools for racing type cars subject to the provisions of Section
505.9.i of this Bylaw
(Bylaw 1767, 2010)
2.
Floor Area:
The floor area for a dwelling unit for the owner, operator, or employee of the
principal and permitted use shall be not less than 60 square metres (645.8 square
feet).
3.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than 12 ha (29.65 acres).
4.
Lot Coverage:
Lot coverage shall be not greater than thirty percent (30%) of the lot area for all
buildings and structures.
DIVISION FIVE - COMMERCIAL ZONES
50
C.7
5.
Lot Frontage:
Each lot shall have a road frontage in accordance with the provisions of Section
1301.1.e.i. of this Bylaw.
6.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
C of this Bylaw.
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces required
to be provided on a lot or lots, shall be determined by the use or uses being carried
on such lot or lots from time to time.
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall be provided
with a depth of not less than 15 metres (49.21 feet) where applicable.
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 15 metres (49.21 feet).
c.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
d.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 15 metres (49.21 feet).
e.
Side Yards:
Side yards free of all buildings and structures shall be provided with a
width of not less than 15 metres (49.21 feet).
DIVISION FIVE - COMMERCIAL ZONES
51
C.7
f.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408
and Schedule H of this Bylaw.
9.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
c.
Storage yards or areas shall not be permitted in a front yard.
d.
A limited agricultural use and a dog kennel shall be subject to the
agricultural setback provisions of Schedule J of this Bylaw.
e.
Outdoor entertainment including such things as music festivals and
concerts shall be permitted subject to the approval of any authority having
jurisdiction with respect to noise, health and safety, traffic control,
policing, etc.
f.
Not more than 4 ha (9.884 acres) shall be used for truck terminal and
freight handling purposes and such area shall be contiguous. Outdoor
vehicle storage areas shall be screened from all abutting highways with a
solid view obscuring evergreen landscape screen.
g.
Off premises sale of alcohol shall not be permitted.
h.
Businesses operating automotive vehicle racetrack facilities shall be
limited to operating a maximum of 18 days per annum between the hours
of 12 o'clock noon and 12 o'clock midnight.
DIVISION FIVE - COMMERCIAL ZONES
52
C.7
i.
Businesses operating driving schools for racing type cars shall be limited
to operating between the hours of 10:00 o'clock in the forenoon and 6:00
o'clock in the afternoon during weekdays (Monday through Friday).
(Bylaw 1767, 2010)
DIVISION SIX - INDUSTRIAL ZONES
53
I.1
DIVISION SIX - INDUSTRIAL ZONES
601
LIGHT INDUSTRIAL ZONE (I.1)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Light Industrial Zone (I.1):
a.
Accessory buildings and structures
b.
Accommodation including one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
b.
Residential use, limited to one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
(Bylaw 2135, 2024)
c.
Dog kennel subject to the regulations of Section 601.10.i. of this Bylaw
c.
Dog kennel subject to the regulations of Section 417 of this Bylaw
(Bylaw 2135, 2024)
d.
Food service establishment including bakeries and coffee shops
e.
Limited agricultural use subject to the regulations of Section 601.10.d. of
this Bylaw
f.
Retail sales (including parts and accessories) of automobiles, building
supplies, chemicals, farm equipment (including service), gasoline and
motor oil, irrigation equipment (including service), lumber, mobile homes
(including service), tools and small equipment, trucks, and other products
manufactured or processed on site
g.
Service and repair including automobile body and paint shops, automobile
service and repair, battery shops, boat service and repair, bottling plants,
car wash, crematoriums, cold storage plants, frozen food lockers,
laboratories, machine shops, manufacturing and processing provided that
they do not create fire, explosion, or safety hazards; noise in excess of
average intensity of street and traffic noise in the area in question; emit
smoke, dust, dirt, toxic, or offensive odours or gas; and there is no
production of heat or glare perceptible from any lot line of the site on which
the use is located, mini storage facilities, petroleum distribution
installations, printing shops, recreation vehicle servicing and rental, service
stations, sign shops, taxidermists, tire shops, tools and small equipment
servicing and rental, trade contractors offices including storage, truck
service and repair, truck wash, trucking yards and terminals including
cartage and freighting, upholstery shops, warehousing (wholesale and
distribution), weigh scales, and welding shops
h.
Transportation facilities including passenger transportation depots and taxi
dispatch offices
i.
Crematoriums, columbariums.
DIVISION SIX - INDUSTRIAL ZONES
54
I.1
2.
Floor Area:
The dwelling unit shall have a minimum floor area of 60 square metres (645.8 square
feet) and shall be an integral part of the principal building and the dwelling unit shall
not exceed the floor area of the principal building.
3.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed 12 metres (39.37 feet).
4.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than 1.0 ha. (2.47 acres).
5.
Lot Coverage:
Lot coverage shall be not greater than sixty five percent (65%) of the lot area for
all buildings and structures.
6.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than 45 metres (147.6 feet).
7.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
"C" of this Bylaw.
8.
Off-Street Parking:
Off-street parking including trucking yards and terminals shall be provided and
maintained in accordance with the provisions of Schedule "B" of this Bylaw and
the number of parking spaces required to be provided on a lot or lots, shall be
determined by the use or uses being carried on such lot or lots from time to time.
9.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall, where
applicable, be provided with a depth of not less than 8 metres (26.25 feet).
DIVISION SIX - INDUSTRIAL ZONES
55
I.1
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
No side yards shall be required, except that:
i.
where a lot abuts a Residential zone or is separated by a lane
therefrom, a side yard free of all buildings and structures shall be
provided with a width of not less than 3 metres (9.842 feet); and
ii.
where the parcel is not served by a lane, there shall be a minimum
of 4 metres (13.12 feet) side yard free of all buildings and
structures on at least one (1) side.
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedules H and J of this Bylaw.
10.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
With the exception of normal agricultural practices nothing shall be done
which is or will become an annoyance or nuisance to the surrounding areas
by reason of unsightliness, the emission of odours, liquid effluence, dust,
fumes, smoke, vibration, noise or glare; nor shall anything be done which
DIVISION SIX - INDUSTRIAL ZONES
56
I.1
creates or causes a health, fire, or explosion hazard, electrical
interference, or undue traffic congestion.
c.
A dwelling unit for the use of the owner, operator, or employee of the
principal and permitted use shall be located either at the second storey level
or behind the industrial premises, but being an integral part of these
premises.
d.
A limited agricultural use shall not be permitted on lots smaller than 1 ha
(2.471 acres) and all buildings and structures used for limited agricultural
purposes shall:
i.
not exceed two (2) per lot; and
ii.
not exceed a height of 10 metres (32.81 feet); and
iii.
not exceed a site coverage of ten percent (10%); and
iv.
not be sited less than:
a.
30 metres (98.42 feet) from any front or exterior side lot
line; and
b.
8 metres (26.25 feet) from any side or rear lot line; and
c.
30 metres (98.42 feet) from any lot line, for all buildings
and structures used for housing and feeding animals,
notwithstanding the requirements of Subsection d.iv.b.
above; and
d.
3 metres (9.842 feet) from any other building.
e.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
f.
With respect to service station use, the fuel pumps and accessory structures
shall not be located closer than 35 metres (114.8 feet) from the centre line
of a controlled access highway.
g.
Impermeable catch-basins shall be provided for all fuel and chemical
storage in accordance with the requirements of the Provincial Fire
Commissioner and/or the Waste Management Branch, Ministry of
Environment, where applicable.
h.
Storage yards or areas shall not be permitted in a front yard.
DIVISION SIX - INDUSTRIAL ZONES
57
I.1
i.
A dog kennel shall not be permitted on lots smaller than 4 ha. (9.884 acres)
and a dog kennel shall be subject to the agricultural setback provisions of
Schedule J of this Bylaw.
(Bylaw 2135, 2024)
DIVISION SIX - INDUSTRIAL ZONES
58
I.2
602
GENERAL INDUSTRIAL ZONE (I.2)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the General Industrial Zone (I.2):
a.
Retail sales (including parts and accessories) of heavy equipment and
machinery
b.
Service and repair including automobile wrecking and junk yards, bulk
storage plants, contractors for general and heavy construction, machinery
and heavy equipment repair, and the manufacturing, processing, and
storage of:
-
chemical and allied products including compressed gases,
disinfectants, gum and wood chemicals, insecticides, primer and
plastics, and rubber
-
food products including feed, flour, fruit, and grain
-
machinery and transportation equipment or other products of like
character and kind such as agricultural implements, boats,
compressors, electrical machinery, engines, pumps, and turbines
-
metal products including boilers and plates, fabricated and
structural metals, and pipe tubing
-
non-metallic mineral products or other products of like character
and kind such as abrasive products, asbestos products; cement,
plaster, lime, gypsum, and associated products; clay and clay
products; concrete products or ready mix concrete; fibreglass
products; rock, sand, and gravel; and stone products
-
petroleum and coal products including asphalt, coal and tar
products, coke, creosote, paving and roofing materials, and
petroleum products
-
synthetic fibres
-
wood products including lumber and building materials, millwork
products, plywood and veneer, poles, prefabricated and structural
wood products, shingles, and wood preserving
c.
Uses permitted in the Light Industrial Zone (I.1) subject to the provisions
of that zone
2.
Floor Area:
The dwelling unit shall have a minimum floor area of 60 square metres (645.8
square feet) and shall be an integral part of the principal building and the dwelling
unit shall not exceed the floor area of the principal building.
(Bylaw 2135, 2024)
DIVISION SIX - INDUSTRIAL ZONES
59
I.2
3.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed 18 metres (59.05 feet).
4.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this bylaw, each lot shall have an
area of not less than 1.0 ha. (2.47 acres).
5.
Lot Coverage:
Lot coverage shall be not greater than sixty five percent (65%) of the lot area for
all buildings and structures.
6.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than 45 metres (147.64 feet).
7.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
"C" of this Bylaw.
8.
Off-Street Parking:
Off-street parking including trucking yards and terminals shall be provided and
maintained in accordance with the provisions of Schedule "B" of this Bylaw and
the number of parking spaces required to be provided on a lot or lots, shall be
determined by the use or uses being carried on such lot or lots from time to time.
9.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall, where
applicable, be provided with a depth of not less than 8 metres (26.25 feet).
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
DIVISION SIX - INDUSTRIAL ZONES
60
I.2
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
No side yard shall be required, except that:
i.
where a lot abuts a Residential zone or is separated by a lane
therefrom, a side yard free of all buildings and structures shall be
provided with a width of not less than 3 metres (9.842 feet); and
ii.
where the parcel is not served by a lane, there shall be a minimum
of 4 metres (13.12 feet) side yard free of all buildings and
structures on at least one (1) side.
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedules H and J of this Bylaw.
10.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Nothing shall be done which is or will become an annoyance or nuisance
to the surrounding areas by reason of unsightliness, the emission of odours,
liquid effluence, dust, smoke, vibration, noise or glare; nor shall any
activity be carried out which creates or causes a health, fire, or explosion
hazard, electrical interference, or undue traffic congestion.
c.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
DIVISION SIX - INDUSTRIAL ZONES
61
I.2
d.
A dwelling unit for the use of the owner, operator, or employee of the
principal and permitted use shall be located either at the second storey level
or behind the industrial premises, but being an integral part of these
premises.
(Bylaw 2135, 2024)
e.
A limited agricultural use shall not be permitted on lots smaller than 1 ha
(2.471 acres).
f.
With respect to service station use, the fuel pumps and accessory structures
shall not be located closer than 35 metres (114.8 feet) from the centre line
of a controlled access highway.
g.
Impermeable catch-basins shall be provided for all fuel and chemical
storage in accordance with the requirements of the Provincial Fire
Commissioner and/or the Waste Management Branch, Ministry of
Environment, where applicable.
h.
Storage yards or areas shall not be permitted in a front yard.
DIVISION SIX - INDUSTRIAL ZONES
62
I.4
603
AGRICULTURAL INDUSTRIAL ZONE (I.4)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Agricultural Industrial Zone (I.4):
a.
Accessory buildings and structures
b.
Accommodation including one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
b.
Residential use, limited to one (1) dwelling unit for the owner, operator,
or employee of the principal and permitted use
(Bylaw 2135, 2024)
c.
Cottage industries including estate wineries, cottage breweries, and fancy
meat and sausage processing
d.
Dog kennel subject to the regulations of Section 603.7.f. of this Bylaw.
d.
Dog kennel subject to the regulations of Section 417 of this Bylaw
(Bylaw 2135, 2024)
e.
General agricultural industries including animal by-products and rendering
plants, canneries, dairies, dehydration and freezing plants, feed and flour
mills and related processing, fertilizer storage and sales, fruit and vegetable
processing, hatcheries, poultry dressers, meat packing establishments, and
slaughter houses
f.
Intensive agricultural use subject to the setback provisions of Section 803
of this Bylaw
g.
Livestock and farm equipment auctions
h.
Retail sale of products manufactured or processed on site or in the case of
an agricultural use the retail sale of products that are grown, reared, raised,
or produced on the farm unit.
i.
Transportation facilities including passenger transportation depots and taxi
dispatch offices.
j.
Medical marihuana Cannabis production facilities subject to the setback
provisions of Section 603.6.g and Schedule J of this Bylaw
(Bylaw 1855, 2013) (Bylaw 1961, 2018)
k.
A Feed Mill and related processing, and no other uses, subject to the
Agricultural land Commission approval as outlined in the provisions of
section 603.7.g of this bylaw.
(Bylaw 2047, 2021)
2.
Floor Area:
a.
The floor area for estate wineries shall be not greater than 2,000 square
metres (21,528 square feet).
b.
The floor area for fancy meat and sausage processing shall be not greater
than 200 square metres (2,153 square feet).
DIVISION SIX - INDUSTRIAL ZONES
63
I.4
c.
The dwelling unit shall have a minimum floor area of 60 square metres
(645.8 square feet) and shall be an integral part of the principal building
and the dwelling unit shall not exceed the floor area of the principal
building.
(Bylaw 2135, 2024)
3.
Lot Area:
a.
A cottage industry shall not be permitted on a lot less than 0.4 ha (0.988
acres).
b.
A general agricultural industrial use shall not be permitted on a lot less than
8 ha (19.77 acres) in size and the area zoned for general agricultural
industrial use shall be not less than 1 ha (2.471 acres).
The minimum parcel size for subdivision shall not be less than 1 ha (2.47 acres).
(Bylaw 2029, 2021)
4.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
"C" of this Bylaw.
5.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule "B" of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or uses being
carried on such lot or lots from time to time.
6.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall, where
applicable, be provided with a depth of not less than 30 metres (98.42 feet),
except that an exterior side yard free of all buildings and structures shall be
provided with a depth of not less than 180 metres (590.5 feet) for animal
by-products plants, rendering plants, poultry dressers, and slaughter
houses.
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 30 metres (98.42 feet) except that a front yard free
of all buildings and structures shall be provided with a depth of not less
than 180 metres (590.5 feet) for animal by-products plants, rendering
plants, poultry dressers, and slaughter houses.
DIVISION SIX - INDUSTRIAL ZONES
64
I.4
c.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building, except that:
i.
buildings for agricultural use involving the keeping of animals
shall not be sited within 30 metres (98.42 feet) of any residential
dwelling not sited on the same lot; and
ii.
animal by-products plants, rendering plants, poultry dressers, and
slaughter houses shall not be sited within 180 metres (590.5 feet)
from any residential dwelling; and
iii.
residential dwellings shall not be sited within 180 metres (590.5
feet) of any animal by-products plant, rendering plant, poultry
dresser, or slaughter house.
d.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet) except that a rear yard free of
all buildings and structures shall be provided with a depth of not less than
90 metres (295.3 feet) for animal by-products plants, rendering plants,
poultry dressers, and slaughter houses.
e.
Side Yards:
A side yard free of all buildings and structures shall be provided, on each
side of the building, with a width of not less than 8 metres (26.25 feet)
except that side yards free of all buildings and structures shall be provided
with a width of not less than 90 metres (295.3 feet) for animal by-products
plants, rendering plants, poultry dressers, and slaughter houses.
f.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedules H and J of this Bylaw.
g.
Cannabis Production Facilities
Cannabis production facilities must be setback at least 120 m from
properties used for assembly or civic use purposes.
(Bylaw 1961, 2018)
DIVISION SIX - INDUSTRIAL ZONES
65
I.4
7.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Site coverage shall be not greater than thirty percent (30%) of the area
zoned Agricultural Industrial (I.4).
c.
Cottage industries shall be established as a use accessory to an agricultural
use and subject to the following:
i.
shall not involve the sale of a commodity on the premises unless it
is produced or processed on the premises; and
ii.
shall be completely enclosed within a building; and
iii.
shall not discharge or emit odorous, toxic, or noxious matter or
vapour; heat, glare, or radiation; recurrently generated ground
vibration; or noise.
d.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
e.
Storage yards or areas shall not be permitted in a front yard.
f.
A dog kennel shall not be permitted on lots smaller than 4 ha. (9.884 acres)
and a dog kennel shall be subject to the agricultural setback provisions of
Schedule J of this Bylaw.
(Bylaw 2135, 2024)
g.
Notwithstanding the Agricultural Industrial Zone (I.4) standards
outlined in Section 603.7.k of this bylaw, the Agricultural Land
Commission approves the Non-Farm Use of a Feed Mill and related
processing, and no other uses, being granted on a property 2.47 acres
in size as outlined in the Township of Spallumcheen Zoning
Amendment Bylaw 2029, 2021 and located on a lot legally described as
that part of Lot 2 Section 2 and Section 35 Township 8 Osoyoos
DIVISION SIX - INDUSTRIAL ZONES
66
I.4
Division Yale District Plan 35183 Except Plans 35556, KAP54885 and
KAP74082 and located at 4305 L & A Cross.
h.
A dwelling unit for the use of the owner, operator, or employee of the
principal and permitted use shall be located either at the second storey
level or behind the industrial premises, but being an integral part of these
premises.
(Bylaw 2135, 2024)
DIVISION SIX - INDUSTRIAL ZONES
67
I.5
604
SOIL REMOVAL AND PROCESSING ZONE (I.5)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Soil Removal and Processing Zone
(I.5):
a.
Accessory buildings and structures
b.
Manufacturing, processing, finishing, and storage of the following
non-metallic mineral products, or others of like character or kind:
-
concrete products or ready mix concrete
-
rock, sand, and gravel
-
stone products
c.
Manufacturing, processing, and storage of asphalt paving and roofing
materials
d.
Retail sale of products manufactured or processed on site
e.
Silviculture
f.
Soil extraction
2.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed 18 metres (59.05 feet).
3.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than:
a.
0.5 ha (1.235 acres) for manufacturing, processing, and storage uses
subject to the provisions of Section 604.9.f. of this Bylaw, on parcels
connected to a community sewer system;
b.
1.0 ha. (2.47 acres) for manufacturing, processing, and storage uses subject
to the provisions of Section 604.9.f. of this Bylaw, on parcels not connected
to a community sewer system; or
c.
4 ha (9.884 acres) for soil extraction.
4.
Lot Coverage:
Lot coverage shall be not greater than sixty five percent (65%) of the lot area for
all buildings and structures.
5.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than:
DIVISION SIX - INDUSTRIAL ZONES
68
I.5
a.
45 metres (147.64 feet) for manufacturing, processing, finishing, and
storage uses; or
b.
that prescribed in Section 1301.1.e.i. of this Bylaw for soil extraction use.
6.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
"C" of this Bylaw.
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule "B" of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or uses being
carried on such lot or lots from time to time.
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall, where
applicable, be provided with a depth of not less than 15 metres (49.21 feet).
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 15 metres (49.21 feet).
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
Side yards free of all buildings and structures shall be provided with a
width of not less than 6 metres (19.68 feet).
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedule H of this Bylaw.
DIVISION SIX - INDUSTRIAL ZONES
69
I.5
9.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met.
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
Screening and landscaping shall be provided in accordance with the
requirements of Section 406 and Schedule I of this Bylaw.
c.
Impermeable catch basins shall be provided for all fuel and chemical
storage and equipment servicing areas.
d.
The depth and horizontal limits of all soil extraction areas shall be as
determined by Council.
e
The minimum lot size specified in Section 604.3.a and b of this Bylaw shall
only be permitted upon removal of all soil as allowed in Section 604.9.d.
of this Bylaw.
f.
Storage yards or areas shall not be permitted in a front yard.
DIVISION SIX - INDUSTRIAL ZONES
70
I.6
605
FOREST PRODUCT INDUSTRIAL ZONE (I.6)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Forest Product Industrial Zone (I.6):
a.
Storage, conservation, management, manufacturing and processing of logs
and timber. The uses shall include such things as log sort yards, shingle
mills, sawmills, planer mills, drying kilns, etc. but shall specifically
exclude pulp mills.
b.
Retail sale of products manufactured or processed on site
c.
Silviculture
2.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed 18 metres (59.05 feet).
3.
Lot Area:
Subject to the provisions of Section 1301.2.f. of this Bylaw, each lot shall have an
area of not less than 20 ha (49.42 acres).
4.
Lot Coverage:
Lot coverage shall be not greater than ten percent (10%) of the lot area for all
buildings and structures.
5.
Lot Frontage:
Subject to the provisions of Section 1301.1.f. of this Bylaw, each lot shall have a
road frontage of not less than one-tenth of the perimeter of the parcel.
6.
Off-Street Loading:
Off-street loading shall be provided and maintained in accordance with Schedule
C of this Bylaw.
DIVISION SIX - INDUSTRIAL ZONES
71
I.6
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or
uses being carried on such lot or lots from time to time.
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall, where
applicable, be provided with a depth of not less than 15 metres (49.21 feet).
b.
Front Yard:
A front yard free of all buildings and structures shall be provided with a
depth of not less than 15 metres (49.21 feet).
c.
Rear Yard:
A rear yard free of all buildings and structures shall be provided with a
depth of not less than 8 metres (26.25 feet).
d.
Side Yards:
Side yards free of all buildings and structures shall be provided with a
width of not less than 8 metres (26.25 feet).
e.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408
and Schedule H of this Bylaw.
9.
Other Requirements:
a.
No business or undertaking shall be carried on any lot or lots situate within
this zone unless the following requirements are first met:
i.
The off-street parking requirements of Schedule B to this Bylaw
applicable to the business or undertaking proposed to be carried
on, are met; and
DIVISION SIX - INDUSTRIAL ZONES
72
I.6
ii.
The proprietor or owner of such business or undertaking has
obtained a licence for the carrying on of such business or
undertaking where such licence is required to be obtained under
the provisions of the Trade Licence Act of British Columbia or the
provisions of such other applicable Statutes, Bylaws, and
regulations in force from time to time.
b.
A 10 metre wide landscape screen/buffer strip shall be provided along any
abutting highway or residential zone as a condition precedent to the use of
land for any of the uses cited in Section 1. above. The landscape
screen/buffer strip shall be planted with indigenous trees, sufficient in
terms of the number and size of plant materials used, to provide an
effective view obscuring screening of the activities occurring on the lands
in question.
c.
Impermeable catch basins shall be provided for all fuel and chemical
storage and equipment servicing areas.
DIVISION SEVEN - RESIDENTIAL ZONES
73
R.1
DIVISION SEVEN - RESIDENTIAL ZONES
701
RESIDENTIAL SINGLE FAMILY ZONE (R.1)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Residential Single Family Zone
(R.1):
a.
Accessory residential
b.
Bed and breakfast facilities subject to the provisions of Section 701.10.a.
of this Bylaw
b.
Bed and breakfast facilities subject to the provisions of Section 415 of
this Bylaw
(Bylaw 2135, 2024)
c.
Residential Home occupations subject to the provisions of Section
701.10.b. of this Bylaw
d.
Single family dwellings which may include secondary suites subject to the
provisions of Section 701.10.c. of this Bylaw
e.
Backyard Hens subject to the provisions of Section 416 of this Bylaw
(Bylaw 2135, 2024)
2.
Accessory Residential Buildings and Structures:
Notwithstanding the setback, building size, or height restrictions cited elsewhere in
this Section, accessory residential buildings and structures shall:
a.
be sited not less than:
i.
8 metres (26.25 feet) from any front or exterior side lot line; and
ii.
1.5 metres (4.921 feet) from any rear or side lot line; and
iii.
3 metres (9.842 feet) from any other building or structure.
Notwithstanding the provisions of Subsection 2.a. above, a carport or garage
opening onto a lane shall be sited not less than 2 metres (6.562 feet) from any such
lane and a detached garage may be sited not less than 4.5 metres (14.76 feet) from
the front or exterior side lot lines on lots exceeding twenty percent (20%) average
natural slope determined from the uppermost point on the lot to the lowest point on
the lot; and
b.
be not larger than 80.3 square metres (864.37 square feet) having a
horizontal dimension of not more than 11 metres (36.09 feet) for domestic
garages and be not larger than 15 square metres (161.5 square feet) for all
other accessory residential buildings and structures; and
DIVISION SEVEN - RESIDENTIAL ZONES
74
R.1
b.
shall have a combined maximum floor space area of 100m2 (1,076.4
square feet); and
(Bylaw 2110, 2023)
c.
in the case of carports or garages, constructed so that the roof or ridge
line shall not be in excess of 5 metres (16.40 feet) above the driveway at
the entrance to the garage or carport. All other accessory buildings shall
be constructed with a maximum height of 5 metres (16.40 feet).
3.
Buildings Per Lot:
The number of buildings allowed per lot shall be not more than:
a.
one (1) single family dwelling; and
b.
one (1) domestic garage and one (1) other accessory residential building or
two (2) accessory residential buildings other than domestic garages.
b.
three (3) accessory residential buildings (including domestic garage)
(Bylaw 2110, 2023)
4.
Height of Buildings and Structures:
The height of residential dwellings shall not exceed the lesser of 8 metres (26.25
feet) or two (2) storeys except where the average natural slope of the lot exceeds
five percent (5%), in which case the height of residential dwellings on the
downhill side of a road shall not exceed a height of 5 metres (16.40 feet) above
the centerline of the road immediately adjacent to the center of the front of the
residence and residential dwellings located on the uphill side of the road shall not
exceed a height of 5 metres (16.40 feet) above the mid point of the rear property
line on which the residence is located. The average natural slope of the lot shall
be measured from the lowest point on the lot to the uppermost point on the lot.
5.
Lot Area:
Each lot shall have an area in accordance with Schedule "D" of this Bylaw.
6.
Lot Coverage:
Lot coverage shall be not greater than thirty-five percent (35%) of the lot area for
all buildings and structures.
7.
Lot Frontage:
Each lot shall have a road frontage in accordance with Schedule "D" of this Bylaw.
DIVISION SEVEN - RESIDENTIAL ZONES
75
R.1
8.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule "B" of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or uses being
carried on such lot or lots from time to time.
9.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Exterior Side Yard:
An exterior side yard free of all buildings and structures shall be provided
with a depth of not less than 5 metres (16.40 feet) where applicable.
b.
Front Yard:
A front yard free of buildings and structures shall be provided with a depth
of not less than that required in Schedule "D" of this Bylaw for single
family dwellings.
c.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
d.
Rear Yard:
A rear yard free of buildings and structures shall be provided with a depth
of not less than 8 metres (26.25 feet) for single family dwellings.
e.
Side Yards:
Side yards free of buildings and structures shall be provided with a width
of not less than 2 metres (6.562 feet).
f.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedule H of this Bylaw.
10.
Other Requirements:
a.
Bed and breakfast use operations are permitted provided that:
i.
the bed and breakfast use is contained wholly within the principal
dwelling; and
DIVISION SEVEN - RESIDENTIAL ZONES
76
R.1
ii.
is restricted to a maximum of three bedrooms; and
iii.
is provided with one additional off-street parking space, two if
more than two bedrooms are used; and
iv.
in no way indicates from the exterior of the building that the
premises are being used for a bed and breakfast, except for one
unilluminated sign less than 0.5 square metres (5.382 square feet)
in area.
b.
Residential Home occupations are permitted provided that:
i.
all activities, including the storage of materials, equipment and
products, are completely enclosed within the principal dwelling or
accessory building; and
ii.
the home occupation or occupations occupy a maximum total floor
area of less than twenty percent (20%) of the floor area of the
principal dwelling, not to exceed 60 square metres (645.86 square
feet). The maximum total floor area includes all areas in any
dwelling unit or accessory residential building that is used, or
proposed to be used, for home occupation purposes. Where more
than one home business exists, maximum combined total floor
area of all home occupations is twenty percent (20%) of the floor
area of the principal dwelling, not to exceed 60 square metres
(645.86 square feet); or.
iii.
the accessory building used for a home occupation does not exceed
80.3 square metres (864.37 square feet); and
iv.
the home occupation is conducted by the residents of the dwelling
unit; and
v.
no more than one non-resident is employed in the home
occupation at one time; and
vi.
no operations, displays or signs are visible from outside the
dwelling unit or lot, with the exception of one home occupation
sign of less than 0.5 square metre (5.382 square feet) in area; and
vii.
no noise, vibration, heat glare, fire hazard, litter, odour or electrical
interference is produced which is detectable from outside the
premises; and
viii.
no traffic congestion or air pollution by way of smoke or dust is
produced; and
ix.
two (2) off-street parking spaces shall be provided in addition to
spaces required for dwelling units in accordance with Schedule B
DIVISION SEVEN - RESIDENTIAL ZONES
77
R.1
of this Bylaw, plus one (1) off-street parking space for a non-
resident employee; and
x.
outdoor storage is expressly prohibited.
c.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within a
building; and
ii.
the secondary suite shall not exceed the lesser of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet); and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
the single family dwelling unit or the secondary suite shall be
occupied by at least one (1) of the persons designated on the records
of the Kamloops Land Title Office as the registered owner of the lot
and dwelling unit; and
v.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
vi.
two off-street parking spaces shall be provided for each secondary
suite.
c.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within
a building; and
ii.
the secondary suite shall not exceed the greater of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet);
and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
v.
one off-street parking space shall be provided for each secondary
suite.
(Bylaw 2135, 2024)
DIVISION SEVEN - RESIDENTIAL ZONES
78
R.1
Secondary suites shall not be permitted in cellars.
d.
No person at any time shall park or store any commercial vehicle, truck,
bus, self-propelled camper, travel trailer, tow truck (or parts of any of the
above) or any equipment or building material in the Residential Single
Family Zone (R.1), except:
i.
one (1) truck or commercial vehicle not exceeding 6,350 kg
G.V.W. (14,000 pounds G.V.W.) rated capacity; and/or
ii.
one (1) self-propelled camper or travel trailer provided that the
overall length does not exceed 10 metres (32.81 feet); and/or
iii.
one (1) utility trailer provided that the overall length does not
exceed 4 metres (13.12 feet); and/or
iv.
trucks or equipment required for construction, repair, servicing, or
maintenance of the premises when parking during normal working
hours; and/or
v.
one (1) boat or vessel not exceeding a length of 10 metres (32.81
feet); and/or
vi.
building materials when the owner, lessee, or occupier of the
premises is in possession of a valid building permit, provided that
the materials stored are in connection with the construction or
development of the building situated on the same property as
which the material is stored pursuant to the building permit.
e.
Notwithstanding the Residential Zone Home Occupation standards
outlined in Section 701.10.b of this Bylaw, the existing accessory building
setback of 3.0 meters and general Heating, Ventilation and Air
Conditioning (HVAC) repair within an accessory building measuring 7.3m
by 11.0m (24'X36') plus a recent addition to the accessory building
measuring 4.3m by 6.1m (14'X20') equating to a total accessory building
footprint of 106.5m2 (1,144 ft2) including a home office of 8.9 m2
(converted bedroom inside the home 8'X12') for Lot 1, Section 24,
Township 7, Osoyoos Division Yale District, Plan 22801 is a permitted
use; where the operation otherwise meets all other home based business
regulations.
DIVISION SEVEN - RESIDENTIAL ZONES
79
R.5
702
RESIDENTIAL MANUFACTURED HOME COMMUNITY ZONE (R.5)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Bylaw No. 1461, 1999 being the Corporation of the
Township of Spallumcheen Manufactured Home Community Bylaw No. 1461, 1999,
the following uses and no others shall be permitted in the Residential Manufactured
Home Community Zone (R.5):
a.
Campground accessory to the manufactured home community
b.
Residential Home occupations subject to the provisions of Section 701.10.b
of this Bylaw
c.
Identification signs
d.
Manufactured home communities
e.
One (1) dwelling unit for the accommodation of the owner/operator of the
principal and permitted use
f.
Recreation areas
g.
Utility service buildings
2.
Notwithstanding the Residential Manufactured Home Community (R.5) zone
permitted uses outlined in Section 702.1 of this Bylaw, that an accessory
building (detached garage) on the property legally described as Parcel A, (DD
X34551) of NE ¼ of Sec 13, Twp 7, ODYD, Except Plans H732 and KAP88909
located at 994 Highway 97A is a permitted accessory use with 118.9 m² (1280
ft²) of floor space.
(Bylaw 1759, 2009)
DIVISION EIGHT - RURAL ZONES
80
S.H.
DIVISION EIGHT - RURAL ZONES
801
SMALL HOLDING ZONE (S.H.)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Small Holding Zone (S.H.):
a.
Accessory residential
b.
Bed and breakfast facilities subject to the provisions of Section 801.10.a.
of this Bylaw
b.
Bed and breakfast facilities subject to the provisions of Section 415 of
this Bylaw
(Bylaw 2135, 2024)
c.
Dog kennel subject to the regulations of Section 801.10.h. of this Bylaw
c.
Dog kennel subject to the regulations of Section 417 of this Bylaw
(Bylaw 2135, 2024)
d.
Small Holding / Country Residential Home occupations subject to the
provisions of Section 801.10.b. of this Bylaw
e.
Intensive agricultural use subject to the provisions of Section 801.10.c. of
this Bylaw
f.
Restricted agricultural use
g.
Single family dwellings which may include secondary suites subject to the
provisions of Section 801.10.d. of this Bylaw
h.
Secondary single family dwellings subject to the provisions of Section
801.10.e. of this Bylaw (on lots 2 ha or larger)
(Bylaw 1819, 2012)
i.
Detached suite subject to the provisions of Section 801.10.f
(Bylaw 1938, 2017)
2.
Buildings Per Lot:
The number of buildings allowed per lot for each of the following uses shall be not
more than:
a.
one (1) single family dwelling; and
b.
one (1) secondary single family dwelling subject to the provisions of
Section 801.10.e. of this Bylaw (on lots 2 ha or larger)
(Bylaw 1819, 2012)
b.
one (1) secondary single family dwelling subject to the provisions of
Section 801.10.e of this Bylaw (on lots 2 ha or larger) or one (1) detached
suite subject to the provisions of Section 801.10.f (on lots 2 ha or larger).
(Bylaw 1938, 2017)
DIVISION EIGHT - RURAL ZONES
81
S.H.
c.
one (1) domestic garage and one (1) other accessory residential building or
two (2) accessory residential buildings other than domestic garages.
d.
two (2) restricted agricultural buildings.
e.
four (4) accessory buildings to a combined maximum of 1,000 square
metres (10,764 square feet).
(Bylaw 2135, 2024)
3.
Floor Area:
a.
The floor area for accessory residential buildings shall be not larger than
80.3 square metres (864.37 square feet) having a horizontal dimension of
not more than 11 metres (36.09 feet) for domestic garages and be not larger
than 15 square metres (161.5 square feet) for all other accessory residential
buildings and structures.
a.
The floor area for accessory residential buildings not containing a
detached suite shall be not larger than 80.3 square metres (864.37 square
feet) having a horizontal dimension of not more than 11 metres (36.09
feet) for domestic garages and be not larger than 15 square metres (161.1
square feet) for all other accessory residential buildings and structures.
(Bylaw 1938, 2017)
4.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed:
a.
8 metres (26.25 feet) for accessory residential use; or
b.
10 m (32.81 feet) for detached suite use; or
c.
the lesser of 12 metres (39.37 feet) or three (3) storeys for residential use;
or
d.
12 metres (39.37 feet) for restricted agricultural use.
(Bylaw 1938, 2017)
5.
Lot Area:
Subject to the provisions of Sections 1301.2.f. and g. of this Bylaw, each lot shall
have an area of not less than 1 ha (2.471 acres).
Subject to the provisions of Sections 1301.2.f and h. of this Bylaw, each lot shall
have an area of not less than 1 ha (2.471 acres).
(Bylaw 2110, 2023)
6.
Lot Coverage:
Lot coverage shall be not greater than:
DIVISION EIGHT - RURAL ZONES
82
S.H.
a.
Twenty percent (20%) for buildings and structures used for apicultural use;
or
b.
Twenty five percent (25%) for buildings and structures used for tree, vine,
field and forage crop production; or
c.
Thirty five percent (35%) for buildings and structures used for mushroom
growing; livestock, poultry, game and fur production including confined
livestock areas; and for nurseries and specialty wood crop production and
turf farms; or
d.
Seventy five percent (75%) for greenhouses; or
e.
Thirty percent (30%) for all other uses.
Areas or structures used to store woodwaste or raw materials for compost or soilless
medium production may comprise up to half of the lot coverage indicated above.
Detention ponds and support structures for shading, frost and wind protection,
netting or trellising are not subject to the lot coverage provisions cited above.
7.
Lot Frontage:
Subject to the provisions of Sections 1301.1.e. and f. of this Bylaw, each lot shall
have a road frontage of not less than 45 metres (147.6 feet).
8.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule "B" of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or uses being
carried on such lot or lots from time to time.
9.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Agricultural Setbacks:
Principle farm buildings, structures and areas and accessory farm
buildings, structures and areas shall be provided with setbacks in
accordance with the provisions of Schedule J of this bylaw.
b.
Exterior Side Yard:
An exterior side yard free of buildings and structures shall, where
applicable, be provided with a depth of not less than 7.5 metres (24.61 feet)
DIVISION EIGHT - RURAL ZONES
83
S.H.
for single family dwellings and accessory residential buildings and
structures.
c.
Front Yard:
A front yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for single family dwellings and for
accessory residential buildings and structures.
d.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
e.
Rear Yard:
A rear yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for single family dwellings and
accessory residential buildings and structures.
f.
Side Yards:
Side yards free of buildings and structures shall be provided with a width
of not less than 3 metres (9.842 feet) for single family dwellings and
accessory residential buildings and structures.
g.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408
and Schedules H and J of this bylaw.
h.
Home Occupations:
Buildings used for Home Occupations, except principal dwellings, shall be
provided with a setback of not less than 7.5 metres (24.61 feet) from all
property lines.
i.
Insofar as residential buildings are concerned, where a lot of less than
0.5 ha (1.235 acres) was existing on April 21, 2008 (the effective date of
the original Township of Spallumcheen Zoning Bylaw No. 1700, 2008),
the setback provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
10.
Other Requirements:
a.
Bed and breakfast use operations are permitted provided that:
DIVISION EIGHT - RURAL ZONES
84
S.H.
i.
the bed and breakfast use is contained wholly within the principal
dwelling; and
ii.
is restricted to a maximum of three bedrooms; and
iii.
is provided with one additional off-street parking space, two if
more than two bedrooms are used; and
iv.
in no way indicates from the exterior of the building that the
premises are being used for a bed and breakfast, except for one
unilluminated sign less than 1 square metre (10.76 square feet) in
area.
Bed and breakfast signs may be double sided or may include two (2) signs
joined at one end to form a V having an angle not greater than thirty
degrees (30°).
(Bylaw 2135, 2024)
b.
Small Holding / Country Residential Home occupations are permitted
provided that:
i.
the home occupations are clearly incidental or secondary to the
residential/farm use of the property and do not change the
character of the site or have any exterior evidence of such
secondary use other than one home occupation sign not greater
than 1 square metre (10.76 square feet) in area except that if the
property abuts Highway 97 or Highway 97A, or is separated by
a road or railway therefrom, then one home occupation sign not
greater than 3 square metres (32.29 square feet) in area may be
permitted.
Home occupation signs may be double sided or may include two
(2) signs joined at one end to form a V having an angle not greater
than thirty degrees (30°); and
ii.
all activities, including the storage of materials, equipment and
products, are completely enclosed within a dwelling unit,
accessory residential building or agricultural building; and
iii.
the home occupation or occupations occupy a maximum total floor
area no greater than 100 square metres (1076.43 square feet). The
maximum total floor area includes all areas contained in any
dwelling unit, accessory residential building or agricultural
building that are used, or proposed to be used, for home occupation
purposes. Where more than one home occupation exists,
maximum combined total floor area of all home occupations is 100
square metres (1076.43 square feet); and
DIVISION EIGHT - RURAL ZONES
85
S.H.
iv.
there shall be no restriction on the size of a dwelling unit or
agricultural building within which a home occupation or
occupations may be carried out provided that the total floor area
used for home occupation purposes does not exceed the area
allowed pursuant to the provisions of subsection iii. above; and
v.
there shall be no restriction on the number of accessory residential
buildings and agricultural buildings within which home
occupations may be carried out; and
vi.
only persons residing in the dwelling unit associated with the home
occupation use may be involved in a home occupation plus a
maximum of two (2) non-resident employees per land registry
parcel; and
vii.
where the property is located within the Agricultural Land
Reserve, the nature of the home occupation use is not a day care
facility, preschool or other educational facility, group home or
health and other caregiving facility including homes for the
elderly, serving more than eight (8) persons; and
viii.
no noise, vibration, heat glare, fire hazard, litter, odour or electrical
interference is produced which is detectable from outside the
premises, and
ix.
no traffic congestion or air pollution by way of smoke or dust is
produced; and
x.
Two (2) off-street parking spaces shall be provided in addition to
spaces required for dwelling units in accordance with Schedule B
of this Bylaw, plus one (1) off-street parking space for each non-
resident employee; and
xi.
outdoor storage is expressly prohibited.
c.
An intensive agricultural use shall only be permitted on lands that are
0.8094 ha (2 acres) or larger in size that are located within the Agricultural
Land Reserve.
d.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within a
building; and
ii.
the secondary suite shall not exceed the lesser of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet); and
DIVISION EIGHT - RURAL ZONES
86
S.H.
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
the single family dwelling unit or the secondary suite shall be
occupied by at least one (1) of the persons designated on the records
of the Kamloops Land Title Office as the registered owner of the lot
and dwelling unit; and
v.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
vi.
two off-street parking spaces shall be provided for each secondary
suite
d.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within
a building; and
ii.
the secondary suite shall not exceed the greater of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet);
and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
v.
one off-street parking space shall be provided for the secondary
suite.
(Bylaw 2135, 2024)
Secondary suites shall not be permitted in cellars.
e.
A secondary single family dwelling ancillary to an existing principal
singe family dwelling shall not be permitted on lots located in the
Agricultural Land Reserve (ALR) or on lots less than 2 ha. (4.94 acres)
in size except that a secondary single family dwelling ancillary to an
existing principal single family dwelling shall be permitted on a lot less
than 2 ha. (4.94 acres) in size if that lot has been reduced below 2 ha.
(4.94 acres) as a result of, an only as a result of, subsequent road
dedication.
(Bylaw 1819, 2012)
f.
Detached suites are permitted provided that:
DIVISION EIGHT - RURAL ZONES
87
S.H.
i.
the detached suite must be located entirely on one floor and on
a floor above the main floor of an accessory residential or
agricultural building;
ii.
the main floor of the building which contains a detached suite
must only be used for accessory residential or agricultural
purposes;
iii.
the detached suite must have access to the outside that is
separate from the access to the main floor of the accessory
residential or agricultural building;
iv.
no more than one (1) detached suite shall be permitted within
an accessory residential or agricultural building;
v.
no more than one (1) detached suite shall be permitted per lot;
vi.
the detached suite shall not be permitted on lots containing a
secondary single family dwelling;
vii.
the detached suite shall not be permitted on lots that are smaller
than 2 ha;
viii.
the maximum floor area of a detached suite shall not exceed 90
m2 (968 square feet);
(Bylaw 2135, 2024)
ix.
one (1) off-street parking space must be provided for each
detached suite. The parking space may not be provided in
tandem with any other parking space required by this Bylaw;
x.
the detached suite must be located on a property which is a
single real estate entity and which shall not be strata titled;
xi.
for properties within the Agricultural Land Reserve, the
detached suite may only be located on a lot that is classified as
"farm" under the BC Assessment Act and the detached suite
must comply with all Agricultural Land Commission
regulations.
(Bylaw 1938, 2017)
g.
Where a lot of less than 0.5 ha (1.235 acres) was existing at the effective
date of this Bylaw, the provisions of Section 701.9. of this Bylaw shall
apply for residential buildings.
h.
No person at any time shall park or store any commercial vehicle, truck,
bus, self-propelled camper, travel trailer, tow truck (or parts of any of the
above) or any equipment or building material in the Small Holding Zone
(S.H.), except:
i.
one (1) truck or commercial vehicle; and/or
ii.
one (1) self-propelled camper or travel trailer provided that the
overall length does not exceed 10 metres (32.81 feet); and/or
iii.
one (1) utility trailer provided that the overall length does not
exceed 4 metres (13.12 feet); and/or
DIVISION EIGHT - RURAL ZONES
88
S.H.
iv.
trucks or equipment required for construction, repair, servicing, or
maintenance of the premises when parking during normal working
hours; and/or
v.
one (1) boat or vessel not exceeding a length of 10 metres (32.81
feet); and/or
vi.
building materials when the owner, lessee, or occupier of the
premises is in possession of a valid building permit, provided that
the materials stored are in connection with the construction or
development of the building situated on the same property as
which the material is stored pursuant to the building permit.
(Bylaw 2135, 2024)
i.
A dog kennel shall not be permitted on lots smaller than 4 ha. (9.884
acres) and a dog kennel shall be subject to the agricultural setback
provisions of Schedule J of this Bylaw.
j.
Notwithstanding the Small Holding Home Occupation standards outlined
in Section 801.10.b of this Bylaw, the maximum total floor area for the
existing home occupation for an office, showroom, storage of materials
and equipment, assembly of personnel and associated activities for the
operation of a roofing business within existing buildings on Lot 2,
Section 29, Township 4, O.D.Y.D. Plan 23647 at 1609 Eagle Rock Road
shall be 257 m² (2,766 ft²); and
the prohibition of outside storage as outlined in Section 801.10.b.xi is
waived to permit an outside storage area of 72 m² (775 ft²) for business
vehicle storage and the requirement for fencing or additional screening
as outlined elsewhere in this Bylaw is waived for this storage area only.
k.
Notwithstanding the Small Holding Zone Home Occupation standards
outlined in Section 801.10.b of this Bylaw, the existing home based
business for an office and the storage of supplies and equipment for a
lawn and tree care service and associated activities located on Lot 2,
Block 2, District Lot 89, O.D.Y.D., Plan 190 at 4522 Lansdowne Road
is a permitted use consisting of 16 m² (±172 ft²) of floorspace within the
dwelling plus 111 m² (±1,195 ft²) of floorspace in three accessory
buildings and structures; and
notwithstanding the setback standards outlined in Section 801.9.f of this
Bylaw, the side yard setback for the existing home based business
accessory buildings and structures shall be 1.5 m (±5 ft).
l.
Notwithstanding the Small Holding (S.H) zone Home Occupation
standards outlined in Section 801.10.b of this Bylaw, that a cabinet
manufacturing home based business on the property legally described
as Parcel A (Plan B5723) of the N1/2, Sec 4, Twp 35, K (formerly O)
DIVISION EIGHT - RURAL ZONES
89
S.H.
DYD, Except Parcel 6 (Plan H3) located at 3811 Highway 97A is a
permitted use within a 264.8 m2 (2,850 ft2) accessory building.
AND THAT notwithstanding the Home Occupation setback standards
outlined in Section 801.9.h of this Bylaw, the interior side yard setback
of the accessory building associated with the home based business shall
be 3 m (9.8 ft).
(Bylaw 1769, 2010)
DIVISION EIGHT - RURAL ZONES
90
C.R.
802
COUNTRY RESIDENTIAL ZONE (C.R.)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Country Residential Zone (C.R.):
a.
Accessory buildings and structures
b.
Accessory farm sales use subject to the provisions of Section 802.9.a. of
this Bylaw
c.
Bed and breakfast facilities subject to the provisions of Section 802.9.b. of
this Bylaw
c.
Bed and breakfast facilities subject to the provisions of Section 415 of
this Bylaw
(Bylaw 2135, 2024)
d.
Dog kennel subject to the regulations of Section 802.9.i. of this Bylaw.
d.
Dog kennel subject to the regulations of Section 417 of this Bylaw
(Bylaw 2135, 2024)
e.
Small Holding / Country Residential Home occupations subject to the
provisions of Section 802.9.c. of this Bylaw
f.
Intensive agricultural use subject to the provisions of Section 802.9.d. of
this Bylaw
g.
Limited agricultural use
h.
Single family dwellings which may include secondary suites subject to
the provisions of Section 802.9.e. of this Bylaw
i.
Secondary single family dwellings subject to the provisions of Section
802.9.f of this Bylaw (on lots 2 ha. or larger)
(Bylaw 1819, 2012)
j.
Detached suite subject to the provisions of Section 802.9.g
(Bylaw 1938, 2017)
2.
Buildings Per Lot:
The number of buildings allowed per lot for each of the following uses shall be not
more than:
a.
one (1) single family dwelling; and
b.
one (1) secondary single family dwelling subject to the provisions of
Section 802.9.f of this Bylaw (on lots 2 ha. or larger)
(Bylaw 1819, 2012)
b.
one (1) secondary single family dwelling subject to the provisions of
Section 802.9.f of this Bylaw (on lots 2 ha or larger) or one (1) detached
suite subject to the provisions of Section 802.9.g (on lots 2 ha or larger).
(Bylaw 1938, 2017)
c.
one (1) for accessory farm sales use
DIVISION EIGHT - RURAL ZONES
91
C.R.
c.
four (4) accessory buildings to a combined maximum of 1,000 square
metres (10,764 square feet).
(Bylaw 2135, 2024)
3.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed:
a.
8 metres (26.25 feet) for accessory residential use; or
b.
10 m (32.81 feet) for detached suite use; or
c.
the lesser of 12 metres (39.37 feet) or three (3) storeys for residential use;
or
d.
20 metres (65.62 feet) for agricultural use.
(Bylaw 1938, 2017)
4.
Lot Area:
Subject to the provisions of Sections 1301.2.f. and g. of this Bylaw, each lot shall
have an area of not less than 2 ha (4.942 acres).
5.
Lot Coverage:
Lot coverage shall be not greater than:
a.
Twenty percent (20%) for buildings and structures used for apicultural use;
or
b.
Twenty five percent (25%) for buildings and structures used for tree, vine,
field and forage crop production; or
c.
Thirty five percent (35%) for buildings and structures used for mushroom
growing; livestock, poultry, game and fur production including confined
livestock areas; and for nurseries and specialty wood crop production and
turf farms; or
d.
Seventy five percent (75%) for greenhouses; or
e.
Thirty percent (30%) for all other uses.
Areas or structures used to store woodwaste or raw materials for compost or soilless
medium production may comprise up to half of the lot coverage indicated above.
Detention ponds and support structures for shading, frost and wind protection,
netting or trellising are not subject to the lot coverage provisions cited above.
DIVISION EIGHT - RURAL ZONES
92
C.R.
6.
Lot Frontage:
Each lot shall have a road frontage in accordance with the provisions of Section
1301.1.e.i. of this Bylaw.
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule "B" of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or uses being
carried on such lot or lots from time to time.
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Agricultural Setbacks:
Principle farm buildings, structures and areas and accessory farm
buildings, structures and areas shall be provided with setbacks in
accordance with the provisions of Schedule J of this bylaw.
b.
Exterior Side Yard:
An exterior side yard free of buildings and structures shall, where
applicable, be provided with a depth of not less than 7.5 metres (24.61 feet)
for accessory farm sales use, single family dwellings and accessory
residential buildings and structures.
c.
Front Yard:
A front yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for accessory farm sales use, single
family dwellings and for accessory residential buildings and structures.
d.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
e.
Rear Yard:
A rear yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for accessory farm sales use, single
family dwellings and accessory residential buildings and structures.
DIVISION EIGHT - RURAL ZONES
93
C.R.
f.
Side Yards:
Side yards free of buildings and structures shall be provided with a width
of not less than 4.5 metres (14.76 feet) for accessory farm sales use, single
family dwellings and accessory residential buildings and structures.
g.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408
and Schedules H and J of this bylaw.
h.
Home Occupations:
Buildings used for Home Occupations, except principal dwellings, shall be
provided with a setback of not less than 7.5 metres (24.61 feet) from all
property lines.
i.
Insofar as residential buildings are concerned, where a lot of less than
0.5 ha (1.235 acres) was existing on April 21, 2008 (the effective date of
the original Township of Spallumcheen Zoning Bylaw No. 1700, 2008),
the setback provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
9.
Other Requirements:
a.
An accessory farm sales use:
i.
shall be ancillary to an agricultural use being carried out on the
same property; and
ii.
shall not allow the sales of any Farm Products other than those
Farm Products grown, reared, raised or produced on the farm unit
except that, for lands that are located within the Agricultural Land
Reserve as established by the Provincial Agricultural Land
Commission, an accessory farm sales use may include the retail
sales of Farm Products, Off-Farm Products and Processed Farm
Products subject to the regulations cited elsewhere in this Section;
and
iii.
shall, except for the outside display areas permitted in iv. below,
be contained wholly within a building or buildings and the farm
sales use shall occupy a total area, within those buildings, not
greater than 140 square metres (1507.00 square feet) in size.
For the purpose of calculating the portion of the buildings to be used for
accessory farm sales use, the area of any building or structure used for that
purpose, including aisles and other areas for circulation, shelf and display
space, counter space for taking payment and packaging, shall be included,
DIVISION EIGHT - RURAL ZONES
94
C.R.
but any office area, wholesale storage area, washroom area and processing
facilities will not be included; and
iv.
may have outside display areas having a total area not greater than
70 square metres (753.50 square feet) in size, which areas must be
contiguous with the farm sales area(s) described in iii. above; and
v.
may provide for the retail sales of Off-Farm Products and
Processed Farm Products, ancillary to the sale of Farm Products,
provided that the area allotted to the sale of Off-Farm Products and
Processed Farm Products does not exceed one-third of the total
area, both inside and outside, that is used for accessory farm sales
use; and
vi.
shall provide one (1) off-street parking space per 12 square metres
(129.2 square feet) of retail sales and display area and the off-street
parking and access driveways shall meet the requirements of
Section 1101 of this Bylaw; and
vii.
may, notwithstanding any other provisions of this bylaw, include
not more than one (1) wall sign per fronting street, and one (1) free
standing sign, advertising the intended use. Wall signs shall meet
the sign area requirements of Section 1601.4.a.i. of this Bylaw.
Free standing signs shall not exceed 3 metres (9.842 feet) in
height; shall have a sign area of not larger than 3.0 square metres
(32.29 square feet); shall be located no closer than 2 metres (6.562
feet) to any property boundary; shall not be illuminated; and shall
be incorporated into an area of the parcel that is not less than 10
square metres (107.64 square feet) in size and this area shall be
landscaped to the standards outlined in Section 1801.2.b. of this
Bylaw.
Accessory farm sales signs may be double sided or may include
two (2) signs joined at one end to form a V having an angle not
greater than thirty degrees (30°); and
viii.
shall not cause undue glare to neighbouring properties, or to
persons travelling on adjacent public highways, if lighting is
provided to illuminate the building used for farm sales use; the
outside storage area; or access driveways and off-street parking
areas; and
ix.
shall not be permitted to be carried out unless the owner of such
business or undertaking has obtained a licence for the carrying on
of such business or undertaking where such licence is required to
be obtained under the provisions of all applicable Statutes,
Bylaws, and regulations in force from time to time.
DIVISION EIGHT - RURAL ZONES
95
C.R.
b.
Bed and breakfast use operations are permitted provided that:
i.
the bed and breakfast use is contained wholly within the principal
dwelling; and
ii.
is restricted to a maximum of three bedrooms; and
iii.
is provided with one additional off-street parking space, two if
more than two bedrooms are used; and
iv.
in no way indicates from the exterior of the building that the
premises are being used for a bed and breakfast, except for one
unilluminated sign less than 1 square metre (10.76 square feet) in
area.
v.
Bed and breakfast signs may be double sided or may include two
(2) signs joined at one end to form a V having an angle not greater
than thirty degrees (30°).
c.
Small Holding / Country Residential Home occupations are permitted
provided that:
i.
the home occupations are clearly incidental or secondary to the
residential/farm use of the property and do not change the
character of the site or have any exterior evidence of such
secondary use other than one home occupation sign not greater
than 1 square metre (10.76 square feet) in area except that if the
property abuts Highway 97 or Highway 97A, or is separated by
a road or railway therefrom, then one home occupation sign not
greater than 3 square metres (32.29 square feet) in area may be
permitted.
Home occupation signs may be double sided or may include two
(2) signs joined at one end to form a V having an angle not greater
than thirty degrees (30°); and
ii.
all activities, including the storage of materials, equipment and
products, are completely enclosed within a dwelling unit, accessory
residential building or agricultural building; and
iii.
the home occupation or occupations occupy a maximum total floor
area no greater than 100 square metres (1076.43 square feet). The
maximum total floor area includes all areas contained in any
dwelling unit, accessory residential building or agricultural building
that are used, or proposed to be used, for home occupation purposes.
Where more than one home occupation exists, maximum combined
total floor area of all home occupations is 100 square metres
(1076.43 square feet); and
DIVISION EIGHT - RURAL ZONES
96
C.R.
iv.
there shall be no restriction on the size of a dwelling unit,
accessory residential building or agricultural building within
which a home occupation or occupations may be carried out
provided that the total floor area used for home occupation
purposes does not exceed the area allowed pursuant to the
provisions of subsection iii. above; and
v.
there shall be no restriction on the number of accessory residential
buildings and agricultural buildings within which home
occupations may be carried out; and
vi.
only persons residing in the dwelling unit associated with the home
occupation use may be involved in a home occupation plus a
maximum of two (2) non-resident employees per land registry
parcel; and
vii.
where the property is located within the Agricultural Land
Reserve, the nature of the home occupation use is not a day care
facility, preschool or other educational facility, group home or
health and other caregiving facility including homes for the
elderly, serving more than eight (8) persons; and
viii.
no noise, vibration, heat glare, fire hazard, litter, odour or electrical
interference is produced which is detectable from outside the
premises, and
ix.
no traffic congestion or air pollution by way of smoke or
dust is produced; and
x.
two (2) off-street parking spaces shall be provided in addition to
spaces required for dwelling units in accordance with Schedule B
of this Bylaw, plus one (1) off-street parking space for each non-
resident employee; and
xi.
outdoor storage is expressly prohibited.
d.
An intensive agricultural use shall only be permitted on lands that are
0.8094 ha (2 acres) or larger in size that are located within the Agricultural
Land Reserve.
e.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within a
building; and
ii.
the secondary suite shall not exceed the lesser of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet); and
DIVISION EIGHT - RURAL ZONES
97
C.R.
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
the single family dwelling unit or the secondary suite shall be
occupied by at least one (1) of the persons designated on the records
of the Kamloops Land Title Office as the registered owner of the lot
and dwelling unit; and
v.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
vi.
two off-street parking spaces shall be provided for each secondary
suite.
e.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within
a building; and
ii.
the secondary suite shall not exceed the greater of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet);
and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
v.
one off-street parking space shall be provided for the secondary
suite.
(Bylaw 2135, 2024)
Secondary suites shall not be permitted in cellars.
f.
A secondary single family dwelling ancillary to an existing principal
single family dwelling shall not be permitted on lots located in the
Agricultural Land Reserve (ALR) or on lots less than 2 ha. (4.94 acres)
in size except that a secondary single family dwelling ancillary to an
existing principal single family dwelling shall be permitted on a lot less
than 2 ha. (4.94 acres) in size if that lot has been reduced below 2
ha.(4.94 acres) as a result of, and only as a result of, subsequent road
dedication.
(Bylaw 1819, 2012)
DIVISION EIGHT - RURAL ZONES
98
C.R.
g.
Detached suites are permitted provided that:
i.
the detached suite must be located entirely on one floor and on
a floor above the main floor of an accessory residential or
agricultural building;
ii.
the main floor of the building which contains a detached suite
must only be used for accessory residential or agricultural
purposes;
iii.
the detached suite must have access to the outside that is
separate from the access to the main floor of the accessory
residential or agricultural building;
iv.
no more than one (1) detached suite shall be permitted within
an accessory residential or agricultural building;
v.
no more than one (1) detached suite shall be permitted per lot;
vi.
the detached suite shall not be permitted on lots containing a
secondary single family dwelling;
vii.
the detached suite shall not be permitted on lots that are smaller
than 2 ha;
viii.
the maximum floor area of a detached suite shall not exceed 90
m2 (968 square feet);
(Bylaw 2135, 2024)
ix.
one (1) off-street parking space must be provided for each
detached suite. The parking space may not be provided in
tandem with any other parking space required by this Bylaw;
x.
the detached suite must be located on a property which is a
single real estate entity and which shall not be strata titled;
xi.
for properties within the Agricultural Land Reserve, the
detached suite may only be located on a lot that is classified as
"farm" under the BC Assessment Act and the detached suite
must comply with all Agricultural Land Commission
regulations.
(Bylaw 1938, 2017)
h.
Insofar as residential buildings are concerned, where a lot of less than 0.5
ha (1.235 acres) was existing at the effective date of this Bylaw, the
provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
i.
The unenclosed storage of more than two (2) unlicensed or dismantled
automobiles is not permitted.
j.
A dog kennel shall not be permitted on lots smaller than 4 ha. (9.884 acres)
and a dog kennel shall be subject to the agricultural setback provisions of
Schedule J of this Bylaw.
(Bylaw 2135, 2024)
DIVISION EIGHT - RURAL ZONES
99
A.2
803
AGRICULTURAL ZONE (A.2)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Agricultural Zone (A.2):
a.
Accessory buildings and structures
b.
Accessory employee bunkhouse use
c.
Accessory farm sales use subject to the provisions of Section 803.9.a. of
this Bylaw
d.
Bed and breakfast facilities subject to the provisions of Section 803.9.b. of
this Bylaw
d.
Bed and breakfast facilities subject to the provisions of Section 415 of
this Bylaw
(Bylaw 2135, 2024)
e.
Dog kennel subject to the regulations of Section 803.9.ff. 803.9.k of this
Bylaw
(Bylaw 2003, 2020)
e.
Dog kennel subject to the regulations of Section 417 of this Bylaw
(Bylaw 2135, 2024)
f.
Agricultural Zone Home occupations subject to the provisions of Section
803.9.c. of this Bylaw
g.
Intensive agricultural use
h.
Resource use
i.
Secondary single family dwellings (or manufactured homes) subject to the
provisions of Section 803.9.d. of this Bylaw
j.
Single family dwellings which may include secondary suites subject to
the provisions of Section 803.9.f. of this Bylaw
k.
Wineries and cideries subject to the provisions of Section 803.9.i. 803.9.j
of this Bylaw
(Bylaw 2003, 2020)
l.
Medical marihuana Cannabis production facilities subject to the setback
provisions of Section 803.8.j and Schedule J of this Bylaw
(Bylaw 1855, 2013) (Bylaw 1961, 2018)
l.
Cannabis production facilities subject to the provisions of Section 414
Section 803.5.b of this Bylaw.
(Bylaw 1986, 2019) (Bylaw 2063, 2022)
m.
Detached suite subject to the provisions of Section 803.9.g
(Bylaw 1938, 2017)
n.
Biosolids processing
o.
Composting
(Bylaw 2135, 2024)
2.
Buildings Per Lot:
The number of buildings allowed per lot for each of the following uses shall be not
more than:
DIVISION EIGHT - RURAL ZONES
100
A.2
a.
one (1) principal single family dwelling; and
b.
one (1) secondary single family dwelling (or manufactured home) subject
to the provisions of Section 803.9.d. and e. of this Bylaw; and
b.
one (1) secondary single family dwelling (manufactured home) subject
to the provisions of Section 803.9.d.i 803.9.g of this Bylaw (on lots 2 ha
or larger) or one (1) detached suite subject to the provisions of Section
803.9.i (on lots 2 ha or larger). (Bylaw 1938, 2017) (Bylaw 2003, 2020)
c.
One (1) for accessory farm sales use.
2.
Number and Size of Buildings Per Lot:
The number and size of buildings allowed per lot for each of the following uses
shall be not more than:
a.
one (1) principal single family dwelling:
i.
not exceeding 500 m2 (5382 square feet) in gross floor area,
including the area of a secondary suite, if located in the
Agricultural Land Reserve; or
ii.
of any size, if located outside the Agricultural Land Reserve.
b.
one (1) secondary single family dwelling (or manufactured home)
subject to the provisions of Section 803.9.d of this Bylaw (on lots 2 ha or
larger) or one (1) detached suite subject to the provisions of Section
803.9.g (on lots 2 ha or larger); and
c.
One (1) for accessory farm sales use.
(Bylaw 2135, 2024)
3.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed:
a.
8 metres (26.25 feet) for accessory residential use; or
b.
10 m (32.81 feet) for detached suite use; or
c.
the lesser of 12 metres (39.37 feet) or three (3) storeys for residential use;
or
d.
20 metres (65.62 feet) for agricultural or resource use.
(Bylaw 1938, 2017)
DIVISION EIGHT - RURAL ZONES
101
A.2
4.
Lot Area:
Subject to the provisions of Sections 1301.2.f. and g. of this Bylaw, each lot shall
have an area of not less than 30.5 ha (75.37 acres) or as approved by the
Agricultural Land Commission.
(Bylaw 1829, 2012)
a.
Notwithstanding the Agricultural Zone Lot Area standards outlined in
Section 803.4 of this Bylaw, the property legally described as the
Remainder Lot 3, Sec 11 & 12, Twp 7, ODYD, Plan KAP47909 shall
have an area not less than 8.08 ha(19.96 acres).
(Bylaw 1818, 2011)
5.
Lot Coverage:
a.
Lot coverage shall be not greater than:
i.
Twenty percent (20%) for buildings and structures used for
apicultural use; or
ii.
Twenty five percent (25%) for buildings and structures used for
tree, vine, field and forage crop production; or
iii.
Thirty five percent (35%) for buildings and structures used for
mushroom growing; livestock, poultry, game and fur production
including confined livestock areas; and for nurseries and specialty
wood crop production and turf farms; or
iv.
Seventy five percent (75%) for greenhouses; or
v.
Thirty five percent (35%) for all other uses.
(Bylaw 2063, 2022 [numbering 803.5a])
b.
Cannabis production facilities shall only be permitted on lands where:
i.
The use is considered a 'farm use' that may not be prohibited in
accordance with the Agricultural Land Commission Ace and
Regulations; and
i.
The gross floor area of all buildings and structures are used for
a cannabis production facility use and all ancillary uses does not
exceed 500m2, except
a.
On Lot 8 Section 16 Township 7 ODYD Plan 1558 the
maximum gross floor area must not exceed 5,800m2;
except
(Bylaw 2064, 2022)
DIVISION EIGHT - RURAL ZONES
102
A.2
b.
On Lot 9, Section 21, Township 7, Land District 41, Plan
KAP2010, the maximum gross floor area must not
exceed 6,968m2; and
(Bylaw 2075, 2022)
iii.
The use does not discharge or emit odorous, toxic or noxious
matter or vapour; heat, glare or radiation; recurrently generated
ground vibration; noise in excess of ambient noise at the
property boundary; electrical interference; or any other health
or safety hazards.
(Bylaw 2063, 2022)
Areas or structures used to store woodwaste or raw materials for compost or soilless
medium production may comprise up to half of the lot coverage indicated above.
Detention ponds and support structures for shading, frost and wind protection,
netting or trellising are not subject to the lot coverage provisions cited above.
6.
Lot Frontage:
Each lot shall have a road frontage in accordance with the provisions of Section
1301.1.e.i. of this Bylaw.
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule "B" of this Bylaw and the number of parking spaces
required to be provided on a lot or lots, shall be determined by the use or uses being
carried on on such lot or lots from time to time.
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Agricultural Setbacks:
Principle farm buildings, structures and areas and accessory farm
buildings, structures and areas shall be provided with setbacks in
accordance with the provisions of Schedule J of this bylaw.
b.
Exterior Side Yard:
An exterior side yard free of buildings and structures shall, where
applicable, be provided with a depth of not less than 7.5 metres (24.61 feet)
for single family dwellings, accessory residential buildings and structures,
accessory employee bunkhouse use, accessory farm sales use,
manufactured homes where permitted pursuant to the provisions of Section
803.9.d. of this Bylaw and resource use.
DIVISION EIGHT - RURAL ZONES
103
A.2
c.
Front Yard:
A front yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for single family dwellings, accessory
residential buildings and structures, accessory employee bunkhouse use,
accessory farm sales use, manufactured homes where permitted pursuant to
the provisions of Section 803.9.d. of this Bylaw and resource use.
d.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
e.
Rear Yard:
A rear yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for single family dwellings,
accessory residential buildings and structures, accessory employee
bunkhouse use, accessory farm sales use, manufactured homes where
permitted pursuant to the provisions of Section 803.9.d. of this Bylaw and
resource use.
f.
Side Yards:
Side yards free of buildings and structures shall be provided with a width
of not less than 4.5 metres (14.76 feet) for single family dwellings,
accessory residential buildings and structures, accessory employee
bunkhouse use, accessory farm sales use, manufactured homes where
permitted pursuant to the provisions of Section 803.9.d. of this Bylaw
and resource use.
g.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedules H and J of this bylaw.
h.
Home Occupations:
Buildings used for Home Occupations, except principal dwellings, shall
be provided with a setback of not less than:
i.
7.5 metres (24.61 feet) from all property lines on properties less
than or equal to 4.0 ha (9.88 acres) in size; and
ii.
15 metres (49.2 feet) from all property lines on properties greater
than 4.0 ha (9.88 acres) in size.
i.
Single Family Dwellings on Lots of 5 ha or Less:
DIVISION EIGHT - RURAL ZONES
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On lots with an area of 5 ha. (12.355 acres) or less, all portions of any
Single Family Dwelling, Manufactured Home or other Dwelling Unit
must be located within 100 metres (328.1 feet) of the front lot line.
(Bylaw 2135, 2024)
j.
Cannabis Production Facilities
Cannabis production facilities must be setback at least 120 m from
properties used for assembly or civic use purposes. (Bylaw 1961, 2018)
k.
Insofar as residential buildings are concerned, where a lot of less than
0.5 ha (1.235 acres) was existing on April 21, 2008 (the effective date of
the original Township of Spallumcheen Zoning Bylaw No. 1700, 2008),
the setback provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
9.
Other Requirements:
a.
An accessory farm sales use:
i.
shall be ancillary to an agricultural use being carried out on the
same property; and
ii.
shall not allow the sales of any Farm Products other than those
Farm Products grown, reared, raised or produced on the farm unit
except that, for lands that are located within the Agricultural
Land Reserve as established by the Provincial Agricultural Land
Commission, an accessory farm sales use may include the retail
sales of Farm Products, Off-Farm Products and Processed Farm
Products subject to the regulations cited elsewhere in this
Section; and
iii.
shall, except for the outside display areas permitted in iv. below,
be contained wholly within a building or buildings and the farm
sales use shall occupy a total area, within those buildings, not
greater than 140 square metres (1507.00 square feet) in size.
For the purpose of calculating the portion of the buildings to be
used for accessory farm sales use, the area of any building or
structure used for that purpose, including aisles and other areas for
circulation, shelf and display space, counter space for taking
payment and packaging, shall be included, but any office area,
wholesale storage area, washroom area and processing facilities
will not be included; and
iv.
may have outside display areas having a total area not greater than
70 square metres (753.50 square feet) in size, which areas must be
contiguous with the farm sales area(s) described in iii. above; and
DIVISION EIGHT - RURAL ZONES
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v.
may provide for the retail sales of Off-Farm Products and
Processed Farm Products, ancillary to the sale of Farm Products,
provided that the area allotted to the sale of Off-Farm Products and
Processed Farm Products does not exceed one-third of the total
area, both inside and outside, that is used for accessory farm sales
use; and
vi.
shall provide one (1) off-street parking space per 12 square metres
(129.2 square feet) of retail sales and display area and the off-street
parking and access driveways shall meet the requirements of
Section 1101 of this Bylaw; and
vii.
may, notwithstanding any other provisions of this bylaw, include
not more than one (1) wall sign per fronting street, and one (1) free
standing sign, advertising the intended use. Wall signs shall meet
the sign area requirements of Section 1601.4.a.i. of this Bylaw.
Free standing signs shall not exceed 3 metres (9.842 feet) in
height; shall have a sign area of not larger than 3.0 square metres
(32.29 square feet); shall be located no closer than 2 metres (6.562
feet) to any property boundary; shall not be illuminated; and shall
be incorporated into an area of the parcel that is not less than 10
square metres (107.64 square feet) in size and this area shall be
landscaped to the standards outlined in Section 1801.2.b. of this
Bylaw.
Accessory farm sales signs may be double sided or may include
two (2) signs joined at one end to form a V having an angle not
greater than thirty degrees (30°); and
viii.
shall not cause undue glare to neighbouring properties, or to
persons travelling on adjacent public highways, if lighting is
provided to illuminate the building used for farm sales use; the
outside storage area; or access driveways and off-street parking
areas; and
ix.
shall not be permitted to be carried out unless the owner of such
business or undertaking has obtained a licence for the carrying on
of such business or undertaking where such licence is required to
be obtained under the provisions of all applicable Statutes,
Bylaws, and regulations in force from time to time.
b.
Bed and breakfast use operations are permitted provided that:
i.
the bed and breakfast use is contained wholly within the principal
dwelling; and
ii.
is restricted to a maximum of four (4) bedrooms; and
DIVISION EIGHT - RURAL ZONES
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iii.
is provided with one (1) additional off-street parking space, two
(2) if more than two (2) bedrooms are used; and
iv.
in no way indicates from the exterior of the building that the
premises are being used for a bed and breakfast, except for one (1)
unilluminated sign less than 1 square metres (10.76 square feet) in
area.
Bed and breakfast signs may be double sided or may include two
(2) signs joined at one end to form a V having an angle not greater
than thirty degrees (30°).
(Bylaw 2135, 2024)
c.
Agricultural Zone Home occupations are permitted provided that:
i.
the home occupations are clearly incidental or secondary to the
residential/farm use of the property and do not change the
character of the site or have any exterior evidence of such
secondary use other than one home occupation sign not greater
than 1 square metre (10.76 square feet) in area except that if the
property abuts Highway 97 or Highway 97A, or is separated by
a road or railway therefrom, then one home occupation sign not
greater than 3 square metres (32.29 square feet) in area may be
permitted.
Home occupation signs may be double sided or may include two
(2) signs joined at one end to form a V having an angle not greater
than thirty degrees (30°); and
ii.
all activities, including the storage of materials, equipment and
products, are completely enclosed within a dwelling unit,
accessory residential building or agricultural building except as
outlined below; and
iii.
the home occupation, or all home occupations combined, occupy
a maximum total floor area no greater than:
a.
100 square metres (1076 square feet) on parcels less than
or equal to 2.0 ha (4.94 acres); or
b.
175 square metres (1884 square feet) on parcels greater
than 2.0 ha (4.94 acres) and less than 4.0 ha (9.88 acres);
or
c.
185 square metres (1991 square feet) on parcels equal to
or greater than 4.0 ha (9.88 acres) in size.
d.
The maximum total floor area includes all areas contained
in any dwelling unit, accessory residential building or
DIVISION EIGHT - RURAL ZONES
107
A.2
agricultural building that are used, or proposed to be used,
for home occupation purposes; and
iv.
the total area outlined in Subsection iii. above may also include
outdoor storage provided that:
a.
the property is greater than 2.0 ha (4.94 acres) in size; and
b.
the area is completely screened from view from adjoining
properties by a solid fence 2 metres (6.56 feet) in height;
and
c.
no storage can be located within a setback area;
v.
there shall be no restriction on the size of a dwelling unit,
accessory residential building or agricultural building within
which a home occupation or occupations may be carried out
provided that the total floor area used for home occupation
purposes does not exceed the area allowed pursuant to the
provisions of subsection iii. above; and
vi.
there shall be no restriction on the number of accessory residential
buildings and agricultural buildings within which home
occupations may be carried out; and
vii.
only persons residing in the dwelling unit associated with the home
occupation use may be involved in a home occupation plus:
a.
a maximum of two (2) non-resident employees on
properties less than or equal to 2.0 ha (4.94 acres); or
b.
a maximum of three (3) non-resident employees on
properties greater than 2.0 ha (4.94 acres) and less than 4.0
ha (9.88 acres); or
c.
a maximum of four (4) non-resident employees on
properties equal to or greater than 4.0 ha (9.88 acres); and
viii.
where the property is located within the Agricultural Land
Reserve, the nature of the home occupation use is not a day care
facility, preschool or other educational facility, group home or
health and other caregiving facility including homes for the
elderly, serving more than eight (8) persons; and
ix.
no noise, vibration, heat glare, fire hazard, litter, odour or electrical
interference is produced which is detectable from outside the
premises, and
DIVISION EIGHT - RURAL ZONES
108
A.2
x.
no traffic congestion or air pollution by way of smoke or dust is
produced; and
xi.
two (2) off-street parking spaces shall be provided in addition to
spaces required for dwelling units in accordance with Schedule 'B'
of this Bylaw, plus one (1) off-street parking space for each non-
resident employee.
d.
A secondary single family dwelling is permitted for use by a member of
the owner's immediate family, or for farm use (in accordance with the
Agricultural Land Reserve Use, Subdivision and Procedure Regulation
#171/2002, as amended from time to time, and the Agricultural Land
Commission Act, as amended from time to time) provided that:
i.
A secondary single family dwelling for use by a member of the
owner's immediate family:
a.
shall not be permitted on a lot less than 8 ha. (19.77 acres)
2 ha. (4.94 acres) in size except that a secondary single
family dwelling (or manufactured home) ancillary to an
existing principal single family dwelling shall be permitted
on a lot less than 8 ha. (19.77 acres) 2 ha. (4.94 acres) in
size if that lot has been reduced below 8 ha. (19.77 acres) 2
ha. (4.94 acres) as a result of, and only as a result of,
subsequent road dedication; and
(Bylaw 1811, 2011)
b.
shall only be permitted on lots within the Agricultural Land
Reserve; and
c.
shall be located on a lot that is classified as "farm" under
the BC Assessment Act, as amended from time to time; and
d.
shall not be issued a building permit by the Spallumcheen
Building Inspector unless a covenant is first registered on
the title of the subject property to prohibit further
subdivision of the property pursuant to the provisions of the
Land Title Act or the Strata Property Act; and
(Bylaw 2099, 2023)
e.
shall be a manufactured home, up to 9 metres (29.528 feet)
in width, placed on a non-permanent foundation; and
f.
shall only be permitted where a statutory declaration is
deposited with the Township stating that the manufactured
home is for an immediate family member, as defined in the
Agricultural Land Reserve Use, Subdivision Procedure
Regulation #171/2002, as amended from time to time; and
DIVISION EIGHT - RURAL ZONES
109
A.2
g.
shall only be permitted upon prior registration of a
restrictive covenant in favour of the Township against the
title of the property upon which the secondary single family
dwelling is to be placed, agreeing that the manufactured
home shall be removed when no longer occupied as a
secondary single family dwelling for use by a member of
the owner's immediate family; and
h.
shall only be permitted where an irrevocable letter of credit
for $5,000 is deposited with the Township, subject to
annual renewal prior to the anniversary date of the approval
of such use as security for removal of the manufactured
home and associated costs; and
i.
shall only be permitted where a blanket statutory right-of-
way is granted to the Township of Spallumcheen permitting
the Township of Spallumcheen to enter onto the owner's
land for the purpose of removing the manufactured home
in the event that the owner defaults. The statutory right-of-
way shall be registered as a condition precedent to the
issuance of a building permit for the manufactured home.
ii.
A secondary single family dwelling for farm use:
a.
shall not be permitted on a lot less than 8 ha. (19.77 acres)
2 ha. (4.94 acres) in size except that a secondary single
family dwelling (or manufactured home) ancillary to an
existing principal single family dwelling shall be permitted
on a lot less than 8 ha. (19.77 acres) 2 ha. (4.94 acres) in
size if that lot has been reduced below 8 ha. (19.77 acres) 2
ha. (4.94 acres) as a result of, and only as a result of,
subsequent road dedication; and
(1811, 2011)
b.
shall only be permitted on lots within the Agricultural Land
Reserve; and
c.
shall be located on a lot that is classified as "farm" under
the BC Assessment Act, as amended from time to time; and
d.
shall not be issued a building permit by the Spallumcheen
Building Inspector unless a covenant is first registered on
the title of the subject property to prohibit further
subdivision of the property pursuant to the provisions of the
Land Title Act or the Strata Property Act; and
(Bylaw 2099, 2023)
e.
may be a permanent single family dwelling or a
manufactured home; and
DIVISION EIGHT - RURAL ZONES
110
A.2
f.
shall be located on a property where the level of farm
activity justifies the need for a secondary single family
dwelling for farm use. Secondary single family dwellings
that are proposed to be located on lands that are located
within the Agricultural Land Reserve shall not be permitted
unless the owner has first submitted, to the Township, an
application to the Agricultural Land Commission (ALC) in
approved form. In processing the application Council may
refuse to authorize the applicant to apply to the ALC;
authorize the applicant to apply to the ALC for their
adjudication; or authorize the building inspector to issue
the building permit.
d.
A secondary single family dwelling is permitted provided that the
secondary single family dwelling:
i.
shall not be permitted on a lot less than 2 ha. (4.94 acres) in size
except that a secondary single family dwelling (or manufactured
home) ancillary to an existing principal single family dwelling
shall be permitted on a lot less than 2 ha. (4.94 acres) in size if
that lot has been reduced below 2 ha. (4.94 acres) as a result of,
and only as a result of, subsequent road dedication; and
ii.
shall only be permitted on lots within the Agricultural Land
Reserve; and
iii.
shall not exceed 90 m2 (969 square feet) in gross floor area if the
parcel is 40 ha (98.8 acres) or less; and
iv.
shall not exceed 186 m2 (2002 square feet) in gross floor area if
the parcel is greater than 40 ha (98.8 acres); and
v.
may be a permanent single detached dwelling, or a
manufactured home.
(Bylaw 2135, 2024)
e.
A secondary single family dwelling (or manufactured home) ancillary to
an existing principal single family dwelling shall not be permitted on a lot
less than 8 ha (19.77 acres) 2 ha. (4.94 acres) in size except that a
secondary single family dwelling (or manufactured home) ancillary to an
existing principal single family dwelling shall be permitted on a lot less
than 8 ha (19.77 acres) 2 ha. (4.94 acres) in size if that lot has been reduced
below 8 ha (19.77 acres) 2 ha. (4.94 acres) as a result of, and only as a
result of, subsequent road dedication. The manufactured home must be
certified by the Canadian Standards Association to conform with the
CSA Standard Z240.
(Bylaw 1811, 2011)
Building permits for secondary single family dwellings (or manufactured
homes) shall not be issued by the Spallumcheen Building Inspector
unless a covenant is first registered on the title of the subject property to
prohibit further subdivision of the property pursuant to the provisions of
the Land Title Act or the Strata Property Act.
(Bylaw 2099, 2023)
DIVISION EIGHT - RURAL ZONES
111
A.2
e.
A secondary single family dwelling ancillary to an existing principal
single family dwelling shall not be permitted on a lot less than 2 ha. (4.94
acres) in size except that a secondary single family dwelling ancillary to
an existing principal single family dwelling shall be permitted on a lot
less than 2 ha. (4.94 acres) in size if that lot has been reduced below 2
ha. (4.94 acres) as a result of, and only as a result of, subsequent road
dedication.
(Bylaw 2135, 2024)
f.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within a
building; and
ii.
the secondary suite shall not exceed the lesser of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet); and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
the single family dwelling unit or the secondary suite shall be
occupied by at least one (1) of the persons designated on the records
of the Kamloops Land Title Office as the registered owner of the lot
and dwelling unit; and
v.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
vi.
two off-street parking spaces shall be provided for each secondary
suite.
f.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within
a building; and
ii.
the secondary suite shall not exceed the greater of forty percent
(40%) of the floor area of the building which contains the single-
family dwelling unit or 90 square metres (968.78 square feet);
and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
DIVISION EIGHT - RURAL ZONES
112
A.2
iv.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
v.
one off-street parking space shall be provided for the secondary
suite.
(Bylaw 2135, 2024)
Secondary suites shall not be permitted in cellars.
g.
Detached suites are permitted provided that:
i.
the detached suite must be located entirely on one floor and on
a floor above the main floor of an accessory residential or
agricultural building;
ii.
the main floor of the building which contains a detached suite
must only be used for accessory residential or agricultural
purposes;
iii.
the detached suite must have access to the outside that is
separate from the access to the main floor of the accessory
residential or agricultural building;
iv.
no more than one (1) detached suite shall be permitted within
an accessory residential or agricultural building;
v.
no more than one (1) detached suite shall be permitted per lot;
vi.
the detached suite shall not be permitted on lots containing a
secondary single family dwelling (manufactured home) as
permitted in Section 803.9.d of this Bylaw;
vii.
the detached suite shall not be permitted on lots that are smaller
than 2 ha;
viii.
the maximum floor area of a detached suite shall not exceed 90
m2 (968 square feet);
ix.
one (1) off-street parking space must be provided for each
detached suite. The parking space may not be provided in
tandem with any other parking space required by this Bylaw;
x.
the detached suite must be located on a property which is a
single real estate entity and which shall not be strata titled;
xi.
for properties within the Agricultural Land Reserve, the
detached suite may only be located on a lot that is classified as
"farm" under the BC Assessment Act and the detached suite
must comply with all Agricultural Land Commission
regulations.
(Bylaw 1938, 2017)
g.
For land in the Agricultural Land Reserve a detached suite is a second
dwelling and shall meet the regulations that apply to a second dwelling.
For land outside the Agricultural Land Reserve detached suites are
permitted provided that:
DIVISION EIGHT - RURAL ZONES
113
A.2
i.
the detached suite must be located entirely on one floor and on a
floor above the main floor of an accessory residential or
agricultural building;
ii.
the main floor of the building which contains a detached suite
must only be used for accessory residential or agricultural
purposes;
iii.
the detached suite must have access to the outside that is
separate from the access to the main floor of the accessory
residential or agricultural building;
iv.
no more than one (1) detached suite shall be permitted within
an accessory residential or agricultural building;
v.
no more than one (1) detached suite shall be permitted per lot;
vi.
the detached suite shall not be permitted on lots containing a
secondary single family dwelling (manufactured home) as
permitted in Section 803.9.d of this Bylaw;
vii.
the detached suite shall not be permitted on lots that are smaller
than 2 ha;
viii.
one (1) off-street parking space must be provided for each
detached suite. The parking space may not be provided in
tandem with any other parking space required by this Bylaw;
ix.
the detached suite must be located on a property which is a
single real estate entity and which shall not be strata titled.
(Bylaw 2135, 2024)
h.
Insofar as residential buildings are concerned, where a lot of less than 0.5
ha (1.235 acres) was existing at the effective date of this Bylaw, the
provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
i.
The unenclosed storage of more than two (2) unlicenced or dismantled
automobiles is not permitted except that the unenclosed storage of five (5)
unlicenced or dismantled automobiles may be allowed on parcels 8 ha.
(19.77 acres) or larger.
j.
Wineries and cideries are permitted provided that:
i.
The winery or cidery is eligible for licensing as a winery or cidery
under the terms established by the BC Liquor Control and
Licensing Branch as amended from time to time; and
ii.
At least 50% of the production of wine or cider comes from grapes,
cider apples or other fruit grown on the winery or cidery farm.
Grapes, cider apples or other fruit which are grown in British
Columbia and are acquired by a winery or cidery through a long-
term contract of no less than three (3) years may be included as
part of the on-farm 50% production, provided that a minimum size
vineyard or orchard of 2.0 hectares (4.94 acres) is maintained by
the winery or cidery farm.
DIVISION EIGHT - RURAL ZONES
114
A.2
iii.
Aside from the wine or cider, the sale of any other farm products,
processed farm products and off-farm products must not exceed
the limits prescribed in Section 803.9.a. of this Bylaw.
iv.
Off-street parking shall be provided for wineries and cideries at a
rate of 4.4 spaces per 100 square metres (1076 square feet) gross
floor area used for wine tasting and wine sales. The off-street
parking area and access thereto shall be constructed meeting the
standards cited in Section 1101.2. of this Bylaw applicable to
Rural zones.
v.
Buildings used for winery or cidery use shall not be sited closer
than 7.5 metres (24.61 feet) to any lot line.
vi.
Signs shall conform with the provisions of Section 803.9.a.vii. of
this Bylaw.
vii.
Wineries and cideries shall not be permitted to be carried out
unless the owner of such business or undertaking has obtained a
licence for the carrying on of such business or undertaking where
such licence is required to be obtained under the provisions of all
applicable Statutes, Bylaws, and regulations in force from time to
time.
k.
A dog kennel shall not be permitted on lots smaller than 4 ha. (9.884
acres) and a dog kennel shall be subject to the agricultural setback
provisions of Schedule J of this Bylaw.
(Bylaw 2135, 2024)
l.
Uses listed under Section 3(1) of the Agricultural Land Reserve Use,
Subdivision and Procedure Regulation (B.C. Reg. 171/2002) shall not be
permitted to be carried out on lands located within the Agricultural Land
Reserve unless otherwise specifically regulated by provisions of this
Bylaw.
m.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c. of this Bylaw, the maximum total floor area
for the existing automotive wrecking and used parts sales home
occupation on Lot 1, Section 15, Township 7, ODYD, Plan 16419 at 4685
Grandview Flats Road shall be 210 square metres (2,260.5 square feet)
within the existing enclosed accessory building, plus 50 square metres
(538.2 square feet) for outside fenced storage; and
Notwithstanding the setback standards outlined in Section 803.8 of this
Bylaw, the side yard setback shall be 0.14 metres (0.46 feet) and the rear
yard setback shall be 0.03 metres (0.1 feet) for the existing accessing
building and outside storage area.
DIVISION EIGHT - RURAL ZONES
115
A.2
n.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c. of this Bylaw, the maximum total floor area
for the existing building moving home occupation on Lot 4, Section 12,
Township 34, ODYD, Plan 22920 at 4160 Salmon River Road shall be
15 square metres (161.5 square feet) for an office in the existing dwelling
plus 60 square metres (645.9 square feet) of enclosed storage, plus 650
square metres (6,996.70 square feet) for outside storage at a maximum
width of 7.5 metres (24.61 feet) along the western boundary and screened
to the standards outlined in Section 1801.01 of this Bylaw; and
Notwithstanding the setback standards outlined in Section 803.8 of this
Bylaw, the side yard setback for an outside storage area located 85 metres
(279.0 feet) along the west property from the northwest corner shall be
0.01 metres (0.03 feet).
o.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c. of this Bylaw, the maximum total floor area
for the existing home occupation for the manufacturing and sales of
custom wooden furniture and custom wood working and manufacturing
on Lot 2, Section 4, Township 35, KDYD, Plan 2997 Except Parcel A,
Plan B5873 and Plans 15433, 33559 and KAP58207 at 3765 Creamery
Road shall be 483 square metres (5,200 square feet) within the existing
two accessory buildings; and notwithstanding the home occupation size
standard outlined in Section 803.9.c.i. of this Bylaw, the existing sign of
3.0 square metres (32 square feet) at the existing location is permitted.
p.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the maximum floor area for the
existing carriage and wheel repair home occupation consisting of an
office, repair shops and inside storage of materials within existing
accessory buildings; one existing outside storage area; and all associated
activities located on Parcel A (DD 264650F) of Lot 1, Section 30,
Township 4, ODYD, Plan 10692 at 1853 Pleasant Valley Road shall be
450 m2 (4,844 ft2); and
notwithstanding the Agricultural Home Occupation setback standards
outlined in Section 803.8 of this Bylaw the existing north side yard
setback for the existing garage shall be 5.5 m (18 ft); the existing south
side yard setback for the existing shop shall be 2.5 m (8.2 ft); the existing
rear yard setback for the existing storage shed shall be 6.5 m (21.3 ft);
and the setback on the rear (west) and side (north) property lines for the
existing outside storage area shall be zero.
q.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the existing vehicle mechanical
and body repair service and vehicle recycling operation consisting of
approximately 1,098m² (11,818ft²) within existing accessory buildings as
well as the outside storage of unstacked derelict vehicles and associated
materials being located on Lot 3, District Lot 821, Township 17, Range
9 W6M, KDYD, Plan 1605 is a permitted use and this permitted use
DIVISION EIGHT - RURAL ZONES
116
A.2
includes vehicle crushing for on-site vehicles only, and only twice per
calendar year; and the size of the home occupation area shall be within
an area defined as follows:
In the North - a setback of 20m from the natural boundary of Fortune
Creek or 3m from the existing adjacent tree line whichever is greater and
being marked by flagged poles;
In the East - a setback of 20m from the east parcel boundary or 3m from
the existing adjacent tree line whichever is greater and being marked by
flagged poles;
In the South - the existing hydro right-of-way through the subject
property being marked by an existing wire fence; except the existing
business accessory buildings which cross this boundary; and
In the West - the eastern extent of the existing dwelling and related
accessory buildings and being marked by a solid board fence as required
by this Bylaw between the Fortune Creek setback and the business
operation area; and as a measure of the density of the use of the land, the
home occupation shall be allowed a maximum of six employees other
than family members.
r.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the existing heavy equipment
sales and service home occupation consisting of approximately 890m²
(9,580ft²) for an office, storage spaces and repair shops within existing
accessory buildings as well as the outside storage and sale of equipment
and materials being located on Lot 1, District Lot 987 and Township 17,
Range 9 W6M, KDYD, Plan KAP13753 (PID 009-170-375) and as
defined by Easement on the adjacent parcel Lot 1, District Lot 987 and
Township 17, Range 9 W6M, K.D.Y.D., Plan KAP18691 (PID 008-234-
558) is a permitted use; and
as a measure of the density of the use of the land, the home occupation
shall be allowed a maximum of five employees other than family
members; and
notwithstanding the Home Occupation setback standards outlined in
Section 803.8 of this Bylaw, the rear yard (east) setback for this home
occupation shall be zero.
s.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the maximum floor area for the
existing custom woodworking home occupation and associated activities
on Lot 4, Section 31, Township 4, ODYD, Plan 620 at 140 Rieger Road
shall be 260 m² (±2,800 ft²) within the existing two accessory buildings.
DIVISION EIGHT - RURAL ZONES
117
A.2
t.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the existing sale and
refurbishing of farm equipment home based business and associated
activities located on Lot C, District Lot 91, ODYD, Plan 5691 at 4830
Highway 97A is a permitted use consisting of 174 m² (±1,872 ft²) of
floorspace within the dwelling and existing accessory building as well as
an outside storage equipment sales area of 750 m² (±8,073 ft²) near the
northwest frontage corner of the subject parcel.
u.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the home based business
consisting of a truck storage and maintenance operation located on Lot
4, District Lot 96, Osoyoos Division Yale District, Plan 1660, at 5008
Schubert Road is a permitted use with 18 m² (192 ft²) of floor space
within an office building, 557 m² (6,000 ft²) of floor space within a truck
repair and maintenance building, 112 m² (1,200 ft²) of floor space within
a welding shop, 67 m² (720 ft²) of floor space within a storage shop, 178
m² (1,920 ft²) of floor space within a barn and an outdoor truck parking
area of 650 m² (7,000 ft²);
AND THAT a row of mature trees be planted along the west side of the
outdoor truck parking area in order to screen the view of the business
from adjacent properties on a year round basis.
v.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the existing business vehicle
parking and automotive parts storage business consisting of 642.5m²
(±6,918ft²) of floorspace within four existing accessory buildings being
located on Lot 1, Section 22, Township 35, KDYD, Plan 2103, 4975
Highway 97A is a permitted use; whereby, this permitted use does not
permit outside storage or the outside parking of business vehicles and is
only accessory to the automotive repair and vehicle recycling business
("Gerry's Repair and Recycling") located on Lot 3, District Lot 821,
Township 17, Range 9, W6M, KDYD, Plan 1605, 1665 Whitaker Road.
(Bylaw 1897, 2015)
w.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of the Zoning Bylaw, the existing small
engine, motorcycle, marine and snowmobile repair service consisting of
approximately 622m2 (6,700ft2) of business floorspace within three
existing accessory buildings as well as the outside storage of parts,
supplies, old machines and associated materials being located on Lot 2,
Section 12, Township 7, O.D.Y.D., Plan KAP47909 is a permitted use;
where the total outside storage is restricted to approximately 1,073m2
(11,550ft2) and controlled to:
the space between the old pig barn and the shop; and
a space defined in the north by the break of slope to Paterson Creek,
in the south by the adjacent driveway, in the west by the old pig barn
DIVISION EIGHT - RURAL ZONES
118
A.2
and in the east by the existing cross-fence in line with the existing pole
shed.
x.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the existing home based
business for the manufacture, fabrication and repair of metal products
and instruments consisting of approximately 590.9 m2 (6,360 ft2) within
the existing accessory building being located on Parcel 4 (Plan B3007)
of the south ½ Section 9, Township 35, KDYD, Except Parcel 10 (Plan
H3) at 4135 Highway 97A is a permitted use; and
notwithstanding the sign standards outlined in Section 803.9.c.i of this
Bylaw, the applicant is permitted to retain the existing freestanding sign
of approximately 2.3 m2 (23.0 ft2).
y.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the existing automotive repair
shop and insulation storage home based business located on Lot 1 Section
29, Township 4, ODYD, Plan 41214, 1780 Eagle Rock Road is a
permitted use consisting of 420 m² (±4,528 ft²) of floorspace within an
automotive repair shop, 148 m² (1,600 ft²) of floorspace within an
insulation storage building and an outside storage area of 550 m² (±5,920
ft²) adjacent to the north side of the insulation building;
AND THAT the outdoor storage area may not be located within any
setback areas and all materials and equipment stored within the area must
be entirely screened by a solid fence two (2) metres in height or
equivalent;
AND THAT the Eagle Rock Road and Hwy 97A frontages adjacent to
the home-based business be landscaped in accordance with an approved
professionally designed landscape plan;
AND THAT the home occupation shall be allowed a maximum of six
employees other than family members;
AND THAT the home-based business must include eight parking stalls
which comply with the parking standards outlined in Section 1101 of
Schedule B of this Bylaw.
z.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the home based business
consisting of a horse feed processing operation, a wood shaving bagging
operation and a trucking operation located on Lot 1, District Lot 97,
Osoyoos Division Yale District, Plan KAP70654, at 5042 Schubert Road
is a permitted use consisting of 1,086 m² (11,689 ft²) of floorspace within
a processing and storage building, 93 m2 (1,000 ft2) of floor space within
an office building, an outdoor truck storage area of 465 m² (5,000 ft²) on
the west side of the production and storage building and an outdoor pallet
DIVISION EIGHT - RURAL ZONES
119
A.2
and finished product storage area of 1,533 m2 (16,500 ft2) on the south
side of the production building.
AND THAT a row of mature trees be planted along the south side of the
outdoor storage and parking area in order to screen the view of the
business from adjacent properties on a year round basis;
AND THAT notwithstanding the non-resident employee standards
outlined in Section 803.9.c of this bylaw, the home occupation shall be
allowed a maximum of 6 non-resident employees;
AND THAT the home-based business must include 8 parking stalls
which comply with the parking standards outlined in Section 1101 of
Schedule B of this Bylaw.
aa.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the automotive repair shop
home based business located on Lot 14, District Lot 46, Kamloops
(Formerly Osoyoos) Division Yale District, Plan 322, Except part shown
as Lot 3 on Plan H862 and Plan 32642, 135 Pleasant Valley Cross Road
is a permitted use consisting of 297 m² (±3,200 ft²) of floorspace within
an automotive repair shop building and an outside storage area of 290 m²
(3,120 ft²) adjacent to the north side of the Accessory building, an outside
storage area of 595 m² (6,400 ft²) adjacent to the south side of the
Accessory building and an unlicensed vehicle parking area of 159 m²
(1,716 ft²) adjacent to the west side of the Accessory building;
AND THAT notwithstanding the Home Occupation setback standards
outlined in Section 803.8 of this bylaw, the front yard setback for the
outside storage area on the north side of the automotive repair shop
building shall be 0.3 m;
AND THAT all materials and equipment stored within the outside
storage areas must be entirely screened by a solid fence of not less than
two (2) metres in height;
AND THAT notwithstanding the Home Occupation sign standards
outlined in Section 803.9.c.i of this bylaw, the display of one Mustang
vehicle as signage totaling an area of 3.4 m2 (36.6 ft2) shall be permitted
at the northeast corner of the property.
bb.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the kitchen and furniture
manufacturing home based business located on Lot 1, Section 8,
Township 18, Range 9, West of the 6th Meridian, Kamloops (Formerly
Osoyoos) Division Yale District, Plan 27566, 5125 Lansdowne Road is
a permitted use consisting of 613 m² (6,600 ft²) of floorspace within a
show room and paint room building, 915 m² (9,850 ft²) of floorspace
within a manufacturing building, 41 m² (440 ft²) of office floorspace
DIVISION EIGHT - RURAL ZONES
120
A.2
within a single family dwelling and an outside storage area of 522 m²
(5,625 ft²) on the west side of the show room and paint room building;
AND THAT all materials and equipment stored within the outside
storage area be entirely screened by view from adjacent properties;
AND THAT notwithstanding the non-resident employee standards
outlined in Section 803.9.c of this bylaw, the home occupation shall be
allowed a maximum of six (6) non-resident employees;
AND THAT the home-based business must include eight (8) parking
stalls which comply with the parking standards outlined in Section 1101
of Schedule B of this Bylaw.
AND THAT the applicant retain a row of mature spruce trees along the
Landsdowne Road frontage in order to screen the view of the home-base
business buildings from the road.
cc.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the maximum total floor area
for the existing home based business for the fabrication, servicing and
sale of barn equipment, trailers and related products and all associated
activities within the existing accessory building (including two additions)
as well as existing outside storage areas located on Lot 3, Section 31,
Township 4, ODYD, Plan 620 at 2012 Pleasant Valley Road shall be
685.5 m² (7,376 ft²);
notwithstanding the Agricultural Home Occupation setback standards
outlined in Section 803.8 of this Bylaw, the existing south side yard
setback for the existing building shall be 2.5 m (8.2 ft); and
notwithstanding the requirement for screening outside storage areas as
outlined in Section 803.9.c.iv.b of this Bylaw, the need for screening is
hereby waived.
dd.
Notwithstanding the Agricultural Zone (A.2) Accessory Farm Sale and
Home Occupation standards outlined in Sections 803.9.a and 803.9.c of
this Bylaw, the agri-tourism home based business located on the Easterly
1/2 of the Southerly 160 Rods of District Lot 990, Kamloops Division
Yale District, 1403 McLeod Road is a permitted use consisting of indoor
and outdoor farm and exotic animal viewing areas, children's playground
areas and 76 m² (816 ft²) of retail floorspace within an animal viewing
building. The agri-tourism home based business must be seasonal, and
promote or market farm products grown, raised or processed on the farm.
AND THAT notwithstanding the Home Occupation sign standards
outlined in Section 803.9.c.i of this bylaw, the display of two 1.95 m2 (21
ft2) signs shall be permitted at the northwest corner of the property and at
the entrance of the home-based business parking area.
DIVISION EIGHT - RURAL ZONES
121
A.2
AND THAT effective dust control suppressant be applied on all internal
roads as required.
ee.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the existing manufacturing
wood products of cedar door shims, barbeque planks, survey stakes and
trim blocks within a building measuring 12.2m by 18.3m (40'X60') plus
an attached open lean-to measuring 6.1m by 18.3m (20'X60') equating to
a total building footprint of 334.9m2 (3,600 ft2) being located on Lot A,
Section 26, Township 34, Osoyoos Division Yale District, Plan 30471,
5233 Deep Creek Road is a permitted use;
AND THAT notwithstanding the non-resident employee standards
outlined in Section 803.9.c of this bylaw, the home occupation shall be
allowed a maximum of five (5) non-resident employees working on-site
at any given time between 7:00 am and 5:00 pm, Monday to Fridays;
AND THAT the home-based business must include seven (7) parking
stalls which comply with the parking standards outlined in Section 1101
of Schedule B of this Bylaw;
AND THAT there shall be no stockpiling of wood waste products on said
property;
AND THAT there shall be no security lights permitted on said property;
AND THAT a row of mature spruce trees be maintained along the south
side of the home based business driveway and along the east, south and
north side of the outdoor storage and parking area in order to screen the
view of the business from Deep Creek Road and adjacent properties.
ff.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the manufacturing of wood
pallets within a building measuring 10.36 m by 14.02 m (34' by 46')
equating to a total building footprint of 145.29 m2 (1,564 ft2) as well as a
464.5 m2 (5,000 ft2) outdoor storage areas of wood pallets on the north
and east side of the wood pallet manufacturing building being located on
Lot A, Section 31, Township 4, Kamloops Division Yale District, Plan
KAP65900, 2001 Pleasant Valley Road is a permitted use;
AND THAT all materials and equipment stored within the outside
storage areas must be setback 7.5 metres from all property lines.
gg.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, the water bottling operation
equating to a total business floor area of 485.68 m2 (5228 ft2) as well as
an outdoor storage area consisting of 325.15 m2 (3500 ft2) being located
on Lot 5, Section 30, Township 4, ODYD, Plan 322 is a permitted use;
DIVISION EIGHT - RURAL ZONES
122
A.2
AND THAT all materials and equipment stored within the outside
storage areas must be entirely screened by a solid fence two (2) metres in
height;
AND THAT the home-based business must include 6 paved parking
stalls which comply with the parking standards outlined in Section 1101
of Schedule B of this Bylaw.
hh.
Notwithstanding the Agricultural Zone Home Occupation standards
outlined in Section 803.9.c of this Bylaw, that the pet food production
home based business located on Lot 1, Section 22, Township 35,
Kamloops Division Yale District, Plan 24153, 4781 McLeery Road is a
permitted use consisting of 304 m² (3,270 ft²) of floorspace within a pet
food production building, 46 m² (495 ft²) of floorspace within an office
building and an outside storage area of 132 m² (1,420 ft²);
AND THAT all materials and equipment stored within the outside
storage areas must be located entirely on the subject property, be set back
7.5 metres from all property lines and be entirely screened by mature
trees and shrubs;
AND THAT the exterior side yard setback pursuant to Section 803.8 of
the Township of Spallumcheen Zoning Bylaw be varied from 7.5 metres
to 0 metres for the production facility building and 7.5 metres to 1.66
metres for the office building; and
AND THAT notwithstanding the non-resident employee standards
outlined in Section 803.9.c of this bylaw, the home occupation shall be
allowed a maximum of five (5) non-resident employees;
AND THAT the home-based business must include seven (7) parking
stalls on the subject property which comply with the parking standards
outlined in Section 1101 of Schedule B of the this Bylaw.
ii.
Notwithstanding the Agricultural Zone (A.2) Accessory Farm Sale and
Home Occupation standards outlined in Sections 803.9.a and 803.9.c
of this Bylaw, the agri-tourism home based business located on Lot A,
District Lots 90 and 91, ODYD, Plan 5691 at 4782 Highway 97A is a
permitted use consisting of outdoor farm animal viewing areas,
children's playground areas, 449 m2 (4833 ft2) of food processing and
packing floorspace and 191 m2 (2052 ft2) of retail floorspace. The
agri-tourism home based business must be seasonal, and promote or
market farm products grown, raised or processed on the farm;
AND THAT notwithstanding the non-resident employee standards
outlined in Section 803.9.c of this bylaw, the home occupation shall be
allowed a maximum of six (6) seasonal non-resident full time
employees;
DIVISION EIGHT - RURAL ZONES
123
A.2
AND THAT the home-based business must include eight (8) parking
stalls which comply with the parking standards outlined in Section
1101 of Schedule B of the Township of Spallumcheen Zoning Bylaw;
AND THAT notwithstanding the Home Occupation sign standards
outlined in Section 803.9.c.i of this bylaw, the display of one 5 m2 (54
ft2) sign and one 3 m2 (32 ft2) directional sign shall be permitted.
(Isaac / Log Barn Food Co.)
(Bylaw 1656, 2006)
jj.
Notwithstanding the Agriculture (A.2) zone Home Occupation
standards outlined in Section 803.9.c of this Bylaw, that a home based
business on the property legally described as Parcel 3 (Plan B3007) of
the SE ¼ Sec. 9, Twp. 35, K (formerly O) DYD, located at 1580
Mountain View Road is a permitted use with 8.3m2 (90 ft2) of office
floor space within a single detached dwelling and a 91.4m2 (984ft2)
outdoor storage area to the north of the dwelling.
AND THAT the outdoor storage area must be fenced with screening.
(Bylaw 1750, 2009)
kk.
Notwithstanding the Agriculture (A.2) zone Permitted Uses outlined in
Section 803.1 of this Bylaw, the use of the existing grain cleaning
facility and adjacent barn is a permitted use on the property legally
described as Lot 1, Section 19, Township 35, Kamloops (Formerly
Osoyoos) Division Yale District, Plan KAP86286 for the storage and
cleaning of locally grown grains, more than 50% of which are not
grown on the farm provided that the use is restricted to those buildings
indentified on Schedule 'A' of Bylaw 1569, 2006 except for placement
of bins outside of the existing structures on land that is not used for
agriculture.
(Bylaw 1569, 2006)
ll.
Notwithstanding the Agricultural (A.2) zone Permitted Uses outlined
in Section 803.1 of this Bylaw, agri-tourism accommodations are
permitted on the property legally described as the Fractional West 1/2
of Sec 23, Twp 7, ODYD, Except Plans B822, 1766, 21463, KAP50108
and KAP81622 subject to the following regulations:
i.
the agri-tourism accommodation is defined as a seasonal use
which must be accessory to the agricultural use of the subject
property;
ii.
all or part of the parcel on which the accommodation is located
is classified as 'farm' by the BC Assessment Authority;
iii.
the number and type of agri-tourism accommodation units is
limited to a maximum of three (3) 16 m2 yurts and one (1) 62
m2 building containing two (2) three-piece washrooms for the
yurt guests and one 37.2 m2 accommodation unit equipped with
its own three-piece washroom, hot plate and sink;
DIVISION EIGHT - RURAL ZONES
124
A.2
vi.
for the purposes of this Bylaw a "yurt" means an agri-tourism
accommodation unit in the form of a circular tent constructed
on a collapsible framework which is not supported by a
permanent foundation nor equipped with plumbing or a
kitchen;
v.
no person shall stay within an agri-tourism accommodation
unit for more than thirty (30) days in one (1) calendar year;
vi.
a total of four (4) gravel parking stalls must be provided for
guests of the agri-tourism accommodation units;
vii.
the number and type of signs for the business is limited to a 1.0
m2 sign to be constructed of natural rock and timber;
viii.
the total developed area for the agri-tourism accommodation
use, including accommodations, buildings, landscaping,
recreation and service areas, parking and access for the
accommodations, is less than 5% of the parcel area.
(Bylaw 1895, 2015)
mm.
Notwithstanding the Agricultural (A.2) zone Permitted Uses outlined
in Section 803.1 of this Bylaw, a lounge is a permitted use on the
property legally described as Lot 2, Sections 19 and 30, Twp 17, R9,
W6M and Sec 25 Twp 17, R10, W6M, KDYD, Plan EPP57825 and
located at 4300 Maw Road subject to the following:
i.
LOUNGE means a food and beverage service area located
indoors or on a patio area which is ancillary to a cidery where
customers can purchase and consume product made on-site
and a limited amount of products purchased from the Liquor
Distribution Branch, and can be used for special events.
ii.
the lounge area shall not exceed an occupancy load of 285
persons, and shall be on the main level of the cidery building
existing at the time of adoption of Zoning Text Amendment
Bylaw No. 1944 and located approximately 510 m north of the
south property boundary and 29 m east of the west property
boundary, and shall consist of a maximum 277 m2 indoor floor
area (not including washrooms and hallways) and a maximum
17.19 m2 outdoor patio floor area; and
ii.
the lounge area shall not exceed an occupancy load of 285
persons, and shall be on the main level of the cidery building
existing at the time of adoption of Zoning Text Amendment
Bylaw No. 1944 and located approximately 510 m north of the
south property boundary and 29 m east of the west property
boundary, and shall consist of a maximum 277 m2 indoor floor
area and a maximum 125 m2 outdoor patio area;
(Bylaw 2079, 2022)
DIVISION EIGHT - RURAL ZONES
125
A.2
iii.
the lounge use shall be in compliance with a valid Lounge
Endorsement issued by the Liquor and Cannabis Regulation
Branch in relation to the cidery on the subject property; and
iv.
off-street parking spaces are to be provided on the lot on which
the lounge exists, to meet the requirements of Section 1101 of
this Bylaw, and shall include one (1) parking space per three
(3) persons based on the approved occupancy load for a total of
95 parking spaces. Parking spaces must not be permanent nor
interfere with the farm's agricultural productivity.
(Bylaw 1944, 2017)
DIVISION EIGHT - RURAL ZONES
126
L.H.
804
LARGE HOLDING ZONE (L.H.)
1.
Permitted Uses of Land, Buildings, and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Large Holding Zone (L.H.):
a.
Accessory buildings and structures
b.
Bed and breakfast facilities subject to the provisions of Section 804.9.a. of
this Bylaw
b.
Bed and breakfast facilities subject to the provisions of Section 415 of
this Bylaw
(Bylaw 2135, 2024)
c.
Dog kennel subject to the regulations of Section 804.9.h. 804.9.i of this
Bylaw
(Bylaw 2003, 2020)
c.
Dog kennel subject to the regulations of Section 417 of this Bylaw
(Bylaw 2135, 2024)
d.
Large Holding Zone Home occupations subject to the provisions of Section
804.9.b. of this Bylaw
e.
Intensive agricultural use
f.
Resource use
g.
Secondary single family dwellings (or manufactured homes) subject to the
provisions of Section 804.9.c. of this Bylaw
h.
Single family dwellings which may include secondary suites subject to
the provisions of Section 804.9.d. of this Bylaw
i.
Detached suite subject to the provisions of Section 804.9.e
(Bylaw 1938, 2017)
2.
Buildings Per Lot:
The number of buildings allowed per lot for each of the following uses shall be not
more than:
a.
one (1) single family dwelling; and
b.
one (1) secondary single family dwelling (or manufactured home) subject
to the provisions of Section 804.9.c. of this Bylaw.
b.
one (1) secondary single family dwelling subject to the provisions of
Section 804.9.c of this Bylaw (on lots 2 ha or larger) or one (1) detached
suite subject to the provisions of Section 804.9.i 804.9.e (on lots 2 ha or
larger).
(Bylaw 1938, 2017) (Bylaw 2003, 2020)
3.
Height of Buildings and Structures:
The height of buildings and structures shall not exceed:
DIVISION EIGHT - RURAL ZONES
127
L.H.
a.
8 metres (26.25 feet) for accessory residential use; or
b.
10 m (32.81 feet) for detached suite use; or
(Bylaw 1938, 2017)
c.
10 metres (32.81 feet) for residential use; or
d.
20 metres (65.62 feet) for agricultural or resource use.
4.
Lot Area:
Subject to the provisions of Sections 1301.2.f. and g. of this Bylaw, each lot shall
have an area of not less than 30.5 ha (75.37 acres).
5.
Lot Coverage:
Lot coverage shall be not greater than:
a.
Twenty percent (20%) for buildings and structures used for apicultural use;
or
b.
Twenty five percent (25%) for buildings and structures used for tree, vine,
field and forage crop production; or
c.
Thirty five percent (35%) for buildings and structures used for mushroom
growing; livestock, poultry, game and fur production including confined
livestock areas; and for nurseries and specialty wood crop production and
turf farms; or
d.
Seventy five percent (75%) for greenhouses; or
e.
Thirty five percent (35%) for all other uses.
Areas or structures used to store woodwaste or raw materials for compost or soilless
medium production may comprise up to half of the lot coverage indicated above.
Detention ponds and support structures for shading, frost and wind protection,
netting or trellising are not subject to the lot coverage provisions cited above.
6.
Lot Frontage:
Each lot shall have a road frontage in accordance with the provisions of Section
1301.1.e.i. of this Bylaw.
7.
Off-Street Parking:
Off-street parking shall be provided and maintained in accordance with the
provisions of Schedule B of this Bylaw and the number of parking spaces required
DIVISION EIGHT - RURAL ZONES
128
L.H.
to be provided on a lot or lots, shall be determined by the use or uses being carried
on such lot or lots from time to time.
8.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Agricultural Setbacks:
Principle farm buildings, structures and areas and accessory farm
buildings, structures and areas shall be provided with setbacks in
accordance with the provisions of Schedule J of this bylaw.
b.
Exterior Side Yard:
An exterior side yard free of buildings and structures shall, where
applicable, be provided with a depth of not less than 7.5 metres (24.61 feet)
for single family dwellings, accessory residential buildings and structures,
manufactured homes where permitted pursuant to the provisions of Section
804.9.c. of this Bylaw and resource use.
c.
Front Yard:
A front yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for single family dwellings,
accessory residential buildings and structures, manufactured homes where
permitted pursuant to the provisions of Section 804.9.c. of this Bylaw and
resource use.
d.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other
building.
e.
Rear Yard:
A rear yard free of buildings and structures shall be provided with a depth
of not less than 7.5 metres (24.61 feet) for single family dwellings,
accessory residential buildings and structures, manufactured homes
where permitted pursuant to the provisions of Section 804.9.c. of this
Bylaw and resource use.
f.
Side Yards:
Side yards free of buildings and structures shall be provided with a width
of not less than 4.5 metres (14.76 feet) for single family dwellings,
accessory residential buildings and structures, manufactured homes
where permitted pursuant to the provisions of Section 804.9.c. of this
Bylaw and resource use.
DIVISION EIGHT - RURAL ZONES
129
L.H.
g.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural
watercourse or source of water shall be in accordance with Section 408 and
Schedules H and J of this bylaw.
h.
Home Occupations:
Buildings used for Home Occupations except principal dwellings shall
be provided with a setback of not less than:
i.
7.5 metres (24.61 feet) from all property lines on properties less
than or equal to 4.0 ha (9.88 acres) in size; and
ii.
15 metres (49.2 feet) from all property lines on properties
greater than 4.0 ha (9.88 acres) in size.
i.
Insofar as residential buildings are concerned, where a lot of less than
0.5 ha (1.235 acres) was existing on April 21, 2008 (the effective date of
the original Township of Spallumcheen Zoning Bylaw No. 1700, 2008),
the provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
9.
Other Requirements:
a.
Bed and breakfast use operations are permitted provided that:
i.
the bed and breakfast use is contained wholly within the principal
dwelling; and
ii.
is restricted to a maximum of three bedrooms; and
iii.
is provided with one additional off-street parking space, two if
more than two bedrooms are used; and
iv.
in no way indicates from the exterior of the building that the
premises are being used for a bed and breakfast, except for one
unilluminated sign less than 1 square metre (10.76 square feet) in
area.
Bed and breakfast signs may be double sided or may include two (2) signs
joined at one end to form a V having an angle not greater than thirty
degrees (30°).
(Bylaw 2135, 2024)
b.
Large Holding Zone Home occupations are permitted provided that:
i.
the home occupations are clearly incidental or secondary to the
residential/farm use of the property and do not change the
DIVISION EIGHT - RURAL ZONES
130
L.H.
character of the site or have any exterior evidence of such
secondary use other than one home occupation sign not greater
than 1 square metre (10.76 square feet) in area except that if the
property abuts Highway 97 or Highway 97A, or is separated by
a road or railway therefrom, then one home occupation sign not
greater than 3 square metres (32.29 square feet) in area may be
permitted.
Home occupation signs may be double sided or may include two
(2) signs joined at one end to form a V having an angle not greater
than thirty degrees (30°); and
ii.
all activities, including the storage of materials, equipment and
products, are completely enclosed within a dwelling unit,
accessory residential building or agricultural building except as
outlined below; and
iii.
the home occupation, or all home occupations combined occupy a
maximum total floor area no greater than:
a.
100 square metres (1076 square feet) on parcels less than
or equal to 2.0 ha (4.94 acres); or
b.
175 square metres (1884 square feet) on parcels greater
than 2.0 ha (4.94 acres) in size and less than 4.0 ha (9.88
acres); or
c.
250 square metres (2691 square feet) on parcels equal to
or greater than 4.0 ha (9.88 acres) in size and less than 16
ha (39.54 acres); or
d.
300 square metres (3229 square feet) on parcels equal to
or greater than 16.0 ha (39.54 acres) in size if located
entirely outside of the Agricultural Land Reserve.
The maximum total floor area includes all areas contained in any
dwelling unit, accessory residential building or agricultural
building that are used, or proposed to be used, for home occupation
purposes; and
iv.
the total area outlined in Subsection iii. above may also include
outdoor storage provided that:
a.
the property is greater than 2.0 ha (4.94 acres) in size; and
b.
the area is completely screened from view from adjoining
properties by a solid fence 2 metres (6.56 feet) in height;
and
DIVISION EIGHT - RURAL ZONES
131
L.H.
c.
no storage can be located within a setback area; and
v.
there shall be no restriction on the size of a dwelling unit,
accessory residential building or agricultural building within
which a home occupation or occupations may be carried out
provided that the total floor area used for home occupation
purposes does not exceed the area allowed pursuant to the
provisions of subsection iii. above; and
vi.
there shall be no restriction on the number of accessory residential
buildings and agricultural buildings within which home
occupations may be carried out; and
vii.
only persons residing in the dwelling unit associated with the home
occupation use may be involved in a home occupation plus:
a.
a maximum of two (2) non-resident employees on
properties less than or equal to 2.0 ha (4.94 acres); or
b.
a maximum of three (3) non-resident employees on
properties greater than 2.0 ha. (4.94 acres) and less than
4.0 ha (9.88 acres); or
c.
a maximum of four (4) non-resident employees on
properties greater than or equal to 4.0 ha (9.88 acres); and
viii.
where the property is located within the Agricultural Land
Reserve, the nature of the home occupation use is not a day care
facility, preschool or other educational facility, group home or
health and other caregiving facility including homes for the
elderly, serving more than eight (8) persons; and
ix.
no noise, vibration, heat glare, fire hazard, litter, odour or electrical
interference is produced which is detectable from outside the
premises, and
x.
no traffic congestion or air pollution by way of smoke or dust is
produced; and
xi.
two (2) off-street parking spaces shall be provided in addition to
spaces required for dwelling units in accordance with Schedule 'B'
of this Bylaw, plus one (1) off-street parking space for each non-
resident employee.
c.
A secondary single family dwelling (or manufactured home) ancillary to
an existing principal single family dwelling shall not be permitted on a lot
less than 8 ha (19.77 acres) 2 ha. (4.94 acres) in size except that a
DIVISION EIGHT - RURAL ZONES
132
L.H.
secondary single family dwelling (or manufactured home) ancillary to an
existing principal single family dwelling shall be permitted on a lot less
than 8 ha (19.77 acres) 2 ha. (4.94 acres) in size if that lot has been reduced
below 8 ha (19.77 acres) 2 ha. (4.94 acres) as a result of, and only as a
result of, subsequent road dedication. The manufactured home must be
certified by the Canadian Standards Association to conform with the
CSA Standard Z240.
(Bylaw 1811, 2011)
Building permits for secondary single family dwellings (or manufactured
homes) shall not be issued by the Spallumcheen Building Inspector
unless a covenant is first registered on the title of the subject property to
prohibit further subdivision of the property pursuant to the provisions of
the Land Title Act or the Strata Property Act.
(Bylaw 2099, 2023)
d.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within a
building; and
ii.
the secondary suite shall not exceed the lesser of forty percent
(40%) of the floor area of the building which contains the single
family dwelling unit or 90 square metres (968.78 square feet); and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
the single family dwelling unit or the secondary suite shall be
occupied by at least one (1) of the persons designated on the records
of the Kamloops Land Title Office as the registered owner of the lot
and dwelling unit; and
v.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
vi.
two off-street parking spaces shall be provided for each secondary
suite.
d.
Secondary suites are permitted provided that:
i.
not more than one (1) secondary suite shall be contained within
a building; and
ii.
the secondary suite shall not exceed the lesser of forty percent
(40%) of the floor area of the building which contains the single
DIVISION EIGHT - RURAL ZONES
133
L.H.
family dwelling unit or 90 square metres (968.78 square feet);
and
iii.
the secondary suite shall have at least one (1) access to the outside
of the building that is separate from that of the single family
dwelling; and
iv.
buildings containing secondary suites shall not be subdivided
pursuant to the provisions of the Strata Property Act; and
v.
one off-street parking space shall be provided for the secondary
suite.
(Bylaw 2135, 2024)
Secondary suites shall not be permitted in cellars.
e.
Detached suites are permitted provided that:
i.
the detached suite must be located entirely on one floor and on
a floor above the main floor of an accessory residential or
agricultural building;
ii.
the main floor of the building which contains a detached suite
must only be used for accessory residential or agricultural
purposes;
iii.
the detached suite must have access to the outside that is
separate from the access to the main floor of the accessory
residential or agricultural building;
iv.
no more than one (1) detached suite shall be permitted within
an accessory residential or agricultural building;
v.
no more than one (1) detached suite shall be permitted per lot;
vi.
the detached suite shall not be permitted on lots containing a
secondary single family dwelling;
vii.
the detached suite shall not be permitted on lots that are smaller
than 2 ha;
viii.
the maximum floor area of a detached suite shall not exceed 90
m2 (968 square feet);
(Bylaw 2135, 2024)
ix.
one (1) off-street parking space must be provided for each
detached suite. The parking space may not be provided in
tandem with any other parking space required by this Bylaw;
x.
the detached suite must be located on a property which is a
single real estate entity and which shall not be strata titled;
xi.
for properties within the Agricultural Land Reserve, the
detached suite may only be located on a lot that is classified as
"farm" under the BC Assessment Act and the detached suite
must comply with all Agricultural Land Commission
regulations.
(Bylaw 1938, 2017)
DIVISION EIGHT - RURAL ZONES
134
L.H.
f.
Insofar as residential buildings are concerned, where a lot of less than 0.5
ha (1.235 acres) was existing at the effective date of this Bylaw, the
provisions of Section 701.9. of this Bylaw shall apply.
(Bylaw 2135, 2024)
g.
The unenclosed storage of more than two (2) unlicenced or dismantled
automobiles is not permitted except that the unenclosed storage of five (5)
unlicenced or dismantled automobiles may be allowed on parcels 8 ha
(19.77 acres) or larger.
h.
Notwithstanding the Large Holding Zone Home Occupation standards
outlined in Section 804.9.b. of this Bylaw, the maximum total floor area
for the existing home occupation for the manufacturing of custom wooden
windows and doors and custom wood working and manufacturing on Lot
A, Section 13, Township 17, Range 10, W6M, KDYD, Plan KAP45482 at
4374 Macdonald Road shall be 510 square metres (5,490 square feet)
within accessory buildings and structures, plus 115 square metres (1,238
square feet) for outside storage; and
as a measure of the density of the use of the land, the home occupation
shall be allowed a maximum of five employees plus two non-
permanent/student training positions; and
notwithstanding the setback standards outlined in Section 804.8 of this
Bylaw, the setback between existing buildings and structures shall be
reduced to 1.5 metres (4.921 feet).
i.
A dog kennel shall not be permitted on lots smaller than 4 ha. (9.884
acres) and a dog kennel shall be subject to the agricultural setback
provisions of Schedule J of this Bylaw.
(Bylaw 2135, 2024)
j.
Notwithstanding the Large Holding (L.H.) zone Home Occupation
standards outlined in Section 804.9.b of this Bylaw, that a home based
business consisting of boat and watercraft repairs, accessorizing and
detailing and boat top upholstery repairs and sewing on the property
legally described as Lot A, Section 35, Township 8, Osoyoos Division
Yale District, Plan KAP78698 located at 8 Greenhow Road is a
permitted use with 137 m2 (1475 ft2) of floor space within a single
detached dwelling and 163 m2 (1750 ft2) of floor space within an
accessory building.
(Dan and Brenda Dyck)
(Bylaw 1728, 2008)
DIVISION NINE - SPECIAL USE ZONES
135
S.1
DIVISION NINE - SPECIAL USE
901
SPECIAL USE (HERITAGE) ZONE (S.1)
1.
Permitted Uses of Land, Buildings and Structures:
Subject to the provisions of Divisions Three and Four of this Bylaw, the following
uses and no others shall be permitted in the Special Use (Heritage) Zone (S.1):
a.
Heritage attractions which feature the display of historic buildings
b.
The static or motive display of antique vehicles and antique machinery
customarily associated with and ancillary to the principal and permitted
use identified in Section 901.1.a. above subject to the provisions of Section
901.3.c. of this Bylaw
c.
Craft shops, retail sales, restaurants and food sales, displays, and
entertainment customarily associated with and ancillary to the principle
and permitted use identified in Section 901.1.a. above
d.
Agriculture
e.
Two (2) dwelling units for the operator/manager or other employee of the
principal and permitted use one of which dwelling unit may be a
manufactured home. The secondary dwelling unit must be at least fifty
percent (50%) farm-related
f.
Retail sales and repair of antique pianos and furniture
g.
Wineries and cideries subject to the provisions of Section 901.3.d. of this
bylaw
h.
Agri-tourism Accommodation
(Bylaw 2059, 2022)
2.
Setbacks: [Subject to the special building line setback provisions of Section 407
of this Bylaw]
a.
Front, Side, and Rear Yards:
Front, side, and rear yards free of all buildings and structures shall be
provided with a depth of not less than 4.5 metres (14.76 feet).
b.
Other Buildings:
Buildings shall not be sited within 3 metres (9.842 feet) of any other building.
c.
Water Bodies:
Setbacks from water bodies and the natural boundary of any natural watercourse or
source of water shall be in accordance with Section 408 and Schedule H of
this Bylaw.
DIVISION NINE - SPECIAL USE ZONES
136
S.1
3.
Other Requirements:
a.
The dwelling unit permitted by Section 901.1.e. of this Bylaw shall be
contained wholly within a building permitted pursuant to Section 901.1.a.
of this Bylaw.
b.
All craft shops, retail sales, and food sales shall be contained wholly
within a building permitted pursuant to Section 901.1.a. of this Bylaw.
c.
The noise levels resulting from the static or motive display of antique
vehicles and antique machinery customarily associated with and ancillary
to the principal and permitted use that is to be carried out on lands located
within this zone shall not exceed that which would occur in the carrying
out of normal historic, motive activities.
Notwithstanding the restrictions cited herein, Council may authorize the
holding of a "Special Event" within this zone involving the racing of
antique vehicles or machinery and/or the operation of antique vehicles or
machinery at noise levels exceeding that which would ordinarily occur in
the carrying out of normal, historic, motive activities subject to the
provisions of the Township of Spallumcheen Special Events Bylaw in force
from time to time.
d.
Wineries and cideries are permitted provided that:
i.
The winery or cidery is eligible for licensing as a winery or cidery
under the terms established by the BC Liquor Control and
Licensing Branch as amended from time to time; and
ii.
At least 50% of the production of wine or cider comes from grapes,
cider apples or other fruit grown on the winery or cidery farm.
Grapes, cider apples or other fruit which are grown in British
Columbia and are acquired by a winery or cidery through a long-
term contract of no less than three (3) years may be included as
part of the on-farm 50% production, provided that a minimum size
vineyard or orchard of 2.0 hectares (4.94 acres) is maintained by
the winery or cidery farm.
iii.
Aside from the wine or cider, the sale of any other farm products,
processed farm products and off-farm products must not exceed
the limits prescribed in Section 803.9.a. of this Bylaw.
iv.
Off-street parking shall be provided for wineries and cideries at a
rate of 4.4 spaces per 100 square metres (1076 square feet) gross
floor area used for wine tasting and wine sales. The off-street
parking area and access thereto shall be constructed meeting the
standards cited in Section 1101.2. of this Bylaw applicable to
Rural zones.
DIVISION NINE - SPECIAL USE ZONES
137
S.1
v.
Buildings used for winery or cidery use shall not be sited closer
than 7.5 metres (24.61 feet) to any lot line.
vi.
Signs shall conform with the provisions of Section 803.9.a.vii. of
this Bylaw.
vii.
Wineries and cideries shall not be permitted to be carried out
unless the owner of such business or undertaking has obtained a
licence for the carrying on of such business or undertaking where
such licence is required to be obtained under the provisions of all
applicable Statutes, Bylaws and regulations in force from time to
time.
DIVISION TEN - OFFICIAL ZONING MAPS - SCHEDULE A
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page A1
DIVISION TEN - OFFICIAL ZONING MAPS OF THE TOWNSHIP
OF SPALLUMCHEEN
SCHEDULE A
1001
OFFICIAL ZONING MAPS
1.
Schedule A, the Official Zoning Maps of the Township of Spallumcheen, forms part
of this bylaw and for convenience is contained in a map booklet.
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B1
DIVISION ELEVEN - OFF-STREET PARKING
SCHEDULE B
1101
OFF-STREET PARKING
1.
No land, water, building, or structure shall be used by the owner, occupier, or any
other person for any use unless the off-street parking requirements for that use have
been provided for in accordance with this section of this Bylaw.
2.
Notwithstanding any other provisions of this Bylaw, all spaces provided for
off-street parking, whether public or private, and including trucking yards and
terminals, shall conform to the following requirements:
a.
Size:
All parking spaces shall have a clear length of not less than 6 metres (19.68
feet) and a clear width of not less than 2.8 metres (9.186 feet) and a clear
height of not less than 2.2 metres (7.218 feet), except that twenty-five percent
(25%) of the total number of required parking spaces may be made up of
small car parking spaces having a clear length of not less than 5.2 metres
(17.06 feet), a clear width of not less than 2.3 metres (7.546 feet), and a clear
height of not less than 2.2 metres (7.218 feet). All small car parking areas
shall be identified by a sign indicating "Small Car Parking Only".
b.
Access:
Ingress and egress to and from all parking spaces shall be by means of
unobstructed maneuvering aisles of not less than 6 metres (19.68 feet) for all
angle parking up to sixty degrees (60°) from the maneuvering aisles and not
less than 8 metres (26.25 feet) for right angle parking.
In the case of a single row of parking from any maneuvering aisle, the aisle
shall be 8 metres (26.25 feet) for right angle parking and may be reduced to
4 metres (13.12 feet) for angle parking up to forty-five degrees (45°) from
the maneuvering aisle.
c.
Layout:
Parking spaces must be so designed that vehicles are not required to back out
onto a highway.
d.
Location:
If parking is provided "on site", the parking portion must be consolidated
with the portion of the lot upon which the building is located so that the
whole forms one (1) lot. If the parking is located on a lot not immediately
adjacent to the site containing the building for which the parking is
provided, the owner must enter into a registerable covenant with the
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B2
Township of Spallumcheen restricting the use of the lot to parking in
conjunction with the subject property.
e.
Surface:
i.
Every off-street parking area shall be graded to provide an even
surface.
ii.
Every off-street parking area shall be drained so that no surface
water:
a.
accumulates thereon; or
b.
runs off onto any sidewalk; or
c.
runs off onto any highway if the area is not paved; and
iii.
Every off-street parking area shall be surfaced with asphaltic
concrete or cement pavement, or the off street parking area may be
surfaced with porous pavement, such as porous asphalt, porous
concrete or permeable unit paver systems (the intent of these
systems is to reduce the amount of impervious surface, as well as to
minimize the generation of surface runoff by allowing rainwater to
pass through the pavement structure and infiltrate into the
underlying native soils). In the case of asphaltic concrete, the
minimum thickness is 6 cm (2.362 inches); in the case of cement
pavement, the minimum thickness is 10 cm (3.937 inches)
reinforced. In the case of porous pavement, the owner shall retain a
geotechnical engineer to determine the appropriate porous pavement
structure, including thicknesses.
iv.
As an exception, off street parking does not require surfacing with
asphaltic concrete, cement pavement or porous pavement in the
following areas:
a.
all Rural zones; and
b.
all Residential zones providing the use is single or two
family residential; and
c.
in Commercial zones where the property is vacant,
pending sale or development, and no other use is being
made of the lot; and the other provisions of this section are
being complied with; and curbs are erected to prevent
gravel going onto sidewalks or highways, provided that in
the case of subsections iv.a. to c. above, the surface shall
be:
i.
kept free of weeds; and
ii.
gravelled; and
iii.
treated to suppress dust; and
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B3
iv.
have access to and from highways as approved by
the Township of Spallumcheen and, where
applicable, the Ministry of Transportation.
f.
Curbs:
All parking lots shall be provided with curbs and such curbs are to be
constructed of asphalt, concrete, or treated timber.
g.
Setbacks:
In Commercial zones, for parking located on the same lot as the principal
building, no part of the parking lot shall be located closer than 1.5 metres
(4.921 feet) to any dwelling.
h.
Signs:
All parking lots for more than ten (10) vehicles, other than for gasoline
service stations, shall have directional signs so as to provide traffic control.
i.
Lighting:
Any lighting used to illuminate any parking area or parking garage shall be
so arranged that all direct rays of light are reflected upon such parking area
or parking garage, and not on any adjoining premises.
j.
Mixed Occupancy:
In the case of mixed uses, the total requirements for the off-street parking
facilities shall be the sum of the requirements for the various uses computed
separately.
k.
Oil/water Separators
Oil/water separators shall be provided for in all off-street parking areas in
the Light Industrial (I.1), General Industrial (I.2), Agricultural Industrial
(I.4), Soil Removal and Processing (I.5), and Forest Product Industrial
(I.6) zones.
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B4
3.
Schedule of Parking Requirements:
Uses
Minimum Number of Parking
Spaces Required
Animal hospital/kennels
1 per 2 employees and 3 per veterinarian
Auction (indoor)
1 per 10 square metres (107.6 square feet)
auction floor
Auto sales and repair
1 per 70 square metres (753.5 square feet) sales
floor and 1 per service bay and 1 per 2
employees
Bank
1 per 20 square metres (215.3 square feet) gross
floor area
Beach, swimming
1 per 8 square metres (86.11 square feet)
developed beach above highwater mark
Billiard Hall
2 per table
Boat and recreation vehicle
sales and repairs
1 per 2 employees and 1 per 90 square metres
(968.8 square feet) display area (covered and
outside)
Bowling alley
3 per alley
Building materials supply
1 per 2 employees and 1 per 180 square metres
(1937.57 square feet) covered sales and storage
Bus depot
1 per 20 square metres (215.3 square feet)
waiting room and 1 per 2 employees counted as
a total of 2 shifts
Campground/overnight trailers
1 per space plus 2
Car wash
1 per 2 employees plus 4 off-street storage
spaces
Church
0.49 per attendee
Church Hall/Community Hall
1 per 7 square metres (75.35 square feet) gross
floor area
Clubs, lodges
1 per 4 seats
College
1 per employee and 1 per 5 students
Commercial, except as specified
elsewhere in this Section
4.4 per 100 square metres (1076 square feet)
gross leaseable area
Commercial, except as specified
elsewhere in this Section
1 per 45 square metres (484 square feet)
gross leaseable area (Bylaw 2135, 2024)
Contractors yard, including public utility
structures
1 per 2 employees
Convalescent, nursing, and personal care
home
1 per 3 beds
Convenience store
1 per 15 square metres of floor area
Cultural facility (art gallery, etc.)
1 per 40 square metres (430.6 square feet) gross
floor area
Dance, music, and photo studio
1 per 30 square metres (322.9 square feet) gross
floor area plus 1 per 2 employees
Funeral parlour
1 per 4 seats in chapel
Gas station
1 per 2 employees on duty and 2 per service bay
(Bylaw 2135, 2024)
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B5
Uses
Minimum Number of Parking
Spaces Required
Golf course
75 stalls per nine (9) holes (Bylaw 2135, 2024)
Golf course
54 stalls per nine (9) holes (Bylaw 2135, 2024)
Golf driving range
1 per tee plus 1 per 2 employees
Health salon
1 per 10 square metres (107.6 square feet) gross
floor area
Hospital
1.8 per bed
Hotel, convention
0.8 per room
Hotel, non-convention
0.57 per room
Ice cream stand
7 per sales Clerk (Bylaw 2135, 2024)
Industrial except as specified elsewhere
In this Section
1.5 per 100 square metres (1076 square feet)
gross floor area
Laboratory
1 per 2 employees
Laundromat
1 per 3 washing machines
Laundry/dry cleaning
1 per 2 employees counted as total of 2 shifts
Machinery sales
1 per 2 employees and 1 per 90 square metres
(968.7 square feet) sales floor
Marina
1 per 2 boat spaces and 1 per 2 employees
Manufactured home sales and service
1 per 2 employees plus 1 per 450 square metres
(4,844 square feet) of display yard
Medical marihuana Cannabis
production facility
(Bylaw 1961, 2018)
1.5 per 100 square metres (1076 square feet)
gross floor area (Bylaw 1855, 2013)
Motel, with restaurant/lounge
0.7 per room
Motel, without restaurant/lounge
0.54 per room
Neighbourhood pub
1 per 3 seats
Nurseries/greenhouses
1 per 15 square metres (161.5 square feet) gross
floor area retail sales building
Offices
2.8 per 100 square metres (1076 square feet)
gross floor area
Printing establishments
1 per 2 employees plus 1.5 per printing press
Prison
1 per 2 employees counted as total of 2 shifts
Police office
1 per 2 employees counted as total of 2 shifts
Pool, swimming
1 per 4 square metres (43.06 square feet) pool
water surface
Post office
1 per 2 employees counted as total of 2 shifts
and 1 per 300 postal boxes
Recreation centre
1 per 10 square metres (107.6 square feet) ice
area and 1 per 4 square metres (43.06 square
feet) pool surface and 1 per 4 player capacity
other sports
Residential, condominiums and
townhouses
1.2 per dwelling unit
Residential, apartments
1.3 per dwelling unit
Residential, 1 - 4 households
2 per dwelling unit
Restaurant
1 per 20 square metres (215 square feet) gross
floor area (Bylaw 2135,
2024)
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B6
Uses
Minimum Number of Parking
Spaces Required
Restaurant, quality
12.7 per 100 square metres (1076 square feet)
gross floor area
Restaurant, family
10.6 per 100 square metres (1076 square feet)
gross floor area
Restaurant, fast food without drive-
through
13.3 per 100 square metres (1076 square feet)
gross floor area
Restaurant, fast food with drive-through 11.0 per 100 square metres (1076 square feet)
gross floor area
Restaurant, fast food with drive-
through
1 per 50 square metres (430 square feet) gross
floor area
Retail Sales (including cannabis retail) 1 per 50 square metres (430 square feet) gross
floor area (Bylaw 2135, 2024)
School, elementary
1 per employee
School, secondary
1 per employee plus 1 per 10 students
Ski resort - accommodation
1 per 2 sleeping rooms including living rooms
Stadium
1 per 3 seats
Taxi stand
1 per taxi plus 1 per office employee
(Bylaw 2135, 2024)
Television and radio studios
1 per 2 employees counted as total of 2 shifts
Theatre, drive-in
1 per 2 employees
Theatre, not drive-in
1 per 4 seats
Tire repair
1 per 2 employees plus 1 per bay
Tourist attraction
1 per 4 persons capacity, of which ten percent
(10%) of the total required parking shall be
designed for recreation vehicle parking in
accordance with the provisions of Section
1001.6. 1101.6 of this Bylaw
(Bylaw 2003, 2020)
Vegetable/produce stand
4 per sales Clerk
(Bylaw 2135, 2024)
Warehouse
1 per 2 employees counted as total of 2 shifts
Note:
The figures include allowance for employees, customers, and visitors, but do
not include any allowance for other company vehicles or for loading
facilities.
All developments that require the approval of the Ministry of Transportation
for rezoning, access or development permits must comply with the parking
standards as set out by the Ministry.
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B7
4.
Parking Requirements for Unspecified Uses:
Where in any zone, uses similar to the specified permitted uses are allowed, the
minimum number of parking spaces required under 1101.3. above for any such
unspecified use shall be the minimum number of parking spaces required for the
specified permitted use to which the unspecified permitted use is most similar.
5.
Units of Measurement:
a.
Where gross floor area is used as a unit of measurement for the calculation
of required parking spaces, it shall include the floor area of accessory
buildings and basements, except where they are used for parking, heating,
or storage.
b.
Where the number of employees is used as a unit of measurement, it shall
mean the greatest number of persons at work, at any time of the day or night
in a particular building or for a particular use during any season of the year,
or, where applicable, it shall mean the number of employees counted as the
total of two (2) shifts, whichever is greater.
c.
Where seating accommodation is used as a unit of measurement, and such
accommodation consists of benches, pews, booths, and the like, each 0.5
metres (1.640 feet) of width of such seating accommodation shall be
counted as one seat.
d.
When the calculation of parking requirements results in a fractional
parking space, one parking space shall be provided to meet this fractional
requirement.
6.
Recreational Vehicle Parking:
Notwithstanding the other provisions of this Bylaw, the following shall apply to
recreational vehicle parking areas:
a.
each recreational vehicle space shall have a clear length of not less than 12
metres (39.37 feet), a clear width of not less than 4 metres (13.12 feet), and
a clear height of not less than 4 metres (13.12 feet); and
b.
all recreational vehicle parking areas shall provide unobstructed vehicle
maneuvering aisles of not less than 12 metres (39.37 feet) in width; and
c.
all recreational vehicle parking areas shall provide a sign indicating
"Recreational Vehicle Parking"; and
d.
all recreational vehicle parking shall be included in the calculations for the
total required parking.
DIVISION ELEVEN - OFF-STREET PARKING - SCHEDULE B
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page B8
7.
Handicapped Parking:
Handicapped parking shall be provided as per Part 3.7 of the B. C. Building Code.
8.
Existing Buildings, Structures, and Uses:
Notwithstanding any other provisions of this Bylaw, the regulations contained in
this Section shall not apply to buildings, structures, or uses existing on the effective
date of this Bylaw, except that:
a.
off-street parking shall be provided and maintained in accordance with this
Section where there is a change in the principal use, or where the total floor
area is increased in excess of ten percent (10%) over the existing floor area;
and
b.
off-street parking existing on the effective date of this Bylaw shall not be
reduced below the applicable off-street parking requirements of this
Section.
9.
Voluntary Establishment of Parking Facilities:
Where off-street parking facilities are provided when not required, the location,
design, and operation of such facilities shall comply with the regulations of this
Section.
10.
Use of Parking:
Required off-street parking spaces shall not be used for off-street loading,
driveways, commercial repair work, display, sale, or storage of goods of any kind.
Schedule B to accompany the "Township of Spallumcheen Zoning Bylaw No. 1700, 2008".
I hereby certify this to be a true and correct copy of Schedule B attached to and forming part of the
"Township of Spallumcheen Zoning Bylaw No. 1700, 2008".
CORPORATE OFFICER
DIVISION TWELVE - OFF-STREET LOADING - SCHEDULE C
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page C1
DIVISION TWELVE - OFF-STREET LOADING
SCHEDULE C
1201
OFF-STREET LOADING
No land, water, building, or structure shall be used by the owner, occupier, or any other
person for any use unless the off-street loading requirements for that use have been provided
in accordance with this section; provisions shall be made for off-street loading on the same
site as the principal building or use.
1.
Existing Buildings, Structures, and Uses:
The regulations contained in this Schedule shall not apply to buildings, structures,
or uses existing on the effective date of this Bylaw, except that:
a.
off-street loading shall be provided and maintained in accordance with this
Schedule where there is a change in the principal use or where the total floor
area is increased in excess of ten percent (10%) over the existing floor area;
and
b.
off-street loading existing on the effective date of this Bylaw shall not be
reduced below the applicable off-street loading requirement of this
Schedule.
2.
Unit of Measurement:
When calculating off-street loading requirements, the gross floor area shall include
the floor area of accessory buildings or basements, except where they are used for
parking or heating.
3.
Mixed Occupancies:
In the case of mixed uses the total requirements for off-street loading facilities shall
be the sum of the requirements for the various uses computed separately.
4.
Required Off-Street Loading Spaces:
a.
On every site used as a retail store, business, industry, warehouse, or other
similar use, the minimum number of spaces shall be as follows:
Total Gross Floor Area of Building(s)
Spaces Required
i.
less than 450 square metres (4,844 square feet)
1
ii.
450 square metres (4,844 square feet) to
2,300 square metres (24,756 square feet)
2
DIVISION TWELVE - OFF-STREET LOADING - SCHEDULE C
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page C2
Total Gross Floor Area of Building(s)
Spaces
Required
iii.
2,300 square metres (24,756 square feet) to
4,600 square metres (49,514 square feet)
3
iv.
each additional 4,600 square metres (49,514
square feet) or each fraction
thereof in excess of 2,300 square metres
(24,756 square feet)
1 additional
a.
On every site used as a retail store, business, industry, warehouse, or other
similar use, the minimum number of spaces shall be as follows:
Total Gross Floor Area of Building(s)
Spaces Required
i.
less than 450 square metres
(4,844 square feet)
1
ii.
450 square metres (4,844 square feet) to
2,299 square metres (24,756 square feet)
2
iii.
2,300 square metres (24,756 square feet) to
4,599 square metres (49,514 square feet)
3
iv.
over 4,600 square metres (49,514 square feet:)
for every additional 2,300 square metres
(24,756 square feet), or each fraction thereof 1 additional space
b.
On every site used as an office building, place of public assembly, hospital,
institution, hotel, club or lodge, auditorium, utility, school, or other similar
use, the minimum number of spaces shall be as follows:
Total Gross Floor Area of Building(s)
Spaces Required
i.
less than 2,700 square metres
(29,062 square feet)
1
ii.
2,700 square metres (29,062 square feet) to
5,500 square metres (59,201 square feet)
2
iii.
each additional 5,500 square metres
(59,201 square feet) or fraction
thereof in excess of 2,700 square metres
(29,062 square feet)
1 additional
DIVISION TWELVE - OFF-STREET LOADING - SCHEDULE C
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page C3
b.
On every site used as an office building, place of public assembly,
hospital, institution, hotel, club or lodge, auditorium, utility, school, or
other similar use, the minimum number of spaces shall be as follows:
Total Gross Floor Area of Building(s)
Spaces Required
i.
less than 2,700 square metres
(29,062 square feet)
1
ii.
2,700 square metres (29,062 square feet) to
5,500 square metres (59,201 square feet)
2
iii.
over 5,500 square metres (59,201 square feet):
for each additional 2,700 square metres
(29,062 square feet), or fraction thereof 1 additional space
(Bylaw 2135, 2024)
5.
Location and Siting of Loading Facilities:
Off-street loading spaces and facilities shall be located on the same lot as the use
served, but not within the required front yard, nor closer than 15.5 metres (50.85
feet) to the nearest point of intersection of any two (2) road allowances.
6.
Development and Maintenance Standards:
a.
The location of all points of ingress and egress to a loading area shall be
subject to the approval of the Public Works Manager of the Township of
Spallumcheen.
b.
All off-street loading and unloading spaces shall be of adequate size and
with adequate access thereto to accommodate the types of vehicles which
will be loading and unloading, but in no case shall be insufficient to
accommodate a vehicle 9 metres (29.53 feet) in length, 2.4 metres (7.874
feet) in width, and 3.7 metres (12.14 feet) in height.
c.
All loading areas shall be provided with adequate curbs in order to retain
all vehicles within such permitted loading areas and to ensure that
required fences, walls, hedges, or landscaped areas, as well as any
buildings, will be protected from parked vehicles.
d.
Each loading space shall be surfaced with an asphalt, concrete, or similar
pavement so as to provide a durable, dust-free surface and shall be so graded
and drained so as to properly dispose of all surface water.
DIVISION TWELVE - OFF-STREET LOADING - SCHEDULE C
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page C4
e.
Any lighting used to illuminate any loading area shall be so arranged that
all direct rays of light are reflected upon the loading area and not on any
adjoining premises.
Schedule C to accompany the "Township of Spallumcheen Zoning Bylaw No. 1700, 2008".
I hereby certify this to be a true and correct copy of Schedule C attached to and forming part of the
"Township of Spallumcheen Zoning Bylaw No. 1700, 2008".
CORPORATE OFFICER
DIVISION THIRTEEN - LOT FRONTAGE, AREA, SETBACK, DESIGN - SCHEDULE D
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page D1
DIVISION THIRTEEN - LOT FRONTAGE, AREA, SETBACK, AND
DESIGN REQUIREMENTS
SCHEDULE D
1301
LOT FRONTAGE, AREA, SETBACK, AND DESIGN REQUIREMENTS
1.
Lot Frontage:
a.
Where served by a community water system and community sewer system,
each lot shall have a road frontage of not less than 18 metres (59.06 feet)
for single family dwellings in the Residential Single Family Zone (R.1).
b.
Where served by a community water system and septic tank, each lot shall
have a road frontage of not less than 20 metres (65.62 feet) for single
family dwellings in the Residential Single Family Zone (R.1) except that
the minimum frontage required shall be increased by 1 metres (3.281 feet)
for each one percent (1%) of average natural slope or fraction thereof in
excess of ten percent (10%) average natural slope.
c.
Where not served by a community water system or community sewer
system, each lot for single family dwellings in the Residential Single
Family Zone (R.1) shall have a road frontage of not less than 40 metres
(131.2 feet).
d.
In addition to the frontage requirements of Section 1201.1.a. and b.
1301.1.a and b. of this Bylaw, all corner lots for single family use shall be
increased in frontage, by not less than 3 metres (9.842 feet).
(Bylaw
2003,
2020)
e.
Notwithstanding the frontage requirements cited elsewhere in this Bylaw,
or in Subsections 1.a., b., c., or d. above:
i.
the frontage of a parcel fronting a highway shall be not less than
one-tenth of the perimeter of the parcel; and
ii.
lot frontages of "pie-shaped" lots or other irregularly shaped or
asymmetrical lots located in residential zones may be reduced to
not less than 12 metres (39.37 feet) in width, provided that the
average lot width throughout a depth of 30 metres (98.42 feet)
measured along a perpendicular line on the centre of the property
on the frontage street complies with the required minimum lot
width.
f.
The Council may, upon application by the owner, exempt the owner from
any frontage requirement of this Bylaw except that the frontage required
for a panhandle lot shall, in no case be less than:
DIVISION THIRTEEN - LOT FRONTAGE, AREA, SETBACK, DESIGN - SCHEDULE D
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page D2
i.
10 metres (32.81 feet) where the panhandle lot cannot be further
subdivided; or
ii.
20 metres (65.62 feet) where the panhandle lot can be further
subdivided into two (2) or more lots.
2.
Lot Area:
a.
Where served by a community water system and community sewer system,
each lot shall have an area of not less than 560 square metres (6,028 square
feet) for single family dwellings in the Residential Single Family Zone
(R.1).
a.
Where served by a community water system and community sewer
system, each lot shall have an area of not less than 350 square metres
(3,767 square feet) for single family dwellings in the Residential Single
Family Zone (R.1).
(Bylaw 2135, 2024)
b.
Where served by a community water system and septic tank, each lot shall
have an area of not less than 1.0 ha. (2.47 acres) for single family dwellings
in the Residential Single Family Zone (R.1).
c.
Where not served by a community water system or community sewer
system, each lot shall have an area of not less than 1.0 ha. (2.47 acres) for
single family dwellings in the Residential Single Family Zone (R.1).
d.
Each lot for service utility shall have an area of not less than 200 square
metres (2153 square feet).
e.
Except for lots for parks and playground use, each lot for civic use and
assembly use shall have an area of not less than 1.0 ha. (2.47 acres) where
served by a community water system and septic tank and not less than 1.0
ha. (2.47 acres) where served by a well and septic tank.
f.
Where a parcel is a panhandle lot, that access strip or panhandle shall not
be calculated as part of the minimum lot area.
g.
Notwithstanding the provisions of this Bylaw, the Approving Officer may
approve a subdivision of lots smaller than required in the Country
Residential Zone (C.R.), and Large Holding Zone (L.H.) provided that:
i.
the number of lots created is not greater than the number of
conventional lots that could have been developed with respect to
road dedication, slope, geology, hydrology, and available services
and in compliance with the minimum lot area requirements of this
Bylaw and the servicing requirements of the Corporation of the
Township of Spallumcheen Subdivision Servicing Bylaw; and
DIVISION THIRTEEN - LOT FRONTAGE, AREA, SETBACK, DESIGN - SCHEDULE D
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page D3
ii.
the minimum lot area is not less than 1 ha (2.471 acres) in the
Country Residential Zone (C.R.); and 15 ha (37.06 acres) in the
Large Holding Zone (L.H.); and
iii.
the maximum lot area is not greater than 1.5 times the minimum lot
area requirement of the applicable zone except that where lots of
the required maximum size cannot be developed because of
excessive slopes or geological limitations, a lot larger than required
hereby shall be permitted provided that a covenant shall be
registered under Section 219 of the Land Title Act to prohibit further
subdivision. Such covenant shall be registered in favour of the
Corporation of the Township of Spallumcheen.
h.
Notwithstanding the provisions of the Bylaw, the Approving Officer may
approve a cluster subdivision consisting of lots smaller than required in
the Small Holding Zone (S.H) provided that:
i.
the cluster subdivision would result in:
a.
the protection of arable farmland; or
b.
the protection of Natural Areas as identified in the
Official Community Plan; or
c.
the protection of significant environmental features,
steep slopes, or recreational features; or
d.
the protection of land for community benefit; and
ii.
the number of lots created shall not exceed 1 25% of the number
of conventional lots that could have been developed if the
subdivision were in compliance with the minimum lot area
required of the zone; and
iii.
the minimum lot area may be reduced to 1 ,000m2 (10,764
square feet ,0.25 acre); and
iv.
the following sewerage system requirements are met:
a.
where the average lot area of all parcels in the proposed
subdivision is reduced to below 1.0 hectare, connection
to the Townships community sewer system is required;
or
b.
where the lot area is reduced below 1.0 hectare for any
lot in the proposed subdivision, the subdivision must
form a strata with a strata operated community sewer
system; and
v.
a Land Title Act Section 219 covenant, in favour of the
Township of Spallumcheen, is registered over any lot greater
DIVISION THIRTEEN - LOT FRONTAGE, AREA, SETBACK, DESIGN - SCHEDULE D
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page D4
than two (2) times the allowable reduced lot area to prohibit
further subdivision; and
vi.
a minimum of 20% of the total gross developable site area (area
less than 30% slope) is amenity contributed to the Township for
Community Benefit; and
vii.
all applicable Federal, Provincial and local regulations must be
met for sewerage disposal.
(Bylaw 2110, 2023)
3.
Setbacks:
A front yard free of buildings and structures shall be provided with a depth of not
less than 8 metres (26.25 feet) for single family dwellings in the Residential Single
Family Zone (R.1) except that for lots served by septic tank and situated on the uphill
side of a road, the depth required shall be increased by 4 metres (13.12 feet) for each
five percent (5%) of average natural slope or fraction thereof in excess of ten percent
(10%) average natural slope.
4.
Design:
a.
Panhandle Lots:
i.
Where a parcel is a panhandle lot capable of further subdivision
into two (2) or more lots, the panhandle shall be adequate with
respect to grade, alignment, etc. to provide a future highway.
ii.
Where a parcel is a panhandle lot that cannot be further
subdivided, the panhandle shall have a continuous width of not
less than 10 metres (32.81 feet) and be suitable for entrance
roadway standards of 4 metres (13.12 feet) width and fifteen
percent (15%) maximum grade.
b.
Building Site:
All lots created within the Small Holding Zone (S.H.), Country Residential
Zone (C.R.) and the Large Holding Zone (L.H.) of this Bylaw shall contain
a contiguous area of land 2,000 square metres (21,528 square feet) or larger
in size to serve as a suitable building site. Such building site shall be less
than thirty percent (30%) natural slope and shall be accessible from a
public highway in accordance with the following private access driveway
design standards:
Commencing at the edge of the finished road surface, private access
driveways shall:
i.
be as close to right angles as practicable to the finished road
surface for a minimum distance of 6 metres (19.68 feet); and
DIVISION THIRTEEN - LOT FRONTAGE, AREA, SETBACK, DESIGN - SCHEDULE D
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page D5
ii.
have a minimum width of 5.5 metres (18.04 feet) for the distance
specified in Subsection 4.b.i. above and 4 metres (13.12 feet)
minimum width thereafter; and
iii.
have a maximum slope of five percent (5%) over the distance
specified in Subsection 4.b.i. above and a maximum slope of
fifteen percent (15%) thereafter.
b.
Building Site:
i.
All lots created within the Small Holding Zone (S.H.),
Country Residential Zone (C.R.) and the Large Holding Zone
(L.H.) of this Bylaw shall contain a contiguous area of land
2,000 square metres (21,528 square feet) or larger in size to
serve as a suitable building site; and
ii.
Notwithstanding Section 1301.4.b.i.; lots approved in
accordance with 1301.2.h shall contain a contiguous area of
land 300 square metres (3,229 square feet) or larger in size to
serve as a suitable building site; and
iii.
A suitable building site shall consist of land less than thirty
percent (30%) natural slope and shall be accessible from a
public highway in accordance with the following private
access driveway design standards; and
iv.
Commencing at the edge of the finished road surface, private
access driveways shall meet the Township of Spallumcheen
Subdivision & Development Standards Bylaw as amended
from time to time.
(Bylaw 2110, 2023)
Schedule D to accompany the Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700,
2008.
I hereby certify this to be a true and correct copy of Schedule D attached to and forming part of the
Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008.
CORPORATE OFFICER
DIVISION FOURTEEN - ANIMAL UNITS - SCHEDULE E
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page E1
DIVISION FOURTEEN - TOTAL NUMBER OF ANIMALS MAKING
UP ONE ANIMAL UNIT
SCHEDULE E
1401
ANIMAL UNITS
For the purpose of this Bylaw, on lands located outside the Agricultural Land Reserve, the
total number of animals making up one (1) animal unit shall be:
4
swine (plus weiner pigs), or
1
dairy cow (plus calf), or
1
beef cow (plus calf), or
1
bull, or
2.5
beef feeders to be fed to a maximum weight of 340 kg (749.6 lbs), or
1.67
beef feeders to be fed to a maximum weight of 500 kg (1,102 lbs), or
10
veal calves to be fed to a maximum weight of 140 kg (308.6 lbs), or
1
horse, (mare and foal, or stallion or gelding or donkey or mule or hinny),
4
sheep (plus lambs) or goats (plus kids), or
12
feeder lambs, or
250
laying chicken hens, or
500
broiler chickens, roasters, or pullets, or
100
turkeys to be fed to a weight exceeding 5 kg (11.02 lbs), or
200
turkeys to be fed to a weight of 5 kg (11.02 lbs) or less, or
125
geese or ducks, or
40
rabbits (bucks, or does plus progeny to weaning, or growers), or
80
mink (males, or females plus progeny to weaning, or growers), or
250, 000
bees
For animals not listed, the Provincial Ministry of Agriculture shall be consulted to establish
animal unit equivalencies.
Schedule E to accompany the "Township of Spallumcheen Zoning Bylaw No. 1700, 2008".
I hereby certify this to be a true and correct copy of Schedule E attached to and forming part of the
"Township of Spallumcheen Zoning Bylaw No. 1700, 2008".
CORPORATE OFFICER
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F1
DIVISION FIFTEEN - CAMPGROUND REGULATIONS
SCHEDULE F
1501
CAMPGROUND REGULATIONS
1.
Application:
a.
The provisions of Schedule "F" apply to any campground constructed or
established after the adoption of this Bylaw and to any additional
construction on an existing campground and to any alteration to the layout
of an existing campground.
b.
Where the construction or layout of an existing campground does not
conform to the provisions of this Bylaw, no person may carry out
additional construction or make an alteration to the layout of the
campground if the effect of such construction or alteration is likely to
aggravate the non-conformity.
c.
This Bylaw does not apply to campgrounds licenced under the Provincial
Community Care and Assisted Living Act of B.C.
2.
Interpretation:
For the purposes of this Section and unless the context otherwise requires:
APPROVAL means approval in writing.
CAMPING SPACE means an area in a campground used for one (1) trailer or
tent.
DEPENDENT TRAILER means a trailer other than an independent trailer.
INDEPENDENT TRAILER means a trailer equipped with a water-closet and a
place for washing, wastes from both of which may be disposed of directly into a
sewage-disposal system through a drain connection.
MEDICAL HEALTH OFFICER means the Medical Health Officer appointed
under the provincial Health Act for the territorial jurisdiction of the area in which a
campground is located.
OWNER means an owner, agent, lessor, or manager of, or any person who
operates a campground.
SAFE WATER means water which is approved for drinking purposes by the
Medical Health Officer.
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F2
PRIVY means an approved building over an approved sanitary earth pit for the
receiving and disposal by decomposition of human excrement, and includes a
latrine.
ROADWAY means road within a campground part or all of which is made suitable
for normal vehicular use for access to abutting camping spaces and other facilities.
SERVICE BUILDING means a building, other than a privy, housing toilet or
bathing facilities or such other sanitation facilities as are required by this Bylaw.
SEWAGE DISPOSAL STATION means a place where trailer sewage-storage
tanks may be emptied and flushed.
3.
Prohibitions:
a.
No person may construct or lay out a campground or any part of a
campground without being in possession of a valid and subsisting permit
for that purpose issued pursuant to the provisions of this Bylaw.
b.
No person may construct or lay out a campground or part of a campground
in a manner not authorized or in a manner prohibited by the provisions of
this Bylaw.
4.
Administration:
a.
The Clerk or such other officer appointed by the Council shall administer
the provisions of this Section.
b.
The officer appointed under Subsection a. above may enter any
campground at all reasonable times for the purpose of administering or
enforcing the provisions of this Section.
5.
Permit Required:
a.
No person shall construct, alter, extend, or expand a campground until
approval is received and permit is issued by the Clerk.
b.
Approval and the permit shall not be given until a sewage disposal permit
has been issued, water supply system and garbage disposal method has
been approved under the provincial Health Act, Environmental
Management Act, or Water Act.
6.
Application, Approval, and Permit:
a.
All applications for campground approval and permit shall be made in
writing to the Corporate officer and contain:
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F3
i.
the name and address of the applicant; and
ii.
a general description of the location of the land and a full legal
description of the land on which the proposed campground is to be
established, constructed, altered, or extended; and
iii.
two (2) full sets of working drawings to scale showing:
a.
the area, dimensions, and legal description of the parcel(s)
of land; and
b.
the dimensions and location of the buffer area required
under Section 1501.13.a of this Bylaw; and
c.
the number, location, dimensions, and designation of all
camping spaces, and location and dimensions of all
roadways, the owner's residential plot (if any), common
recreation areas, and storage area (if any); and
d.
the location of service buildings, any sewage disposal
station, or any other proposed structures; and
e.
the internal layouts of all ancillary service buildings and
other structures, apart from the owner's residence; and
f.
the location and details of the source of water, treatment
plants, water distribution lines, and outlets; and
g.
the location and details of all connections to the sewer,
sewer lines, septic tank(s) and sub-surface disposal field,
or other private sewage treatment plants and disposal
methods; and
h.
the location of storm drains and catch basins; and
i.
the location and details of all on-site garbage and
refuse-disposal areas; and
j.
a north arrow and notation of the scales used; and
k.
a general landscaping plan for the site; and
l.
all water courses or water frontage within or adjacent to
the proposed campground; and
m.
all steep banks or slopes within or adjacent to the land
concerned; and
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F4
n.
the relationship of the proposed campground to adjacent
roads/highways.
b.
The Clerk may require the applicant to provide additional relevant
information, including but not limited to, topographic and soil condition
data.
7.
Fees:
Each application for a campground permit submitted shall be accompanied by an
application fee of one hundred dollars ($100.00) for the first fifty (50) camping
spaces and two dollars ($2.00) for each additional camping space shown in the
campground plan.
8.
Approval and Permit:
a.
The Clerk shall examine each application for a campground permit and
shall notify the applicant in writing within sixty (60) days either that the
permit is issued or that it is refused.
b.
If a campground permit is refused, the Clerk shall notify the applicant in
writing of the reasons for refusal.
c.
A campground permit shall permit the establishment of a campground on
the land concerned only in compliance with the campground plan approved
and permit issued.
d.
If the holder of the permit does not commence the construction permitted
by the permit within one (1) year of the date of the permit issued, the permit
lapses.
9.
Other Regulations:
a.
Every campground shall comply with:
i.
the plumbing, electrical, and Building Bylaws and regulations in
force; and
ii.
all regulations, made pursuant to the Fire Services Act; and
iii.
all regulations made pursuant to the Forest Act relating to the fire
protection, and other matters.
b.
Nothing in this Bylaw shall relieve owners of a campground from the
responsibility to seek out and comply with all other applicable enactments.
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F5
10.
Building Permit:
Prior to any work or construction in a campground, the applicant shall obtain a
building permit for a building or structure from the Clerk.
11.
Drainage:
No person shall locate or extend a campground except on a site that is well drained
and is at all times free of stagnant pools.
12.
Camping Spaces:
Each camping space within a campground shall:
a.
have a minimum area of 84 square metres (904.2 square feet) and be clearly
identified by a number or similar designation; and
b.
accommodate only one (1) trailer or tent; and
c.
be no closer than 3 metres (9.842 feet) to a roadway; and
d.
be no closer than 7.6 metres (24.93 feet) to the boundary of the
campground; and
e.
have one (1) conveniently located parking space adjacent to the roadway,
which may be within the setback required under Subsection c. above.
13.
Buffer Area:
a.
Campgrounds shall be provided with a landscaped buffer area not less than
8 metres (26.25 feet) wide adjacent to a front lot line and not less than 4.5
metres (14.76 feet) wide adjacent to all other lot lines and within which no
camping space, residential accommodation, parking, garbage disposal
areas, privies, service buildings or recreational areas, except for waterfront
recreation, shall be permitted.
b.
The only roadways permitted in the buffer area are those which cross it as
close to right angles as practicable and connect directly with the roadway
system contained within the remainder of the campground.
14.
Recreation Area:
a.
A campground shall have open space for playground, park, sports, games
and similar recreation areas to serve the campground in the amount of not
less than five percent (5%) of the total area of the campground.
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F6
b.
The recreation areas shall not include buffer areas, parking areas, ancillary
buildings, camping spaces, driveways, and storage areas.
15.
Signs:
An identification sign to a maximum height of 2 metres (6.562 feet) above ground
and to a maximum area of 3 square metres (32.29 square feet) may be located at
the principal entrance to the campground.
16.
Owner's Residence and Office Space:
Within a campground, a dwelling unit including office space, may be provided for
the accommodation of the owner or operator of the campground. The minimum
site area for such facility shall be 550 square metres (5920 square feet).
17.
Retail Facilities:
A retail facility for the purpose of selling groceries, camping supplies, and
souvenirs is permitted to serve the campground provided the maximum floor area
does not exceed as prescribed below:
Number of Camping Spaces
Maximum Retail Floor Area
50 spaces or less
25 m² (269.1 square feet)
51 spaces or more
25 m² (269.1 square feet) plus
0.3 m²/space (3.229 square feet/space) in
excess of 50 up to a maximum of 50 m²
(538.2 square feet)
18.
Access:
a.
At least one (1) highway access shall be provided to a campground
containing eighty (80) or less camping spaces.
b.
A second access from a highway, separated by at least 50 metres (164 feet)
from the first access shall be provided to each campground containing
eighty-one (81) or more camping spaces.
19.
Customer's Parking/Holding Area:
Within 30 metres (98.42 feet) of the campground entrance or office, there shall be
provided customer's parking/holding area in an amount of 18 square metres (193.8
square feet) for each ten (10) camping spaces up to a maximum of 140 square
metres (1,507 square feet).
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F7
20.
Roadways:
a.
Access to and from a campground shall have a minimum roadway width
of 13 metres (42.65 feet) and a minimum hard surfaced or gravelled width
of 6.7 metres (21.98 feet). No parking shall be allowed on the access
roadway.
b.
All camping spaces, owner's or operator's residence, service buildings, as
well as, other facilities where access is required shall have access by an
internal roadway system.
c.
Roadways giving access to and from camping spaces shall have a
minimum roadway width of 6.7 metres (21.98 feet) and a minimum hard
surfaced or gravelled width of 4.3 metres (14.11 feet).
d.
Roadways in a campground shall be well drained, and maintained in such
a manner as to render them free from dust at all times.
e.
Dead end roadways and cul-de-sacs shall have a turning circle at the end
with a radius of at least 12 metres (39.37 feet).
21.
Water Supply:
The owner of a campground shall provide a water supply system to furnish a
constant supply of safe water in compliance with the provincial Health Act.
22.
Sewage Disposal:
a.
The owner of a campground shall provide for the disposal of all wastewater
and human excretion generated within the campground by causing all
sewage and wastewater to be discharged into a community sewer system
or into a private sewage disposal system in compliance with the provincial
Health Act or Environmental Management Act.
b.
The owner shall obtain either a sewage disposal permit from the provincial
Ministry of Health or from the provincial Ministry of Environment,
depending on the amount of discharge generated.
c.
Privies and/or alternative methods of liquid waste disposal may be
permitted in accordance with the "Sewage Disposal Regulations" under the
provincial Health Act if there is an insufficient supply of water to operate
flush toilets.
d.
Where water and sewer systems are available, each camping space intended
for use by an independent trailer shall be provided with at least a 75
millimetres (2.953 inches) sewer connection. The sewer connection shall
be provided with a suitable fitting so that a water tight connection can be
made between the trailer drain and the sewer connection. The connection
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F8
shall be so constructed that it can be closed when not linked to a trailer,
to prevent the escape of odours.
23.
Service Buildings:
a.
Where sewer and water systems are installed, the campground shall be
provided with at least one (1) service building equipped with flush type
fixtures and other sanitary facilities as prescribed below:
Number of
Camping
Spaces*
Toilets
Urinals
Washbasins
Showers
Other
Fixtures
Men
Women
Men
Men
Women
Men
Women
1 - 15
1
1
1
1
1
1
1
1 slop
sink**
16 - 30
1
2
1
2
2
1
1
31 - 45
2
2
1
3
3
1
1
46 - 60
2
3
2
3
3
2
2
61 - 80
3
4
2
4
4
2
2
81 - 100
3
4
2
4
4
3
3
For each campground having more than one hundred (100) camping spaces, there
shall be provided one (1) additional toilet and washbasin for each sex, for each
additional thirty (30) camping spaces; one (1) additional shower for each sex, for
each additional forty (40) camping spaces; and one (1) additional men's urinal for
each additional one hundred (100) camping spaces.
b.
Service buildings shall:
i.
be located at least 4.5 metres (14.76 feet) and not more than 150
metres (492.13 feet) from any camping space; the 150 metres
(492.13feet) distance shall not apply to an independent trailer
camping space; and
ii.
be of permanent construction and adequately lighted; and
iii.
have walls, floors, and partitions that can be easily cleaned and
will not be damaged by frequent hosing, wetting, or disinfecting;
and
*
Camping spaces for tents and dependent trailers only.
**
A conveniently located slop sink(s) for disposal of liquid wastes.
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F9
iv.
have all rooms well ventilated, with all openings effectively
screened; and
v.
provide separate compartments for each bathtub or shower and
toilet and a tight partition to separate those facilities designated for
males and females; and
c.
Laundry Facilities:
i.
Laundry facilities shall be provided in the ratio of one (1) laundry
unit for each thirty (30) camping spaces and shall be in a separate
room of a service building or in a separate building.
ii.
A laundry unit shall consist of not less than one (1) laundry tub
and one (1) clothes washing machine in working order.
iii.
If there are laundry facilities available to the public within 8
kilometres (4.971 miles) of a campground, the requirements under
Subsections i. and ii. above are waived.
24.
Sewage Disposal Station:
a.
Where a campground contains camping spaces for use by trailers, the
owner, shall, except where privies are permitted or sufficient sewer
connections are available in accordance with Section 1501.22.d. of this
Bylaw, provide a trailer sewage disposal station for the purpose of
receiving the contents of trailer sewage storage tank.
b.
Trailer sewage disposal station shall be located in an area apart from any
roadway and out of which a trailer may be easily and conveniently moved.
c.
Trailer sewage disposal stations shall be constructed in accordance with
the design following design:
25.
Privies:
Where privies are permitted, all privy buildings shall be subject to the requirements
of the provincial "Sewage Disposal Regulations" under the provincial Health Act
and shall be so constructed and maintained so that:
a.
flies, insects, rats, or small domestic animals do not have access to the
waste materials; and
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F10
b.
surface or groundwater cannot enter the pit or vault; and
c.
it is no closer to any camping space or building than 15 metres (49.21 feet).
26.
Garbage Disposal:
a.
The owner of a campground shall dispose or arrange for disposal of
garbage or refuse.
b.
The owner of a campground shall:
i.
provide at each camping space a container that is durable, fly tight,
water tight, rodent proof for the disposal of all garbage; and
ii.
maintain the containers so that they shall not become foul
smelling, unsightly, or a breeding place for flies; and
iii.
be responsible for ensuring that no person shall dispose of garbage,
waste, or refuse except in accordance with the arrangements made
for the campground.
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F11
Trailer Sewage Disposal System - Plan View
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F12
VIEW A
VIEW B
DIVISION FIFTEEN - CAMPGROUND REGULATIONS - SCHEDULE F
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page F13
Schedule F to accompany the Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700,
2008.
I hereby certify this to be a true and correct copy of Schedule F attached to and forming part of the
Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008.
CORPORATE OFFICER
DIVISION SIXTEEN - SIGNAGE PROVISIONS - SCHEDULE G
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page G1
DIVISION SIXTEEN - SIGNAGE PROVISIONS
SCHEDULE G
1601
SIGNAGE PROVISIONS:
1.
Interpretation:
For the purposes of this Section and unless the context otherwise requires:
a.
ANIMATED SIGN means a sign that includes sound, action, or motion.
b.
BILLBOARD means a sign of a permanent or semi-permanent nature
intended for the display thereon of advertising messages which can be
readily changed or altered.
c.
COPY means the wording on a sign surface.
d.
COPY AREA means the area(s) of the smallest geometric figure(s) that
would enclose the copy of a sign.
e.
DIRECTIONAL SIGN means a sign intended solely to give direction to
an "Entrance", "Exit", "Handicapped Access", etc. that is located on the
same lot as the sign itself.
f.
FLASHING SIGN means a sign which is partially or wholly illuminated
by an intermittent light source and specifically excludes public service
signs displaying time, temperature, etc.
g.
FREE STANDING SIGN means a sign that is supported independent of
a building.
h.
HEIGHT OF SIGN means the greatest vertical distance from the average
finished ground elevation at the base of the sign to the highest point on the
sign.
i.
HOME OCCUPATION SIGN means a sign that advertises a home
occupation as defined elsewhere in this Bylaw.
j.
ILLUMINATED SIGN means a sign that emanates or reflects artificial
light.
k.
OFF PREMISE SIGN means a sign which advertises or directs attention
to a product, service, place, activity, person, institution, or business not
sited on the same lot.
l.
POLITICAL SIGN means a sign promoting a political candidate, party,
or issue.
DIVISION SIXTEEN - SIGNAGE PROVISIONS - SCHEDULE G
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page G2
m.
PORTABLE/TEMPORARY SIGN means a sign not permanently
attached to the ground, building, or structure and includes banners,
pennants, flags, vehicles, search lights, balloons, and other similar devices.
n.
REAL ESTATE SIGN means a temporary sign pertaining to the sale,
lease, or rental of real estate.
o.
ROOF SIGN means a sign erected upon or above the roof of a building or
structure.
p.
SEASONAL OR HOLIDAY SIGN means a sign or decoration installed
temporarily for the celebration of a religious, civic, or other holiday and
which does not contain any advertising.
q.
SIGN means an identification, description, illustration, contrivance, or
device visible from a public place that is intended to direct attention to a
product, service, place, activity, person, institution, business, or
solicitation.
r.
SIGN AREA means the area of the sign(s) within a perimeter that forms
the outside shape including any frame that forms an integral part of the
display.
s.
WALL AREA means the area of all external, vertical wall surfaces,
fascias, and trim bands making up any single face of a building facing a
public road.
t.
WALL SIGN means a sign that is painted on or incorporated into a
building's awning, canopy, wall, fascia, or trim band surface.
2.
Permit Application and Fees:
a.
Permit Application:
With the exception of flag poles, signs that are painted on the side of a
building, and those signs identified in Section 1601.3.a.ii. of this Bylaw, a
Building Permit for a sign structure shall be obtained from the Building
Inspector for the Township of Spallumcheen.
Application for a permit shall be made to the Chief Building Inspector, in
approved form, as cited in the Building Bylaw of the Township of
Spallumcheen, in force from time to time.
DIVISION SIXTEEN - SIGNAGE PROVISIONS - SCHEDULE G
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page G3
b.
Fees:
At the time of application for a sign permit, the applicant shall pay the fees
required to be paid by the Building Bylaw of the Township of
Spallumcheen, in force from time to time.
3.
General Regulations:
a.
Permitted Signs:
i.
Subject to the provisions of this Bylaw, signs shall be permitted to
be located on a parcel of land only if they advertise a product,
service, place, activity, person, institution, or business located on
the same parcel.
ii.
Notwithstanding the provisions of Subsection 3.a.i. above and
subject to the regulations contained elsewhere in this Bylaw, the
following signs shall be permitted to be located on any parcel of
land:
- construction signs
- directional signs
- government signs
- "neighbourhood watch" signs
- political signs
- real estate signs
- seasonal and holiday signs
b.
Prohibited Signs:
Notwithstanding the provisions of Subsection 3.a. above, the location of
the following signs on any parcel of land is expressly prohibited:
- animated signs
- billboards
- flashing signs
- off premise signs
- portable/temporary signs
- roof signs
c.
Sign Area:
The sign area shall be not greater than:
i.
0.2 square metres (2.153 square feet) for directional signs; or
DIVISION SIXTEEN - SIGNAGE PROVISIONS - SCHEDULE G
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page G4
ii.
1.0 square metres (10.76 square feet) for real estate and political
signs located in a Residential zone; or
iii.
3.0 square metres (32.29 square feet) for real estate and political
signs located in other than a Residential zone; or
iv.
that prescribed elsewhere in this Bylaw for home occupations.
d.
Number of Signs:
There shall be no more than one (1) home occupation, real estate, or political
sign located on a parcel of land.
e.
Illumination:
Home occupation, real estate, and political signs shall not be illuminated.
f.
Setbacks:
i.
The setback of free standing signs from all property lines shall be
not less than 1 metres (3.281 feet).
ii.
Notwithstanding the setback requirements of Subsection 3.f.i.
above, no sign shall be permitted to be located within a distance of
6 metres (19.68 feet) from:
a.
a lot corner adjacent to the intersection of two public
highways; and
b.
a lot corner adjacent to a public highway and common to
two lots.
g.
Maintenance:
All signs shall be properly maintained and any sign located on a property
which becomes vacant and unoccupied for a period of six (6) months, and
any sign which pertains to a time, event, or purpose which no longer
applies, shall be deemed to have been abandoned, and shall be removed by
the owner of the land within thirty (30) days of receipt of written
notification by the Clerk of the Corporation of the Township of
Spallumcheen.
DIVISION SIXTEEN - SIGNAGE PROVISIONS - SCHEDULE G
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page G5
4.
Specific Regulations - Assembly and Hospital, Commercial and Industrial Zones:
a.
Sign Area:
The maximum sign area shall be not greater than:
i.
the square root of (the total wall area x 10) - for wall signs; or
ii.
the square root of (the total wall area x 2) - for free standing signs;
or
iii.
1.5 square metres (16.15 square feet) for free standing signs for
assembly and hospital use
Double sided free standing signs need only consider one face in
determining the maximum sign area and such signs may include two (2)
signs joined at one end to form a V having an angle not greater than thirty
degrees (30°);
b.
Copy Area:
The maximum copy area shall be not greater than forty-five percent (45%)
of the sign area.
c.
Height of Signs:
The height of free standing signs shall not exceed 6 metres (19.68 feet)
except that the height of free standing signs for assembly and hospital use
shall not exceed 2metres (6.562 feet).
d.
Illumination:
Internal and external illumination of signs shall be permitted provided that
the light source does not cause undue glare to adjacent properties or persons
travelling on adjacent public highways.
e.
Landscaping:
Free standing signs shall be placed in and co-ordinated with the landscaped
areas of the parcel.
f.
Number of Signs:
i.
The maximum number of free standing signs permitted on a parcel
of land zoned assembly and hospital, commercial or industrial
shall be one (1) except that one (1) additional free standing sign
may be permitted for lot frontages exceeding 100 metres (328.1
feet).
DIVISION SIXTEEN - SIGNAGE PROVISIONS - SCHEDULE G
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page G6
ii.
The number of wall signs shall not be restricted.
Schedule G to accompany the Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700,
2008.
I hereby certify this to be a true and correct copy of Schedule G attached to and forming part of the
Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008.
CORPORATE OFFICER
DIVISION SEVENTEEN - SETBACKS FROM WATERBODIES - SCHEDULE H
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page H1
DIVISION SEVENTEEN - SETBACKS FROM WATERBODIES
SCHEDULE H
1701
SETBACKS FROM WATERBODIES
1.
Interpretation:
For the purposes of this section the following definitions shall apply:
"Natural Boundary" - means the visible high-water mark of any lake, river,
stream, or other body of water where the presence and action of the water are so
common and usual, and so long continued in all ordinary years, as to mark upon
the soil of the bed of the lake, river, stream, or other body of water, a character
distinct from that of the banks thereof, in respect to vegetation, as well as in
respect to the nature of the soil itself.
"Watercourse" - is any natural or man-made depression with well-defined banks
and a bed of 0.6metres (1.968 feet) or more below the surrounding land serving
to give direction to a current of water at least six (6) months of the year or having
a drainage area of 2.590 square kilometres (one square mile) or more or as
required by a designated Water Management Branch Official of the Province of
British Columbia.
2.
Specifications
a.
Notwithstanding any other provisions of this bylaw, no building shall be
constructed, nor mobile unit located:
i.
within 15.5 metres (50.85 feet) from the natural boundary of a
lake; or
ii.
within 30.5 metres (100.1 feet) from the natural boundary of any
other natural watercourse or source of water supply, excluding
wells; or
iii.
with the underside of the floor system of any area used for
habitation, business, or storage of goods damageable by
floodwaters, or in the case of a mobile unit, the ground level on
which it is located, lower than 0.6 metres (1.968 feet) above the
two hundred (200) year flood level where it can be determined;
or if not, less than 3 metres (9.842 feet) above the natural
boundary of a lake and any other watercourse.
b.
Notwithstanding the provisions of Section 2.a. above principle farm
buildings, structures and areas and accessory farm buildings, structures and
areas shall be provided with setbacks in accordance with the provisions of
Schedule J of this bylaw.
DIVISION SEVENTEEN - SETBACKS FROM WATERBODIES - SCHEDULE H
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page H2
c.
Where landfill is used to achieve the elevation requirement is subsection
a. iii. above, no portion of the fill slope shall be closer than the distances
required in subsections a.i. and ii. above from the natural boundary, and
the face of the fill slope must be adequately protected against erosion
from floodwaters.
Schedule H to accompany the Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700,
2008.
I hereby certify this to be a true and correct copy of Schedule H attached to and forming part of the
Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008.
CORPORATE OFFICER
DIVISION EIGHTEEN - SCREENING AND LANDSCAPING - SCHEDULE I
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page I1
DIVISION EIGHTEEN - SCREENING AND LANDSCAPING
SCHEDULE I
1801
SCREENING AND LANDSCAPING
1.
Screening:
a.
A landscape screen consisting of a solid 2.5 metres (8.202 feet) fence or
wall, which shall be uniformly painted and well maintained and not used
for advertising or display use or for the posting of notices, or a compact
evergreen hedge not less than 2 metres (6.562 feet) in height, which shall
be maintained in good condition at all times, shall be provided as follows:
i.
In Commercial and Industrial zones, any part of a lot used or
intended to be used as a storage yard shall be closed by a landscape
screen on any side not facing directly upon the principal building
on the lot, and no material shall be piled to extend above such
screen. Required front yard screening shall be so situated as to
conform with the front yard setback provisions of the applicable
zone.
ii.
Where any off-street parking or storage yard in any Commercial
or Industrial zone, abuts a lot in a Residential zone, or is separated
by a lane from a lot in a Residential zone, a landscape screen of 2
metres (6.562 feet) in height shall be provided and properly
maintained along the common lot line.
iii.
A landscape screen along a lane shall be not less than 0.7 metres
(2.297 feet) and not more than 1 metre (3.281 feet) in height for a
distance of not less than 6 metres (19.68 feet) from all points of
ingress and egress to and from such off-street parking or storage
yard.
a.
A landscape screen consisting of a solid 2.5 metres (8.202 feet) fence or
wall, which shall be uniformly painted and well maintained and not used
for advertising or display use or for the posting of notices, or a compact
strip of shrubs or trees not less than 2 metres (6.562 feet) in height, which
shall be maintained in good condition at all times, shall be provided as
follows:
i.
On parcels zoned for Commercial and Industrial uses that abut
Pleasant Valley Road, Crozier Road, Otter Lake Cross Road, L
& A Cross Road, Highway 97, or Highway 97A, any part of a lot
used or intended to be used as a storage yard shall be enclosed
by a landscape screen on any side abutting the road(s), and no
material shall be piled to extend above such screen. Required
front yard screening shall be so situated as to conform with the
front yard setback provisions of the applicable zone.
DIVISION EIGHTEEN - SCREENING AND LANDSCAPING - SCHEDULE I
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page I2
ii.
Where any off-street parking or storage yard in any Commercial
or Industrial zone, abuts a lot in a Residential zone, or is
separated by a lane from a lot in a Residential zone, a landscape
screen of 2 metres (6.562 feet) in height shall be provided and
properly maintained along the common lot line.
iii.
A landscape screen along a lane shall be not less than 0.7 metres
(2.297 feet) and not more than 1 metre (3.281 feet) in height for
a distance of not less than 6 metres (19.68 feet) from all points of
ingress and egress to and from such off-street parking or storage
yard.
iv.
Notwithstanding the landscaping requirements as outlined
above, landscaping may be required along additional roadways
subject to applicable Development Permit Area requirements.
(Bylaw 2135, 2024)
b.
A landscape screen over 1 metre (3.281 feet) in height or any lesser height
which constitutes a traffic hazard shall not be permitted within the area
described by three (3) lines interconnecting an exterior lot corner, a point
on the front lot line 6 metres (19.68 feet) from the exterior lot corner and a
point on the exterior lot line 6 metres (19.68 feet) from the exterior lot
corner. the exterior lot corner being the point of intersection of the exterior
side lot line and the front lot line when such lines form an interior angle of
135 degrees or less.
c.
The height of the landscape screen shall be determined by measurement
from the finished grade.
d.
That portion of a retaining wall which projects above the surface of the
ground which it supports shall be considered a landscape screen.
d.
That portion of a retaining wall which projects above the surface of the
ground which it supports shall be considered part of a required
landscape screen.
(Bylaw 2135, 2024)
DIVISION EIGHTEEN - SCREENING AND LANDSCAPING - SCHEDULE I
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page I3
e.
Where a retaining wall has been constructed along a lot line, the height
of the landscape screen shall be determined by the measurement from the
surface of the ground which the retaining wall supports at the finished
grade.
f.
Subject to the vision clearance provisions, the following height limitations
shall apply to a landscape screen:
i.
In all zones, fences and hedges not greater than 1.2 metres (3.937
feet) in height may be located anywhere on a lot.
ii.
In all zones, except Commercial and Industrial zones, fences or
walls not greater than 2 metres (6.562 feet) in height may be
located on any lot to the rear of a required front yard.
iii.
In Commercial and Industrial zones, fences or hedges not greater
than 2.5 metres (8.202 feet) in height may be located on any lot to
the rear of a required front yard.
iv.
In Residential zones, where the rear lot line abuts the side lot line
of an adjoining lot, the height of fences, walls, or hedges, on such
rear lot line shall be not greater than the height permitted on the
side lot line of an adjoining lot.
g.
In Commercial and Industrial zones and for open mesh or chain link type
fences erected on cemetery, playground, park, playfield, elementary, or
high school areas the height shall not be greater than 3.5 metres (11.48
feet).
2.
Landscaping:
a.
Landscaping shall be provided and well maintained at all times:
i.
Where any commercial or industrial development abuts a lot in a
Residential zone, a landscaped buffer area shall be provided with
a minimum width of 2 metres (6.562 feet).
ii.
Where any commercial or industrial development abuts any
highway, a landscaped buffer area shall be provided with a
minimum width of 3 metres (9.842 feet).
iii.
On the remainder of the lots used for commercial or industrial use
that is not used for buildings, storage, parking, or access
driveways.
DIVISION EIGHTEEN - SCREENING AND LANDSCAPING - SCHEDULE I
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page I4
b.
Landscaping shall consist of:
i.
Drought resistant and indigenous plants that conform to the
Canadian Standards for Nursery stock and the British Columbia
Landscape Standards as amended from time to time
ii.
A minimum of five percent (5%) of the total landscaped area
planted in trees using the canopy area of the trees as a measure of
the number and size of trees required
iii.
A maximum of fifteen percent (15%) of the total landscaped area
planted in annuals
iv.
Other accepted landscape materials as may be utilized under the
supervision of a competent landscape contractor or landscape
architect
In no case shall codling moth host trees including apple and crabapple trees
(Malus spp.), pear trees (Pyrus spp.), quince trees (Cydonia oblonga) and
flowering quince or japonica trees (Chaenomeles japonica) be used for
landscaping purposes.
c.
Landscaping shall be provided with an irrigation system.
c.
Landscaping shall be provided with an irrigation system for
establishment purposes.
(Bylaw 2135, 2024)
d.
The maximum gradient for landscaped areas is a slope of 3:1 for any
lawn or grass area that requires mowing; and 2:1 for any planted or
landscaped areas that do not require mowing.
Schedule I to accompany the Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700,
2008.
I hereby certify this to be a true and correct copy of Schedule I attached to and forming part of the
Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008.
CORPORATE OFFICER
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J1
DIVISION NINETEEN-AGRICULTURAL SETBACKS IN RURAL
ZONES
SCHEDULE J
1901
AGRICULTURAL SETBACKS IN RURAL ZONES
TABLE 1: Minimum Setbacks From Lot Lines and Water
Principle Farm Buildings, Structures and Areas
Setbacks:
Apiculture
(hives,
honeyhouse
s & shelters)
Greenhouse,
Nursery,
Specialty
Wood, &
Turf Crops
(greenhouses,
boiler rooms,
header houses,
machine storage
& crop storage)
Dog Kennels,
Livestock,
Poultry, Game,
Fur & Medical
Marihuana
Cannabis
(barns, brooder
houses, confined
livestock areas, fur
farming sheds,
hatcheries, kennels,
livestock shelters,
medical marihuana
cannabis production
facilities, milking
facilities & stables)
(Bylaw 1855) (Bylaw 1961)
Mushrooms
(mushroom
barns)
Tree, Vine,
Field, &
Forage
Crops
(cideries, crop
storage, direct
farm marketing,
granaries, on-
farm processing
& on-farm
product
preparation)
From
Residential
Zones
15 m
15 m for boilers
& walls w/fans
otherwise
7.5 m
60 m
120 m for cannabis
production facilities
30 m
15 m for boilers
& walls w/fans
otherwise
7.5 m
From Other
Than
Residential
Zones
Exterior side &
Front
7.5 m
7.5 m
30 m
60 m for cannabis
production facilities
15 m
7.5 m
Interior side &
Rear
7.5 m
4.5 m
30 m
60 m for cannabis
production facilities
7.5 m
4.5 m
All lot lines
-
15 m for boilers
& walls w/fans
-
15 m for
boilers &
walls w/fans
15 m for boilers
& walls w/fans
From Water
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J2
Domestic
Water Supply
Intake
6 m
6 m
30 m
30 m
6 m
Natural
Watercourse
4.5 m
4.5 m
15 or 30** m
15 m
4.5 m
Constructed
Ditch
4.5 m
4.5 m
15 or 30** m
15 m
4.5 m
continued . . .
** 30 m is for confined livestock area and only if there are more than 10 agricultural units in a confined livestock area or areas (1
agricultural unit = live weight of 455 kg (1000 lbs) of livestock, poultry, or farmed game or any combination of them equaling 455
kg).
(Bylaw 1961, 2018)
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J3
TABLE 2: Minimum Setbacks From Lot Lines - Residential Zones
Accessory Farm Buildings, Structures and Areas
Setbacks From
Residential
Zones
Apiculture
Greenhouse,
Nursery, Specialty
Wood, & Turf
Crops
Livestock, Poultry,
Game, Fur, &
Medical Marihuana
Cannabis
Mushrooms
Tree, Vine,
Field, &
Forage Crops
agricultural waste
storage facility
30 m
30 m
30 m
30 m
confined livestock
area
60 m
Compost storage
30 m
30 m
30 m
30 m
incinerator
30 m
on-farm composting
30 m
30 m
30 m
30 m
on-farm soilless
medium production
30 m
30 m
30 m
Retention pond
30 m
30 m
30 m
30 m
Silo
30 m
solid agricultural
waste field storage
30 m
30 m
30 m
30 m
chemical storage
15 m
15 m
15 m
15 m
15 m
composting materials
(non-manures
storage)
15 m
15 m
15 m
15 m
generator shed
15 m
detention pond
7.5 m
7.5 m
7.5 m
7.5 m
direct farm marketing
7.5 m
7.5 m
7.5 m
7.5 m
grain & hay storage
7.5 m
Machine storage
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
on-farm processing
7.5 m
7.5 m
7.5 m
on-farm product
preparation
7.5 m
7.5 m
7.5 m
silage storage in
plastic bags
7.5m
soilless medium
storage
7.5 m
7.5 m
7.5 m
straw storage
(non-composting
material)
7.5 m
7.5 m
woodwaste storage
7.5 m
7.5 m
7.5 m
(Bylaw 1961, 2018)
TABLE 3: Minimum Setbacks From Lot Lines - Other Than Residential
Zones
Accessory Farm Buildings, Structures and Areas
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J4
Setbacks From Other Than
Residential Zones
Apiculture
Greenhouse,
Nursery,
Specialty
Wood, &
Turf Crops
Livestock,
Poultry,
Game, Fur, &
Medical
Marihuana
Cannabis
Mushrooms
Tree, Vine,
Field, &
Forage Crops
Exterior Side & Front
detention pond
7.5 m
7.5 m
7.5 m
7.5 m
direct farm marketing
7.5 m
7.5 m
7.5 m
7.5 m
grain & hay storage
7.5 m
silage storage in plastic bags
7.5 m
straw storage (non-composting material)
7.5 m
7.5 m
Interior Side & Rear
detention pond
4.5 m
4.5 m
4.5 m
4.5 m
direct farm marketing
4.5 m
4.5 m
4.5 m
4.5 m
grain & hay storage
4.5 m
silage storage in plastic bags
4.5 m
straw storage (non-composting material)
4.5 m
4.5 m
All lot lines
compost storage
30 m
30 m
30 m
30 m
Incinerator
30 m
on-farm composting
30 m
30 m
30 m
30 m
silo
30 m
solid agricultural waste
field storage
30 m
30 m
30 m
30 m
agricultural waste storage facility
30 m
30 m
30 m
30 m
confined livestock area
30 m
retention pond
30 m
30 m
30 m
30 m
composting material
(non-manures storage)
15 m
15 m
15 m
15 m
generator shed
15 m
on-farm soilless medium production
15 m
15 m
15 m
chemical storage
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
detention pond
7.5 m
on-farm processing
7.5 m
7.5 m
7.5 m
on-farm product preparation
7.5 m
7.5 m
7.5 m
soilless medium storage
7.5 m
7.5 m
7.5 m
Woodwaste storage
7.5 m
7.5 m
7.5 m
machine storage
4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
(Bylaw 1961, 2018)
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J5
TABLE 4: Minimum Setbacks From Water - Domestic Water Supply
Intake
Accessory Farm Buildings, Structures and Areas
Setbacks from Water
Apiculture
Greenhouse,
Nursery,
Specialty
Wood, & Turf
Crops
Livestock,
Poultry,
Game, Fur,
& Medical
Marihuana
Cannabis
Mushrooms
Tree, Vine,
Field, &
Forage Crops
Domestic Water Supply
Intake
agricultural waste storage facility
30 m
30 m
30 m
30 m
chemical storage
30 m
30 m
30 m
30 m
30 m
confined livestock area
30 m
compost storage
30 m
30 m
30 m
30 m
Incinerator
30 m
location for feeding in
seasonal feeding area
30 m
on-farm composting
30 m
30 m
30 m
30 m
on-farm soilless medium production &
storage
30 m
30 m
30 m
retention pond
30 m
30 m
30 m
30 m
silo
30 m
solid agricultural waste field storage
30 m
30 m
30 m
30 m
woodwaste storage
30 m
30 m
30 m
Accessory farm
buildings, structures, or areas that are
not a potential source of contamination
6 m
6 m
6 m
6 m
6 m
(Bylaw 1961, 2018)
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J6
TABLE 5: Minimum Setbacks From Water - Natural Watercourse or Constructed
Ditch
Accessory Farm Buildings, Structures and Areas
Setbacks from Water
(cont'd)
Apiculture
Greenhouse,
Nursery,
Specialty
Wood, & Turf
Crops
Livestock,
Poultry,
Game, Fur,
& Medical
Marihuana
Cannabis
Mushrooms
Tree, Vine,
Field, &
Forage
Crops
Natural Watercourse
location for feeding in seasonal feeding
area
30 m
solid agricultural waste field storage*
30 m
30 m
30 m
30 m
confined livestock area**
15 or 30** m
agricultural waste storage facility
15 m
15 m
15 m
15 m
chemical storage
15 m
15 m
15 m
15 m
15 m
compost storage
15 m
15 m
15 m
15 m
incinerator
15 m
on-farm composting
15 m
15 m
15 m
15 m
on-farm soilless medium production &
storage
15 m
15 m
15 m
retention pond
15 m
15 m
15 m
15 m
Silo
15 m
woodwaste storage
15 m
15 m
15 m
Accessory farm buildings, structures,
or areas that are not a potential source
of contamination
4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
* If more than 2 weeks storage time.
** 30 m only if more than 10 agricultural units in a confined livestock area or areas (1 agricultural unit = live weight of 455 kg (1000 lbs) of
livestock, poultry, or farmed game or any combination of them equals 455 kg).
(Bylaw 1961, 2018)
DIVISION NINETEEN - AGRICULTURAL SETBACKS IN RURAL ZONES - SCHEDULE J
Township of Spallumcheen Zoning Bylaw No. 1700, 2008
Page J7
TABLE 6: Minimum Setbacks From Water - Constructed Ditch
Accessory Farm Buildings, Structures and Areas
Setbacks from Water
Apiculture
Greenhouse,
Nursery,
Specialty
Wood, & Turf
Crops
Livestock,
Poultry,
Game, Fur,
& Medical
Marihuana
Cannabis
Mushrooms
Tree, Vine,
Field, &
Forage
Crops
Constructed Ditch
location for feeding in seasonal
feeding area
30 m
solid agricultural waste field
storage*
30 m
30 m
30 m
30 m
confined livestock area**
15 or 30** m
agricultural waste storage facility
15 m
15 m
15 m
15 m
chemical storage
15 m
15 m
15 m
15 m
15 m
compost storage
15 m
15 m
15 m
15 m
incinerator
15 m
On-farm composting
15 m
15 m
15 m
15 m
on-farm soilless medium production
& storage
15 m
15 m
15 m
retention pond
15 m
15 m
15 m
15 m
silo
15 m
15 m
woodwaste storage
15 m
15 m
Other accessory farm buildings,
structures, or areas
4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
* If more than 2 weeks storage time.
** 30 m only if more than 10 agricultural units in a confined livestock area or areas (1 agricultural unit = live weight of 455 kg (1000 lbs) of
livestock, poultry, or farmed game or any combination of them equals 455 kg).
(Bylaw 1961, 2018)
(Bylaw 2135, 2024)
Schedule J to accompany the Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700,
2008.
I hereby certify this to be a true and correct copy of Schedule J attached to and forming part of the
Corporation of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008.
CORPORATE OFFICER