Zoning Bylaw Schedule A - Consolidated to March 3, 2026

Summerland, British Columbia · adopted 2026-03-03

This is the exact embedded text of the captured official document. Snapshot 7bd3ae61f4be · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

policies/district-bylaws/schedule-%27a%27---consolidated-to-march-3-2026e705a85cf68d6e33909cff00007e7f94.pdf?sfvrsn=ee88c6fb_0" municipality_ids: - gx-000136 content_type: "application/pdf" captured_at: "2026-06-08T05:38:58+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 331820 --- District of Summerland Zoning Bylaw (Consolidated Version) Summerland Zoning Bylaw 2000-450 Schedule "A" to Bylaw Number 2000-4501 Adopted: September 12, 2011 Consolidated Up to: March 3, 2025 Table of Contents 1 General Administration ......................................................................................................................................... 1-4 1.1 Title ............................................................................................................................................................................................................................ 1-4 1.2 Purpose ....................................................................................................................................................................................................................... 1-4 1.3 Application ................................................................................................................................................................................................................. 1-2 1.4 Enforcement ............................................................................................................................................................................................................... 1-2 1.5 Prohibitions and Penalties .......................................................................................................................................................................................... 1-2 1.6 Severability ................................................................................................................................................................................................................ 1-3 1.7 Headings ..................................................................................................................................................................................................................... 1-3 2 Definitions ............................................................................................................................................................... 2-3 2.1 Definitions and Terminology ..................................................................................................................................................................................... 2-3 A ............... 2-3 B ............... 2-4 C ............... 2-5 D ............... 2-7 E ............... 2-8 F ............... 2-9 G ............. 2-10 H ............. 2-12 I ............. 2-13 K ............. 2-13 L ............. 2-14 M ............. 2-15 N ............. 2-15 O ............. 2-15 P ............. 2-16 R ............. 2-17 S ............. 2-19 T ............. 2-20 U ............. 2-20 V ............. 2-20 W ............. 2-21 Y ............. 2-21 3 Establishment of Zones ........................................................................................................................................ 3-22 3.1 Establishment of Zones ............................................................................................................................................................................................ 3-22 3.2 Zone Boundaries ...................................................................................................................................................................................................... 3-24 3.3 Undersized Lots ....................................................................................................................................................................................................... 3-24 3.4 Uses and Regulations ............................................................................................................................................................................................... 3-24 4 General Regulations ............................................................................................................................................. 4-25 4.1 Uses Permitted in All Zones .................................................................................................................................................................................... 4-25 4.2 Projections into Setbacks ......................................................................................................................................................................................... 4-25 4.3 Height of Buildings and Structures ............................................................................................................................................................................ 4-2 4.4 Heritage Designated Buildings .................................................................................................................................................................................. 4-3 4.5 Accessory Buildings and Structures .......................................................................................................................................................................... 4-3 4.6 Vehicle Storage .......................................................................................................................................................................................................... 4-3 4.7 Setbacks from Highways and Major Streets .............................................................................................................................................................. 4-4 4.8 Swimming Pools and Artificial Bodies of Water ...................................................................................................................................................... 4-4 1 Amendment Bylaw No. 2024-011 (June 11, 2024) This is a consolidated copy to be used for convenience only. Users are asked to refer to the Zoning Bylaw as amended from time to time to verify accuracy and completeness. Summerland Zoning Bylaw 2000-450 4.9 Building Envelope ...................................................................................................................................................................................................... 4-4 4.10 Setbacks for Strata Subdivisions ................................................................................................................................................................................ 4-4 4.11 Farm Home Plate ....................................................................................................................................................................................................... 4-5 4.12 Solid Waste Storage Facilities ................................................................................................................................................................................... 4-5 5 Landscaping Regulations ...................................................................................................................................... 5-6 5.1 Landscape Requirements ........................................................................................................................................................................................... 5-6 5.2 Landscaping and Screening ....................................................................................................................................................................................... 5-6 5.3 Landscape Restrictions .............................................................................................................................................................................................. 5-7 5.4 Landscape Standards .................................................................................................................................................................................................. 5-7 5.5 Fences & Retaining Walls ............................................................................................................................................................................................................ 5-9 6 Parking & Loading Regulations ......................................................................................................................... 6-11 6.1 Vehicle Parking and Loading Provisions ................................................................................................................................................................. 6-11 6.2 Designated Parking Spaces ...................................................................................................................................................................................... 6-16 6.3 Shared Parking ......................................................................................................................................................................................................... 6-16 6.4 Fee in Lieu of Parking .............................................................................................................................................................................................. 6-17 6.5 Vehicle Parking Space Design Standards ................................................................................................................................................................ 6-17 6.6 Vehicle Parking Space Location and Access Standards .......................................................................................................................................... 6-18 6.7 Loading Space Standards ......................................................................................................................................................................................... 6-19 6.8 Loading Space Location Standards .......................................................................................................................................................................... 6-19 6.9 Lighting .................................................................................................................................................................................................................... 6-20 6.10 Bicycle Parking Space Standards ............................................................................................................................................................................. 6-20 7 Specific Use Regulations ...................................................................................................................................... 7-20 7.1 Application ................................................................................................................................................................................................................. 7-2 7.2 Short-Term Rental...................................................................................................................................................................................................... 7-2 7.3 Secondary Suites ........................................................................................................................................................................................................ 7-2 7.4 Carriage Houses (Secondary Dwelling within an Accessory Building) ................................................................................................................... 7-3 7.5 Marinas, Docks and other Wharfage Facilities Regulations .................................................................................................................................... 7-4 7.6 Home Occupations ..................................................................................................................................................................................................... 7-5 7.7 Child Care Centres, Minor and Major ....................................................................................................................................................................... 7-7 7.8 Group Homes, Minor ................................................................................................................................................................................................. 7-8 7.9 Service Stations and Gas Bars ................................................................................................................................................................................... 7-8 7.10 Temporary Use Permit Areas ..................................................................................................................................................................................... 7-9 7.11 Renewable Energy Systems and Infrastructure ......................................................................................................................................................... 7-9 7.12 Deleted .................................................................................................................................................................................................................... 7-11 7.13 Temporary Farm Worker Accommodation ........................................................................................................................................................... 7-12 7.14 Kennels and Animal Shelters ................................................................................................................................................................................... 7-12 7.15 Cannabis Production Facilities ................................................................................................................................................................................ 7-12 7.16 Agri-Tourism Accommodation: .............................................................................................................................................................................. 7-13 8 Agricultural Zones ............................................................................................................................................... 8-15 8.1 A1 Agricultural Small Acreage Zone A1 ......................................................................................................................................................... 8-15 8.2 A2 Agricultural Large Acreage Zone A2 .......................................................................................................................................................... 8-22 9 Rural Residential Zones ...................................................................................................................................... 9-26 9.1 CR1 Country Residential Zone CR1 ................................................................................................................................................................. 9-26 10 Urban Residential Zones ................................................................................................................................... 10-30 10.1 RU1 Residential Urban Infill Zone RU1 .......................................................................................................................................................... 10-30 10.2 RU2 Residential Urban Zone RU2 ................................................................................................................................................................. 10-34 10.3 RU3 Residential Sub-Urban Zone RU3 ........................................................................................................................................................... 10-38 10.4 RMD Residential Medium Density Zone RMD ................................................................................................................................................. 10-42 10.5 RHD Residential High Density Zone RHD ...................................................................................................................................................... 10-47 10.6 RMH Residential Manufactured Housing Zone RMH ................................................................................................................................. 10-50 11 Commercial Zones ............................................................................................................................................. 11-52 11.1 CN Neighbourhood Commercial Zone CN ...................................................................................................................................................... 11-52 11.2 CT1 Tourist Commercial Zone CT1 .................................................................................................................................................................. 11-3 11.3 CH Highway Commercial Zone CH ................................................................................................................................................................. 11-5 11.4 CT2 Campground Zone CT2 ............................................................................................................................................................................ 11-7 11.5 Central Business Zone CB1 .............................................................................................................................................................................. 11-8 11.6 CB2 Shopping Centre Zone CB2 ..................................................................................................................................................................... 11-11 11.7 CM Heavy Commercial Zone CM ................................................................................................................................................................. 11-13 11.8 MX1 Mixed Use Zone MX1 .................................................................................................................................................................................. 14 12 Industrial Zones ................................................................................................................................................. 12-16 12.1 M1 Light Industrial Zone M1 ......................................................................................................................................................................... 12-16 12.2 M2 Heavy Industrial Zone M2 ........................................................................................................................................................................ 12-19 12.3 M3 Agri-Industrial Zone M3 .......................................................................................................................................................................... 12-22 Summerland Zoning Bylaw 2000-450 12.4 M4 Resource Industrial Zone M4 .......................................................................................................................................................................... 24 12.5 M1-A Business Industrial Zone M1-A .................................................................................................................................................................. 26 13 Public, Open land & Institutional Zones .......................................................................................................... 13-28 13.1 PR1 Parks and Recreation Zone PR1 .............................................................................................................................................................. 13-28 13.2 FG Forestry Grazing Zone FG ........................................................................................................................................................................ 13-29 13.3 PP Preservation & Protection Zone PP ............................................................................................................................................................. 13-31 13.4 I Institutional Zone I ...................................................................................................................................................................................... 13-31 14 Water Zones ......................................................................................................................................................... 14-34 14.1 WZ1 - Recreational Water Use Zone 1 WZ1 .................................................................................................................................................... 14-34 14.2 WZ2 - Recreational Water Use Zone 2 WZ2 ...................................................................................................................................................... 14-2 14.3 WZ3 - Intensive Water Use Zone WZ3 ............................................................................................................................................................. 14-3 15 Comprehensive Development Zones .................................................................................................................. 15-5 15.1 CD Comprehensive Development Zones ................................................................................................................................................................ 15-5 15.2 CD1 - Comprehensive Development Zone CD1 ................................................................................................................................................. 15-2 15.3 CD2 - Comprehensive Development Zone CD2 ................................................................................................................................................ 15-3 15.4 CD3 - Comprehensive Development Zone CD3 ................................................................................................................................................ 15-5 15.5 CD4 - Comprehensive Development Zone CD4 ................................................................................................................................................. 15-7 15.6 CD5 - Comprehensive Development Zone CD5 ................................................................................................................................................ 15-9 15.7 CD6 - Comprehensive Development Zone CD6 .............................................................................................................................................. 15-10 15.8 CD7 - Comprehensive Development Zone CD7 .............................................................................................................................................. 15-10 15.9 CD9 - Comprehensive Development Zone CD9 ................................................................................................................................................ 15-19 15.10 CD10 - Comprehensive Development Zone CD10............................................................................................................15-36 20 SUMMARY OF ZONING BYLAW AMENDMENTS ................................................................................... 20-36 1 General Administration 1.1 Title 1.1.1 This Bylaw may be cited as the "Summerland Zoning Bylaw 2000-450 ". 1.2 Purpose 1.2.1 This Bylaw is to provide regulations within the District of Summerland governing: (a) the Use of land, Buildings and Structures; (b) the Density of the Use of land, Buildings and Structures; (c) the siting, size and dimensions of Buildings, Structures, and parking; (d) the provision of Landscaping and screening; (e) the area, shape and dimensions of all parcels of land, Lots, or properties that may be created by subdivision; and (f) the requirements for parking and loading. 1.2.2 This Bylaw applies to all of the area within the District of Summerland except for: (a) District of Summerland road allowances and road right-of-ways; In addition to this Bylaw, a person is responsible for ascertaining and complying with requirements of all other applicable municipal bylaws, and Provincial or Federal statutes and regulations. Summerland Zoning Bylaw 2000-450 1-2 (b) land located within an Indian reserve as defined under the Indian Act; (c) land located in a Provincially marked secondary Highway right-of-way2. 1.3 Application 1.3.1 This Bylaw shall take effect upon the date of adoption. 1.3.2 No land, Building, or Structure within the District of Summerland shall be developed, used, constructed, erected, modified, converted, enlarged, reconstructed, altered, placed or maintained except in conformity with the provisions of this Bylaw. 1.4 Enforcement 1.4.1 The District's Manager of Development Services, Building Inspector, Bylaw Enforcement Officers, or any other employee authorized by Council are authorized to enter, at reasonable times, upon any property and into any building in order to ascertain whether the Bylaw requirements are being met and the Bylaw regulations are being observed. 1.4.2 No person shall prevent or obstruct or seek to prevent or obstruct an authorized official from carrying out any official duty under this Bylaw. 1.5 Prohibitions and Penalties 1.5.1 No person shall contravene, cause, suffer or permit a contravention of this Bylaw. 1.5.2 No person shall commence or undertake a Use which is not permitted by this Bylaw. 1.5.3 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 or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by this Bylaw, shall be guilty upon summary conviction of an offence against this Bylaw and shall be liable to penalties set out in the Community Charter3. 1.5.4 Each day that a violation of this Bylaw is permitted to exist shall constitute a separate offence. 1.5.5 Fines for an offence against this Bylaw may also be set out in the District of Summerland Ticketing Information Utilization Bylaw #95-030 and the Bylaw Notice Enforcement Bylaw #2000- 375. 2 Amendment Bylaw No. 2020-025 (December 14, 2020) 3 Amendment Bylaw No. 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 2-3 1.5.6 Uses not listed in respect of a particular zone or in Section 4.1.1 of this Bylaw are prohibited. 1.6 Severability 1.6.1 If one or more provisions of this Bylaw are, for any reason, declared to be invalid by a court of competent jurisdiction, the invalid provision shall be severed and all remaining provisions shall remain in full force and effect. 1.7 Headings 1.7.1 For the purpose of this Bylaw, all headings and other references form part of this Bylaw and shall not be construed as being merely inserted for convenience and reference purposes unless otherwise specified in the Bylaw. 2 Definitions 2.1 Definitions and Terminology 2.1.1 All words, or phrases or terms in this Bylaw shall have their normal or common meaning unless specifically defined by the Local Government Act or by the definitions set forth in this section as follows. A Abattoir means a use that provides for the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, storing and selling of the product on the premises4. Abut or Abutting means contiguous to, or physically touching, and when used with respect to two Lots, means that the Lots share a common Property Line. Accessory means a separate Use, or a Building or Structure not directly Abutting the Principal Use, which is located on the same Lot as the Principal Use. An accessory Use, Building or Structure must be normally incidental, subordinate, and exclusively devoted to the Principal Use5. Adjacent, when used with respect to a Lot, means contiguous to, or physically touching, if not for a public right-of-way, easement or Watercourse other than a lake. Agricultural Land Commission (ALC) means the governing body assigned to administer regulations and policies relating to the preservation and enhancement of designated Agricultural Land Reserve (ALR) land areas for the province, pursuant to the Agricultural Land Commission Act. Agricultural Land Reserve (ALR) means agricultural land designated as an agricultural land reserve under the Agricultural Land Commission Act. Agricultural Retail Sales means the retail sale of Agriculture Products if the Agriculture Products 4 Amendment Bylaw 2013-008 (April 29, 2013) 5 Amendment Bylaw 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 2-2 offered for sale are produced on the Lot on which the retail sales are taking place or if at least 50 percent of the retail sales area is limited to the sale of Agriculture Products produced on the Lot on which the retail sales are taking place and the total area, both indoors and outdoors, used for the retail sales of all Agriculture Products does not exceed 300m2. Agriculture, General means the Use of land for any of the following activities involved in carrying on a farm operation6: (a) growing, producing, raising or keeping animals or plants including bees, fowl, poultry, livestock and the primary products of those plants or animals; (b) cultivation in plantations of any specialty wood crops or specialty fibre crops prescribed by the Minister responsible for Agriculture; (c) turf production with approval under the Agricultural Land Commission Act, if required; (d) clearing, draining, irrigating or cultivating land; (e) using farm machinery, equipment, devices, materials and Structures; (f) applying fertilizers, manure, pesticides and biological control agents, including by ground and aerial spraying; but does not include: (a) Intensive Agriculture Uses (b) raising or keeping game, within the meaning of the Game Farm Act, by a person licensed to do so under that Act; (c) raising or keeping fur bearing animals, within the meaning of the Fur Farm Act, by a person licensed to do so under that Act; (d) an activity, other than grazing or hay cutting, that constitutes a forest practice as defined in the Forest and Range Practices Act; (e) breeding pets, operating a Commercial Kennel, or an Animal Shelter, Major7; (f) growing, producing, raising or keeping exotic animals, except types of exotic animals prescribed by the Minister of Agriculture. (g) Cannabis, Licensed Production except where such production is considered a "Farm Use" as per Section 7.158; Agriculture, Intensive means the Use of land for the propagation of mushrooms, the confined rearing of livestock, poultry and/or fur-bearing animals, or for the operation of a feedlot. Agriculture, Urban means the act of growing food on a Lot zoned for residential, institutional, or commercial Use; in addition to produce grown in a garden, this also includes community gardens, fruit and nut tree production, and the retail sale of produce from the urban agricultural 6 Amendment Bylaw 2018-027 (October 18, 2018) 7 Amendment Bylaw No. 2000-459 (November 4, 2011) 8 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 2-3 Use, provided the retail sales area does not exceed 50m2, and keeping of Backyard Chickens, but does not include the keeping of other poultry or bees9 10. Agriculture Products means a commodity that is produced from an Urban Agriculture Use or from an agricultural Use. Agri-Tourism Accommodation means the provision of short term sleeping accommodations for tourists, on a property classified as farm under the BC Assessment Act. Typical Uses include but are not limited to farm bed & breakfasts, seasonal farm cabins, campsites/Recreational Vehicle sites. Amenity Space means unobstructed area or areas developed for the common recreational use of all dwelling units on the Lot or private outdoor recreational areas equitably designated for each dwelling unit11. Amusement Establishment means any Building, room or area having table games or electronic games played by patrons for commercial entertainment as the Principal Use. This does not include carnivals, circuses or Indoor Recreational Services. Animal Shelter - deleted12 Animal Shelter, Major means a Use which may include outdoor runs, pens or enclosures for the temporary accommodation of animals, may include Animal Shelter, Minor, but does not include Commercial Kennels or Veterinary Clinics13. Animal Shelter, Minor means a Use which may include indoor animal grooming, training, and daycare, but does not include Animal Shelter, Major, Commercial Kennels, or Veterinary Clinics. Animals are not to be kept overnight14. Art Gallery & Museum means a Building or part of a Building where works of art, such as paintings, sculpture, pottery, glass or weaving, or historical artifacts are displayed for public viewing, sale or both15. Auctioneering Establishment means a Use which provides for the temporary storage of goods and materials which are to be periodically sold on the Premises by public auction. Autobody Repair Shop means a Use which provides for the repair of damage to motor vehicles and similar vehicles caused by collision, accident, corrosion or age including body repair, frame straightening, painting and upholstering. Automobile Sales & Rentals means a Use where new or used automobiles or motorcycles are sold, leased or rented and may include the associated storage and servicing of vehicles to be sold, leased and rented as well as the sale of automotive parts. Automotive & Equipment Repair Shop means a Use which provides for the servicing and 9 Amendment Bylaw No. 2020-025 (December 14, 2020) 10 Amendment Bylaw No. 2022-009 (April 25, 2022) 11 Amendment Bylaw No. 2022-009 (April 25, 2022) 12 Amendment Bylaw No. 2020-025 (December 14, 2020) 13 Amendment Bylaw No. 2000-459 (November 14, 2011) 14 Amendment Bylaw No. 2000-459 (November 14, 2011) 15 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 2-4 mechanical repair of automobiles, motorcycles, snowmobiles and similar vehicles or the sale, installation or servicing of related accessories and parts. Typical Uses include, but are not limited to, transmission shops, muffler shops, and tire shops, but does not include autobody repair shops. Awning means a roof-like covering of canvas or similar fabric material, which may or may not be retractable, projecting from and being entirely supported from the exterior wall of a Building. The projection of Awnings into required Setbacks is regulated in Section 4.2. B Backyard Chickens means hens that are permitted under the District of Summerland's Animal and Pound Control Bylaw, and does not include roosters16. Balcony means an unenclosed outdoor seating platform, projecting from the face of a wall, cantilevered or supported by columns or brackets and usually surrounded by a balustrade or railing. Bar, with respect to a Dwelling, means the Use of a room in a Dwelling for the dispensing of beverages that may contain a single sink, a fridge, a raised counter and up to 1.8m of cabinetry. A Bar may not contain a Kitchen or cooking facilities and does not include a dairy bar or a Gas Bar. Basement means that portion of a Building located below the First Storey, that is 1.8 m or greater in height measured from the underside of the joists of First Storey floor to the ground slab or ground surface where no slab exists17 Bed & Breakfast Home - deleted18 Bedroom means a room containing a window, located in a Dwelling, which, due to its design or location in the Dwelling, is or may be used primarily for sleeping. Bicycle Parking, Class A means secure, long-term parking for bicycles that is provided in a separate, dedicated room or enclosure. The provision of minimum Bicycle Parking requirements must be in conformance with Section 6.10. Bicycle Parking, Class B means racks or Structures with spaces of a minimum width of 0.3m for each bicycle, constructed of sturdy theft-resistant material and shall have secure theft-resistant anchoring to the floor or ground. The provision of minimum Bicycle Parking requirements must be in conformance with Section 6.10. Boating means the recreational activity of using Watercraft whether propelled by mechanical means such as engines or by human power and shall include but not be limited to motorboats, sailboats, canoes, kayaks, personal watercraft, zodiacs, and pontoons19. 16 Amendment Bylaw No. 2022-009 (April 25, 2022) 17 Amendment Bylaw No. 2020-025 (December 14, 2020) 18 Amendment Bylaw No. 2021-048 (February 28, 2022) 19 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 2-5 Boat Launch means a ramp that extends from an upland property or right-of-way across the foreshore and into the lake, the purpose of which is to facilitate lake placement and removal of boats and other Watercraft20. Boat Lift means an uncovered Structure, attached to a Dock, which facilitates the removal of boats from the water, and which can allow for a boat to be stored above the high water level of the lake21. Broadcasting Studios means development used for the production and/or broadcasting of audio and visual programming typically associated with radio, television and motion picture studios22. Buffer Strip means a landscaped area intended to visibly separate and screen one Use from another or to maintain and enhance natural drainage and wildlife movements. Building means a Structure used or intended to be used for sheltering any Use which is wholly or partially covered by a roof supported by walls or columns. Building Permit means the document authorizing the carrying out of any Development, alteration or other work in accordance with the Building Regulations Bylaw, the BC Building Code and any other applicable statute or regulation. Bulk Fuel Depot means a facility for the storage and distribution of fuels and oils which may include key lock operations. Buoy, means a float or similar object that is in turn anchored to the bed of the lake and can be used to moor a Watercraft23. Business means the Use of land for a commercial, industrial or administrative purpose. Business Support Service means a Use which provides support services to Businesses and is characterized by the Use of minor mechanical equipment for printing, duplicating, binding or photographic processing; secretarial services; Office maintenance or custodial services; Office security; and the sale and servicing of Office equipment, furniture and machines. Typical Uses include, but are not limited to, printing establishments, film processing establishments, janitorial firms, Office equipment establishments and sign shops. C Campground means the Use of a Lot occupied and maintained for the temporary accommodation of the travelling public in tents and Recreational Vehicles but not Manufactured Housing. Cannabis means any plant of the genus cannabis, including24: a) any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not; 20 Amendment Bylaw No. 2020-025 (December 14, 2020) 21 Amendment Bylaw No. 2020-025 (December 14, 2020) 22 Amendment Bylaw No. 2013-003 (March 11, 2013) 23 Amendment Bylaw No. 2016-028 (October 24, 2016) 24 Amendment Bylaw No. 2018-026 (October 18, 2018) Summerland Zoning Bylaw 2000-450 2-6 b) any substance or mixture of substances that contains or has on it any part of such a plant; and c) any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained Cannabis, Licensed Production means the commercial production, cultivation, synthesis, harvesting, altering, propagating, processing, packaging, storage, distribution or scientific research of cannabis or cannabis products as permitted by federal enactment, but excludes the growing of cannabis by an individual for their personal use and consumption25. Cannabis Products means plant material from cannabis and any products that include cannabis or cannabis derivatives, intended for human use or consumption26. Cannery and Packing House means the processing, packaging and preparation of Agricultural Products for distribution purposes only. This use excludes the retail sale of Agricultural Products27. Canopy means a permanent roof-like Structure that extends outwards from a wall or a Building. The projection of Canopies into required Setbacks is regulated in Section 4.2. Carport means a roofed Structure to be used to shelter parked vehicles or equipment which is not enclosed on at least two sides, one being the side fronting the driveway. Car Wash means the Use of land or a Building for the cleaning of passenger motor vehicles and single axle commercial trucks without trailers28. Cemetery means those areas of land that are set aside for the burial of human remains. Typical uses are memorial parks and burial grounds, including crematoriums29. Carriage House means a secondary Dwelling constructed in an Accessory Building. Specific Use regulations for Carriage Houses are in Section 7.4. Child Care Centre, Major means a Use which provides for the care of more than eight children according to the Child Care Licensing Regulation under the Community Care and Assisted Living Act. Specific Use regulations for Child Care Centres are in Section 7.7. Child Care Centre, Minor means the Use of a Dwelling unit for the care of not more than eight children, according to the Child Care Licensing Regulation under the Community Care and Assisted Living Act. Specific Use regulations for Child Care Centres are in Section 7.7. Club means a Use which provides for the meeting or social activities of a philanthropic, social service, non-profit, athletic, Business or fraternal organization for meetings, or social, educational, or recreational purposes. Clubs may include rooms for eating, drinking and general assembly, including incidental catering to the general public. 25 Amendment Bylaw No. 2018-027 (October 18, 2018) 26 Amendment Bylaw No. 2018-026 (October 18, 2018) 27 Amendment Bylaw No. 2020-025 (December 14, 2020) 28 Amendment Bylaw No. 2020-025 (December 14, 2020) 29 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 2-7 Commercial Kennel means a Use which may include outdoor runs, pens or enclosures for the boarding, breeding and raising of more than three domestic pets for profit or gain but does not include the boarding of animals in a Veterinary Clinic during the period of medical treatment. Commercial Storage means a Use in a Building or group of Buildings providing lockers available for rent to the public for the indoor storage of personal goods. Community Recreation Service means development for recreation, social or multi-purpose Use primarily intended for local community purposes. Typical Uses include but are not limited to community halls, non-profit social clubs, convention centres and community centres operated by a local residents association30. Concrete and Asphalt Plant means the processing, manufacturing and sale of concrete and asphalt, and includes the accessory manufacture and sales of products made from concrete or asphalt31. Contractor Service, General means a Use which provides Building and road construction services including concrete, electrical, excavation, drilling, plumbing and heating or similar services of a construction nature which requires either indoor or outdoor storage and warehouse space. Any sales, display, or Office areas shall be Accessory to the Principal General Contractor Services Use only. Contractor Service, Limited means a Use which provides for the provision of electrical, plumbing, heating, painting and similar Contractor Services primarily to individual households. All required materials used to provide service shall be kept within an enclosed Building with no Accessory manufacturing activities or fleet storage of more than four vehicles being permitted. Convenience Store means a Use of a Building as a retail commercial establishment, not exceeding 150m2 in Gross Floor Area, which supplies groceries and other daily household necessities to area residents or employees. Typical Uses include, but are not limited to, foodmarts, drugstores and variety stores. Craft Brewery/Distillery means a building Used for the production and retail sale of alcoholic beverages where the Use may involve the milling of grain, ride, mail or honey licensed under the Liquor Control and Licensing Act and includes a maximum gross floor area of 1,000 m232. D Deck means an outdoor seating area supported by the ground being more than 0.6m above Finished Grade with no walls except for privacy partitions and railings. The projection of Decks into required Setbacks is regulated in Section 4.2. Density means the total amount of floor space permitted to be constructed on a Lot under the Floor Area Ratio calculation. Derelict Motor Vehicle means an inoperative, physically wrecked or disabled motor vehicle. This does not include, in accordance with the Farm Practices Protection (Right to Farm) Act, derelict 30 Amendment Bylaw No. 2020-025 (December 14, 2020) 31 Amendment Bylaw No. 2020-025 (December 14, 2020) 32 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 2-8 farm vehicles, equipment, implements or parts thereof used in normal farm practice33. Development means any Use or change in Use, construction, building, erection, installation, repair, alteration, addition, enlargement, reconstruction, demolition, removal, excavation or moving, locating, relocating, shoring to which the District's Building Bylaw applies or for which Development Permit Approval is required. Development Site means an area of land consisting of a Lot or two or more Abutting Lots. District means the Corporation of the District of Summerland. District Official means the official or officials appointed by the District Council to administer and enforce the provisions of the BC Building Code, the District's Building Regulations Bylaw and this Bylaw and includes a Building Inspector. Dock, means a Structure extending over the water, either floating or fixed to the lake bed that is connected to the shoreline and can be used as a landing or Wharfage place for Watercraft34. Dormer - deleted35 Dormitory means a building containing sleeping units for occupancy by student or staff affiliated with an institution that is primarily of a non-commercial nature and which is regulated by such institution. A dormitory may contain communal kitchen facilities but shall exclude the preparation of meals within individual sleeping units36. Dwelling or Dwelling Unit means one or more rooms which constitute a self-contained unit used or intended to be used for living and sleeping purposes and limited to only one Kitchen or the services for the installation of a Kitchen and at least one bathroom with a water closet, sink, shower or bath. This does not include a sleeping unit, Motel, Hotel, or Recreational Vehicle. A dwelling may contain a Bar37 38. Dwelling, Additional for Farm Help - deleted39 40. E Eating & Drinking Establishment means a Use where food and/or beverages are offered to the public for consumption within the Premises or off site. Typical Uses include, but are not limited to, restaurants, dairy bars, coffee shops, delicatessens, and licensed drinking establishments. Education Service means a facility for instruction and education. Typical Uses include, but are not 33 Amendment Bylaw No. 2022-009 (April 25, 2022) 34 Amendment Bylaw No. 2016-028 (October 24, 2016) 35 Amendment Bylaw No. 2020-025 (December 14, 2020) 36 Amendment Bylaw No. 2017-021 (August 28, 2017) 37 Amendment Bylaw No. 2019-027 (October 15, 2019) 38 Amendment Bylaw No. 2022-009 (April 25, 2022) 39 Amendment Bylaw No. 2020-025 (December 14, 2020) 40 Amendment Bylaw No. 2022-023 (August 22, 2022) Summerland Zoning Bylaw 2000-450 2-9 limited to, public and separate schools, language schools, art schools, community colleges, universities and technical, trade and vocational schools. Equipment Rental means a Use which provides for the storage and rental of tools, appliances, Office machines, furniture and construction equipment, but does not include the rental of motor vehicles. F Farm Equipment, Supplies, and Sales means premises used for the sale or rental of farm equipment, machinery, farm supplies, and/or products required to complete farming operations and activities on agriculture zoned properties41. Farm Home Plate means a contiguous residential footprint area within a defined perimeter on a Lot that contains all Principal and Accessory Uses, Building and Structures associated with residential Use, but excludes Temporary Farm Worker Accommodation42 43. Farm Unit means an area of land used for a farm operation consisting of one or more Lots that may be owned, rented or leased, which form and are managed as a single farm44. Fence means a constructed barrier of any material or combination of materials erected vertically to provide visual screening or prevent vehicular or pedestrian access. A Fence does not include trees, a Landscaped Strip, a landscape screen, or a retaining wall. Financial Service means a Use provided by a bank, trust company, credit union, or related Business. Fleet Service means the Use of a Lot for a fleet of vehicles for the delivery of persons, goods or services where such vehicles are not available for sale or long term lease. Typical Uses include, but are not limited to, messenger services, courier services and taxi operations. Floor Area, Gross means the total floor area of all Storeys of all Buildings or Structures with a clear ceiling Height of 1.8m or more, measured from the exterior walls. The Gross Floor Area maximum does not include Carriage Houses and enclosed or covered off-Street parking areas up to 46m2 in area, enclosed garbage or refuse areas, enclosed off-Street loading spaces, floor areas devoted exclusively to mechanical or electrical equipment, Basements, Lofts, unenclosed Balconies and Decks and interior stairways45. Floor Area Ratio (FAR) means the quotient of the Gross Floor Area of all Buildings or Structures on a Lot divided by the Lot Area in the RSD1(i), RSD1, RSD2, RSD3 and RDH zones; and divided by the Net Lot Area in all other zones, of that Lot. Foreshore means the Crown-owned land located between the high and low water marks of a 41 Amendment Bylaw No. 2020-025 (December 14, 2020) 42 Amendment Bylaw No. 2020-025 (December 14, 2020) 43 Amendment Bylaw No. 2022-023 (August 22, 2022) 44 Amendment Bylaw No. 2022-009 (April 25, 2022) 45 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 2-10 stream, river or lake. Frontage - deleted46 Fruit Stand means an Accessory Building or Structure used for Agricultural Retail Sales47. Funeral Home means a Premises used for the preparation of the dead for burial or cremation and the holding of funeral services, but shall not include facilities for cremation. G Gas Bar means a Use which provides for the sale of motor fuels, lubricating oils and vehicle fluids and may contain a Convenience Store but does not include any facility for the servicing, repair or maintenance of vehicles. General Industrial Use means a Use which provides for the manufacturing, processing, assembling, fabricating, storing, transporting, distributing, testing, servicing or repairing of goods, materials, or things, excluding abattoirs and the processing of concrete and asphalt, and may include Accessory Office and Retail Store Uses. Typical Uses include, but are not limited to, processing of new materials, the manufacturing or assembly of semi-finished or finished goods, products or equipment; the storage, cleaning, servicing, repairing or testing of materials, goods and equipment; terminals for the storage of transhipping of materials, goods and equipment; and the distribution and sale of materials, bulk goods and equipment to Businesses for their own Use or resale to the general public at other locations48. Government & Utility Service Use means a Use which provides for the essential utility servicing of the District with water, sewer, electrical, natural gas, telephone, and/or similar utilities where such utilities are established by the District, by another government body or by a company operating under the Public Utilities Act. This Use does not include Storage Yards. Grade means the elevation of the land adjoining the exterior wall of a building49. Grade, Approved means the grading elevation as identified on a lot grading plan, or where no such plan has been approved by the District, the Natural Grade elevation existing prior to construction which may include fill materials placed on the lot to raise the grade elevation up to, but not above, the Natural Grade elevation of adjacent lots50. 46 Amendment Bylaw No. 2020-025 (December 14, 2020) 47 Amendment Bylaw No. 2020-025 (December 14, 2020) 48 Amendment Bylaw No. 2013-008 (April 29, 2013) 49 Amendment Bylaw No. 2019-031 (October 28, 2019) 50 Amendment Bylaw No. 2019-031 (October 28, 2019) Summerland Zoning Bylaw 2000-450 2-11 Grade, Average Building, for the purpose of determining the First Storey or Height of a Building or Structure, means the mathematical average of Approved Grade measured at each of the outermost exterior corners of a Building51. Average Building Grade = average (a,b,c,d,e,f,g) Grade, Building - deleted52 Grade, Finished means the level of finished ground abutting a Building, Structure, or retaining wall, excluding any localized depressions or mounds. For the purposes of this Bylaw, a Finished Grade cannot exceed a 2:1 ratio except where engineered for slope stability53 54. Grade, Natural, means the elevation of the ground surface in its natural state, before human alteration55. Greenhouse and Plant Nurseries means premises Used primarily for the cultivation, storage and sale of produce, bedding, household and ornamental plants, trees, bushes, sod and related materials and may include the accessory sale of landscaping and gardening products and gardening materials such as tools, soil, and fertilizers. This Use does not include landscaping, excavating or soil processing businesses or operations56. Group Home, Major means the Use of land, Buildings, and Structures for the provision of care, as defined by the Community Care and Assisted Living Act, for more than six residents, excluding staff, which are vulnerable because of family circumstances, age, disability, illness or frailty, and are dependent on caregivers for continuing assistance or direction. Specific Use regulations for Group Homes are in Section 7.8. Group Home, Minor means the Use of a Single Detached House for the provision of care, as defined by the Community Care and Assisted Living Act. The character of the Use is that the occupants live with the facility operators as a single household group using a common Kitchen. Specific Use regulations for Group Homes are in Section 7.8. 51 Amendment Bylaw No. 2020-025 (December 14, 2020) 52 Amendment Bylaw No. 2020-025 (December 14, 2020) 53 Amendment Bylaw No. 2019-031 (October 28, 2019) 54 Amendment Bylaw No. 2022-009 (April 25, 2022) 55 Amendment Bylaw No. 2019-031 (October 28, 2019) 56 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 2-12 H Hard Surfacing means a durable ground surface, constructed of cast-in-place concrete, brick or concrete unit pavers, turfstone, asphalt or similar materials but excludes gravel, sand and clay. Health Service means the provision of physical and mental Health Services on an outpatient basis. Typical Uses include, but are not limited to, medical and dental Offices, chiropractoric Offices, health clinics and mental health counselling services. Height, when used with reference to a Building or Structure, means the vertical distance measured from the Average Building Grade to the highest point of a non-sloping roof, or the mid- point of a sloping roof57. Highway means a public Street, road, or other public way which provides principal access to a Lot. Home Occupation means an occupation, Business, or professional practice conducted for remuneration and contained entirely within a Dwelling or its Accessory Buildings which is clearly subordinate to the Principal Use as a Dwelling and where the proprietor is also a resident of the Dwelling where the Home Occupation occurs. This does not include Uses such as Automotive & Equipment Repair Shops, Autobody Repair Shops, Eating & Drinking Establishments, Commercial Kennels, Veterinary Clinics, Animal Shelters (Major and Minor), Group Homes, Child Care Centres, Health Services, Retail Cannabis Sales, and Cannabis Production. Specific Use Regulations for Home Occupations are in Section 7.658. Hotel means a Use which provides exclusively for the temporary accommodation of the travelling public. Access to guestrooms is by way of interior corridors connected to a main lobby that contains a central check-in facility. The Hotel may include Eating & Drinking Establishments, banquet/meeting rooms, General Retail Stores or boutiques, beer and wine stores, personal service facilities and Indoor Recreational Services or fitness centres. Housing, Apartment means a Building comprised of more than four Dwellings which have principal access from a common interior corridor, and which are not Townhouses59. Housing, Cluster means a cluster of residential Buildings comprised of not less than four Dwelling units and may contain a mix of Single Detached Housing, Duplex Housing, Multi-Unit Housing and Manufactured Housing - Type 160. Housing, Duplex means a Building containing two Dwellings divided horizontally or vertically by a common party wall, and each Dwelling having a separate, but not necessarily at Grade, exterior entrance. Housing, Employee means a Dwelling unit Accessory to a non-residential Principal Use, intended for occupation by an employee of the Principal Use, such as a manager, watchman, or caretaker. Housing, Manufactured means a Building containing one Dwelling for occupancy by one 57 Amendment Bylaw No. 2019-031 (October 15, 2019) 58 Amendment Bylaw No. 2018-026 (October 18, 2018) 59 Amendment Bylaw No. 2013-003 (March 11, 2013) 60 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 2-13 household, built in a factory environment in one or more sections, intended to be occupied in a place other than its manufacture. All manufactured homes shall be constructed to either the CAN/CSA A277 (Modular Home) standard or CAN/CSA Z240 (Mobile Homes). Housing, Manufactured - Type 1 means a manufactured home constructed to the CAN/CSA A277 (Modular Homes) standard, built in two or more sections to be assembled on a permanent foundation in accordance with the BC Building Code. Housing, Manufactured - Type 2 means a manufactured home constructed to the CAN/CSA Z240 (Mobile Home) standard, capable of being moved from place to place and which conforms to the BC Building Code or the CSA Z240.10.1 standard including skirting. Housing, Manufactured Community means the Use of the land for more than two Manufactured Housing Lots either individually owned or leased. Housing, Manufactured Lot means any surveyed or unsurveyed Lot, which has been shown on a plan or title to be occupied or intended to be occupied by a manufactured house, within a Manufactured Housing Community. Housing, Multi-Unit means a Building containing between two and four Dwelling Units divided horizontally or vertically by a common party wall, and each Dwelling having a separate entrance, but not necessarily at Grade61. Housing, Single Detached means a Principal Building containing one Dwelling. A Secondary Suite can be included in Single Detached Housing where specifically defined as an Accessory Use in this Bylaw. Housing, Single Detached does not include Manufactured Housing - Type 262. Housing, Townhouse means a Building containing more than four Dwellings63 where each Dwelling shares at least one party wall, and each Dwelling has a separate, but not necessarily at Grade, entrance. I Industrial High Technology Research and Product Design means the research and/or design, including the manufacture and/or distribution, of products used in the fields of computer software and programming, electronics, telecommunications, aeronautics, precision engineering, robotics, biochemistry, health care, and related industries. Related Industries may include business services such as data storage, provision of server space, and servicing of computer equipment. This use may include up to 25% of the space to be used for an office component64. K Kitchen means facilities intended or used for the preparation or cooking of food, and includes any room or portion of a room containing cooking appliances including, without limitation, stoves 61 Amendment Bylaw No. 2024-011 (June 11, 2024) 62 Amendment Bylaw No. 2020-025 (December 14, 2020) 63 Amendment 2024-011 (June 11, 2024) 64 Amendment Bylaw No. 2013-003 (March 11, 2013) Summerland Zoning Bylaw 2000-450 2-14 or ovens. Plumbing or wiring or provision for a stove or oven constitutes the existence of such appliances. L Landscaped Screen means a landscaped area used to screen and buffer land Uses and is comprised of a dense planting of evergreen vegetation which has a minimum Height of 1.2m at the time of planting and may only be broken for driveways and Walkways. Landscaped Strip means a landscaped area used to physically separate differing land Uses and meets the specifications required in Section 5.4.565. Landscaping means changing, modifying or enhancing the visual external appearance of a Development including reshaping the earth, planting vegetation, adding walks, Patios, Fencing or other ornamental features, and includes the retention of existing trees and plants where appropriate. This does not include Hard Surfaced areas for vehicle parking or the alteration of a site for the purposes of determining Average Building Grade. Landscaping regulations are in Section 5. Live-Work Unit means a Premise for a commercial Use, where an owner or employee of said Principal Use is permitted to occupy a Dwelling within that same Premise66. Loft means an open space located wholly within a sloping roof of a residential Dwelling. Lot means any parcel, block or other area in which land is held or into which it is subdivided, but does not include a Highway. Lot Area means the total horizontal area within the Property Lines of a Lot. Lot Area, Net means, unless defined elsewhere in this Bylaw, the total area of a Lot 67 Lot, Corner means a Lot situated at the intersection of two or more Streets, or a Lot Abutting a Street which substantially changes direction at any point Abutting that Lot. Lot Coverage means the percentage of the Lot Area in the RSD1(i), RSD1, RSD2, RSD3 and RDH zones; and percentage of the Net Lot Area in all other zones, that may be built upon including Accessory Buildings or Structures (including Carports, covered Patios and Decks larger than 23m2) excluding steps, eaves, cornices, cantilevered Balconies and similar projections. Lot Depth means the horizontal distance measured between the midpoints of the Front and Rear Property Lines. Lot, Strata means a lot shown on a strata plan according to the Strata Property Act68. Lot, Through means a Lot bounded on two opposite sides by a Street. Lot Width means the horizontal distance of a Lot measured between the Side Property Lines at the minimum Front Setback. 65 Amendment Bylaw No. 2020-025 (December 14, 2020) 66 Amendment Bylaw No. 2020-025 (December 14, 2020) 67 Amendment Bylaw No. 2024-011 (June 11, 2024) 68 Amendment Bylaw No. 2019-009 (March 11, 2019) Summerland Zoning Bylaw 2000-450 2-15 Lot Coverage Lot Width Lot Depth M Manager of Development Services, or successors in title, means a person appointed by the Chief Administrative Officer to administer this Bylaw69. Marina means a commercial or public establishment, containing docking facilities or mooring facilities where boats and other water vessels are berthed, stored, serviced, constructed or kept for sale or rent. Facilities for the sale of marine fuels, lubricants, and liquids; accessory boating retail sales; and wastewater pumping facilities may also be provided. Motel means a Use which provides exclusively for the temporary accommodation of the travelling public. Access to each guestroom is directly from the outside and the required parking is located at Grade. Each guestroom may include a Kitchen. The Motel may also include indoor or outdoor pools, an Eating & Drinking Establishment, and Employee Housing. Moorage, means the tying of a Watercraft to a Buoy70. N 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 visual, and so long continued in all ordinary years as to mark the soil of the bed of the body of water and also includes the edge of dormant side channels of any lake, river, stream or other body of water. Natural Resource Extraction includes the quarrying, processing, removal and sale of sand, gravel, earth or mineralized rock found on or under the Lot. O Office means a Use which provides for the provision of professional, management, administrative or consulting services in an Office setting. Typical Uses include, but are not limited to, the Offices 69 Amendment Bylaw No. 2020-025 (December 14, 2020) 70 Amendment Bylaw No. 2016-028 (October 24, 2016) Summerland Zoning Bylaw 2000-450 2-16 of lawyers, accountants, travel agents, real estate and insurance firms, investment planners, clerical and secretarial agencies. This Use does not include Financial Services. Outdoor Park means any public outdoor land specifically for passive or active recreation including tot-lots, playgrounds, walkways, trails, environmentally sensitive areas, band shells, forest reserve, wildlife sanctuary, greenbelts, conservation areas, buffers, nature interpretation areas, and similar land uses. It includes all natural and man-made landscaping, facilities, playing fields, access, trails, buildings and structures consistent with the general purpose of public park land71. P Parking Lot means a Use of a Building or Lot or part of a Lot for the temporary parking of more than one vehicle by customers, residents, employees and/or the public at large. Parking Space means an off-Street space of the size and dimensions to park one vehicle in conformance with Section 6 of this Bylaw exclusive of driveways, aisles, loading spaces, ramps or obstructions. Patio means a surfaced open space meant for support of people or materials, located at or less than 0.6m above Finished Grade. The projection of Patios into required Setbacks is regulated in Section 4.2. Personal Service Establishment means a Use which provides personal services to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects. Typical Uses include, but are not limited to, barber shops, beauty salons, acupuncture clinics, massage therapists, tailors, dress makers, shoe repair shops, laundry and dry cleaning establishments but do not include Health Services. Place of Worship means a Use by members of a religious faith for meetings, study and worship and may include manses or rectories and recreational, social, charitable, philanthropic, cultural, or educational activities. Porch means a roofed Structure projecting from the exterior wall of a Building with walls which open or are screened to facilitate Use as a seasonal outdoor living area. The projection of Porches into required Setbacks is regulated in Section 4.2. Premise means that part of a Building being used to carry on a Business. Primary Residence means the dwelling unit that a person resides in for the majority of the year and declares for legal purposes as their principal home. For the purposes of this bylaw, a person cannot have more than one Primary Residence within the District of Summerland72. Principal Use means the main or primary Use of land, Buildings or Structures which is provided for in the list of permitted Principal Uses in the zones of this Bylaw. Property Line means a legal boundary of a Lot. Property Line, Exterior Side means a Property Line other than a Front or Rear Property Line and is 71 Amendment Bylaw No. 2020-025 (December 14, 2020) 72 Amendment Bylaw No. 2021-048 (February 28, 2022) Summerland Zoning Bylaw 2000-450 2-17 separating the Lot from the Flanking Street or across route in a bare land strata plan. Property Line, Front means the Property Line separating the Lot from the Street or highwater mark of a river or lake, and: (a) on a Corner Lot or Through Lot, the shortest Property Line Abutting a Street shall be deemed the Front Property Line, and (b) where a lot Abuts both a Street and the high-water mark of a river or lake, the Property Line Abutting the high-water mark shall be considered the Front Property Line73. Property Line, Interior Side means a Property Line other than a Front, Rear, or Exterior Side Property Line. Property Line, Rear means the Property Line or point of intersection of the Side Property Lines farthest from and opposite to the Front Property Line. a = Front Property Line; b = Exterior Side Property Line; c = Rear Property Line; d = Interior Side Property Line Property Line, Strata means a legal boundary of a Strata Lot74. Protective and Emergency Service means a Use which provides emergency services to the general public. Typical Uses include, but are not limited to, fire, police and ambulance stations. R Recreation, Openland means a Use of a natural landscape for low-impact recreational activities that are consistent with the preservation and protection of natural areas in the community and includes the Development of trails. Recreational Service, Indoor means a Use contained wholly within an enclosed Building for sports and active recreation where patrons are predominantly participants. Typical Uses include, but are not limited to, athletic Clubs, health and fitness Clubs, swimming pools, curling Clubs, hockey rinks and racquet Clubs. 73 Amendment Bylaw No. 2020-025 (December 14, 2020) 74 Amendment Bylaw No. 2019-009 (March 11, 2019) Summerland Zoning Bylaw 2000-450 2-18 Recreation Service, Outdoor means a Use available to the general public for sports and active recreation conducted outdoors. Typical Uses include, but are not limited to, golf courses, ball fields, athletic fields, and lawn bowling facilities. Recreational Vehicle means a vehicle which provides sleeping and other facilities for short periods of time while travelling or vacationing, designed to be towed behind a motor vehicle or self- propelled, and which includes such vehicles commonly known as tent trailers, travel trailers, campers, coaches, motorized homes or other similar vehicles. Recreational Vehicle Sales means the retail sale or rental of new or used Recreational Vehicles, bicycles, motorcycles, snowmobiles, boats or similar light recreational equipment, together with maintenance services, storage, and sales of parts75. Recreational Water Activities means leisure activities that could not take place in areas other than the water. Examples include but are not limited to jet skiing, fishing, water skiing, Boating, swimming, and diving. Recreational water activities do not include residential or commercial facilities76. Recycle Drop-Off Centre means a Use which provides for the collection and temporary storage of recyclable materials which are periodically removed and taken to a permanent recycling facility for final processing. This does not include Recycling Depots. Recycling Depot means a Use which provides for the buying, collecting, sorting and temporary storage of bottles, cans, newspapers and similar household goods for reuse where all storage is contained within an enclosed Building. This does not include Recycle Drop-Off Centres. Research Centre and Laboratory means premises used for the research, testing and analyzing of agriculture products, strains, chemicals, and other goods for research purposes only. This use does not include the retail sale of researched products77 Retail Store, Licensed Cannabis means a Use, that is a provincially licensed premises where recreational cannabis products, obtained from the BC Liquor Distribution Branch, are offered for sale at retail to the general public, in accordance with applicable provincial and federal regulations and enactments, and does not include medical Cannabis products78. 75 Amendment Bylaw No. 2020-025 (December 14, 2020) 76 Amendment Bylaw No. 2020-025 (December 14, 2020) 77 Amendment Bylaw No. 2020-025 (December 14, 2020) 78 Amendment Bylaw No. 2018-026 (October 18, 2018) Summerland Zoning Bylaw 2000-450 2-19 Retail Store, General means a use where goods, merchandise and other materials are offered for sale at retail to the general public. Typical Uses include, but are not limited to, grocery, hardware, pharmaceutical, appliance, sporting goods stores, and alcohol sales. This Use excludes warehouse sales, sale of gasoline, heavy agricultural, industrial equipment sales, and cannabis sales79. S Secondary Suite means a self-contained, Dwelling located within a Single Detached House, Duplex Housing unit, Multi-Unit Housing unit or Townhouse unit. Specific Use regulations for Secondary Suites are in Section 7.380. Service Station means a Use which provides for the servicing, washing or maintenance of vehicles, and the sale of motor fuels and lubricants, other vehicle petroleum products, and a limited range of vehicle parts and accessories. Specific Use regulations for Service Stations are in Section 7.9 Setback means the distance between a specified property line and a building or structure81. Shopping Centre means a Use whereby one or more Buildings containing more than six Premises exceeding 2,500m2 of Gross Floor Area share common services, parking and other facilities on one or more Lots. Short-Term Rental means the use of a dwelling unit for the temporary accommodation (less than 90 consecutive days) of the travelling public for remuneration. Specific Use regulations for Short- Term Rentals are in Section 7.282. Site Triangle means the triangular space formed by the Front and Exterior Side Property Lines of a Corner Lot or Property Lines of a Lot abutting a Street and lane intersection and a line drawn from a point on one Property Line to a point on the other Property Line, each such point being 7.0 m from the point of intersection of the Property Lines. Landscaping within the Site Triangle is regulated in Section 5.3.183. Solar Energy Devices means any device used to collect sunlight that is part of a system used to convert radiant energy from the sun into thermal or electrical energy84. Storage Yard means a Use which provides for the outdoor storage of equipment, goods and materials where such storage of goods and materials does not always involve the erection of permanent Buildings or Structures or require major alterations to the existing state of the land. 79 Amendment Bylaw No. 2020-025 (December 14, 2020) 80 Amendment Bylaw No. 2024-011 (June 11, 2024) 81 Amendment Bylaw No. 2019-001 (February 11, 2019) 82 Amendment Bylaw No. 2024-011 (June 11, 2024) 83 Amendment Bylaw No. 2022-009 (April 25, 2022) 84 Amendment Bylaw No. 2018-033 (December 10, 2018) Setbacks a = Front Setback b = Rear Setback c = Exterior Side Setback d = Interior Side Setback Summerland Zoning Bylaw 2000-450 2-20 Typical Uses include, but are not limited to, pipe yards, contractor yards or utility works yards. Storey means that part of a Building other than a Basement or Loft which is situated between the top of any floor and the top of the next floor above it and if there is no floor above it, that portion between the top of such floor and the ceiling above it. Storey, First means the lowest Storey which has a finished floor elevation not more than 1.2 m above the Average Building Grade. Street means a Highway other than a lane which affords the principal access to a Lot. Street, Flanking means a Street that Abuts an Exterior Side Property Line. Structure means a construction of any kind whether fixed to or supported by or sunk into land or water including, but not limited to, towers, flag poles, swimming pools, Docks, signs and tanks, but excluding areas of Hard Surfacing. T Tandem Parking means two Parking Spaces, one behind the other, with a common or shared point of access to a driving aisle or Highway. Temporary Farm Worker Accommodation means a Use within a Building or Buildings designated specifically to provide temporary housing for seasonal farm workers employed by a farm operation on the Lot or a Farm Unit where the Lot forms part of the farm operation. Temporary Farm Worker Accommodation may include sleeping facilities, bathrooms, communal kitchen facilities and other common areas. Specific Use Regulations for Temporary Farm Worker Accommodation are in Section 7.1385 86. Theatre means a Use contained wholly within an enclosed Building designed specifically for the presentation of live performances or the showing of motion pictures. Typical Uses include, but are not limited to, cinemas, and performing art and concert halls. U Urban Containment Boundary means the urban growth boundary established in the District's Official Community Plan, and amended from time to time87. Urban Services, Full means the provision of utility infrastructure consisting of a community water system, a community sanitary sewer collection system, an Abutting paved Street and electrical and/or gas connection capabilities. Use means the purposes for which land or a Building, or a Structure is arranged or intended, or for which either land, a Building, or a Structure is, or may be, occupied and maintained. V 85 Amendment Bylaw No. 2020-025 (December 14, 2020) 86 Amendment Bylaw No. 2022-009 (April 25, 2022) 87 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 2-21 Vehicle mean any vehicle as defined in the Motor Vehicle Act88 Veterinary Clinic means a Use which provides for the medical and surgical treatment for domestic pets, animals and birds which shall include indoor short-time boarding of pets during the period of medical treatment89. W Walkway means a right-of-way intended to accommodate pedestrian movements, except that a Walkway may be designed to accommodate occasional access for emergency vehicles. Warehouse Sales Establishment means a Use which provides for the wholesale or retail sale of a limited range of bulky goods from within an enclosed Building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer. Typical Uses include, but are not limited to, the sale of furniture, carpet, major appliances, and building materials. This Use does not include a General Retail Store or an Eating or Drinking Establishment. Watercraft, means a motor boat, sail boat, jet ski, canoe, kayak or other means of transportation supported by water90 Watercourse means any natural depression with visible banks, which contains water at some time, and includes any lake, river, stream, creek, spring, ravine, swamp, gulch, coulee, wetland, or surface source of water, whether containing fish or not, including intermittent streams, and drainage works which contain fish. Wharfage, means the tying of a water craft to a dock91. Winery & Cidery means a winery or cidery licensed under the Liquor Control and Licencing Act to produce wine or cider. It may include the processing, storing and retail sales of the wine or cider produced, tours and tastings, and an Eating & Drinking Establishment92. Wrecking Yard means a Use which provides for the collection, demolition, dismantlement, storage, salvage, recycling or sale of waste materials including scrap metal, vehicles, parts, machinery and other discarded materials. Y Yard, Exterior Side means the entire area between the front and rear property lines extending from the exterior side property line to the nearest wall or supporting member of a Principal Building or Structure93. Yard, Front means the entire area between the Side Property Lines 88 Amendment Bylaw No. 2024-011 (June 11, 2024) 89 Amendment Bylaw No. 2000-459 (November 14, 2011) 90 Amendment Bylaw No. 2016-028 (October 24, 2016) 91 Amendment Bylaw No. 2016-028 (October 24, 2016) 92 Amendment Bylaw No. 2022-009 (April 25, 2022) 93 Amendment Bylaw No. 2019-001 (February 11, 2019) Summerland Zoning Bylaw 2000-450 3-22 extending from the front property line to the nearest wall or supporting member of a Principal Building or Structure. Yard, Interior Side means the entire area between the Front and Rear Property Lines extending from the Side Property Line to the nearest wall or supporting member of a Principal Building or Structure94. Yard, Rear means the entire area between the Side Property Lines extending from the Rear Property Line to the nearest wall or supporting member of a Principal Building or Structure95. Yard, Side - deleted96 Zone means the areas into which the District is divided in accordance with the map(s) attached as Schedule "B" of this Bylaw and for which specific regulations are outlined herein for each area 3 Establishment of Zones 3.1 Establishment of Zones 3.1.1 The area of the District of Summerland shall be divided into zones identified in Column 2 of Table 3.1. 3.1.2 The correct name of each zone provided for in this Bylaw is set out in Column 2 of Table 3.1 with the corresponding general zoning category contained in Column 1 of the same Table. Table 3.1: Establishment of Zones97 Column 1 Column 2 Agricultural Zones A1 Agricultural Small Acreage Zone A2 Agricultural Large Acreage Zone Rural Residential Zones CR1 Country Residential Zone 94 Amendment Bylaw No. 2019-001 (February 11, 2019) 95 Amendment Bylaw No. 2019-001 (February 11, 2019) 96 Amendment Bylaw No. 2019-001 (February 11, 2019) 97 Amendment Bylaw No. 2022-009 (April 25, 2022) Yards a: Front Yard b: Rear Yard c: Exterior Side Yard d: Interior Side Yard Summerland Zoning Bylaw 2000-450 3-23 Urban Residential Zones RU1 Residential Urban Infill Zone RU2 Residential Urban Zone RU3 Residential Sub-Urban Zone RMD Residential Medium Density Zone RHD Residential High Density Zone RMH Residential Manufactured Housing Zone Commercial Zones CN Neighbourhood Commercial Zone CT1 Tourist Commercial Zone CH Highway Commercial Zone CT2 Campground Zone CB1 Central Business Zone CB2 Shopping Centre Zone CM Heavy Commercial Zone MX1 Mixed Use Zone Industrial Zones M1 Light Industrial Zone M1A Business Industrial Zone M2 Heavy Industrial Zone M3 Agri-Industrial Zone M4 Resource Industrial Zone Parks, Openland and Institutional Zones PR1 Parks and Recreation Zone FG Forestry Grazing Zone PP Preservation & Protection Zone I Institutional Zone Water Zones98 WZ1 Recreational Water Use Zone 1 WZ2 Recreational Water Use Zone 2 WZ3 Intensive Water Use Zone Site Specific CD Comprehensive Development Zone 98 Amendment Bylaw No. 2016-028 (October 24, 2016) Summerland Zoning Bylaw 2000-450 3-24 3.2 Zone Boundaries 3.2.1 The location of each zone is defined on Schedule "B" of this Bylaw entitled "District of Summerland Official Zoning Map" which is attached to and forms part of this Bylaw. 3.2.2 The boundaries of a zone shown on Schedule "B" shall be interpreted as follows: (a) where the zone boundary follows a Highway, pipeline, powerline, utility right- of-way, railway line, or easement, it follows the centreline, unless otherwise clearly indicated on the map; (b) where the zone boundary is shown as approximately following the District boundary or a Property Line, it follows the District boundary or Property Line; (c) where the zone boundary is shown as following a topographic contour line or a geographic feature, it follows that line. In the event of change of the topographic contour line or geographic feature, it shall move with that line; (d) where the zone boundary is shown as approximately following the edge of a Natural Boundary of a Watercourse, it follows the Natural Boundary. In the event of change in the Natural Boundary of a Watercourse, it shall move with the Natural Boundary; (e) where a zone boundary is shown as approximately following the Agricultural Land Reserve boundary, it follows that boundary; and (f) in circumstances not covered by any of the above statements, the zone boundary shall be determined by scaling the zoning map. 3.3 Undersized Lots 3.3.1 Where a Lot is reduced in size as a result of taking for public Use by the District, provincial or federal government, or a public utility by dedication, expropriation, or purchase, the Lot, Buildings and Structures thereon are deemed to conform with the provisions of this Bylaw and the Lot shall be considered to exist as it did prior to the taking. 3.3.2 Minimum Lot Area and minimum Lot Width for subdivision requirements of this Bylaw do not apply to lot consolidations or lot line adjustments provided that: (a) no additional Lot is created; (b) the altered lot line does not infringe on required setbacks for a Building or Structure; and (c) the Lot Area or Lot Width are no smaller than the smallest Lot prior to the alteration99. 3.4 Uses and Regulations 99 Amendment Bylaw No. 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 4-25 3.4.1 Subject to Section 3.3.1, all Uses, Buildings and Structures in each zone shall be in accordance with the Uses and regulations applying in that zone, as well as all other regulations and requirements of the Bylaw. 4 General Regulations 4.1 Uses Permitted in All Zones 4.1.1 The following Uses are permitted in all zones: (a) Government and Utility Service Uses; (b) Highways; (c) parks; (d) conservation areas; and (e) Urban Agriculture. 4.2 Projections into Setbacks 4.2.1 No Building or Structure other than the following shall be located in the Setbacks required in this Bylaw. This section is not applicable to the setbacks stated in Section 4.7.1 - Setbacks from Highways and Major Streets: (a) chimneys, cornices, leaders, eaves, gutters, pilasters, belt courses, sills, bay windows and similar features may project into a required Setback provided such projections do not exceed 0.6m measured horizontally (a, b, c, and d in the figure below); (b) fencing and retaining walls subject to the regulations of this Bylaw; (c) unenclosed Decks, above grade patios, Balconies, Porches or steps, Canopies, Awnings and Solar Energy Devices may project into a required Setback provided such projections do not exceed 1.5 m in the case of a Front Yard or an Exterior Side Yard (b and c in the figure below); 0.6 m in the case of an Interior Side Yard (c in the figure below); or 2.0 m in the case of a Rear Yard (d in the figure below)100101; (d) ramps providing an accessible route for individuals with disabilities with a slope greater than 1:20 but not more than a slope of 1:12 and constructed in accordance with the British Columbia Building Code; and (e) utilities, cisterns, storage tanks, underground parking and similar Structures constructed entirely beneath the surface of the ground may project into the required Interior Side or Rear Setbacks provided such underground projections are covered by sufficient soil depth to accommodate Landscaping and/or are 100 Amendment Bylaw No. 2015-009 (May 11, 2015) 101 Amendment Bylaw No. 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 4-2 Hard Surfaces to accommodate access needs. Projections into Setbacks 4.3 Height of Buildings and Structures 4.3.1 Any of the following Structures may exceed the maximum Height regulations of this Bylaw: (a) chimneys; (b) Place of Worship spire, belfry, steeple, dome, cupola; (c) communication towers, antennas or masts; (d) transmission towers; (e) utility poles; (f) mechanical appurtenances constituting not more than 10 percent of the total roof area of a Building provided that the appurtenance is screened; (g) flagpoles for federal, provincial or municipal flags; and (h) farm silos for the storage of Agriculture Products or wind machines intended for frost protection and not the generation of electricity. (i) Solar Energy Devices102 4.3.2 Where a rooftop patio is proposed the Height of the Building shall be measured to the top of the guard rail, privacy wall, or other appurtenances not exempt under Section 4.3.1.103 102 Amendment Bylaw No. 2018-033 (December 10, 2018) 103 Amendment Bylaw No. 2019-031 (October 28, 2019) Summerland Zoning Bylaw 2000-450 4-3 4.4 Heritage Designated Buildings 4.4.1 Heritage designated Buildings shall be subject to Part 15104 of the Local Government Act. 4.5 Accessory Buildings and Structures 4.5.1 Where a Building or Structure on a Lot shares an integrated roof Structure with the principal Building on the Lot and has not more than 9.5m between their closest exterior walls, it is part of the principal Building and is not an Accessory Building. 4.5.2 Shipping/cargo containers defined as a prefabricated metal container or box specifically constructed for the transport of goods by rail, ship, or transport truck are not permitted within residential zones and agricultural zoned properties less than 1.0 Ha in size105. Previous sections 4.5.3, 4.5.4, and 4.5.6 - deleted106 4.5.3 Accessory Buildings and Structures may not contain Bedrooms, Kitchen, or sleeping facilities unless they are a Carriage House, Multi-Unit Housing or Temporary Farm Worker Accommodation, except as expressly permitted in this Bylaw107. 4.5.4 A permanent Accessory Building or Structure may be erected only after a principal Building has been completed on the same Lot, except where that Accessory Building or Structure is a Carriage House intended for temporary living accommodation during the construction of the principal Building, provided that a Building Permit has been issued for both the principal Building and Carriage House. 4.5.5 For Accessory Buildings and Structures that contain a garage door that faces a rear lane, the Accessory Building shall have a setback from the Rear Property Line that is less than 1.5 m or greater than 6.0 m.108 4.6 Vehicle Storage 4.6.1 Exterior storage or parking of more than two (2) unlicensed Vehicles is prohibited in all zones, except for109: (a) Industrial Zones (b) Agricultural zoned properties greater than 1.0 Ha in size (c) The following Uses in Commercial Zones i. Autobody Repair Shop 104 Amendment Bylaw No. 2020-025 (December 14, 2020) 105 Amendment Bylaw No. 2024-011 (June 11, 2024) 106 Amendment Bylaw No. 2019-031 (October 28, 2019) 107 Amendment Bylaw No. 2024-011 (June 11, 2024) 108 Amendment Bylaw No. 2020-025 (December 14, 2020) 109 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 4-4 ii. Automobile Sales & Rentals iii. Automotive & Equipment Repair Shop 4.6.2 Exterior storage or parking of a Derelict Motor Vehicle for more than 30 consecutive days is prohibited in all zones, except in conjunction with a Wrecking Yard, or Autobody Repair Shop110. 4.7 Setbacks from Highways and Major Streets 4.7.1 All Buildings and Structures shall be located a minimum distance of 15.0m from any Property Line Abutting Highway #97. 4.7.2 All Buildings and Structures on Lots Abutting a Street designated as part of the Major Street Network Plan in the District's Official Community Plan shall have a Building line Setback of not less than the amount equal to the Setback required within the zoning of the Lot plus any amount specified as being required by the District's Subdivision and Development Servicing Bylaw to widen the Street in the future. 4.8 Swimming Pools and Artificial Bodies of Water 4.8.1 Swimming pools, wading pools, fish ponds and other artificial bodies of water, with a depth of more than 0.6m at any point, and an area larger than 5.0m2 in area: (a) shall not be located in any Front Yard or Exterior Side Yard; (b) shall be sited not less than 1.8m from any Interior Side Property Line and Rear Property Line; (c) deleted111 4.9 Building Envelope 4.9.1 No Residential Lot shall be created unless it contains a Building envelope with minimum area of 100 m2. Properties zoned RU1 Residential Urban Infill Zone, are exempt from the requirement to have a 100 m2 building envelope. The Building envelope must be located such that it does not encroach into the Property Line setbacks as required under the provisions of this bylaw.112 4.10 Setbacks for Strata Subdivisions113 110 Amendment Bylaw No. 2022-009 (April 25, 2022) 111 Amendment Bylaw No. 2020-025 (December 14, 2020) 112 Amendment Bylaw No. 2024-011 (June 11, 2024) 113 Amendment Bylaw No. 2019-009 (March 11, 2019) Summerland Zoning Bylaw 2000-450 4-5 4.10.1 The setback requirements of the bylaw shall apply to bare land strata lots, exempt in the case of properties zoned Residential Medium Density where bare land strata lot setbacks are defined114. 4.10.2 Where more than one (1) setback requirement may be applied the most restrictive setback shall be required. 4.11 Farm Home Plate115 4.11.1 A Farm Home Plate, where required in this Bylaw, shall comply with the following regulations: (a) Only one (1) Farm Home Plate is permitted on a Lot. (b) A Farm Home Plate shall immediately abut a Highway. (c) Notwithstanding 4.11.1(b), a Farm Home Plate may be located on lands assessed by an agrologist as containing soil conditions not suitable for farming. (d) Notwithstanding 4.11.1(b), an existing Farm Home Plate established for a Dwelling or Dwellings previously constructed on a Lot, shall be permitted to be used so that it remains the Farm Home Plate. (e) No portion of a Dwelling, Accessory Building, Structure, and/or area for residential Use, including but not limited to, lawns, patios, landscaping, parking areas and storage areas, shall extend beyond the Farm Home Plate, except a driveway. (f) The maximum lot coverage for all Buildings and Structures within the Farm Home Plate is 45%. (g) A Farm Home Plate shall include four sides to create a shape typical of a residential Lot. 4.12 Solid Waste Storage Facilities116 4.12.1 The location of a communal garbage and recycling storage space should be: (a) on the lot of the Building or Structure served; (b) in an area such that noise and odour impacts to building occupants and neighbouring developments are minimized; (c) at ground level, or no more than one storey below grade; (d) if not adjacent, the recycling storage space should be close to the garbage storage space. 4.12.2 A communal garbage and recycling storage space should not be located in any of the following positions: (a) in alleys or other publicly owned rights-of-way where it may disrupt traffic circulation patterns; (b) between a street-facing facade of the structure and the street if the area is located outdoors; (c) in any required driveways, parking aisles, or parking spaces for the structure; (d) in any location that may block or impede fire exits, public rights-of-ways or pedestrian and 114 Amendment Bylaw No. 2024-011 (June 11, 2024) 115 Amendment Bylaw No. 2022-023 (August 22, 2022) 116 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 5-6 vehicular access. 4.12.3 Notwithstanding the location specifications of sub-sections 4.12.1 and 4.12.2, any garbage and recycling storage space should be located so as to comply with applicable building codes, fire codes, safety requirements, or other building requirements of the specific municipality. 4.12.4 The collection Vehicle access route for Apartment or Mixed-Use developments, whether intended to be indoors or outdoors, should: (a) be configured in such a way as to allow a collection vehicle to drive up to the loading area, collect the garbage and/or recycling, and leave the site in a forward motion, or via the use of a turnaround area allowing for a three-point turn of not less than one truck length; (b) be situated in a location that will minimize interface with pedestrian traffic and public vehicular access to the building's main parking area, including underground garage and visitor parking area; (c) be constructed to accommodate the weight of a 28-tonne collection vehicle; (d) provide a minimum width of 4.5 m throughout the vehicle access route (e) maintain a minimum vertical clearance of 4.4 m throughout the entire access route; (f) provide the collection vehicle a minimum turning radius of 12.5 m throughout the entire access route; (g) ensure that the slope of the access route does not exceed 6%. 5 Landscaping Regulations 5.1 Landscape Requirements 5.1.1 Screening and Landscaping shall be provided and maintained in accordance with the regulations detailed in the Landscape and Screening Schedule (Table 5.1) of this Bylaw. Where two or more standards apply, the more restrictive requirement shall prevail. 5.1.2 In cases where property is to be developed in phases, Landscaping need only be provided on that portion of the property to be developed in each phase. Landscaping shall be required in each subsequent phase as that property is redeveloped. 5.2 Landscaping and Screening 5.2.1 Where Landscaping is required by this Bylaw, every application for Development shall include a Landscaping plan which illustrates: (a) the location or proposed footprint of all Buildings and Structures on the property; (b) positioning of any vegetation to be retained; (c) proposed plant species including sizes, numbers and locations; Summerland Zoning Bylaw 2000-450 5-7 (d) method of irrigation; (e) the location of all Hard Surfaced areas such as driveways, parking areas and sidewalks; (f) existing or proposed Finished Grades; and (g) site lighting and Fencing. 5.2.2 Any changes to an approved Landscape plan must be authorized by the District's Manager of Development Services or the District's Building Inspector. 5.3 Landscape Restrictions 5.3.1 On Corner Lot or Lot contiguous to a Street and lane intersection, no vegetation in any form shall be allowed at a Height greater than 0.9 m within the Site Triangle117. 5.4 Landscape Standards 5.4.1 For the purposes of this Bylaw, the following surfaces are not permeable: (a) Buildings and Structures with the exception of Buildings and Structures with green roofs that reduce stormwater discharge by more than 25 percent (rate and quantity); (b) asphalt; (c) concrete; and (d) grouted pavers. 5.4.2 Water surfaces of Structures designed to retain water, including swimming pools, reflecting pools, and ornamental ponds, are considered permeable. 5.4.3 For all Landscaped Strips, Landscape Screens, or other landscaped areas required by this Bylaw, the following landscape requirements shall apply: (a) existing landscaped areas of healthy woody plants (trees and shrubs) shall be preserved and protected during construction unless demonstrated to the satisfaction of the Manager of Development Services or Building Inspector that removal is required to accommodate a Use, Building or Structure on the Lot or that the plants pose a safety hazard;. 117 Amendment Bylaw No. 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 5-8 (b) new landscape plantings, required by this Bylaw, shall consist of native xeric or water-conserving herbaceous and/or woody plant species proven to be enduring in the District of Summerland. (c) appropriate means of irrigation, with an emphasis on high-efficiency water reducing systems, shall be provided by the owner of the Lot with particular attention paid to adequate watering during the establishment period to ensure survival of the newly planted areas required by this Bylaw. 5.4.4 Notwithstanding Section 5.4.3(b), landscape screening required Adjacent to the Agricultural Land Reserve may be non-native plant material if required. 5.4.5 For all Landscaping Strips, the following specifications shall apply118: (a) trees shall be planted at a maximum spacing of 5.0m on centre and shall be a minimum of 2.0m in Height at time of planting; (b) shrubs and ground cover shall be provided for a minimum of 50 percent of the Landscaped Strip area; (c) shrubs shall be planted at a maximum spacing of 1.0 m on centre and shall be a minimum 2.0 gallon pot size at time of planting; and (d) the Landscaped Strip may be broken only for driveways and Walkways. 5.4.6 Notwithstanding the regulations contained in Section 5.4.3, the Agricultural Land Commission may require greater Landscaping and screening provisions as part of any application requiring their direct approval.119 Table 5.1: Landscape & Screening Schedule120 118 Amendment Bylaw No. 2020-025 (December 14, 2020) 119 Amendment Bylaw No. 2020-025 (December 14, 2020) 120 Amendment Bylaw No. 2020-025 (December 14, 2020) 121 Amendment Bylaw No. 2000-465 (December 12, 2011) 122 Amendment Bylaw No. 2024-011 (June 11, 2024) Use 121 Location of Landscaping & Screening Requirements Actual Landscape & Screening Requirements All Uses with the exception of Agricultural and Country Residential Uses. 122 Property Lines Abutting lands within the Agricultural Land Reserve. 4.6m wide Landscaped Strip, plus a 1.8m high Fence. All Uses within an industrial zone. Property Lines Abutting all urban or rural residential zoned properties. 4.6m wide Landscaped Strip, plus a 1.8m high Fence. Summerland Zoning Bylaw 2000-450 5-9 5.5 Fences & Retaining Walls123 5.5.1 The Height of a retaining wall shall be measured from the Finished Grade on the lowest side of the wall. 5.5.2 The minimum horizontal separation between retaining walls on the same parcel, as measured from the outer face of each retaining wall, shall be a minimum of two times (2 multiplied by "x" Height) the Height of the lowest retaining wall124. 123 Amendment Bylaw No. 2020-025 (December 14, 2020) 124 Amendment Bylaw No. 2022-009 (April 25, 2022) All off-Street parking or outdoor storage areas within a commercial, industrial, or institutional zone. The entire perimeter of all off-Street parking and/or outdoor storage areas. 3.0m wide Landscaped Strip. Landscape islands within the parking areas shall be provided so as to avoid having more than 20 vehicle Parking Spaces in a continuous row. All Uses in all zones other than the production of agricultural crops. Property Lines Abutting Highway #97. 4.6m wide Landscaped Strip. All commercial Uses in the Trout Creek Development Permit Area as defined in the District's Official Community Plan Property Lines Abutting non- commercial zoned properties. 3.0m wide Landscaped Strip. Outdoor storage facilities for more than five Recreational Vehicles and/or boats in all urban residential zones. Property Lines Abutting a public Highway or neighbouring Lot. 1.6m wide Landscaped Screen or 1.8m high Fence. Autobody Repair Shops, Wrecking Yards and outdoor storage facilities. Surrounding outdoor storage and/or dismantling facilities. 2.4m high Landscaped Screen or Fence. Summerland Zoning Bylaw 2000-450 5-10 5.5.3 Notwithstanding Section 5.5.2, a series of retaining walls may be configured with a horizontal separation of less than 2:1, provided such walls are considered a single retaining wall for the purposes of determining the Height of the retaining wall125. 5.5.4 A retaining wall shall not exceed 2.0 m in Height, except: a) On a Corner Lot or Lot contiguous to a Street and lane intersection, no retaining wall is permitted within the Site Triangle126. 5.5.5 Despite sub-section 5.5.4(a), a retaining wall is permitted within the Site Triangle where the Finished Grade at the base of the retaining wall is lower than the Finished Grade of the abutting Street or lane, and provided no part of the retaining wall extends above the Finished Grade of the abutting Street or lane127. 125 Amendment Bylaw No. 2022-009 (April 25, 2022) 126 Amendment Bylaw No. 2022-009 (April 25, 2022) 127 Amendment Bylaw No. 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 6-11 5.5.6 Except as otherwise specifically stated in this Bylaw: a) no Fence shall exceed 1.8m in Height other than wildlife fencing constructed with wire mesh in agricultural zones which may not exceed 2.4m in Height; b) no Fence situated in the Front Yard or the Exterior Side Yard of any residential or commercial zoned Lot shall exceed a Height of 1.2m; c) no Fence located on a Corner Lot contiguous to a Street or lane intersection shall exceed a Height greater than 0.9m within the Site Triangle; d) no Fence shall be placed closer than 1.8m to the edge of a swimming pool or other artificial body of water; e) no Fence shall use barbed wire except in agricultural and industrial zones; and f) no Fence shall use razor wire. 5.5.7 Fences for Outdoor Recreational Services shall not be limited in Height provided such Fences are constructed of material that permits visibility such as wire mesh. 6 Parking & Loading Regulations 6.1 Vehicle Parking and Loading Provisions 6.1.1 When any new Development is commenced or when any existing Development is enlarged, or Use changed, vehicle parking and loading spaces shall be provided and maintained by the property owner for parking and loading in accordance with the standards of this section. 6.1.2 Where the calculation of the total number of vehicle parking and loading spaces results in a fractional number, the next highest whole number shall be required where such calculation results in a fraction of 0.5 or greater. In no case shall the vehicle parking and loading space provisions be less than 1 space. 6.1.3 Where a particular Development is not specifically identified in terms of its vehicle parking and loading requirements, the Use class or combination of Use classes most representative of the proposed Development shall be used to determine the on-site vehicle parking and loading requirements. 6.1.4 The minimum number of all off-Street vehicle parking and loading spaces shall be in accordance with the Parking & Loading Schedule (Table 6.1) of this Bylaw. Visitor Parking For properties having or proposing direct access to Highway #97, additional vehicle parking and loading spaces may be required in accordance with the Ministry of Transportation and Infrastructure standards. Summerland Zoning Bylaw 2000-450 6-12 Spaces shall be clearly designated as "Visitor Parking". 6.1.5 Notwithstanding Section 6.1.1, no additional parking shall be required in the case of a change of commercial Use in an existing Building within the Central Business (CB1) zone and Downtown Commercial designated areas of the OCP, as long as there is no net increase in the amount of commercial floor area128. Table 6.1: Parking & Loading Schedule129 130 131 - 128 Amendment Bylaw No. 2022-009 (April 25, 2022) 129 Amendment Bylaw No. 2021-048 (February 28, 2022) 130 Amendment Bylaw No. 2022-009 (April 25, 2022) 131 Amendment Bylaw No. 2022-023 (August 22, 2022) Category of Use Required Vehicle Parking Spaces Required Loading Spaces Agriculture, General or Intensive 5 per 100m2 of Gross Floor Area for any packaging, processing or retail sales Buildings including produce stands NIL Category of Use Required Vehicle Parking Spaces Required Loading Spaces Animal Shelters 2 per 100m2 of Gross Floor Area, minimum of 4 NIL Amusement Establishments Art Gallery & Museum Libraries 1 per 40m2 of Gross Floor Area NIL Auctioneering Establishments 5 per 100m2 of Gross Floor Area 1 Autobody Repair Shops 2 per service bay NIL Automobile Sales & Rentals Automotive & Equipment Repair Shops Equipment Rental Farm Equipment, Supplies, and Sales Concrete & Asphalt Plants Recreational Vehicle Sales 2.5per 100m2 of Gross Floor Area 1 per 1,500m2 of Gross Floor Area Summerland Zoning Bylaw 2000-450 6-13 Natural Resource Extraction Recycle Drop-Off Centres Storage Yards Wrecking Yards 2 per Business occupant NIL Broadcasting Studio 2.5 per 100m2 of Gross Floor Area NIL Business Support Services Personal Service Establishments 2.5 per 100m2 of Gross Floor Area NIL Cannery & Packing House Commercial Storage Sawmills Bulk Fuel Depots Warehouse Sales Establishments Wineries & Cideries 0.5 per 100m2 of Gross Floor Area 1 per 1,500m2 of Gross Floor Area Recycling Depots Category of Use Required Vehicle Parking Spaces Required Loading Spaces Child Care Centre, Major 2 per 10 children, minimum of 4 spaces NIL Place of Worship A minimum of one (1) Parking Space for every 10 seats or 6.0 linear meters of pew or bench, or per 20m2 of floor space used for assembly purposes, whichever is greater. 1 Community Recreational Services Recreational Services, Indoor Clubs Theatres 2.5 per 100m2 of Gross Floor Area of assembly Use space 1 Summerland Zoning Bylaw 2000-450 6-14 Contractor Services, General or Limited 2 per 100m2 of Gross Floor Area NIL Convenience Stores Gas Bars Service Stations Car Washes 2.5 per 100m2 of Gross Floor Area and 3 per service bay NIL Eating & Drinking Establishments other than within the CB1 and CB2 zones 1 per 4 seats. Unenclosed outdoor seating used on a seasonal basis is exempt from parking provided that the outdoor seating is not greater than 50 percent of the total number of approved indoor seats. NIL Category of Use Required Vehicle Parking Spaces Required Loading Spaces Education Service, Private or Public 2 per elementary or intermediate classroom; 4 per secondary classroom; 10 per college, commercial school or other post secondary classroom NIL Financial Services Health Services 2.5 per 100m2 of Gross Floor Area NIL Fleet Services 2 per 100m2 of Gross Floor Area; minimum of 3 NIL Funeral Homes 6.0 per 100m2 of Gross Floor Area for chapel, plus 2.5 per 100m2 of Gross Floor Area 1 Summerland Zoning Bylaw 2000-450 6-15 132 Amendment Bylaw No. 2022-009 (April 25, 2022) 133 Amendment Bylaw No. 2024-011 (June 11, 2024) 134 Amendment Bylaw No. 2024-011 (June 11, 2024) General Industrial Uses 1 per 200m2 of Gross Floor Area 1 per 1,500m2 of Gross Floor Area Greenhouses and Plant Nurseries 1 per 1,500m2 of Gross Floor Area NIL Group Homes, Major or Minor 1 per 2 persons licensed occupancy NIL Hospital 1 per 4 beds 1 Hotel 1 per 2 sleeping units 1 Housing - Multi-Unit Housing, Duplex, Townhouse, Apartment132 1 per Dwelling unit;133 For Apartments only, 1 designated visitor Parking Space per 10 Dwelling units. NIL Category of Use Required Vehicle Parking Spaces Required Loading Spaces Housing- Single Detached, or Manufactured 2 per Dwelling unit NIL Housing - Dwelling Units, Apartments located in the Central Business CB1 zone NIL134 NIL Housing - Temporary Accommodation for Farm Help 1 per 3 sleeping units NIL Housing - Secondary Suites, Carriage Houses, Live-Work Unit 1 per Dwelling unit NIL Marinas 1 per 2 boat spaces NIL Motel 1 per sleeping unit NIL Offices, Research Centre and Laboratories, 2.5 per 100m2 of Gross Floor Area 1 per 1,500m2 of Gross Floor Summerland Zoning Bylaw 2000-450 6-16 - 6.2 Designated Parking Spaces 6.2.1 Parking areas shall designate Parking Spaces as parking for persons with disabilities as required by the British Columbia Building Code; 6.2.2 Where Parking Spaces are designated for the Use of motorcycles or scooters, such designated motorcycle/scooter Parking Spaces shall: (a) have a minimum width of 1.4m and a minimum clear length of 2.4m; (b) be marked with both a vertical sign of at least 300mm wide x 450mm high and be centre mounted 1.5m to 2.5m above the surface of the parking area, and have a sign painted on the surface of the parking area, and each sign shall be the sign approved by the Transportation Association of Canada or be approved by the District; (c) each be counted as the provision of 0.5 required vehicle Parking Spaces, to a maximum of 15 percent of required Parking Spaces. 6.2.3 A minimum of 10 percent of the Parking Spaces required according to the Use categories Townhouse Housing and Apartment Housing on Table 6.1, excluding visitor Parking Spaces, shall include receptacles to accommodate Use by electric vehicle charging equipment. 6.3 Shared Parking 135 Amendment Bylaw No. 2021-048 (February 28, 2022) High Technology Research and Product Design Area Recreational Services, Outdoor 1 per golf hole, 0.25 per participant, or 6 per hectare Lot Area, whichever is greater; NIL Retail Stores, General Shopping Centres Fruit Stands 2.5 per 100m2 Gross Floor Area 1 per 1,500m2 Gross Floor Area Short-Term Rental135 1 stall in addition to parking requirements for dwellings NIL Downtown Non-residential Uses (CB1 zones and Downtown Commercial in OCP) 2 per 100m2 Gross Floor Area NIL Summerland Zoning Bylaw 2000-450 6-17 6.3.1 Where a Development Site is occupied by multiple Uses, the off-Street vehicle Parking Space requirements of this Bylaw may be reduced according to the results obtained through the application of the following the steps below: (a) Determine the off-Street vehicle parking requirements for each Use separately, based on the requirements of Table 6.1; (b) Complete a technical analysis of occupancy periods for each Use, from a traffic engineering professional. (c) Calculate the new peak and off-peak off-Street vehicle Parking demand for the Development Site. (d) Submit technical report to the District of Summerland with the total combined shared vehicle parking spots required for the Development Site, based on the requirements of Table 6.1 being met with occupancies provided and hours of operation of each use of the Development Site. (e) In all cases, the District retains the right to received a third party technical review of the analysis completed to determine the shared parking requirement.136 6.4 Fee in Lieu of Parking 6.4.1 In the CB1 - Central Business Zone and the CT - Commercial Tourist Zone described in Column 1 of Table 3.1, the on-site vehicle Parking Space requirements of this Bylaw, for commercial uses, , may be met by payment to the District of Summerland of $13,000 per required off-Street Parking Space pursuant to Parking Reserve Fund Establishment Bylaw 96-037. deleted137 6.5 Vehicle Parking Space Design Standards 6.5.1 deleted138 6.5.2 Unless otherwise permitted in Section 6 of this Bylaw, each vehicle Parking Space shall have a minimum width of 2.6m and a minimum clear length of 5.5m exclusive of access driveways or aisles, ramps and columns. For parallel parking, the length of the Parking Space shall be increased to 7.0m, except that an unobstructed end Parking Space shall be a minimum length of 5.5m. 6.5.3 All access driveways and aisles shall be a minimum of 7.2m wide for 90 degree parking, 5.5m wide for 60 degree parking, 4.0m wide for 45 degree parking and 4.0m wide for 30 degree parking. Where the parking angle is less than 90 degrees, the access driveways or aisles shall be demarcated as one-way. 6.5.4 Parking areas containing four or more vehicle Parking Spaces may designate up to 25 136 Amendment Bylaw No. 2024-011 (June 11, 2024) 137 Amendment Bylaw No. 2024-011 (June 11, 2024) 138 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 6-18 percent of the total vehicle Parking Spaces as small car parking. The small car Parking Spaces shall have a minimum width of 2.5m and a minimum clear length of 4.9m and be clearly designated as "Small Car Parking". 6.5.5 Vehicle Parking Spaces may be configured in tandem for Single Detached Housing, Multi- Unit, and Duplex Housing. Tandem configured Parking Spaces are permitted for all Developments in the CB1 - Central Business Zones provided access to the Parking Spaces is from a public lane. 6.5.6 All parking areas containing more than five vehicle Parking Spaces, shall install curbs or wheel stops to prevent vehicles from overhanging the Property Lines, landscaped areas or walking corridors. 6.5.7 Except for Single Detached Housing, Multi-Unit Housing, Townhousing, or Duplex Housing, the parking layout shall contain adequate provisions to ensure that manoeuvre movements into and out of Parking Spaces is carried out on-site. 6.5.8 Every vehicle parking area shall be graded in a manner so as to contain and dispose of all surface water on-site as approved by the District's Building Inspector. If on-site disposal is not possible, then all surface water must drain to a District storm sewer system or other approved drainage facility. 6.5.9 All parking areas serving Apartment Housing, Cluster Housing, mixed-Use, or non- residential Developments shall: (a) be surfaced with a permanent hard surface of asphalt; concrete; permeable/porous pavement, such as open-jointed pavers, turf/gravel grids or porous concrete/ asphalt; interlocking paving stones, or similar hard surface treatment so as to provide a surface that is durable and dust- free for the purpose intended; (b) be designed with a minimum of one designated pedestrian path from each Abutting Street to the primary entrance(s) to such Buildings. Pedestrian access shall be distinct from the vehicle access, visibly delineated, and designed to be safe and convenient. Specifically, internal pedestrian Walkways shall be distinguished from driving surfaces through the use of raised sidewalks, special pavers, bricks, or scored/stamped coloured concrete or other approved hardscape material; (c) provide and maintain internal shade trees at a minimum ratio of one tree planted for every five Parking Spaces supplied, ensuring that no Parking Space is more than 30m from a tree; and (d) incorporate and maintain landscaped areas within the Parking Lot, including islands at each end of every parking row measuring at least 3.55m by 5.5m. Parking rows may not be longer than 20 Parking Spaces. 6.6 Vehicle Parking Space Location and Access Standards Summerland Zoning Bylaw 2000-450 6-19 6.6.1 All access points to a parking area from a public Highway shall be in accordance with the Summerland Driveway Access Bylaw. Where alternative access to a lane or Flanking Street is available, access may be denied to a collector roadway or other public Highway at the discretion of the Director of Works & Utilities. 6.6.2 For all parking areas containing more than 20 parking stalls, no entrance to an individual Parking Space shall be permitted within 6.0m of the driving lane of the Highway used for access purposes. 6.6.3 For all Uses except for Single Detached Housing, Duplex Housing, or parking areas located within CB1- Central Business Zone, or the CB2 -Shopping Centre Zone, no off-Street vehicle Parking Spaces shall be located closer than 3.0m to the Front Property Line, no closer than 1.6m to the Interior Side Property Line or Rear Property Line or closer than 3.0m of any Exterior Side Property Line. 6.6.4 All required off-Street vehicle Parking Spaces shall be located on the Development Site requiring the vehicle Parking Spaces, except as provided for in Section 6.3 and Section 6.4 of this Bylaw. 6.7 Loading Space Standards 6.7.1 Each off-Street loading space shall not be less than 28.0m2 in area, less than 3.0m in width, or have less than 4.0m in overhead clearance. 6.7.2 All off-Street loading spaces in all Commercial Zones and Site Specific CD - Comprehensive Development Zones described in column 1 of Table 3.1, unless otherwise noted, shall be surfaced with a permanent hard surface of asphalt; concrete; permeable/porous pavement, such as open-jointed pavers, turf/gravel grids or porous concrete/asphalt; interlocking paving stones, or similar hard surface treatment so as to provide a surface that is durable and dust-free for the purpose intended, and delineated with pavement markings or signage as a "Loading Zone". 6.7.3 All off-Street loading spaces shall be graded in a manner so as to contain and dispose of all surface water on-site as approved by the District's Building Inspector. If on-site disposal is not possible, then all surface water must drain to a District storm sewer system or other approved drainage facility. 6.7.4 All off-Street loading spaces shall conform to Section 5: Landscape & Screening Regulations of this Bylaw. 6.7.5 All required off-Street loading spaces shall be located on the Development Site requiring the loading spaces. 6.8 Loading Space Location Standards 6.8.1 Access to off-Street loading spaces shall be provided, wherever possible, internally to the Development or from a lane Abutting the Development. Backing up movements of Summerland Zoning Bylaw 2000-450 7-20 vehicles into off-Street loading spaces from Abutting Highways shall be avoided. 6.9 Lighting 6.9.1 Any outdoor lighting shall be located and arranged in such a manner that no direct ray of light is directed at Abutting or Adjacent Lots, upwards, or interferes with the effectiveness of any traffic control device. 6.10 Bicycle Parking Space Standards 6.10.1 Bicycle parking shall be provided as indicated in the Bicycle Parking Schedule (Table 6.3): Table 6.3: Bicycle Parking Schedule Uses Requirements Apartment and/or Townhouse Dwelling 2 'Class A' spaces per Dwelling unit Minimum of 6 'Class B' spaces for any Development with ten or more Dwelling units All other non-residential Uses 1 'Class A' space per 500m2 Gross Floor Area Minimum of 6 'Class B' spaces for any Development with a Gross Floor Area of 1,000m2 or greater 6.10.2 Bicycle parking facilities shall meet the following requirements: (a) All bicycle parking shall include a rack or Structure securely anchored to the ground which shall support the bicycle frame above the centre of gravity and shall enable the bicycle frame and front wheel to be locked to the rack with a U-style bicycle lock. (b) Class A Bicycle Parking shall be provided inside a secure room or enclosure accessible only with a separate lock and key or programmed entry system and available only to users whose bicycles are stored in the room or enclosure. (c) Class B Bicycle Parking, space, racks or Structures shall be provided in a convenient, well-lit location that provides visual surveillance by occupants of the Building the racks are intended to serve. 6.10.3 The owner or occupier of land in commercial zones for which 'Class B' Bicycle Parking Spaces are required, rather than provide the required spaces on site or off site, may contribute to the District a sum of $200 per required bicycle space. 7 Specific Use Regulations Summerland Zoning Bylaw 2000-450 7-2 7.1 Application 7.1.1 The specific Use regulations shall apply to all Development in the District of Summerland. Where these regulations may be in conflict with any specific regulations of an individual zone or Section 4 of this Bylaw, the special Use regulations shall take precedence. 7.2 Short-Term Rental139 7.2.1 Every Short-Term Rental use shall comply with the following regulations: (a) only one (1) Dwelling on a Lot or a Strata Unit may be used or occupied for Short- Term Rentals in any calendar year. (b) a Short-Term Rental use is only permitted on a Lot or a Strata Unit with a Primary Residence. (c) a Short-Term Rental use is not permitted on an agricultural property with a licenced Agri-Tourism Accommodation use already in place. (d) a Short-Term Rental use is only permitted in the following types of dwellings: a Single Detached Dwelling, Duplex Housing, Multi-Unit Housing, Secondary Suite, Carriage House, Manufactured Housing - Type 1, or Manufactured Housing - Type 2. (e) a Short-Term Rental shall be either the rental of sleeping units that are part of a Primary Residence in which common areas are shared with the primary resident, or the rental of an entire dwelling unit. (f) the Short-Term Rental shall be operated by a person residing in and occupying the Primary Residence on the lot. For clarity, the Primary Residence may be within a principal or accessory dwelling. (g) deleted140 (h) no more than four (4) Bedrooms in a Dwelling shall be used for Short- Term Rentals; (i) the maximum number of Short-Term Rental guests shall be eight (8); and (j) a Bedroom that includes a Kitchen must not be used for Short-Term Rentals. 7.3 Secondary Suites141 7.3.1 Secondary Suites, where permitted in this Bylaw as an Accessory Use, shall comply with the following regulations: (a) Secondary Suites shall form a single real estate entity with the principal single-unit Dwelling; (b) Secondary Suites shall be limited to one such Use within a principal Dwelling and be lesser than or equal to the Gross Floor Area of the principal Dwelling. 139 Amendment Bylaw No. 2021-048 (February 28, 2022) 140 Amendment Bylaw No. 2024-011 (June 11, 2024) 141 Amendment Bylaw No. 2017-032 (November 27, 2017) Summerland Zoning Bylaw 2000-450 7-3 (c) deleted142 7.3.2 Parking for Secondary Suites shall be in conformance with Section 6: Parking & Loading Regulations of this Bylaw. 7.4 Carriage Houses (Secondary Dwelling within an Accessory Building) 7.4.1 Carriage Houses, where permitted in this Bylaw as an Accessory Use, shall comply with the following regulations143: (a) A Carriage House must comply with all regulations for Accessory Buildings and Structures prescribed in this Bylaw; except for that which is provided for in this section. Should a conflict arise, the regulations in this section shall take precedence144. (b) A Carriage House shall only be considered an Accessory Use to the Single Detached Housing, Multi-Unit Housing, Duplex Housing, Manufactured Housing -Type 1, or Manufactured Housing - Type 2 Use145. (c) deleted146 (d) All Carriage Houses must be connected to the Municipal water and sanitary sewer systems. (e) Notwithstanding Section 7.4.1(d) where the Lot is 1.0 hectares or greater in area a Carriage House may be connected to an onsite sanitary sewer system that has been installed in accordance with the Sewerage System Regulation under the Public Health Act. (f) deleted147 (g) A Carriage House shall be lesser than or equal to the Gross Floor Area of the principal Dwelling(s) on the subject property. For lands within the Agricultural Land Reserve, the maximum floor area of a Carriage House shall be 90 m2. 148 a. A Carriage House shall have a minimum floor area of 11 m2. b. When calculating maximum floor area of the Carriage House the following shall not be included in the calculation: i. Indoor parking space up to 46m2, with direct access to the 142 Amendment Bylaw No. 2024-011 (June 11, 2024) 143 Amendment Bylaw No. 2019-001 (February 11, 2019) 144 Amendment Bylaw No. 2020-025 (December 14, 2020) 145Amendment Bylaw No. 2022-023 (August 22, 2022) 146 Amendment Bylaw No. 2024-011 (June 11, 2024) 147 Amendment Bylaw No. 2022-023 (August 22, 2022) 148 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 7-4 Dwelling unit; ii. Indoor parking space with no direct access to the Dwelling unit. iii. Interior stairways; iv. Unenclosed Balconies and Decks; v. Floor areas devoted exclusively to mechanical or electrical equipment. (h) The maximum Height of a Carriage House shall be149: a. 7.5 metres; and b. for Lots less than 1000m2, shall not exceed the Height of the principal Dwelling on the Lot. (i) The distance between a Principal Dwelling and a Carriage House in any zone shall be a minimum of 3.0 metres. (j) An unobstructed pathway at least 1.5 metres wide shall be provided between the front, exterior side, or rear (when abutting a land) property line and the Carriage House. (k) deleted150 7.5 Marinas, Docks and other Wharfage Facilities Regulations151 152 7.5.1 Marinas, Docks and other Wharfage facilities where permitted in this Bylaw shall comply with the following regulations: (a) Only one Structure shall be constructed per upland Lot, except Structures where the upland Front Property Line abuts a public park. (b) A Structure shall not obstruct public access along the Foreshore. In cases where the Structure crosses the entire Foreshore at a Height greater than 0.3 m, steps shall be provided on both sides of the Structure to permit public access over the Structure. (c) A Structure shall have a maximum width of: a) 3.0 m for private moorage b) 5.0 m for private moorage shared by two or more upland property owners (shared dock or group moorage facility), commercial moorage or public moorage (d) Notwithstanding 7.5.1(c), no access ramp shall exceed 1.5 m in width. (e) A Dock may include "L" or "T" extensions provided the parallel extension of 149 Amendment Bylaw No. 2020-025 (December 14, 2020) 150 Amendment Bylaw No. 2024-011 (June 11, 2024) 151 Amendment Bylaw No. 2016-028 (October 24, 2016) 152 Amendment Bylaw No. 2022-024 (July 25, 2022) Summerland Zoning Bylaw 2000-450 7-5 the "L" or "T" to the shoreline is the lesser of: a) 9 m; or b) one half the width of the Front Parcel Line of the upland Lot (f) Siting of all Structures shall be consistent with the orientation of neighbouring Marinas, Docks and Wharfage Facilities and avoids impacts on access to existing Marinas, Docks and Wharfage Facilities and adjacent properties. (g) All Structures shall be separated a minimum distance of 10 m. (h) No roof or overhead covering shall be constructed over a Boat lift or Dock. (i) Only one (1) mooring buoy is permitted per 10 m of the upland Front Property Line, to a maximum of 3 mooring buoys per upland Lot. (j) Temporary moorage shall be no longer than 72 hours of continuous moorage without a minimum of 24 hours between periods of temporary moorage. 7.5.2 Non-moorage Uses such as beach houses, boat houses, storage sheds, Patios, sundecks, hot tubs, gazebos, landscape features or Fencing shall not be permitted beyond the Natural Boundary of the upland property boundary as defined by legal survey which includes placement on the Structure itself. 7.6 Home Occupations 7.6.1 Home Occupations within the District shall be divided into the following categories: (a) Home Occupation - Type 1; (b) Home Occupation - Type 2; and (c) Home Occupation - Type 3. 7.6.2 All Home Occupation categories, where permitted in this Bylaw as an Accessory Use, shall comply with the following regulations: (a) the Home Occupation shall not change the principal character or external appearance of the Dwelling or its Accessory Buildings (where permitted); (b) the Home Occupation shall have no external indication that the Dwelling or its Accessory Buildings (where permitted ) are used for a purpose other than its Principal Use, except for signage which is regulated under the District's Signage Bylaw 2000-451; (c) the Home Occupation shall have no external storage or display of materials, equipment, or finished products; (d) the Home Occupation shall not create, at anytime, a nuisance from noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance; Summerland Zoning Bylaw 2000-450 7-6 (e) the Home Occupation shall not generate vehicle traffic or parking needs in excess of that permitted for and customary to the Principal Use of the property; (f) all parking for the Home Occupation must be provided within the site on which the Home Occupation is located; and (g) all Home Occupations must be licensed in accordance with the District's Business Licensing Bylaw. 7.6.3 Home Occupation - Type 1 (a) In addition to the regulations outlined in Section 7.6.2 of this Bylaw, Home Occupations -Type 1 must comply with the following: (i) the Home Occupation - Type 1 shall be conducted within the interior of the Dwelling and be confined to the Use of a phone and the keeping of records. The Use of Accessory Buildings for any portion of the Business in prohibited; (ii) only residents of the Dwelling shall be engaged in the Home Occupation - Type 1; (iii) the Home Occupation - Type 1 shall not generate any clients to the Dwelling; (iv) the Home Occupation - Type 1 is restricted to no more than 25 percent of the floor area of the Dwelling up to a maximum area of 20.0m2; (v) the Home Occupation - Type 1 shall not include any goods displayed, stored or sold from the Dwelling; (vi) the Home Occupation - Type 1 shall not include a commercial vehicle larger than 5,600 kg gross vehicle weight parked on or about the site where the Business is licensed to operate; and (vii) the signage for Home Occupation - Type 1 shall be in conformance with the District of Summerland Signage Bylaw 2000-451. 7.6.4 Home Occupation - Type 2 (a) In addition to the regulations outlined in Section 7.6.2 of this Bylaw, Home Occupations - Type 2 must comply with the following: (i) the Home Occupation - Type 2 shall be conducted within the interior of the Dwelling and/or one Accessory Building; (ii) only one person other than residents of the Dwelling shall be engaged in the Home Occupation - Type 2; (iii) the Home Occupation - Type 2 is restricted to no more than 25 percent of the floor area of the Dwelling or Accessory Building up Summerland Zoning Bylaw 2000-450 7-7 to a maximum combined area of 50.0m2; (iv) a Home Occupation - Type 2 shall not include any retail sales from the property other than those goods constituting the finished product of the Business. Meat cutting and wrapping operations shall be restricted to properties having a minimum Lot Area of 0.40 hectares; (v) a Home Occupation - Type 2 shall not include a commercial vehicle larger than 5,600 kg gross vehicle weight parked on or about the site where the Business is licensed to operate; (vi) the Home Occupation - Type 2 shall not generate more than two clients at any given time to the site where the Business is licensed to operate; and (vii) the signage for Home Occupation - Type 2 shall be in conformance with the District of Summerland Signage Bylaw 2000-451. 7.6.5 Home Occupation - Type 3 (a) In addition to the regulations outlined in Section 7.6.2 of this Bylaw, Home Occupations - type 3 must comply with the following: (i) the Home Occupation - Type 3 shall be conducted within the interior of the Dwelling and/or one Accessory Building on a Lot having a minimum Lot size of 0.8 ha; (ii) no more than two persons other than the residents of the principal Dwelling shall be engaged in the Home Occupation - Type 3; (iii) the Home Occupation - Type 3 is restricted to a maximum floor area of the Dwelling and/or the Accessory Building of 100m2; (iv) a Home Occupation - Type 3 shall not include any retail sales from the property other than those goods constituting the finished product of the Business; (v) the Home Occupation - Type 3 shall not affect the Use of the land for agricultural purposes for properties located in the Agricultural Land Reserve; and (vi) the signage for Home Occupation - Type 3 shall be in accordance with the District of Summerland Signage Bylaw 2000-451. 7.7 Child Care Centres, Minor and Major 7.7.1 Child Care Centres, where permitted in this Bylaw, shall comply with the following regulations: (a) the centre has successfully completed a fire and safety inspection relative Summerland Zoning Bylaw 2000-450 7-8 to the requirements of the BC Building Code; (b) the centre meets the regulations of the Ministry of Health for on-site waste water disposal in cases where connection to the community's sanitary sewer is not possible; (c) the centre is licensed in accordance with the District's Business License Bylaw as well as with the applicable provincial ministry; and (d) For Child Care Centres, Major only, the centre can provide an on-site drop off area which would avoid the Use of the Abutting Highway right-of-way for picking up and dropping off children153. 7.7.2 Parking for Child Care Centres shall be in conformance with Section 6: Parking & Loading Regulations of this Bylaw. 7.8 Group Homes, Minor 7.8.1 Group Homes, Minor, where permitted in this Bylaw as an Accessory Use, shall comply with the following regulations: (a) the Group Home, Minor shall be operated by a live-in manager of the sponsoring agency or live-in owner of the Single Detached Dwelling; (b) the principal residential character or external appearance of the Dwelling must not be altered; (c) the Group Home - Minor is not operated in conjunction with an approved Short-Term Rental154, a Secondary Suite, a Carriage House or an approved Child Care Centre; (d) the Group Home - Minor meets the regulations of the Ministry of Health for on-site waste water disposal in cases where connection to the community's sanitary sewer is not possible; and (e) the Group Home - Minor is licensed in accordance with the District's Business License Bylaw as well as with the applicable provincial ministry. 7.8.2 Parking for Group Homes - Minor shall be in conformance with Section 6: Parking & Loading Regulations of this Bylaw. 7.9 Service Stations and Gas Bars 7.9.1 All Service Stations, Gas Bars and fuel distribution facilities shall meet the following requirements: 153 Amendment Bylaw No. 2020-025 (December 14, 2020) 154 Amendment Bylaw No. 2021-048 (February 28, 2022) Summerland Zoning Bylaw 2000-450 7-9 (a) the placement and maintenance of fuel storage tanks exceeding 10 litres is permitted only within industrial zones or within a zone which permits Service Stations or Gas Bars as a permitted Use, except where the tank is used strictly for on-site purposes; (b) all fuel distribution pumps or devices shall be located a minimum of 3.5m from any Property Line; (c) Canopies over gasoline pumps and pump islands shall be located a minimum of 2.0m from any Property Line; (d) outside merchandise display booths shall be located a minimum of 5.0m from any Property Line Abutting a Highway; (e) all servicing equipment, other than that normally situated on a pump island, shall be entirely enclosed within a Building; (f) all tires, automobile accessories and related goods shall be located on pump islands or contained within a booth, rack or stand; (g) a maximum of two outdoor merchandise display booths, racks or stands shall be permitted per Lot or Development Site; (h) outdoor storage of machinery, equipment or vehicles in a state of disrepair shall not be permitted; and (i) all areas utilized by automobiles for the purpose of gaining access to and from gasoline pumps or service bays of the principal Structure shall be Hard Surfaced. 7.10 Temporary Use Permit Areas155 7.10.1 All lands zoned within this Zoning Bylaw are designated as a Temporary Use Permit Area in accordance with Section 492 of the Local Government Act.156 7.10.2 deleted157 7.10.3 The District may require a security bond and impose performance measures as a condition for the issuance of a Temporary Use Permit. 7.10.4 Upon expiration of a Temporary Use Permit, the Uses allowed on the Lot shall revert to those outlined under the specific zoning category placed on that Lot. The applicant may, prior to the expiration of the Temporary Use Permit, apply for a one time only extension of three years, approval of which is at the discretion of Council. 7.11 Renewable Energy Systems and Infrastructure 155 Amendment Bylaw No. 2014-029 (November 10, 2014) 156 Amendment Bylaw No. 2020-025 (December 14, 2020) 157 Amendment Bylaw No. 2021-048 (February 28, 2022) Summerland Zoning Bylaw 2000-450 7-10 7.11.1 There must be an active Principal Use on a Lot in order to locate a private renewable energy or co-generation device on the Lot. 7.11.2 The production of the renewable or co-generation energy as well as any device used to produce the energy must comply with all other Municipal, Provincial and Federal Bylaws, Statutes and Regulations including but not limited to a Building Permit and BC Building Code Regulations. 7.11.3 Solar Energy Devices158: In all zones, Solar Energy Devices shall be permitted to be attached to principle or accessory buildings, or fixed to the ground, provided that: (a) Where mounted on the roof of a building or structure with a roof pitch of 4:12 or greater, Solar Energy Devices: (i) shall not extend above the roofline of the building; and (ii) shall not extend beyond the outermost edge of the roof (b) Where mounted on the roof of a building or structure with a roof pitch of 4:12 or less, Solar Energy Devices: (i) shall not exceed the maximum height of the building by more than 1.5 metres; and (ii) shall not extend beyond the outermost edge of the roof (c) Where mounted on, or attached directly to, the ground surface, Solar Energy Devices: (i) shall be sited in accordance with setback requirements for accessory buildings; and (ii) shall not exceed the maximum height for accessory buildings. (d) Where mounted to a wall, Solar Energy Devices: (i) shall adhere to the limitations as described in 4.2.1 (c) of this bylaw under 'Projections into Setbacks'. 7.11.4 Geothermal Energy Devices (a) In all zones, all above-ground parts of the geothermal energy devices are subject to the zoning requirements for an Accessory Building or Structure on a Lot; (b) In all zones, the underground geothermal energy components shall be a minimum 3.0m away from all Property Lines; and (c) Geothermal energy systems requiring access to Okanagan Lake or any other Watercourses must obtain authorization from the Province. 158 Amendment Bylaw 2018-003 (December 10, 2018) Summerland Zoning Bylaw 2000-450 7-11 7.11.5 Wind Energy Devices (a) In all zones, all above-ground parts of the small scale wind energy devices which generate up to 10kw shall be subject to the zoning requirements for an Accessory Building or Structure on a Lot, subject to the following regulations: (i) only one wind energy device is permitted on each Lot; (ii) the Lot on which a wind energy device is located shall be 2ha or greater in size; (iii) maximum Height of a wind energy device (including the blades) shall be 10.5m as measured from the Finished Grade; and (iv) a wind energy device tower shall have a minimum separation from any Dwelling unit on an Adjacent Lot that is a distance equal to 125 percent of the total Height of the device (including support Structure and blades). (b) For industrial, institutional, agricultural and commercial zones that are not Adjacent to residential zones, wind energy devices which generate up to 20kw shall be permitted as an Accessory Use, subject to the following requirements: (i) only one wind energy device is permitted on each Lot; (ii) the Lot on which a wind energy device is located shall be 0.2ha or greater in size; (iii) maximum Height of a wind energy device (including the blades) shall be 21.0m as measured from the ground; and (iv) a wind energy device tower shall have a minimum separation from any Dwelling unit on an Adjacent Lot that is a distance equal to 125 percent of the total Height of the device (including support Structure and blades). (c) For industrial, institutional and commercial Lots Abutting residential zones, wind energy devices may be installed subject to the requirements and conditions noted above in Section 7.11.5(a). 7.12 Deleted159 160 159 Amendment Bylaw No. 2020-025 (December 24, 2020) 160 Amendment Bylaw No. 2022-023 (August 22, 2022) Summerland Zoning Bylaw 2000-450 7-12 7.13 Temporary Farm Worker Accommodation161 162 163 7.13.1 Temporary Farm Worker Accommodation, where permitted under this Bylaw, shall comply with the following regulations: (a) The minimum Lot Area shall be 1.0 ha, unless connected to a District community sewer system; (b) The minimum area of land used for Agriculture for the Farm Unit shall be 2.0 ha; (c) The Temporary Farm Worker Accommodation shall be sited in an area within or abutting the Farm Home Plate, in an area immediately abutting a Highway, or on lands assessed by an agrologist as containing soil conditions not suitable for farming. (d) The Lot shall be classified as farmland under the Assessment Act; (e) The maximum Gross Floor Area shall be 186 m2; (f) The Temporary Farm Worker Accommodation shall not contain a Basement; and (g) Kitchen or cooking facilities shall not be permitted in Bedrooms. 7.14 Kennels and Animal Shelters164 7.14.1 Commercial Kennels, including any outdoor runs or exercise areas shall be located a minimum of 300 m from any Property Line. A 6.0m wide Buffer Strip including a 1.8m high opaque Fence shall be provided around the perimeter of any outdoor runs or exercise area. 7.14.2 To allow for a Commercial Kennel, a Lot must have a minimum Lot Area of 4.0 ha. 7.14.3 An Animal Shelter, Major or Minor, including any outdoor runs or exercise areas, shall be located a minimum of 30 m from any Property Line. 7.15 Cannabis Production Facilities165 7.15.1 For the purposes of Cannabis, Licensed Production, the designation of farm use under Section 8 of the Agriculture Land Reserve Use Regulation, on lands designated as Agriculture Land Reserve, shall apply when a Building or Structure has a base consisting entirely of soil so that Building or Structure shall not have concrete construction, hard surfacing or similar impermeable forms of construction sunk into, 161 Amendment Bylaw No. 2020-025 (December 14, 2020) 162 Amendment Bylaw No. 2022-009 (April 25, 2022) 163Amendment Bylaw No. 2022-023 (August 22, 2022) 164 Amendment Bylaw No. 2020-025 (December 14, 2020) 165 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 7-13 at or below the natural elevation of a site, except for a system of columns or posts, where: (a) each supporting column or post has a minimum radius of 3.0 metres to the next adjacent column or post; and (b) the maximum footprint area for each concrete footing associated with each column or post is 0.5 m2. 7.15.2 When the Cannabis, Licensed Production is designated a farm use in accordance with Section 7.15.1, it shall be considered as a permitted use on the subject property. 7.16 Agri-Tourism Accommodation166: 7.16.1 Agri-Tourism Accommodation is only permitted in conjunction with a permitted agri-tourism activity as described in the Agricultural Land Reserve Use Regulation, and accessory to the Principal use of Agriculture, General on a property classified as farm under the Assessment Act. 7.16.2 The maximum parcel coverage for the Agri-Tourism Accommodation use is 5% of total parcel area. 7.16.3 For the provision of Buildings or Structures for Agri-Tourism Accommodation purposes, the following requirements apply: (a) The minimum parcel size is 2.0 hectares. (b) That the Agri-Tourism Accommodation Building(s) be sited as an Accessory Building(s) within the Farm Home Plate. The Agri-Tourism Accommodation Building(s) may be located on lands outside the Farm Home Plate that have been assessed by an agrologist as containing soil conditions not suitable for farming.167 (c) deleted168 (d) The maximum number of Bedrooms per building is four (4). (e) The maximum number of consecutive days stayed per person is ten (10). (f) No Bedroom for Agri-Tourism Accommodation purposes be larger than 30 m2.169 (g) No Kitchen is permitted to be included within a Bedroom. (h) One (1) parking space is required per Bedroom for the Agri-Tourism Accommodation building, in addition to the parking required for the principal single detached dwelling. 166 Amendment Bylaw No. 2021-020 (July 19, 2022) 167 Amendment Bylaw No. 2024-011 (June 11, 2024) 168 Amendment Bylaw No. 2024-011 (June 11, 2024) 169 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 7-14 7.16.4 For the provision of Campground stalls for Agri-Tourism Accommodation purposes, the following requirements apply: (a) The minimum parcel size is 2.0 hectares. (b) That the Campground use be sited within the Farm Home Plate. The Campground use may be located on lands outside the Farm Home Plate that have been assessed by an agrologist as containing soil conditions not suitable for farming. (c) That the Campground use be sited 10 m from all property lines. (d) The maximum number of campground stalls is three (3). (e) The maximum number of consecutive days stayed per person is ten (10). (f) No water and sewer infrastructure be constructed on site for the Campground stalls for Agri-Tourism Accommodation. (g) That the use of Campground stalls for Agri-Tourism Accommodation purposes be limited to the months of April to October, inclusive, of every year. 7.17 Amenity Space170 7.17.1 Amenity Space, where required in this Bylaw, shall comply with the following regulations: (a) The minimum width of an Amenity Space area shall be 6.0 m; (b) The maximum slope for an Amenity Space shall be five percent; (c) Amenity space shall exclude areas used for off-street parking, off-street loading, driveways, private Balconies, private Decks, private Patios and any areas subject to a Section 19 restrictive use covenant; and (d) Amenity Space shall include areas for recreational space, landscaping, gardens and/or leisure activities. 170 Amendment Bylaw No. 2022-009 (April 25, 2022) Summerland Zoning Bylaw 2000-450 8-15 8 Agricultural Zones 8.1 A1 Agricultural Small Acreage Zone A1 8.1.1 Purpose To provide a zone to accommodate existing small Lot Agricultural Uses. Lands must be designated as Agriculture under the District's Official Community Plan. 8.1.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Agriculture, General; (b) Agriculture, Intensive; (c) Greenhouses and Plant Nurseries; (d) Manufactured Housing - Type 1 or 2; and (e) Single Detached Housing. 8.1.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Agri-Tourism Accommodation, subject to Section 7.16171; (c) Animal Shelter, Major on Lots having a minimum Lot Area of 2.0 ha, subject to Section 7.14172; (d) Carriage House subject to Section 7.4173 174; (e) Craft Brewery & Distilling175; (f) Child Care Centre, Minor, subject to Section 7.7176; (g) Commercial Kennel on Lots having a minimum Lot Area of 4.0 ha, subject to Section 7.14; (h) Fruit Stand177 171 Amendment Bylaw No. 2021-020 (July 19, 2021) 172 Amendment Bylaw 2000-459 (November 14, 2011) 173 Amendment Bylaw No. 2021-048 (February 28, 2022) 174 Amendment Bylaw No. 2022-023 (August 22, 2022) 175 Amendment Bylaw 2015-024 (November 9, 2015) 176 Amendment Bylaw 2016-031 (September 12, 2016) 177 Amendment Bylaw 2020-028 (January 25, 2020) Summerland Zoning Bylaw 2000-450 8-16 (i) deleted178; (j) Home Occupation - Type 1,2 or 3, subject to Section 7.6; (k) Secondary Suite, subject to Section 7.3179; (l) Short-Term Rental, subject to Section 7.2;180 (m) stable; (n) Temporary Farm Worker Accommodation, subject to Section 7.13; and (o) Winery & Cidery 8.1.4 Subdivision Regulations (a) Minimum Lot Area 2.0 ha (b) Minimum Lot Width 60.0 m (c) Notwithstanding 8.1.4 (a) and (b), where the District Council has supported and the Agricultural Land Commission has granted an application for subdivision to accommodate181: (i) a homesite severance in accordance with Agricultural Land Commission policy #025/78 as amended from time to time; or (ii) the consolidation of legal Lots which does not result in an increase in the total number of Lots; (iii) the Lot Area shall in no case be less than 1,400 m2; (iv) the Minimum Lot Width shall in no case be less than 20.0 m; and 8.1.5 Development Regulations (a) Maximum Farm Home Plate 905 m2 (b) deleted182 (c) deleted183 178 Amendment Bylaw No. 2022-023 (August 22, 2022) 179 Amendment Bylaw No. 2017-032 (November 27, 2017) 181 Amendment Bylaw No. 2012-017 (July 23, 2012) 181 Amendment Bylaw No. 2012-017 (July 23, 2012) 182 Amendment Bylaw No. 2022-023 (August 22, 2022) 183 Amendment Bylaw No. 2022-023 (August 22, 2022) Summerland Zoning Bylaw 2000-450 8-17 (d) Maximum coverage for all Buildings and Structures outside the Farm Home Plate 10 percent of the Lot (e) Notwithstanding Section 8.1.5(d) Maximum coverage for all Buildings and Structures where a Lot is 2.0ha or greater in size on which the Principal Use is greenhouses or plant nurseries184 (f) Maximum Height for Principal Buildings and Structures185 (g) Maximum Height for Accessory Building and Structures186187 (h) Maximum Height for agricultural Buildings and Structures identified in 8.1.6 (b)188 65 percent of the Lot The lesser of 9.5 m or 2 Storeys The lesser of 11 m or 2 Storeys 12.0 m 8.1.6 Siting Regulations189 (a) Principal and Accessory Buildings and Structures: (i) Minimum Front Yard Setback 7.0 m (ii) Minimum Rear Yard Setback 7.0 m (iii) Minimum Side Yard Setback (Interior) 4.0 m (iv) Minimum Side Yard Setback (Exterior) 4.5 m, except where a garage door faces a Street, the minimum Exterior Side Yard Setback shall be 6.0 m (b) Greenhouses and Plant Nurseries; Buildings and Structures housing animals, livestock or poultry; livestock feeding stations; mushrooming growing facilities; Commercial Kennels; Animal Shelters; Cannabis Production Facilities and all other Agriculture, Intensive Uses: (i) Minimum Front Yard Setback 15.0 m (ii) Minimum Rear Yard Setback 15.0 m 184 Amendment Bylaw No. 2012-017 (July 23, 2012) 185 Amendment Bylaw No. 2020-025 (December 14, 2020) 186 Amendment Bylaw No. 2020-025 (December 14, 2020) 187 Amendment Bylaw No. 2022-009 (April 25, 2022) 188 Amendment Bylaw No. 2020-025 (December 14, 2020) 189 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 8-18 (iii) Minimum Side Yard Setback (Interior) 15.0 m (iv) Minimum Side Yard Setback (Exterior) 15.0 m (c) Notwithstanding Section 8.1.6. (b), a 30.0 m minimum setback for Rear Yards and Side Yards (interior) is required for the Uses identified in Section 8.1.6. (b) where an Agricultural Zoned property line directly Abuts a parcel with an Urban Residential Zone. 8.1.7 Other Regulations (a) Only one (1) principal Dwelling shall be permitted per Lot190. (b) deleted191. (c) Parking and loading areas and access driveways for Greenhouses and Plant Nurseries located within 30.0m of a residential Property Line shall provide a 6.0m wide Landscaped Strip along that affected Property Line. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 8.1.8 Site-Specific Provisions (a) automotive and boat repair shop as a Type 3 Home Occupation Use is an Accessory Use on the property at 19555 Matsu Drive (Lot 7, DL 2194, ODYD, Plan 267 Except Plans 34018, 41387, H577 and B3577) subject to the following limitations: i. for the purposes of this Use only, located in an Accessory Building; ii. for the purposes of this Use only, the Home Occupation portion of the Accessory Building is in addition to the area permitted under Section 8.1.9(b); iii. limited to no more than one person other than the residents of the principal Dwelling being engaged in the Home Occupation; and iv. a landscape hedge is to be maintained. (b) Campground, is permitted as a site specific Accessory Use on Lot A, DL 472, ODYD, Plan 3128, located at 11208 Sanborn Street subject to the following regulations: i. Compliance with the Agricultural Land Reserve Use, Subdivision and Procedure Regulation. ii. Compliance with Sections 63 and 64 of the Provincial Integrated Pest Management Regulation with respect to posting notification to spray and ensuring the campground is unoccupied in accordance with these sections 190 Amendment Bylaw No. 2022-009 (April 25, 2022) 191 Amendment Bylaw No. 2022-023 (August 22, 2022) Summerland Zoning Bylaw 2000-450 8-19 due to spraying. iii. Seasonal operation between April 1st and October 30th of any given year. iv. Daily quiet time from 10:00pm to 6:00am. v. Campsites setbacks: a. Front yard setback - 15.0 meters b. Side yard and rear yard setback - 30.0 meters c. Campsites are no closer than 60.0 meters to any neighbouring residential dwellings. vi. Campfires are only permitted in one centrally located campfire pit as approved by the District of Summerland's Fire Department. vii. Camping units are limited to recreational vehicles with self-contained water and septic disposal systems unless the campground has washroom facilities meeting the minimum requirements of the Provincial Health Authority. viii. No camping unit can be located on a campsite any longer than 30 consecutive days. (c) Notwithstanding 8.1.4 (a) and (b), the minimum Lot Area for Lot 4, DL 475, ODYD, except Plans B6849 and 410) 12914 Prairie Valley Road, is 1.4 ha. (d) In the case of the land at 11507 Blair Street, legally described as Lot 2 District Lot 3640, Osoyoos Division Yale District Plan 8287 the following provisions shall apply: a) Eleven modular units may be configured as a Building to be used as a Temporary Farm Worker Accommodation with the follow provisions: i. The Building including space for cooking, sanitary, living and sleeping shall be used specifically to accommodate Temporary Farm Worker(s), employed on the Farm. b) The following requirements must be met in order for this Use to be conforming: i. Farm Classification for the parcel, as determined by the BC Assessment Act. ii. The subject property remains part of a "Farm Unit" defined as "one or more contiguous or non-contiguous parcels, that may be owned, rented or leased, within the District limits, which forms and is managed as a single farm". iii. The use remains accessory to a principal agricultural use. iv. Minimum Farm Unit Size is 2.0 ha. c) The Building shall include a communal kitchen. d) Temporary Farm Worker Housing shall be occupied only during the harvesting and pruning periods of the Farm Unit. Summerland Zoning Bylaw 2000-450 8-20 e) A statutory declaration must be filed with the District of Summerland annually, by January 31st of each year, stating that the building will be used only for Temporary Farm Worker Housing and specify the duration of year when the Temporary Farm Worker Housing will be occupied. The specified duration period may be no greater than ten months of that calendar year. f) If the Temporary Farm Worker Housing is vacant for two consecutive growing seasons, the owner will remove, at their expense, any temporary structures for Temporary Farm Worker Housing, and remove or decommission the Building that has been repurposed for Temporary Farm Worker Housing purposes, by December 31st of the second year of vacancy. (e) In the case of the land at 26405 Garnet Valley Road, legally described as District Lot 3195, Osoyoos Division Yale District Except Plan 30384 the following provisions shall apply192: a) The structure shown on Figure 8.1.10.2 may be used as a Temporary Farm Worker Accommodation with the follow provisions: a. The Building including space for cooking, sanitary, living and sleeping shall be used specifically to accommodate Temporary Farm Worker(s), employed on the Farm. b) The following requirements must be met in order for this Use to be conforming: a. Farm Classification for the parcel, as determined by the BC Assessment Act. b. The use remains accessory to a principal agricultural use. c. Minimum Parcel Size is 2.0 ha. c) The Building shall include a communal kitchen. d) Temporary Farm Worker Housing shall be occupied only during the harvesting and pruning periods of the Farm Unit. e) A statutory declaration must be filed with the District of Summerland annually, by January 31st of each year, stating that the building will be used only for Temporary Farm Worker Housing and specify the duration of year when the Temporary Farm Worker Housing will be occupied. The specified duration period may be no greater than ten months of that calendar year. f) If the Temporary Farm Worker Housing is vacant for two consecutive growing seasons, the owner will remove, at their expense, any temporary structures for Temporary Farm Worker Housing, and remove or decommission the Building that has been repurposed for Temporary Farm Worker Housing purposes, by December 31st of the second year of vacancy. 192 Amendment Bylaw No. 2019-045 (February 10, 2020) Summerland Zoning Bylaw 2000-450 8-21 (f) In the case of land located at 11510 Blair Street, legally described as Lot 21 District Lot 3640 Osoyoos Division Yale District Plan 287A, the following provisions shall apply193: a) An additional Dwelling that is a Manufactured Housing - Type 2 for the use of a family member of the owner of the subject property shall be permitted as an Accessory Use. b) Notwithstanding the definition of Farm Home Plate, that the Accessory Use of Manufactured Housing - Type 2 be permitted to be sited outside the Farm Home Plate. 193 Bylaw Amendment No. 2021-022 (January 24, 2022) Summerland Zoning Bylaw 2000-450 8-22 8.2 A2 Agricultural Large Acreage Zone A2 8.2.1 Purpose To provide a zone to accommodate Agricultural Uses. Lands must be designated as Agriculture under the District's Official Community Plan. 8.2.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Agriculture, General; (b) Agriculture, Intensive; (c) Greenhouses and Plant Nurseries; (d) Manufactured Housing - Type 1 or 2; and (e) Single Detached Housing. 8.2.3 Accessory Uses194 The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Agri-Tourism Accommodation, subject to Section 7.16195; (c) Animal Shelter, Major on Lots having a minimum Lot Area of 2.0 ha, subject to Section 7.14196; (d) Carriage house, subject to Section 7.4197 (e) Craft Brewery & Distilling198; (f) Child Care Centre, Minor, subject to Section 7.7199; (g) Commercial Kennel on Lots having a minimum Lot Area of 4.0 ha, subject to Section 7.14; (h) Fruit Stand200 (i) deleted201; 194 Amendment Bylaw No. 2012-017 (July 23, 2012) 195 Amendment Bylaw No. 2021-020 (July 19, 2021) 196 Amendment Bylaw No. 2000-459 (November 14, 2011) 197 Amendment Bylaw No. 2021-048 (February 28, 2022) 198 Amendment Bylaw No. 2015-024 (November 9, 2015) 199 Amendment Bylaw No. 2016-031 (September 12, 2016) 200 Amendment Bylaw No. 2020-028 (January 25, 2020) 201 Amendment Bylaw No. 2022-023 (August 22, 2022) Summerland Zoning Bylaw 2000-450 8-23 (j) Home Occupation - Type 1,2 or 3, subject to Section 7.6; (k) Secondary Suite, subject to Section 7.3202; (l) Short-Term Rental, subject to Section 7.2;203 (m) stable; (n) Temporary Farm Worker Accommodation, subject to Section 7.13; and (o) Winery & Cidery 8.2.4 Subdivision Regulations204 (a) Minimum Lot Area 8.0 ha (b) Minimum Lot Width 60 m (c) Notwithstanding Section 8.2.4 (a), where the District Council has supported and the Agricultural Land Commission has granted an application for subdivision to accommodate: (i) a home-site severance in accordance with Agricultural Land Commission policy #025/78 as amended from time to time; or (ii) the consolidation of legal Lots which does not result in an increase in the total number of Lots; (iii) a subdivision to acquire road right-of-way where and existing travelled road exists and no more than one additional Lot is created; (iv) the Lot Area shall in no case be less than 1,400m2; and (v) the Minimum Lot Width shall in no case be less than 20.0m. 8.2.5 Development Regulations (a) Maximum Farm Home Plate 1,200 m2 (b) deleted205 202 Amendment Bylaw No. 2017-032 (November 27, 2017) 203 Amendment Bylaw No. 2021-048 (February 28, 2022) 204 Amendment Bylaw No. 2012-017 (July 23, 2012) 205 Amendment Bylaw No. 2022-023 (August 22, 2022) Summerland Zoning Bylaw 2000-450 8-24 (c) deleted206 (d) Maximum coverage for all Buildings and Structures outside the Farm Home Plate 10 percent of the Lot (e) Notwithstanding Section 8.2.5(d) Maximum Lot Coverage for all Buildings and Structures where the Principal Use is Greenhouses or Plant nurseries207 65 percent of the Lot (f) Maximum Height for Principal Buildings and Structures The lesser of 9.5 m or 2 Storeys (g) Maximum Height for Accessory Buildings and Structures The lesser of 11 m or 2 Storeys (h) Maximum Height for Agricultural Buildings and Structures identified in Section 8.2.6 (b) 12.0 m 8.2.6 Siting Regulations208 (a) Principal and Accessory Buildings and Structures: (i) Minimum Front Yard Setback 7.0 m (ii) Minimum Rear Yard Setback 7.0 m (iii) Minimum Side Yard Setback (Interior) 4.0 m (iv) Minimum Side Yard Setback (Exterior) 4.5 m, except where a garage door faces a Street, the minimum Exterior Side Yard Setback shall be 6.0 m (b) Greenhouses and Plant Nurseries; Buildings and Structures housing animals, livestock or poultry; livestock feeding stations; mushrooming growing facilities; Commercial Kennels; Animal Shelters; Cannabis Production Facilities and all other Agriculture, Intensive Uses: (i) Minimum Front Yard Setback 15.0 m (ii) Minimum Rear Yard Setback 15.0 m (iii) Minimum Side Yard Setback (Interior) 15.0 m (iv) Minimum Side Yard Setback (Exterior) 15.0 m 206 Amendment Bylaw No. 2022-023 (August 22, 2022) 207 Amendment Bylaw No. 2012-017 (July 23, 2012) 208 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 8-25 (c) Notwithstanding Section 8.1.6. (b), a 30.0 m minimum setback for Rear Yards and Side Yards (interior) is required for the Uses identified in Section 8.1.6. (b) where an Agricultural Zoned property line directly Abuts a parcel with an Urban Residential Zone. 8.2.7 Other Regulations (a) Only one (1) principal Dwelling shall be permitted per Lot209. (b) deleted210. (c) Parking and loading areas and access driveways for Greenhouse and Plant Nurseries located within 30.0 m of a residential Property Line shall provide a 6.0 m wide Landscaped Strip along that affected Property Line. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 8.2.8 Site Specific Provisions (a) In the case of land located at 18420 Garnet Valley Road and legally described as Lot 2 District Lot 1178 ODYD Plan 9237, Except Plan EPP69723, despite sections 7.16.3 (a) and (b) and 7.16.4 (a) and (b), Agri-Tourism Accommodation is permitted, but only211: i. in a Recreational Vehicle located as follows: i. Minimum Front Setback 120 ii. Minimum Side Setback (South Property Line) 26 m iii. Minimum Side Setback (North Property Line) 40 m iv. Minimum Rear Setback 53 m and, ii. in a tent-only Campground area located as follows: i. Minimum Front Setback 75 m ii. Minimum Side Setback (South Property Line) 10 m iii. Minimum Side Setback (North Property Line) 48 m iv. Minimum Rear Setback 68 m (b) For certainty, except as specifically indicated in section 8.2.8 (a), an Agri-Tourism Accommodation use authorized by that section is subject to every other provision in this bylaw, including without limitation sections 7.16.1 through 7.16.4, and the siting relaxation provisions in 7.16.3 (b) and 7.16.4 (b) do not apply. 209 Amendment Bylaw No. 2022-009 (April 25, 2022) 210 Amendment Bylaw No. 2022-023 (August 22, 2022) 211 Amendment Bylaw No. 2025-008 (March 4, 2025) Summerland Zoning Bylaw 2000-450 9-26 9 Rural Residential Zones 9.1 CR1 Country Residential Zone CR1 9.1.1 Purpose To provide a zone to accommodate residential Developments on larger Lots employing conventional subdivision designs in rural areas where sanitary sewer services are unavailable. Lands must be designated as Rural Residential under the District's Official Community Plan. 9.1.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Manufactured Housing - Type 1; and (b) Single Detached Housing. 9.1.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (c) Accessory Building and Structures; (d) Agriculture, General, for Lots having a minimum Lot Area of 1.0 ha; (e) deleted212 (f) Carriage House, subject to Section 7.4213; (g) Child Care Centre, Minor, subject to Section 7.7; (h) Group Home, Minor, subject to Section 7.8; (i) Home Occupation - Type 1, 2 or 3, subject to Section 7.6; (j) Secondary Suite, subject to Section 7.3; and (k) Short-Term Rental, subject to Section 7.2214. 9.1.4 Subdivision Regulations (a) Minimum Lot Area 1.0 ha (b) Minimum Lot Width 45.0 m 9.1.5 Development Regulations 212 Amendment Bylaw No. 2021-048 (February 28, 2022) 213 Amendment Bylaw No. 2019-002 (February 11, 2019) 214 Amendment Bylaw No. 2021-048 (February 28, 2022) Summerland Zoning Bylaw 2000-450 9-27 (a) Maximum Lot Coverage for lot areas up to and including 2,050m2 30 percent (b) Maximum Lot Coverage for lot areas above 2,050m2 up to and including 4,000m2 20 percent (c) Maximum Lot Coverage for lot areas above 4,000m2 10 percent (d) Notwithstanding Section 9.1.5 (c), a Lot having agricultural Buildings or Structures associated with an Accessory Use of General Agriculture may increase the maximum Lot Coverage to 30 percent. (e) Maximum Height The lesser of 9.5m or 2 Storeys 9.1.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 7.0m (ii) Minimum Rear Setback 7.5m (iii) Minimum Side Setback (Interior)215 1.5m (see vi) (iv) Minimum Side Setback (Exterior) 4.5m (v) Maximum Height The lesser of 9.5m or 2 Storeys (vi) (vii) Notwithstanding Section 9.1.6(a)(iii), a Lot having no direct vehicular access to the Rear Yard shall maintain one Side Yard Setback of at least 3.0m. Notwithstanding Section 9.1.6 (a) (iv), where a garage door is facing a Street the minimum Setback shall be 6.0 m216. (c) Accessory Buildings and Structures: (i) Minimum Front Setback 7.0m (ii) Minimum Rear Setback 1.5m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 4.5m (v) Maximum Height The lesser of 4.5m or 1 Storey 215 Amendment Bylaw No. 2012-017 (July 23, 2012) 216 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 9-28 (vi) (vii) Notwithstanding Section 9.1.6 (b) (i), (ii), (iii), and (iv), Accessory Buildings and Structures Housing animals shall be located no closer than 15.0 m to any neighbouring residential Dwelling or Abutting Property Line. Notwithstanding Section 9.1.6 (b) (ii) and (iv), where a garage door is facing a Street the minimum Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m217. 9.1.7 Other Regulations (a) Only one (1) principal Dwelling will be permitted per Lot. (b) Accessory Buildings or Structures will be limited to a maximum of218: (i) 100m2 in area or 25% of the allowable Lot Coverage, whichever is greater, where the Lot Area is equal to or exceeds 1.0ha or, (ii) 75m2 or 25% of the allowable Lot Coverage, whichever is greater, where the Lot Area does not exceed 1.0ha. (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 9.1.8 Site Specific Provisions (a) That a site specific Accessory Use is permitted for a Home Occupation - Type 1, 2 or 3 - to board up to 5 canines on Lot B, District Lot 488, Plan 26797, located at 2705 Johnson Street. (b) For Lot 1, District Lot 1178, Osoyoos Division Yale District, Plan KAP91886 (18654 Garnet Valley Road) and that Part District Lot 1178 Outlined in Red on Plan B1755, Osoyoos Division Yale District, Except Parts Outlined Red on Plans B5590, B3577 and B7646 and except Plan KAP91886 (19013 Bentley Road); to accommodate the comprehensive cluster development of single detached housing in a bare land strata format or conventional fee simple subdivision format: i. Minimum Lot Size 1,300 sq. m ii. Minimum Lot Width 20.0 m iii. Minimum Lot Depth 35.0 217 Amendment Bylaw 2020-025 (December 14, 2020) 218 Amendment Bylaw No. 2012-028 (January 14, 2013) Summerland Zoning Bylaw 2000-450 9-29 (c) For Lot A District Lot 472 Osoyoos Division Yale District Plan EPP87870, the following provisions shall apply219: i. Notwithstanding Section 9.1.3, Accessory uses will include Agriculture, General, for Lots less than 1.0ha in size; ii. Notwithstanding Section 9.1.4, the minimum lot area is 2,100 sq. m (0.21 ha); iii. Development on a Lot having a lot area less 10,000 sq. m (1.0 ha) must be connected to sewer servicing. 219 Amendment Bylaw No. 2026-003 (March 3, 2026) Summerland Zoning Bylaw 2000-450 10-30 10 Urban Residential Zones 10.1 RU1 Residential Urban Infill Zone RU1220 10.1.1 Purpose To provide a zone to accommodate the Development of Single Detached Housing, Multi-Unit Housing, and Duplex Housing on compact, narrow urban Lots having Full Urban Services, preferably with access to a rear lane. Lands must be designated as Low Density Residential under the District's Official Community Plan. 10.1.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Manufactured Housing - Type 1; (b) Single Detached Housing; (c) Multi-Unit Housing; and (d) Duplex Housing 10.1.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Carriage House, subject to Section 7.4; (c) Child Care Centre, Minor, subject to Section 7.7; (d) Group Home, Minor, subject to Section 7.8; (e) Home Occupation - Type 1 or 2, subject to Section 7.6; (f) Secondary Suite, subject to Section 7.3; (g) Short-Term Rental, subject to Section 7.2. 10.1.4 Subdivision Regulations (a) Minimum Lot Area 260 m2 (b) Minimum Lot Width (i) With lane access 7.5 m 220 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-31 (ii) Without lane access 11.0 m (c) Minimum Lot Depth (i) With lane access (ii) Without lane access 30.0 m 20.0 m (d) Notwithstanding Section 10.1.4(c), the Lot Depth may be reduced to 20.0 m for the purposes of subdividing Corner Lots. 10.1.5 Development Regulations (a) Maximum Lot Coverage 50 percent (b) Maximum Dwelling Units per Lot (c) Maximum Single Detached Housing Floor Area 4 Dwellings 200 m2 10.1.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 3.0 m (ii) Minimum Rear Setback 3.0 m (iii) Minimum Side Setback (Interior) 1.2 m (see vi) (iv) Minimum Side Setback (Exterior) 3.0 m (v) Maximum Height The lesser of 11.0m or 3 Storeys (vi) (vii) Notwithstanding Section 10.1.6(a) (iii), a Lot having no direct vehicular access to the Rear Yard without an attached garage or Carport shall maintain one Side Yard Setback of at least 3.0m. In the case of a side-by-side duplex or multi-unit housing subdivided for the purpose of creating individual ownership, the Interior Side Setback between the Dwelling units shall not be required provided the Property Line follows the centre line of the common party wall. Notwithstanding Section 10.1.6 (a) (i), (ii) and (iv), where a garage door is facing a Street the minimum Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m. (b) Accessory Buildings and Structures (i) Minimum Front Setback 3.0m Summerland Zoning Bylaw 2000-450 10-32 (ii) Minimum Rear Setback 1.5m (see vii) (iii) Minimum Side Setback (Interior) 1.5m (see vi) (iv) Minimum Side Setback (Exterior) 3.0m (see vii) (v) Maximum Height The lesser of 7.5m or 2 Storeys (vi) (vii) Notwithstanding Section 10.1.6(b) (iii), a Lot having no direct vehicular access to the Rear Yard without an attached garage or Carport shall maintain one Side Yard Setback of at least 3.0m. Notwithstanding Section 10.1.6 (b) (ii) and (iv), where a garage door is facing a Street the minimum Front Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m. 10.1.7 Other Regulations (a) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 10.1.8 Site Specific Provisions (a) In the case of land located at 12210 Lakeshore Drive, legally described as Lot 27 Block 55, District Lot 455 Osoyoos Division Yale District Plan 157 and Lot 28 Block 55, District Lot 455 Osoyoos Division Yale District Plan 157, the following provisions shall apply: a. Notwithstanding Section 10.1.4(b), the Minimum Lot Area - shall be 524 m2. b. Notwithstanding Section 10.1.4(d) the Minimum Lot Width - shall be 15.2 m. c. Where a Lot is created for individual ownership of side-by-side Duplex Dwelling units, the new Lots so created shall contain not less than one half (1/2) the minimum Lot Width or Lot Area required for Duplex Housing. d. Notwithstanding Section 10.1.5(b), the Maximum Floor Area Ratio shall be 0.93. e. Notwithstanding Section 10.1.6(a)(v), the Maximum Height shall be 11.05 m and 3 storeys. f. Duplex Housing Suite shall be permitted as an Accessory Use, Summerland Zoning Bylaw 2000-450 10-33 subject the same regulations as if it were a Secondary Suite under Section 7.3.1. (d) In the case of land located at 10919 Ward Street, legally described as Lot 6 District Lot 474, Osoyoos Division Yale District Plan 11935, the following provisions shall apply221: a. Notwithstanding Section 10.5.4(b), Minimum Lot Area will be 490.6m². b. Notwithstanding Section 10.5.4(d), Minimum Lot Width will be 11.15m c. Notwithstanding Section 10.5.6(ii), Minimum Rear Setback will be 6.0 m 221 Amendment Bylaw No. 2024-024 (April 9, 2024) Summerland Zoning Bylaw 2000-450 10-34 10.2 RU2 Residential Urban Zone RU2222 10.2.1 Purpose To provide a zone to accommodate the Development of Single Detached Housing, Multi-Unit Housing, and Duplex Housing on urban Lots having Full Urban Services. Lands must be designated as Low Density Residential under the District's Official Community Plan. 10.2.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Manufactured Housing - Type 1; (b) Single Detached Housing; (c) Multi-Unit Housing; and (d) Duplex Housing 10.2.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Carriage House, subject to Section 7.4; (c) Child Care Centre, Minor, subject to Section 7.7; (d) Group Home, Minor, subject to Section 7.8; (e) Home Occupation - Type 1 or 2, subject to Section 7.6; (f) Secondary Suite, subject to Section 7.3; (g) Short-Term Rental, subject to Section 7.2. 10.2.4 Subdivision Regulations (a) Minimum Lot Area 460 m2 (b) Minimum Lot Width 12.0 m (c) Minimum Lot Depth 30.0 m (d) (e) Notwithstanding Section 10.2.4(c), the Lot Depth may be reduced to 20.0 m for the purposes of subdividing Corner Lots. Pursuant to Section 10.2.4 (a) and (b), where a Lot is to be subdivided for 222 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-35 the purpose of creating individual ownership of side-by-side Duplex Dwelling or Multi-Unit Housing units, the new Lots so created shall contain not less than one half (1/2) the minimum required Lot Area and minimum required Lot Width. 10.2.5 Development Regulations (a) Maximum Lot Coverage 40 percent (b) Maximum Dwelling Units per Lot 4 Dwellings 10.2.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 3.0 m (ii) Minimum Rear Setback 3.0 m (see vii) (iii) Minimum Side Setback (Interior) 1.5 m (see vi) (iv) Minimum Side Setback (Exterior) 3.0 m (see vii) (v) Maximum Height The lesser of 11.0m or 3 Storeys (vi) (vii) Notwithstanding Section 10.2.6(a) (iii), a Lot having no direct vehicular access to the Rear Yard without an attached garage or Carport shall maintain one Side Yard Setback of at least 3.0m. In the case of a side-by-side duplex or multi-unit housing subdivided for the purpose of creating individual ownership, the Interior Side Setback between the Dwelling units shall not be required provided the Property Line follows the centre line of the common party wall. Notwithstanding Section 10.2.6 (a) (ii) and (iv), where a garage door is facing a Street the minimum Front Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m. (b) Accessory Buildings and Structures (i) Minimum Front Setback 3.0m (ii) Minimum Rear Setback 1.5m (iii) Minimum Side Setback (Interior) 1.5m (see vi) (iv) Minimum Side Setback (Exterior) 3.0m Summerland Zoning Bylaw 2000-450 10-36 (v) Maximum Height The lesser of 7.5m or 2 Storeys (see vii) (vi) (vii) Notwithstanding Section 10.2.6(b) (iii), a Lot having no direct vehicular access to the Rear Yard without an attached garage or Carport shall maintain one Side Yard Setback of at least 3.0m. Notwithstanding Section 10.2.6 (b) (ii) and (iv), where a garage door is facing a Street the minimum Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m. 10.2.7 Other Regulations (a) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 10.2.8 Site Specific Provisions (a) In the case of land located at 8108 Purves Road, legally described as Lot 4 District Lot 473 and 1348 Osoyoos District KAP24877, the following provisions shall apply: a. Notwithstanding Section 10.2.4 (b) the Minimum Lot Area - will be 640 m². b. Notwithstanding Section 10.2.4(d) the Minimum Lot Width - will be 11.8 m. (b) In the case of land located at 11612 Victoria Road South, legally described as Lot 1, District Lot 474, Osoyoos Division Yale District Plan 2679, the following provisions shall apply246: a. Notwithstanding Section 10.2.4(b), the Minimum Lot Area - shall be 383.0 m2. b. Notwithstanding Section 10.2.4(d) the Minimum Lot Width - shall be 10.6 m. c. Notwithstanding Section 10.2.6(a)(ii) the Minimum Rear Setback shall be 6.0 m. (c) In the case of a portion the land at 5010 Croil Avenue, legally described as Lot B, District Lot 488, Osoyoos Division Yale District, Plan 14446; shown Summerland Zoning Bylaw 2000-450 10-37 on figure 10.1.9.1 labeled "Proposed Lot 2", the following provisions shall apply223: a. Notwithstanding Section 10.1.6(a) "Siting Regulations: Principal Buildings and Structures" the structure labeled "deck" shown on figure 10.1.8.1 may be sited 4.63 metres from the rear property line. (c) In the case of a portion the land at 5010 Croil Avenue, legally described as Lot B, District Lot 488, Osoyoos Division Yale District, Plan 14446; shown on figure 10.1.9.2 labeled "Proposed Lot 3", the following provisions shall apply: a. Notwithstanding Section 10.1.6(a)(iv) and 10.1.6 (b)(iv) the Minimum Side Setback (Exterior) is 1.5 metres. 223 Amendment Bylaw No. 2019-026 (September 27, 2021) Figure 10.1.9.1 Figure 10.1.9.2 Summerland Zoning Bylaw 2000-450 10-38 10.3 RU3 Residential Sub-Urban Zone RU3224 10.3.1 Purpose To provide a zone to accommodate the Development of Single Detached Housing, and Duplex Housing on urban Lots having Full Urban Services and located within, or for existing established neighbourhoods located outside of, the Urban Containment Boundary. Lands must be designated as Low Density Residential under the District's Official Community Plan. 10.3.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Manufactured Housing - Type 1; (b) Single Detached Housing; and (c) Duplex Housing 10.3.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Carriage House, subject to Section 7.4; (c) Child Care Centre, Minor, subject to Section 7.7; (d) Group Home, Minor, subject to Section 7.8; (e) Home Occupation - Type 1 or 2, subject to Section 7.6; (f) Secondary Suite, subject to Section 7.3; (g) Short-Term Rental, subject to Section 7.2. 10.3.4 Subdivision Regulations (a) Minimum Lot Area 800 m2 (b) Minimum Lot Width 18.0 m (c) Minimum Lot Depth 30.0 m (d) Pursuant to Section 10.3.4 (a) and (b), where a Lot is to be subdivided for the purpose of creating individual ownership of side-by-side Duplex Dwelling units, the new Lots so created shall contain not less than one half 224 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-39 (1/2) the minimum required Lot Area and minimum required Lot Width for Duplex Housing. 10.3.5 Development Regulations (a) Maximum Lot Coverage 40 percent (b) Maximum Floor Area Ratio (c) Maximum Dwelling Units per Lot 0.8 4 Dwelling units within Urban Containment Boundary 3 Dwelling units outside of Urban Containment Boundary 10.3.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 6.0 m (ii) Minimum Rear Setback 6.0 m (see vii) (iii) Minimum Side Setback (Interior) 1.5 m (see vi) (iv) Minimum Side Setback (Exterior) 4.5 m (see vii) (v) Maximum Height The lesser of 9.5m or 2 Storeys (vi) (vii) Notwithstanding Section 10.2.6(a) (iii), a Lot having no direct vehicular access to the Rear Yard without an attached garage or Carport shall maintain one Side Yard Setback of at least 3.0m. In the case of a side-by-side duplex units subdivided for the purpose of creating individual ownership, the Interior Side Setback between the Dwelling units shall not be required provided the Property Line follows the centre line of the common party wall. Notwithstanding Section 10.2.6 (a) (iv) and (ii), where a garage door is facing a Street the minimum Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m. (b) Accessory Buildings and Structures (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 1.5m (see vii) Summerland Zoning Bylaw 2000-450 10-40 (iii) Minimum Side Setback (Interior) 1.5m (see vi) (iv) Minimum Side Setback (Exterior) 4.5m (see vii) (v) Maximum Height The lesser of 4.5m or 1 Storey (vi) (vii) (viii) Notwithstanding Section 10.3.6(b) (iii), a Lot having no direct vehicular access to the Rear Yard without an attached garage or Carport shall maintain one Side Yard Setback of at least 3.0m. Notwithstanding Section 10.3.6 (b) (ii) and (iv), where a garage door is facing a Street the minimum Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m. Notwithstanding Section 10.3.6 (b) (ii), the minimum Rear Setback shall be 6.0 m when the Front Property Line Abuts the high water mark of a lake 10.3.7 Other Regulations (a) No greater than two (2) principal Dwellings may be permitted per Lot provided that both principal Dwellings must be located in one (1) residential Building. (b) Accessory Buildings or Structures will be limited to a maximum of 90m² or 25% of the allowable Lot coverage, whichever is greater. (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 10.3.8 Site Specific Provisions: (a) In the case of land at 919 Wharf Street, legally described as Lot 4, District Lot 488, Osoyoos Division Yale District, Plan 2647 the following provisions shall apply225: a. Notwithstanding Section 10.1.7 (a), two (2) principal Single Detached Housing Dwellings will be permitted on lots greater than 4000 m2. b. Where the lot has two (2) principal Single Detached Housing Dwellings, Carriage Houses will not be permitted. 225 Amendment Bylaw No. 2019-014 (April 23, 2019) Summerland Zoning Bylaw 2000-450 10-41 (b) In the case of land located at 19223 Lakeshore Drive North, legally described as Lot B District Lot 673 and 1348 Osoyoos District Plan KAP75272, the following provisions shall apply226: a. Notwithstanding Section 10.1.7(a) up to three (3) principal Single Detached Housing Dwellings will be permitted. b. Notwithstanding Section 10.1.5(a) the Maximum Lot Coverage will be 30 percent. c. Notwithstanding Section 10.1.5(b) the Maximum Floor Area Ratio will be 0.35. d. Notwithstanding Section 10.1.6(a)(iii) the Minimum Side Setback (Interior) will be 1.15 m. e. Where the lot has three (3) principal Single Detached Housing Dwellings, Carriage Houses and/or Secondary Suites will not be permitted. 1. In the case of land located at 19265 Lakeshore Drive, legally described as Lot 11 District Lot 673 Osoyoos Division Yale District Plan KAP33284, and 19267 Lakeshore Drive, legally described as Lot 10 District Lot 673 Osoyoos Division Yale District Plan KAP33284 the following provisions shall apply227: a. Notwithstanding Section 10.1.4(a) the Minimum Lot Area will be 364.5 m². b. Notwithstanding Section 10.1.4(b) the Minimum Lot Width will be 11.18 m. c. Notwithstanding Section 10.1.6(a)(ii) and 10.1.6(viii) the Minimum Rear Setback will be 4.16 m. 226 Amendment Bylaw No. 2020-029 (Adopted January 11, 2021) 227 Amendment Bylaw No. 2022-006 (February 14, 2022). Summerland Zoning Bylaw 2000-450 10-42 10.4 RMD Residential Medium Density Zone RMD 10.4.1 Purpose To provide a zone to accommodate the Development of Apartments, Townhousing, and Duplex Housing in close proximity to existing or proposed low Density Developments on lands having Full Urban Services. This zone also accommodates Cluster Housing developments of Single Detached Housing in either building or bare land strata formats. Lands must be designated as Medium Density Residential under the District's Official Community Plan. 10.4.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Apartment Housing228 (b) Cluster Housing (c) Duplex Housing; (d) Multi-Unit Housing; 229and (e) Townhouse Housing 10.4.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Child Care Centre, Minor, subject to Section 7.7; (c) Home Occupation - Type 1, subject to Section 7.6; (d) Short-Term Rental, subject to Section 7.2.230 (e) Secondary Suite, subject to Section 7.3231; (f) 10.4.4 Subdivision Regulations (a) Minimum Lot Area 1,100m2 (b) Minimum Lot Width 30.0m 228 Amendment Bylaw No. 2020-025 (December 14, 2020) 229 Amendment Bylaw No. 2024-011 (June 11, 2024) 230 Amendment Bylaw No. 2024-011 (June 11, 2024) 231 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-43 (c) Minimum Lot Depth 30.0m 10.4.5 Development Regulations (a) Maximum Lot Coverage 40 percent (b) Maximum Floor Area Ratio (c) deleted232 1.6233 10.4.6 Development Regulations (Bare land Strata Lots only)234 (a) Maximum Lot Coverage 40 percent (b) Maximum Floor Area Ratio 0.6 10.4.7 Siting Regulations (a) Principal Buildings and Structures (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 7.5m (iii) Minimum Side Setback (Interior) 4.0m (iv) Minimum Side Setback (Exterior) 6.0m (v) Maximum Height The lesser of 15 m or 4 Storeys235 (vi) Notwithstanding Section 10.8.6(a)(ii), the minimum Rear Setback shall be 6.0 m when the Front Property Line Abuts the high water mark of a lake236. (b) Accessory Buildings and Structures: (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 1.5m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 6.0m (v) Maximum Height The lesser of 7.5m or 2 Storey237 (vi) Notwithstanding Section 10.8.6(b)(ii), the minimum Rear Setback 232 Amendment Bylaw No. 2024-011 (June 11, 2024) 233 Amendment Bylaw No. 2024-011 (June 11, 2024) 234 Amendment Bylaw No. 2024-011 (June 11, 2024) 235 Amendment Bylaw No. 2024-011 (June 11, 2024) 236 Amendment Bylaw No. 2022-009 (April 15, 2022) 237 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-44 shall be 6.0 m when the Front Property Line Abuts the high water mark of a lake238. 10.4.8 Siting Regulations (Bare land Strata Lots only)239 (a) Principal Buildings and Structures (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 6.0m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 4.5m (v) Maximum Height The lesser of 9.5 m or 2 Storeys (vi) Notwithstanding Section 10.4.8. (a)(iii), a Lot having no direct vehicular access to the Rear Yard without a garage or Carport shall maintain one Side Setback of at least 3.0m. (vii) Notwithstanding Section 10.4.8 (a) (iv), where a garage door is facing a private strata road the minimum Setback shall be 6.0 m. (b) Accessory Buildings and Structures: (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 1.5m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 4.5m (v) Maximum Height The lesser of 4.5m or 1 Storey (vi) Notwithstanding Section 10.7.7 (b) (ii) and (iv), where a garage door is facing a Street the minimum Setback shall be 6.0 m. In the case of garage door facing a rear lane, the Setback required shall be 1.5 m or greater than 6.0 m (vii) Notwithstanding Section 10.8.6(b)(ii), the minimum Rear Setback shall be 6.0 m when the Front Property Line Abuts the high water mark of a lake. 10.4.9 Other Regulations (a) No parking, loading or garbage collection facilities shall be permitted in any required 238 Amendment Bylaw No. 2022-009 (April 15, 2022) 239 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-45 yard Abutting a public Highway. (b) A minimum area of 30.0m2 of on-site Amenity Space shall be provided per Dwelling. (c) Bare land Strata Developments240: (i) No greater than two (2) principal Dwellings may be permitted per Lot provided that both principal Dwellings must be located in one (1) residential Building. (ii) A minimum of 15 percent of the Bare land Development Site shall be retained as Amenity Space. (iii) Only one (1) Accessory Building or Structure will be allowed per strata Lot site with a maximum Gross Floor Area of 45.0m2. (d) deleted241 (e) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 10.4.10 10.4.10 Site Specific Provisions (a) In the case of Lot 4, District Lot 475, Osoyoos Division Yale District, Plan 161 located at 12914 Prairie Valley Road and Lot 8, District Lot 475, Osoyoos Division Yale District, Plan 161 located at 13316 Prairie Valley Road, the following provisions shall apply242: (i) Notwithstanding Section 10.4.4, the Subdivision Regulations shall be: (a) Minimum Lot Area shall be 800m2 (b) Minimum Lot Width shall be 25.0m (ii) Notwithstanding Section 10.4.7.(a) (i), the minimum Front Setback shall be 4.0m (iii) Notwithstanding Section 10.4.7.(a) (ii), the minimum Rear Setback shall be 6.0m (iv) Notwithstanding Section 10.4.7.(a) (iv), the minimum Side Setback (Exterior) shall be 4.0 m (v) Notwithstanding Section 10.4.7.(a) (v), the maximum Height shall be, 240 Amendment Bylaw No. 2024-011 (June 11, 2024) 241 Amendment Bylaw No. 2024-011 (June 11, 2024) 242 Amendment Bylaw No. 2024-017 (December 17, 2024) Summerland Zoning Bylaw 2000-450 10-46 - Up-Slope buildings the lesser of 11.0m or 3 storeys - Down-Slope buildings the lesser of 9.5m or 2 storeys (vi) Notwithstanding Section 10.4.7.(b) (v), the maximum Height shall be the lesser of 4.5m or 1 storey (vii) Any areas distributed as a function of approved lot development that are greater than 30m2 and exceeding 30% slope shall be rehabilitated with site- appropriate native vegetation and provided drip irrigation for a period of two years; once rehabilitation is complete, the irrigation system is to be removed and the area shall be protected as undisturbed open space and shall be free from buildings, structures, or development. (b) In the case of Lot 9 District Lot 473 Osoyoos Division Yale District Plan 3688 located at 9306 Prairie Valley Road, the following provisions shall apply243: (i) In addition to the regulations outlined in Section 10.4.3 Accessory Uses, the following Use shall be a permitted Accessory Use: (a) Carriage House, subject to Section 7.4 243 Amendment Bylaw No. 2026-007 (March 3, 2026) Summerland Zoning Bylaw 2000-450 10-47 10.5 RHD Residential High Density Zone RHD 10.5.1 Purpose To provide a zone to accommodate Apartments on lands having Full Urban Services. Lands must be designated as High Density Residential under the District's Official Community Plan. 10.5.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Apartment Housing; and (b) Townhouse Housing244 10.5.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Child Care Centres Minor or Major provided they are operated from a communal Amenity Space and Building, subject to Section 7.7; and (c) Home Occupation - Type 1, subject to Section 7.6. 10.5.4 Subdivision Regulations (a) Minimum Lot Area 1,400m2 (b) Minimum Lot Width 30.0m (c) Minimum Lot Depth 30.0m 10.5.5 Development Regulations (a) Maximum Lot Coverage 50 percent (c) Maximum Floor Area Ratio (d) deleted245 2.5246 244 Amendment Bylaw No. 2024-011 (June 11, 2024) 245 Amendment Bylaw No. 2024-011 (June 11, 2024) 246 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-48 10.5.6 Siting Regulations (a) Principal Buildings and Structures (i) Minimum Front Setback 6.0m (ii) (iii) Minimum Rear Setback deleted247 7.5m (iv) (v) Minimum Side Setback deleted248 4.0m (vi Minimum Height 11.0 m or 3 Storeys249 (vii) Maximum Height The lesser of 22.0 m or 6 Storeys250 (viii) (viii) Notwithstanding Section 10.9.6 (a)(iv), a minimum Side Yard Setback of 6.0m shall be required for any Property Line Abutting a Street Notwithstanding Section 10.9.6(a)(ii) and 10.9.6(a)(iii), the minimum Rear Setback shall be 6.0 m when the Front Property Line Abuts the high water mark of a lake251. (b) Accessory Buildings and Structures (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 6.0m (iii) Minimum Side Setback (Interior) 4.0m (iv) Minimum Side Setback (Exterior) 6.0m (v) Maximum Height The lesser of 7.5m or 2 Storeys252 10.5.7 Other Regulations (a) No commercial parking, loading or garbage collection facilities shall be permitted in any required yard Abutting a public Highway. (b) On-site Amenity Space shall be provided based on the sum total of the following class of Dwellings to be developed on the property: 247 Amendment Bylaw No. 2024-011 (June 11, 2024) 248 Amendment Bylaw No. 2024-011 (June 11, 2024) 249 Amendment Bylaw No. 2024-011 (June 11, 2024) 250 Amendment Bylaw No. 2024-011 (June 11, 2024) 251 Amendment Bylaw No. 2022-009 (April 25, 2022) 252 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 10-49 (i) Townhouses 30.0m2 per Dwelling. (ii) Apartments 10.0m2 per bachelor Dwelling plus 20.0m2 per 1 Bedroom Dwelling plus 30.0m2 per 2 or more Bedroom Dwelling (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 10.5.8 Site Specific Provisions (a) In the case of Lot 4, District Lot 3640, Osoyoos Division Yale District, Plan 3179, Except Plan KAP68581 located at 13609 Dickson Avenue, the following provisions shall apply: a. The following Accessory Uses shall be permitted: i. Health Service, ii. Pharmacy, ancillary to Health Service iii. Child Care Centre, Major b. Notwithstanding Table 6.1: Parking & Loading Schedule, Required Vehicle Parking Spaces for Housing - Townhouse, Apartment shall be 1 per Dwelling unit253. (b) In the case of Lot 21 Block B, District Lot 473, ODYD, Plan 1133 located at 9518 Julia Street and Lot 22, Block B, District LOT 473, ODYD, Plan 1133 located at 9514 Julia Street, the following provisions shall apply: a. Pursuant to Section 482 of the Local Government Act, and notwithstanding Section 10.9.5 (b) of this Bylaw, the maximum Floor Area Ratio may be increased to 2.67 if the owner of the land proposed to be developed pays to the District prior to the time of Building Permit issuance the amount equal to $2.50 per square foot of additional Gross Floor Area, to be deposited in a reserve fund for parks, cultural and recreational assets, and the necessary fire department equipment to service higher multiple Storey Buildings254. 253 Amendment Bylaw No. 2022-028 (September 26, 2022) 254 Amendment Bylaw No. 2023-005 (July 2, 2024) Summerland Zoning Bylaw 2000-450 10-50 10.6 RMH Residential Manufactured Housing Zone RMH 10.6.1 Purpose To provide a zone to accommodate the Development of Manufactured Homes in a comprehensively designed community. Lands must be designated as Medium Density Residential under the District's Official Community Plan. 10.6.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Manufactured Housing - Type 1 or 2. 10.6.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Child Care Centre, Minor, subject to Section 7.7; (c) Employee Housing; and (d) Home Occupation - type 1 or 2, subject to Section 7.6. 10.6.4 Subdivision Regulations (a) Minimum Development Site Area 1.5ha (b) Minimum Manufactured Housing Site Area Single Section Homes 350m2 (c) Minimum Manufactured Housing Site Area - Multiple Section Homes 400m2 (d) Minimum Manufactured Housing Site Width - Single Section Homes on Interior Lots 12.0m (e) Minimum Manufactured Housing Site Width - Single Section Homes on Corner Lots 15.0m (f) Minimum Manufactured Housing Site Width - Multiple Section Homes on Interior Lots 13.5m Summerland Zoning Bylaw 2000-450 10-51 (g) Minimum Manufactured Housing Site Width - Multiple Section Homes on Corner Lots 15.0m (h) Minimum Manufactured Housing Site Depth - Single Section Homes 29.0m (i) Minimum Manufactured Housing Site Depth - Multiple Section Homes 27.0m 10.6.5 Development Regulations (a) Maximum Manufactured Housing Lot Coverage 40 percent 10.6.6 Siting Regulations - Principal and Accessory Uses (Manufactured Housing Site) (a) Minimum Front Setback 4.5m (b) Minimum Rear Setback 1.5m (c) Minimum Side Setback (Interior) 1.5m (d) Minimum Side Setback (Exterior) 4.5m (e) Maximum Height - Manufactured Housing The lesser of 6.5m or 2 Storeys (f) Maximum Height - Single Detached Dwelling The lesser of 9.5m or 2 Storeys (g) Maximum Height - Accessory Buildings or Structures The lesser of 4.5m or 1 Storey (h) Notwithstanding Section 10.10.6 (a) through (c), a minimum Setback of 4.5m shall be provided for all Buildings and Structures on Manufactured Housing Lots flanking or backing onto the boundary of the Manufactured Housing Community or a minimum Setback of 6.0m for all Buildings and Structures on Manufactured Housing Lots fronting a public Highway. 10.6.7 Other Regulations (a) Only one (1) principal Dwelling will be permitted per Manufactured Housing Lot. (b) Only one (1) Accessory Building or Structure will be permitted per Summerland Zoning Bylaw 2000-450 11-52 Manufactured Housing Lot with a maximum gloss floor area of 45.0m2. (c) No Parking Spaces shall be permitted in any required Front Yard or Exterior Side Yard Setback of the Development Site. (d) For Manufactured Housing Communities, Amenity Space shall be provided in the amount of five percent of the total Development Site. For the purpose of calculating Amenity Space, any indoor common areas accessible to all of the Manufactured Housing Community residents shall be counted as double its actual Gross Floor Area. (e) Manufactured Housing units employing the CSA Z240.10.1 standard shall construct skirting that is stuccoed, factory fabricated or of equivalent quality so that the finished design complements the exterior finish of Dwelling. (f) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. (g) Employee Housing shall be limited to one (1) Single Detached Dwelling per Development Site. 10.6.8 Site Specific Regulations a) In the case of land located at 16618 Logie Road, legally described as Lot 2 District Lot 454 Osoyoos Division Yale District Plan 19055, Single Detached Housing may be permitted255. b) In the case of 16618 Logie Road, legally described as Lot 2 District Lot 454 Osoyoos Division Yale District Plan 19055 two (2) principal Dwellings will be permitted256. 11 Commercial Zones 11.1 CN Neighbourhood Commercial Zone CN 11.1.1 Purpose To provide a zone to accommodate the day to day convenience shopping needs of local neighbourhoods. Lands must be designated as Low Density Residential, Medium Density Residential, or High Density Residential, under the District's Official Community Plan. 11.1.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Child Care Centre, Major, Minor, subject to Section 7.7; 255 Bylaw Amendment No. 2020-022 (November 9, 2020) 256 Bylaw Amendment No. 2020-022 (November 9, 2020) Summerland Zoning Bylaw 2000-450 11-2 (b) Convenience Store; (c) Community Recreation Service; (d) Dwelling; (e) Personal Service Establishment; (f) Recycle Drop-Off Centre; and (g) Single Detached Housing. (h) deleted257258 11.1.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures. 11.1.4 Subdivision Regulations (a) Minimum Lot Area 1,100m2 (b) Maximum Lot Area 2,025m2 (c) Minimum Lot Width 18.0m (d) Minimum Lot Depth 30.0m 11.1.5 Development Regulations (a) Maximum Lot Coverage 35 percent (b) Maximum Floor Area Ratio 0.7 11.1.6 Siting Regulations - Principal & Accessory Uses259 (a) Minimum Front Setback 6.0m (b) Minimum Rear Setback 3.5m (see (f)) (c) Minimum Side Setback (Interior) 2.4m (see (f)) (d) Minimum Side Setback (Exterior) 3.5m (e) Maximum Height The lesser of 9.5m or 2 Storeys 257 Amendment Bylaw No. 2020-025 (December 14, 2020) 258 Amendment Bylaw No. 2022-009 (April 25, 2022) 259 Amendment Bylaw No. 2012-017 (July 23, 2012) Summerland Zoning Bylaw 2000-450 11-3 (f) Notwithstanding Section 11.1.6 (b) and (c), where a C1- Neighbourhood Commercial zoned Lot Abuts a rural residential zone or an urban residential zone described in column 1 of Table 3.1 of this Bylaw, the minimum Rear Yard Setback shall be 6.0m and the minimum Interior Side Yard Setback shall be 3.0m. 11.1.7 Other Regulations (a) A maximum of two (2) Dwellings shall be permitted per Lot. A separate entrance to the Dwellings must be maintained at Finished Grade. (b) Only one Single Detached Dwelling shall be permitted per Lot. (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.1.8 Site Specific Provisions (a) Manufacture and sales of sportswear and promotional products is an allowable principal Use only on Lot 7, DL 474, ODYD, Plan 2679, located at 11402 Victoria Road. 11.2 CT1 Tourist Commercial Zone CT1 11.2.1 Purpose To provide a zone to accommodate recreation-oriented tourist facilities and services for a number of unique commercial destination points within the community. Lands must be designated Tourist Commercial under the District's Official Community Plan. 11.2.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Art Gallery & Museum; (b) Eating & Drinking Establishment; (c) Club; (d) Hotel; (e) Marina; (f) Motel; (g) Personal Service Establishment; Summerland Zoning Bylaw 2000-450 11-4 (h) Recreational Service, Indoor; (i) Recreation Service, Outdoor; (j) Retail Store, General; (k) Theatre; and260 (l) tourist railway operation261. (m) deleted262 11.2.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures. 11.2.4 Subdivision Regulations (a) Minimum Lot Area 930m2 (b) Minimum Lot Width 18.0m 11.2.5 Development Regulations (a) Maximum Lot Coverage 50 percent (b) Maximum Floor Area Ratio 1.0 11.2.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 2.5m (b) Minimum Rear Setback 6.0m (c) Minimum Side Setback (Interior) 0.0m (d) Minimum Side Setback (Exterior) 4.5m (e) Maximum Height The lesser of 9.5m or 2 Storeys (f) Notwithstanding Section 11.2.6(e), the maximum Height of the Principal Building may be increased to the lesser of 12.0m or 3 Storeys provided the third Storey is entirely integrated into the roof line of the Building. 11.2.7 Other Regulations (a) The maximum Gross Floor Area of each Retail Store shall be 100 m2. 260 Amendment Bylaw No. 2022-009 (April 25, 2022) 261 Amendment Bylaw No. 2022-009 (April 25, 2022) 262 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 11-5 (b) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.2.8 Site Specific Provisions (a) In the case of Lot 2 Block B, District Lot 473, ODYD, Plan 1133 Except Plan H577 located at 14408 Rosedale Avenue, and Lot A District Lot 473 ODYD Plan 14647 located at 14406 Rosedale Avenue, the following provisions shall apply: a. The maximum Height shall be the lesser of 13.8 m or four (4) stories b. The maximum Floor Area Ratio shall be 1.65263 11.3 CH Highway Commercial Zone CH 11.3.1 Purpose To provide a zone to predominantly accommodate Highway-oriented sales and services to the travelling public. Lots must be designated as Tourist Commercial under the District's Official Community Plan. 11.3.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Carwash; (b) Convenience Store; (c) Fruit Stand; (d) Eating & Drinking Establishment; (e) Gas Bar; (f) Hotel; (g) Motel; (h) Club; (i) Protective & Emergency Services; (j) Recreational Services, Indoor; 263 Amendment Bylaw No. 2024-005 (July 2, 2024) Summerland Zoning Bylaw 2000-450 11-6 (k) Recreation Vehicle Sales264; (l) Service Stations; (m) tourism information centres; and (n) Greenhouses and Plant Nurseries. 11.3.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Building & Structures; (b) Retail Store, General265 11.3.4 Subdivision Regulations (a) Minimum Lot Area 930m2 (b) Minimum Lot Width 25.0m 11.3.5 Development Regulations (a) Maximum Lot Coverage 35 percent 11.3.6 Siting Regulations - Principal & Accessory Uses266 (a) Minimum Front Setback 7.0m (b) Minimum Rear Setback 3.0m (see (f)) (c) Minimum Side Setback (Interior) 2.5m (d) Minimum Side Setback (Exterior) 4.5m (e) Maximum Height The lesser of 9.5m or 2 Storeys (f) Notwithstanding Section 11.3.6 (b), where a CT2 - Commercial Tourist zoned Lot Abuts an urban residential zoned Lot or an agricultural zoned Lot described in column 1 of Table 3.1, the minimum Rear Yard Setback shall be 6.0m. 11.3.7 Other Regulations (a) Outdoor storage of machinery, equipment, materials, or vehicles under repair shall not be permitted. (b) In addition to the regulations listed above, other regulations may apply. 264 Amendment Bylaw No. 2022-009 (April 25, 2022) 265 Amendment Bylaw No. 2020-025 (December 14, 2020) 266 Amendment Bylaw No. 2012-017 (July 23, 2012) Summerland Zoning Bylaw 2000-450 11-7 These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.4 CT2 Campground Zone CT2 11.4.1 Purpose To provide a zone to accommodate outdoor Campground Uses. Lands must be designated as Tourist Commercial under the District's Official Community Plan. 11.4.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw. (a) Campgrounds. 11.4.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw. (a) Accessory Buildings and Structures; (b) Amusement Establishment for Campground guests; (c) Employee Housing; (d) Convenience Store for Campground guests; and (e) Recreational facilities for Campground guests. 11.4.4 Subdivision Regulations (a) Minimum Development Site Area 1.0ha (b) Minimum Development Site Width 60.0m (c) Minimum Development Site Depth 100m 11.4.5 Development Regulations (a) Maximum Density 50 camping lots or sites per hectare (b) Maximum Lot Site Coverage 10 percent for permanent Buildings & permanent Structures (c) Floor Area Ratio 0.1 for Accessory Uses only Summerland Zoning Bylaw 2000-450 11-8 11.4.6 Siting Regulations - Principal & Accessory Uses (Development Site Boundaries) (a) Minimum Front Setback 7.5m (b) Minimum Rear Setback 7.5m (c) Minimum Side Setback (Interior) 7.5m (d) Minimum Side Setback (Exterior) 7.5m (e) Maximum Height The lesser of 9.5m or 2 Storeys 11.4.7 Other Regulations (a) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site. (b) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.5 Central Business Zone CB1 11.5.1 Purpose To provide a zone to accommodate a commercial and cultural focal point for the community, allowing Downtown Uses including retail, Office, entertainment, and Dwelling units. Lands must be designated as Downtown Commercial under the District's Official Community Plan. 11.5.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Art Gallery & Museum; (b) Amusement Establishment; (c) Animal Shelter, Minor, subject to Section 7.14267; (d) Automotive & Equipment Repair Shop; (e) Business support services; (f) Education Services; (g) Community Recreation Service; (h) Club; (i) Convenience Store; (j) Craft Brewery/Distillery268 (k) Apartment Housing; 267 Amendment Bylaw No. 2000-459 (November 14, 2011) 268 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 11-9 (l) Child Care Centre, Major, Minor, subject to Section 7.7; (m) Contractor Services, Limited; (n) Eating & Drinking Establishment; (o) Financial Services; (p) Funeral Home; (q) Health Services; (r) Hotel; (s) library; (t) Office; (u) Personal Service Establishment; (v) Place of Worship; (w) Protective and Emergency Services; (x) Retail Store, General; (y) Service Station; (z) Theatre; (aa) Veterinary Clinic; (bb) Recreational Service, Indoor269. (cc) Retail Store, Licensed Cannabis270 (dd) Dwelling Unit271 11.5.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures; (b) Recycle Drop-Off Centres. (c) Dwelling Unit272 11.5.4 Subdivision Regulations (a) Minimum Lot Area 140m2 (b) Minimum Lot Width 7.5m (c) Maximum Lot Depth 24.0m 11.5.5 Development Regulations (a) Maximum Lot Coverage 100 percent (b) Maximum Floor Area Ratio 3.5274 269 Amendment Bylaw No. 2013-005 (June 24, 2013) 270 Amendment Bylaw No. 2018-026 (October 18, 2018) 271 Amendment Bylaw No. 2020-025 (December 14, 2020) 272 Amendment Bylaw No. 2019-027 (October 15, 2019) 274 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 11-10 (c) deleted273 11.5.6 Siting Regulations - Principal & Accessory (a) Minimum Front Setback 0.0m (b) Minimum Rear Setback 0.0m (c) Minimum Side Setback (Interior) 0.0m (d) Minimum Side Setback (Exterior) 0.0m (e) Maximum Height The lesser of 15.0m or 4 Storeys (f) Notwithstanding Section 11.5.6, where a Lot Abuts a Highway intersection, the required Setback for the First Storey Adjacent to the intersection shall accommodate an unobstructed Site Triangle, each such point forming the Site Triangle in this instance being 4.5m from the point of intersection. 11.5.7 Mixed Use and Dwelling Regulations (a) The Front Property Line width of individual commercial retail units shall not exceed 16.0m275. (b) A single Dwelling Unit is permitted, accessory to a principal non-residential use, and must be located above the first storey.276 (c) All Dwelling Units shall be provided with an at-Grade entrance separate from the non-residential Uses; where such an entrance fronts onto a public Street, said entrance may not exceed 5.0m in width. (d) All Apartments and Dwelling Units must be located either on a separate Storey above the non- residential Uses or on the same Storey as the non- residential Uses, provided that no more than 40 percent of the Gross Floor Area of the First Storey is occupied by Apartments and that no Apartments face Front Property Lines along the following Streets: (i) Victoria Road (from Hunt Street to Jubilee Road) (ii) Jubilee Road (from Dickson Avenue to Kelly Avenue) (iii) Main Street (from Victoria Road to Rosedale Avenue) (e) Ground floor Apartments may include live-work space that combines Dwelling space with commercial space, provided that such Apartments face Front Property Lines along the following public Streets: 273 Amendment Bylaw No. 2024-011 (June 11, 2024) 275 Amendment Bylaw No. 2020-025 (December 14, 2020) 276 Amendment Bylaw No. 2019-027 (October 15, 2019) Summerland Zoning Bylaw 2000-450 11-11 (i) Wharton Street (from Victoria Road/Hunt Street to Rosedale Avenue) 11.5.8 Other Regulations (a) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.6 CB2 Shopping Centre Zone CB2 11.6.1 Purpose To provide a zone to accommodate retail, Business, entertainment and personal service Uses within a Shopping Centre environment. Lands must be designated as Downtown Commercial under the District's Official Community Plan. 11.6.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Amusement Establishment; (b) Animal Shelter, Minor, subject to Section 7.14277; (c) Business support services; (d) Education Services; (e) Club; (f) Convenience Store; (g) Apartment Housing; (h) Eating & Drinking Establishment; (i) Financial Services; (j) Gas Bar; (k) Health Services; (l) Office; (m) Personal Service Establishment; (n) Protective & Emergency Services; (o) Recreational Services, Indoor; (p) Retail Store, General; 277 Amendment Bylaw No. 2000-459 (November 14, 2011) Summerland Zoning Bylaw 2000-450 11-12 (q) Theatre; (r) Veterinary Clinic; (s) Retail Store, Licensed Cannabis278 11.6.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses to a Shopping Centre subject to all applicable regulations of this Bylaw: (a)Accessory Buildings & Structures; (b)Recycle Drop-Off Centre; and (c)Recreational Services, Outdoor. 11.6.4 Subdivision Regulations (a) Minimum Lot Area 1,300m2 (b) Minimum Lot Width 25.0m (c) Minimum Lot Depth 40.0m 11.6.5 Development Regulations (a) Maximum Lot Coverage 35 percent (b) Maximum Floor Area Ratio 0.7 11.6.6 Siting Regulations279 (a) Minimum Front Setback 6.0m (b) Minimum Rear Setback 3.5m (see (f)) (c) Minimum Side Setback (Interior) 3.5m (see (f)) (d) Minimum Side Setback (Exterior) 2.4m (e) Maximum Height The lesser of 9.5m or 2 Storeys (f) Notwithstanding Section 11.6.6 (b) and (c), where a CB2 - Central Business zoned Lot Abuts an urban residential zoned Lot described in column 1 of Table 3.1, the minimum Rear Yard Setback shall be 6.0m and the minimum Interior Side Yard Setback shall be 3.0m. 11.6.7 Other Regulations (a) All Apartments shall be provided with an at-Grade entrance separate from the non-residential Uses. Where such an entrance fronts onto a public Street, said entrance may not exceed 5.0m in width. 278 Amendment Bylaw No. 2018-026 (October 18, 2018) 279 Amendment Bylaw No. 2012-017 (July 23, 2012) Summerland Zoning Bylaw 2000-450 11-13 (b) All Apartments must be located either on a separate Storey above the non- residential Uses or on the same Storey as the non-residential Uses, provided that no more than 40 percent of the Gross Floor Area of the first Storey is occupied by Apartment Uses and that no Apartments face Front Property Lines along the following public Streets: (i) Highway #97 (ii) Prairie Valley Road (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.7 CM Heavy Commercial Zone CM 11.7.1 Purpose To provide a zone to accommodate established commercial operations that require substantial on-site storage facilities. Lands must be designated as Service Commercial under the District's Official Community Plan. 11.7.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Cannery & Packing House (b) Farm Equipment, Supplies, and Sales (c) garden centre; (d) lumber yard; (e) Warehouse Sales Establishments. 11.7.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures; and (b) Employee Housing. 11.7.4 Subdivision Regulations (a) Minimum Lot Area 5.0ha (b) Minimum Lot Width 100m 11.7.5 Development Regulations (a) Maximum Lot Coverage 60 percent Summerland Zoning Bylaw 2000-450 11-14 11.7.6 Siting Regulations - Principal and Accessory Uses280 (a) Minimum Front Setback 6.0m (b) Minimum Rear Setback 3.0m (see (f)) (c) Minimum Side Setback (Interior) 2.4m (see (f)) (d) Minimum Side Setback (Exterior) 4.5m (e) Maximum Height The lesser of 12.0m or 2 Storeys (f) Notwithstanding Section 11.7.6 (b) and (c), where a CM - Heavy Commercial zoned Lot Abuts an urban residential zoned Lot described in column 1 of Table 3.1, the minimum Rear Yard Setback shall be 6.0m and the minimum Interior Side Yard Setback shall be 3.0m. 11.7.7 Other Regulations (a) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site. (b) All Employee Housing shall be provided with an at-Grade entrance separate from the non-residential spaces; where such an entrance fronts onto a public Street, said entrance may not exceed 5.0m in width. (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.7.8 Site Specific Provisions 11.5.8.1 Recreational Service, Indoor, is an allowable Principal Use only on Lot 1, Dl 473, ODYD, Plan KAP35935 Except for Plan 39724, located at 9304 Jubilee Road East. 11.8 MX1 Mixed Use Zone 281 MX1 11.8.1 Purpose The intent of the Mixed Use Zone is to provide a broad range of commercial and residential uses within Mixed-Use buildings up to 6 Storeys in height within the Downtown and Lower Town areas. 280 Amendment Bylaw No. 2012-017 (July 23, 2012) 281 Amendment Bylaw No. 2019-021 (June 10, 2019) Summerland Zoning Bylaw 2000-450 15 11.8.2 Principal Uses The following are Principal Uses permitted within the MX1 zone: Apartment Housing; Art Gallery & Museum; Amusement Establishment; Business support services; Craft Brewery/ Distillery; Child Care Centre, Major, Minor; Club; Community Recreation Services; Eating & Drinking Establishment; Education Services; Financial Services; Health Services; Hotel; Office; Personal Service Establishment; Place of Worship; Protective and Emergency Services; Recreation Service, Indoor; Retail Store, General; and, Retail Store, Licensed Cannabis (in the downtown core only). 11.8.3 Accessory Uses The following Accessory Uses permitted within the MX1 zone: (a) Accessory Buildings & Structures; and, (b) Home-occupation, Type 1, subject to Section 7.6. 11.8.4 Conditions of Use (a) Commercial uses are permitted within the first two stories only, (b) Commercial uses shall provide principal entrances located on the front face of the building. (c) All Dwelling units shall have an access to an at-grade entrance separate from the non-residential Uses282. 11.8.5 Subdivision Regulations (a) Minimum Lot Area 800m2 (b) Minimum Lot Width 20.0m (c) Maximum Lot Depth 30.0m 11.8.6 Development Regulations (a) Maximum Lot Coverage 90 percent (b) Maximum Floor Area Ratio 3.5283 11.8.7 Siting Regulations - Principal & Accessory 282 Amendment Bylaw No. 2020-025 (December 14, 2020) 283 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 12-16 (a) Minimum Front Setback 3.0m (b) Minimum Rear Setback 0.0m (c) Minimum Side Setback (Interior) 0.0m (d) Minimum Side Setback (Exterior) 3.0m (e) Notwithstanding Section 11.8.6, where a Lot Abuts a Highway intersection, the required Setback for the First Storey Adjacent to the intersection shall accommodate an unobstructed Site Triangle, each such point forming the Site Triangle in this instance being 4.5m from the point of intersection. (f) Maximum Height of Principal Buildings 22.0 m284 11.8.8 Other Regulations (a) Parking, loading or garbage collection facilities are not permitted between the front or exterior side face of a building and a public Highway. (b) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 11.8.9 Site Specific Provisions (a) Maximum Height of Principal Buildings, on lands legally described as: LOT 1 DISTRICT LOTS 455 AND 5085 OSOYOOS DIVISION YALE DISTRICT PLAN 5896 (13415 Lakeshore Dive), shall be: 23.0 12 Industrial Zones 12.1 M1 Light Industrial Zone M1 12.1.1 Purpose To provide a zone to accommodate light industrial Uses and the processing of Agriculture Products. Lands must be designated as Light Industrial under the District's Official Community Plan. 12.1.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Automotive & Equipment Repair Shop; (b) Contractor Services, Limited; 284 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 12-17 (c) Contractor Services, General;285 (d) Eating & Drinking Establishment; (e) Equipment Rental; (f) Farm Equipment, Supplies, and Sales286; (g) Protective & Emergency Services; (h) General Industrial Uses287; (i) Cannery & Packing House288; (j) Recycle Drop-Off Centre; (k) Recycling Depot; (l) Research Centre and Laboratory; (m) Winery & Cidery; (n) Craft Brewery & Distillery; (o) primary & secondary processing of Agriculture Products excluding abattoirs289; (p) Commercial Storage; and (q) Cannabis, Licensed Production290 12.1.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) indoor display areas, retail sales areas and/or Office areas; (c) Employee Housing; and (d) Storage Yard291 12.1.4 Subdivision Regulations292 (a) Minimum Lot Area (with sewer service) 1,800m2 (b) Minimum Lot Area (without sewer service) 1.0ha 285 Amendment Bylaw No. 2024-011 (June 11, 2024) 286 Amendment Bylaw No. 2020-025 (December 14, 2020) 287 Amendment Bylaw No. 2020-025 (December 14, 2020) 288 Amendment Bylaw No. 2020-025 (December 14, 2020) 289 Amendment Bylaw No. 2013-008 (April 29, 2013) 290 Amendment Bylaw No. 2018-027 (October 9, 2018) 291 Amendment Bylaw No. 2024-011 (June 11, 2024) 292 Amendment Bylaw No. 2012-017 (July 23, 2012) Summerland Zoning Bylaw 2000-450 12-18 (c) Minimum Lot Width 30.0m 12.1.5 Development Regulations (a) Maximum Lot Coverage 60 percent 12.1.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 7.0m (b) Minimum Rear Setback 0.0m (c) Minimum Side Setback (Interior) 5.0m (d) Minimum Side Setback (Exterior) 5.0m (e) Maximum Height The lesser of 12.0m or 2 Storeys (f) Notwithstanding Section 12.1.6 (b), where the Rear Yard Abuts any zone other than an industrial zone, the Rear Yard Setback shall be 7.5m. (g) Notwithstanding Section 12.1.6 (c), where one Side Setback (either Interior or Exterior) measures at least 5.0m, the other Interior Side Setback may be reduced to 0.0m, provided that it Abuts an industrial zone293. 12.1.7 Other Regulations (a) Eating & Drinking Establishments shall have a maximum Gross Floor Area of 100m2 and shall not include Premises licensed under the Liquor Control and Licensing Act. (b) Indoor display areas, retail sales areas and/or Office areas shall occupy no more than 25 percent of the Gross Floor Area devoted to the Principal Use. (c) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site, which may include: (i) one Apartment situated within the principal Building; or (ii) one Manufactured Home, if on a site greater than 2.0 ha. (d) Where a Lot zoned M1 Abuts Lots zoned for non-industrial Uses, no Use shall direct illumination, light, or glare beyond the boundary of the Lot on which the Use is located. (e) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 293 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 12-19 12.1.8 Site Specific Provisions (a) That Single Detached Housing is a permitted Principal Use for Lot A, District Lot 2194, ODYD, Plan KAP45982 being 18217 Bentley Road and Lot 1, District Lot 2194, ODYD, Plan 38005 being 18219 Bentley Road, only. (b) In the case of land located at 15835 Logie Road, legally described as Lot6 District Lot 454 Osoyoos Division Yale District Plan 16477, and 15836Industrial Avenue, legally described as Lot 7 District Lot 454 OsoyoosDivision Yale District Plan 16477 the following provisions shall apply: i. That Storage Yard is permitted as a Principle Use for Lot 6 District Lot 454 ODYD Plan 16477 being 15835 Logie Road and Lot 7District Lot 454 ODYD Plan 16477 being 15836 Industrial Avenue294. (c) In the case of land located at 9606 & 9806 Victoria Rd S, legally described as Lot B & C District Lot 439 ODYD Plan 28778 the following provision shall apply: i. That Concrete & Asphalt Plant is permitted as a Principal Use295. (g) In the case of land located at 8307 Jones Flat Road, legally described as Lot B District Lot 454 ODYD Plan 38000, the following provisions shall apply: i. The property line abutting Jones Flat Road be considered the front property line. ii. That Motorcycle Sales and Rentals be permitted as a Principal Use and defined as follows: a. Motorcycle Sales and Rentals means a Use where new or used motorcycles are sold, leased or rented and may include the associated storage and servicing of vehicles to be sold, leased and rented as well as the sale of motorcycle parts296. 12.2 M2 Heavy Industrial Zone M2 12.2.1 Purpose 294 Amendment Bylaw No. 2022-013 (May 24, 2022) 295 Amendment Bylaw No. 2022-017 (June 13, 2022) 296 Amendment Bylaw No. 2023-015 (July 18, 2023) Summerland Zoning Bylaw 2000-450 12-20 To provide a zone to accommodate more intensive industrial Uses as well as service commercial, light industrial and storage Uses. Lands must be designated as Medium Industrial under the District's Official Community Plan. 12.2.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Animal Shelter, Major, subject to Section 7.14297; (b) Auctioneering Establishment; (c) Automobile Sales & Rentals; (d) Automotive & Equipment Repair Shop; (e) Autobody Repair Shop; (f) Bulk Fuel Depot; (g) Commercial Storage; (h) Contractor Services, General; (i) Contractor Services, Limited; (j) crematorium; (k) Eating & Drinking Establishment; (l) Equipment Rental; (m) Farm Equipment, Supplies, and Sales298; (n) Fleet Service; (o) Greenhouse and Plant Nurseries299; (p) General Industrial Uses; (q) Cannery and Packing House300; (r) primary & secondary processing of Agriculture Products excluding abattoirs301; (s) Recycle Drop-Off Centre; (t) Recycling Depot; (u) Research Centre and Laboratory; (v) sawmill; 297 Amendment Bylaw No. 2000-459 (November 14, 2011) 298 Amendment Bylaw No. 2020-025 (December 14, 2020) 299 Amendment Bylaw No. 2020-025 (December 14, 2020) 300 Amendment Bylaw No. 2020-025 (December 14, 2020) 301 Amendment Bylaw No. 2013-008 (April 29, 2013) Summerland Zoning Bylaw 2000-450 12-21 (w) Service Station; (x) Storage Yard; (y) Warehouse Sales Establishment; (aa) Winery & Cidery; (bb) Craft Brewing & Distilling; (cc) Wrecking Yards; and (dd) Cannabis, Licensed Production302. 12.2.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures; (b) indoor display areas, retail sales areas and/or Office areas; and (c) Employee Housing. 12.2.4 Subdivision Regulations303 (a) Minimum Lot Area (with sewer service) 1,800m2 (b) Minimum Lot Area (without sewer service) 1.0ha (c) Minimum Lot Width 30.0m 12.2.5 Development Regulations (a) Maximum Lot Coverage 60 percent 12.2.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 7.0m (b) Minimum Rear Setback 0.0m (c) Minimum Side Setback (Interior) 5.0m (d) Minimum Side Setback (Exterior) 5.0m (e) Maximum Height The lesser of 14.0m or 2 Storeys (f) Notwithstanding Section 12.2.6 (b), where the Rear Yard Abuts any zone other than an industrial zone, the Rear Yard Setback shall be 7.5m. 302 Amendment Bylaw No. 2018-027 (October 18, 2018) 303 Amendment Bylaw No. 2012-017 (July 23, 2012) Summerland Zoning Bylaw 2000-450 12-22 (g) Notwithstanding Section 12.2.6 (c), where one Side Setback (either Interior or Exterior) measures at least 5.0m, the other Interior Side Setback may be reduced to 0.0m, provided that it Abuts an industrial zone304. 12.2.7 Other Regulations (a) Eating & Drinking Establishments shall have a maximum Gross Floor Area of 100m2 and shall not include Premises licensed under the Liquor Control and Licensing Act. (b) Indoor display areas, retail sales areas and/or Office areas shall not occupy more than 25 percent of the Gross Floor Area devoted to the Principal Use. (c) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site, which may include: (i) one Apartment situated within the Principal Building; or (ii) one Manufactured Home, if on a site greater than 2.0ha. (d) Where a Lot zoned M2 Abuts Lots zoned for non-industrial Uses, no Use shall direct illumination, light, or glare beyond the boundary of the Lot on which the Use is located. (e) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 12.2.8 Site Specific Provisions (a) In the case of LOT 1 DISTRICT LOT 439 OSOYOOS DIVISION YALE DISTRICT PLAN 30736 located at 9576 Cedar Ave, the following provisions shall apply305: (i) Notwithstanding Section 12.2.4, the Subdivision Regulations shall be: (a) Minimum Lot Area (with sewer service) shall be 1,320 m2 (c) Minimum Lot Width shall be 26.21 m 12.3 M3 Agri-Industrial Zone M3 12.3.1 Purpose 304 Amendment Bylaw No. 2020-025 (December 14, 2020) 305 Amendment Bylaw No. 2024-030 (September 24, 2024) Summerland Zoning Bylaw 2000-450 12-23 To provide a zone to accommodate agricultural processing on lands which are situated within the Agricultural Land Reserve or are otherwise isolated from established industrial sectors within the community. Lands must be designated as Agri-Industrial under the District's Official Community Plan. 12.3.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Agriculture, General; (b) Greenhouses & Plant Nurseries; (c) Cannery & Packing House306 (d) primary & secondary processing of Agriculture Products excluding abattoirs307; (e) Research Centre and Laboratory; and (f) Winery & Cidery. 12.3.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) indoor display areas, retail sales areas and/or Office areas; and (c) Employee Housing. 12.3.4 Subdivision Regulations308 (a) Minimum Lot Area (with sewer service) 1,800m2 (b) Minimum Lot Area (without sewer service) 1.0ha (c) Minimum Lot Width 30.0m 12.3.5 Development Regulations (a) Maximum Lot Coverage 10 percent (b) Notwithstanding Section 12.3.5 (a), a Lot for which the Principal Use is greenhouse, plant nurseries, primary & secondary processing of Agriculture Products and/or Wineries or Cideries may increase the maximum Lot Coverage to 65 percent. 306 Amendment Bylaw No. 2020-025 (December 14, 2020) 307 Amendment Bylaw No. 2013-008 (April 29, 2013) 308 Amendment Bylaw No. 2012-017 (July 23, 2012) Summerland Zoning Bylaw 2000-450 12-24 12.3.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 15.0m (b) Minimum Rear Setback 15.0m (c) Minimum Side Setback (Interior) 5.0m (d) Minimum Side Setback (Exterior) 10.0m (e) Maximum Height The lesser of 11.0m or 2 Storeys 12.3.7 Other Regulations (a) Indoor display areas, retail sales areas and/or Office areas shall not occupy more than 25 percent of the Gross Floor Area devoted to the Principal Use. (b) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site, which may include: (i) One Apartment situated within the Principal Building; or (ii) One Manufactured Home, if on a site greater than 2.0ha. (c) Where a Lot zoned M3 Abuts Lots zoned for non-industrial Uses, no Use shall direct illumination, light, or glare beyond the boundary of the Lot on which the Use is located. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 12.4 M4 Resource Industrial Zone M4 12.4.1 Purpose To provide a zone to accommodate resource-based industrial operations. Lands must be designated as Resource Industrial under the District's Official Community Plan. 12.4.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Concrete & Asphalt Plant; (b) Natural Resource Extraction operations; (c) solid waste & composting facility; and (d) Storage Yard for aggregate materials. Summerland Zoning Bylaw 2000-450 25 12.4.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) indoor display areas, retail sales areas and/or Office areas; and (c) Employee Housing. 12.4.4 Subdivision Regulations (a) Minimum Lot Area 2.0ha (b) Minimum Lot Width 100m 12.4.5 Development Regulations (a) Maximum Lot Coverage 10 percent 12.4.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 30.0m (b) Minimum Rear Setback 15.0m (c) Minimum Side Setback (Interior) 7.5m (d) Minimum Side Setback (Exterior) 7.5m (e) Maximum Height 18.0m 12.4.7 Other Regulations (a) Indoor display areas, retail sales areas and/or Office areas shall not occupy more than 25 percent of the Gross Floor Area devoted to the Principal Use. (b) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site, which may include: (i) one Apartment situated within the Principal Building; or (ii) one Manufactured Home, if on a site greater than 2.0ha. (c) Where a Lot zoned M4 Abuts Lots zoned for non-industrial Uses, no Use shall direct illumination, light or glare beyond the boundary of any Lot zoned M4. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. Summerland Zoning Bylaw 2000-450 26 12.5 M1-A Business Industrial Zone M1-A 12.5.1 Purpose The purpose is to provide a zone to accommodate business industrial development containing clean industrial and businesses that provide services and support to industrial uses with limited outdoor storage and to provide for a transition to clean industrial uses. 12.5.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Animal Shelter, Minor, subject to Section 7.14; (b) Automotive & Equipment Repair Shop; (c) Craft Brewing & Distilling; (d) Broadcasting Studios; (e) Business support service; (f) Club; (g) Cannabis, Licensed Production309 (h) Contractor Services, Limited; (i) Eating & Drinking Establishment; (j) Equipment Rental; (k) Farm Equipment, Supplies, and Sales310 (l) Greenhouse and Plant Nurseries311 (m) General Industrial Uses312 (n) Industrial High Technology Research and Product Design; (o) Primary & secondary processing of Agriculture Products, excluding abattoir; (p) Protective & Emergency Services; (q) Recreational Service, Indoor; (r) Recycling Depot; (s) Research Centre and Laboratory; 309 Amendment Bylaw No. 2018-027 (October 9, 2018) 310 Amendment Bylaw No. 2020-025 (December 14, 2020) 311 Amendment Bylaw No. 2020-025 (December 14, 2020) 312 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 27 (t) Warehouse Sales Establishment; and (u) Winery & Cidery. 12.5.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; (b) Education Service; (c) Indoor display areas, retail sales areas and/or Office areas; (d) Employee Housing; and (e) Recycle Drop-Off Centre. 12.5.4 Subdivision Regulations (a) Minimum Lot Area (with sewer service) 1800m² (b) Minimum Lot Area (without sewer service) 1.0ha (c) Minimum Lot Width 30.0m 12.5.5 Development Regulations (a) Maximum Lot Coverage 60 percent 12.5.6 Siting Regulations - Principal and Accessory Uses (a) Minimum Front Setback 7.0m (b) Minimum Rear Setback 0.0m (c) Minimum Side Setback (interior) 5.0m (d) Minimum Side Setback (exterior) 5.0m (e) Maximum Height 14.0m (f) Notwithstanding Section 12.1.6(b), where the Rear Yard Abuts any zone other than an industrial zone, the Rear Yard Setback shall be 7.5m. (g) Notwithstanding Section 12.1.6(c), where one Side Setback (either Interior or Exterior) measures at least 5.0m, the other Interior Side Setback may be reduced to 0.0m, provided that it abuts an industrial zone313. 12.5.7 Other Regulations (a) Eating & Drinking Establishments shall have a maximum Gross Floor Area of 100m² 313 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 28 and shall not include Premises licensed under the Liquor Control and Licensing Act. (b) Indoor display areas, retail sales areas and/or Office areas shall occupy no more than 25 percent of the Gross Floor Area devoted to the Principal Use. (c) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site, which may include: (i) One Apartment situated within the principal Building; or (ii) One Manufactured Home, if on a site greater than 2.0ha. (d) Where a Lot rezoned M1-A Abuts Lots zoned for non-industrial Uses, no Use shall direct illumination, light, or glare beyond the boundary of the Lot on which the Use is located. (e) No industrial uses are permitted which carry out their operations such that there would be excessive noise, odour, or other emissions created outside an enclosed building. Excessive emissions are those that exceed standards set by Provincial legislation. (f) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 13 Public, Open land & Institutional Zones 13.1 PR1 Parks and Recreation Zone PR1 13.1.1 Purpose To provide a zone to accommodate open space and outdoor community recreation Uses. Lands must be designated as Environmentally Sensitive Areas or Parks under the District's Official Community Plan. 13.1.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Boat Launch; (b) public beach; Summerland Zoning Bylaw 2000-450 13-29 (c) Cemetery; (d) playground; (e) Recreational Services, Outdoor; and (f) Outdoor Park 13.1.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures; (b) Eating & Drinking Establishment limited to concession stand facilities; and (c) Docks 13.1.4 Development Regulations (a) Maximum Lot Coverage 25 percent (b) Maximum Floor Area Ratio 0.5 13.1.5 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 7.0m (b) Minimum Rear Setback 7.0m (c) Minimum Side Setback (Interior) 5.0m (d) Minimum Side Setback (Exterior) 5.0m (e) Maximum Height The lesser of 9.5m or 2 Storeys 13.1.6 Other Regulations (a) Two concession stands shall be permitted per Principal Use, and the maximum Gross Floor Area of each concession stand shall be 100m2. (b) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 13.1.7 Site Specific Provisions (a) That the permitted Principal use of Marina, be allowed for Lot 1, Plan KAP61478, 17001 Lakeshore Drive, only. 13.2 FG Forestry Grazing Zone FG Summerland Zoning Bylaw 2000-450 13-30 13.2.1 Purpose To provide a zone to accommodate forestry, grazing and conservation Uses in areas of the community that are currently confined by the availability of water, roads or other infrastructure and service needs. Lands must be designated as Openland, or Future Growth Areas under the District's Official Community Plan. 13.2.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Forestry; (b) Agriculture, General, limited to grazing; (c) Manufactured Housing - Type 1 or 2; and (d) Single Detached Housing. 13.2.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures; (b) Home Occupation - Type 1,2 or 3, subject to Section 7.6; and (c) stable. 13.2.4 Subdivision Regulations (a) Minimum Lot Area 20.0ha 13.2.5 Development Regulations (a) Maximum Lot Coverage 10 percent 13.2.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 10.0m (b) Minimum Rear Setback 7.0m (c) Minimum Side Setback (Interior) 7.0m (d) Minimum Side Setback (Exterior) 7.0m (e) Maximum Height 12.0m 13.2.7 Other Regulations (a) The maximum number of principal Dwellings shall not exceed one (1) Single Summerland Zoning Bylaw 2000-450 13-31 Detached House or one (1) Manufactured House per Lot or Development Site. (b) Accessory Buildings or Structures will be limited to a maximum of 100m² or 25% of the allowable Lot Coverage, whichever is greater. (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 13.3 PP Preservation & Protection Zone PP 13.3.1 Purpose To provide a zone to protect land areas in the community that have significant environmental value, are endangered natural habitat or are undevelopable due to topographical or environmental constraints. Lands must be designated as Environmentally Sensitive Development Permit Areas or High Hazard Development Permit Areas under the District's Official Community Plan. 13.3.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Agriculture, General, limited to grazing; and (b) Open land Recreation. 13.3.3 Other Regulations (a) No Buildings of any kind other than those required to protect Government & Utility Services are permitted within this zone. (b) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 13.4 I Institutional Zone I 13.4.1 Purpose To provide a zone to accommodate major community facilities that address institutional, cultural, and educational needs of the community. Lands must be designated as Administration under the District's Official Community Plan. 13.4.2 Principal Uses The following Uses and no other Uses shall be the permitted Principal Uses in this Summerland Zoning Bylaw 2000-450 13-32 zone subject to all applicable regulations of this Bylaw: (a) Art Gallery and Museum; (b) Child Care Centre, Major, Minor; (c) Community Recreation Services; (d) court house; (e) Funeral Home; (f) Group Home, Major; (g) hospital; (h) library; (i) Place of Worship; (j) Protective & Emergency Services; (k) Education Services; (l) Recreational Services, Indoor; (m) Recreational Services, Outdoor; (n) Recycle Drop-Off Centre; and (o) Research Centre and Laboratory. 13.4.3 Accessory Uses The following Uses and no other Uses shall be the permitted Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures; (b) Dormitory314; (c) Eating & Drinking Establishment; and (d) Employee Housing. 13.4.4 Subdivision Regulations (a) Minimum Lot Area 700m2 (b) Minimum Lot Width 18.0m (c) Minimum Lot Depth 30.0m 13.4.5 Development Regulations (a) Maximum Lot Coverage 50 percent (b) Maximum Floor Area Ratio 0.8 314 Amendment Bylaw No. 2017-021 (August 28, 2017) Summerland Zoning Bylaw 2000-450 13-33 13.4.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 7.0m (b) Minimum Rear Setback 7.0m (c) Minimum Side Setback (Interior) 5.0m (d) Minimum Side Setback (Exterior) 5.0m (e) Maximum Height The lesser of 14.0m or 4 Storeys 13.4.7 Other Regulations (a) Employee Housing shall be limited to one (1) Dwelling unit per Lot or Development Site. (b) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 13.4.8 Site Specific Provisions .1 In the case of the land at 14812 & 14820 Victoria Road N, legally described as Parcel A (Plan B5540) of Lot 13, District Lot 340, ODYD, District Plan 287A Except Plan KAP72519 and Lot 13, District Lot 3640, ODYD, Plan 287A Except: 1) Parcel B (135968F) 2) Plans B5540, B3694, and KAP72519; shown of figure 13.4.8.1, the following provisions shall apply315: (a) Permitted uses shall include those listen in Section 13.4 as well as the Cluster Housing Use shall be permitted as an accessory use to the Places of Worship Use subject to the following regulations for: a. The density of dwelling units shall not exceed 30 units per hectare b. Siting Regulations for the Cluster Housing Use is - Minimum Front Setback 4.5m - Minimum Rear Setback 4.5m - Minimum Side Setback (Interior) 1.5m - Minimum Side Setback (Exterior) 4.5m c. The maximum height for the Cluster Housing Use is 9.5 metres. 315 Amendment Bylaw No. 2019-0085 (March 11, 2019) Summerland Zoning Bylaw 2000-450 14-34 Figure 13.4.8.1 14 Water Zones316 14.1 WZ1 - Recreational Water Use Zone 1 WZ1 14.1.1 Purpose To provide a zone that allows for the recreational enjoyment of upland property owners and foreshore public access while minimizing impacts on fish, wildlife, and vegetation communities. 14.1.2 Principal Uses The following Uses and no other Uses shall be permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Boating; 316 Amendment Bylaw No. 2016-028 (October 24, 2016) Parcel A (Plan B5540) of Lot 13, District Lot 3640, ODYD, District Plan 287A Except Plan KAP72519 Lot 13, District Lot 3640, ODYD, Plan 287A Except: 1) Parcel B (135968F) 2) Plans B5540, B3694, and KAP72519 Summerland Zoning Bylaw 2000-450 14-2 (b) foreshore public access (including public boat launches adjacent to public roads); (c) Recreational Water Activities; (d) Uses permitted by Provincial Crown Lands; and (e) public utilities (municipal, provincial or federal). 14.1.3 Accessory Uses (if a principal use is occurring on the upland lot) (a) Docks; (b) Boat Lifts if part of a dock; and (c) temporary Moorage. 14.1.4 Subdivision Regulations N/A 14.1.5 Private Wharfage Regulations317 (a) Docks shall not extend into Okanagan Lake from the natural boundary more than 40.0 m. (b) Docks shall have a minimum Setback from Side Property Line projected into the lake as a perpendicular extension from the general trend of the shoreline commencing at the intersection of the Side Property Line and the natural boundary as follows: i. 5.0 m; and ii. 6.0 m when adjoining a public park. (c) Notwithstanding 14.1.5(b), private moorage shared by two or more upland property owners (shared dock or strata moorage facility) is not required to provide any Setback between the upland Lots sharing the private moorage. 14.1.6 Other Regulations318 (a) In addition to the regulations listed above, other regulations may apply. These include Section 7.5 Marinas, Docks, and other Wharfage Facilities Regulations. (b) Boating activity is restricted to those areas not marked as swimming areas by the placement of Buoys approved by local, provincial or federal governments. 14.2 WZ2 - Recreational Water Use Zone 2 WZ2 14.2.1 Purpose To provide a zone that allows for the recreational enjoyment of the lake but prohibits Moorage or Docks beyond 100 m. 14.2.2 Principal Uses 317 Amendment Bylaw No. 2022-024 (July 25, 2022) 318 Amendment Bylaw No. 2022-024 (July 25, 2022) Summerland Zoning Bylaw 2000-450 14-3 The following Uses and no other Uses shall be permitted Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Boating; (b) Recreational Water Activities; (c) Uses permitted by Provincial Crown Lands; and (d) public utilities (municipal, provincial or federal). 14.2.3 Accessory Uses (if a principal use is occurring on the upland lot) N/A 14.2.4 Subdivision Regulations N/A 14.2.5 Development Regulations N/A 14.2.6 Other Regulations (a) Boating activity is restricted to those areas not marked as swimming areas by the placement of Buoys approved by local, provincial or federal governments. 14.3 WZ3 - Intensive Water Use Zone WZ3 14.3.1 Purpose To provide for a diverse and concentrated range of water activities of a public or commercial nature, consistent with the upland use, maintaining foreshore public access, and minimizing impacts on fish, wildlife, and vegetation communities. 14.3.2 Principal Uses (a) Boat Launches (b) Boat Lifts (c) Boating (d) Docks (e) fish hatcheries (f) foreshore public access (g) Marinas (h) Marina equipment rentals (i) public utilities (municipal, provincial or federal) (j) Recreational Water Activities (k) temporary moorage (l) Uses permitted by Provincial Crown Lands (m) water feature installations 14.3.3 Accessory Uses (a) marine fuel facilities (b) marine sani-dump facilities Summerland Zoning Bylaw 2000-450 14-4 14.3.4 Subdivision Regulations N/A 14.3.5 Private, Public and Commercial Wharfage Regulations319 (a) Marinas and Docks shall not extend into Okanagan Lake from the natural boundary more than 160.0 m. (b) Marinas and Docks shall have a minimum Side Property Line Setback from the perpendicular extension from the general trend of the shoreline of the Side Property Line projected into the lake of 10 m. (c) Notwithstanding 14.3.5(b), private moorage shared by two or more upland property owners (shared dock or strata moorage facility) is not required to provide any Setback between the upland Lots sharing the private moorage. (d) Marinas and Docks within 100 m from the natural boundary of a public beach or a designated swim area shall site Wharfage facilities on the opposite side of the Structure from the park/swim area. 14.3.6 Other Regulations320 (a) In addition to the regulations listed above, other regulations may apply. These include Section 7.5 Marinas, Docks, and other Wharfage Facilities Regulations. (b) Boating activity is restricted to those areas not marked as swimming areas by the placement of buoys approved by local, provincial or federal governments. 319 Amendment Bylaw No. 2022-024 (July 25, 2022) 320 Amendment Bylaw No. 2022-024 (July 25, 2022) Summerland Zoning Bylaw 2000-450 15-5 15 Comprehensive Development Zones 15.1 CD Comprehensive Development Zones 15.1.1 Purpose To provide a zone which will allow for the creation of customized land use regulations for site-specific Developments where the use of other conventional zones in this Bylaw would not accommodate the public interest. Proposed uses and densities must be in conformity with the District's Official Community Plan. 15.1.2 Zone Appropriateness The use of this zoning tool to accommodate any proposed development shall only be considered where the following concerns would apply: (a) the use of any other zone in this Bylaw would result in a potential conflict with the scale and character of existing or future surrounding development, should the full development potential of that zone be used; or (b) the scale, character or complexity of the contemplated development is so unique that it cannot be appropriately regulated by another zone; or (c) the use of any other zone could lead to conflicts with established policies and objectives of the District's Official Community Plan. 15.1.3 Applications - deleted321 15.1.4 Uses Council, in approving a CD - Comprehensive Development Zone, shall specify the Uses permitted under this zoning classification. 15.1.5 Regulations Council, in approving a CD - Comprehensive Development Zone, shall specify the regulations required under this zoning classification. 15.1.6 Development Permits Council, in approving a CD - Comprehensive Development Zone, shall specify what parts of a proposed Development requires further approval by Council where the use of this zone is or will be within a designated Development Permit Area. 15.1.7 Zoning Map Identification All approved CD - Comprehensive Development Zones shall be designated on the District's zoning map as "CD" followed by a series of sequential reference numbers starting with the number 1. 321 Amendment Bylaw No. 2020-025 (December 14, 2020) Summerland Zoning Bylaw 2000-450 15-2 15.2 CD1 - Comprehensive Development Zone CD1 Purpose To provide a zone to accommodate specialized housing for senior citizens in the form of Apartment Housing. Lands must be designated as HDR - High Density Residential under the District's Official Community Plan. 15.2.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Apartment Housing - senior citizen 15.2.3 Secondary Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures. 15.2.4 Subdivision Regulations (a) Minimum Lot Area 4,000m2 (b) Minimum Lot Width 30.0m (c) Minimum Lot Depth 30.0m 15.2.5 Development Regulations (a) Minimum Lot Coverage 50% (b) Maximum Floor Area Ratio 1.2 (c) Maximum Density 145 Dwellings per ha 15.2.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 0.0m (ii) Minimum Rear Setback 5.0m (iii) Minimum Side Setback (Interior) 5.0m (iv) Minimum Side Setback (Exterior) 5.0m (v) Maximum Height The lesser of 14.0m or 3 Storeys (vi) Notwithstanding Section 14.2.6(a)(v), the proposed parking Summerland Zoning Bylaw 2000-450 15-3 level shall not be classified as a Storey provided that the entire Building is sprinklered. (b) Accessory Buildings and Structures: (i) Minimum Front Setback 0.0m (ii) Minimum Rear Setback 1.5m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 5.0m (v) Maximum Height The lesser of 4.5m or 1 Storey 15.2.7 Other Regulations (a) In accordance with the District's Official Community Plan, all multiple family Developments are designated as Development Permit Areas, and for the purpose of this zone, the proposed senior citizen housing complex is considered to be a multiple family Development. (b) Parking for the housing complex shall be provided at a minimum level of 18 resident parking spaces and 19 visitor/employee parking spaces. All other regulations of Section 6: Parking & Loading Regulations shall remain in effect. (c) Outdoor amenity space, in keeping with the District's Multiple Family Development Permit guidelines, shall be provided at a rate of 27.5 square meters per Dwelling. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.3 CD2 - Comprehensive Development Zone CD2 15.3.1 Purpose To provide a zone to accommodate a resort Development adjacent to Okanagan Lake in the Lower Town Development Permit Area as defined in Schedule "F" of the District's Official Community Plan. Lands must be designated TC-Tourist Commercial under the District's Official Community Plan. 15.3.2 Principal Uses Summerland Zoning Bylaw 2000-450 15-4 The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) resorts, defined as a hotel with individual cooking facilities being permitted in each guestroom. 15.3.3 Secondary Uses The following Uses and no other Uses shall be the secondary Uses in the zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures. 15.3.4 Development Regulations (a) Maximum Lot Coverage 50% (b) Maximum Gross Floor Area 5,250m2 15.3.5 Siting Regulations - Principal & Secondary Uses (a) Maximum Front Setback 0.9m for up to 40% of the Lot width with the balance having a minimum Setback requirement of 2.5m (b) Minimum Rear Setback 6.0m from the natural boundary plotted from the survey plan DL 5204 as shown on Lot A, DL 455 and DL 5204, Plan 33645, ODYD (c) Minimum Side Yard Setback (Interior, North) 2.1m (d) Minimum Side Yard Setback (Interior, South) 0.0 (e) Maximum Height The lesser of 14.5m or 3 Storeys (f) Notwithstanding Section 14.3.5(c) and Section 14.3.5(d) of this Bylaw, roof overhangs may project 1.2m into the required Side Interior Setback. (g) Notwithstanding Section 14.3.5(c)(d) of this Bylaw, the underground parking garage may extend to within 1.2m of the property line provided the top of the structure is not more than 2.0m above natural grade. Summerland Zoning Bylaw 2000-450 15-5 (h) Notwithstanding Section 14.3.5(e) and Section 14.3.5(g) of this Bylaw, the proposed parking level and mezzanines shall be classified as a Storey. 15.3.6 Other Regulations (a) Parking for the resort complex shall be provided in conformance with the parking requirements for Hotels identified under Section 6: Parking and Loading Regulations of this Bylaw. (b) The siting, size and dimensions of Buildings and Structures shall be in compliance with the plans attached to this Bylaw and dated June 1, 2000. (c) A resort use in this zone is not required to comply with the road dedication requirements of Section 4.7 Setbacks from Highways and Major Streets of this Bylaw. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.4 CD3 - Comprehensive Development Zone CD3 15.4.1 Purpose To provide a zone to accommodate the comprehensive Development of Single Detached Housing on smaller Lots having Full Urban Services in a bare land strata format. Lands must be designated as MDR - Medium Density Residential under the District's Official Community Plan. 15.4.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Single Detached Housing 15.4.3 Secondary Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures. (b) Home Occupations - Type 1. 15.4.4 Subdivision Regulations Summerland Zoning Bylaw 2000-450 15-6 (a) Minimum Development Site Area 4,000m2 (b) Minimum Development Site Width 40.0m (c) Minimum Development Site Depth 200m (d) Minimum Lot Area 235m2 (e) Minimum Lot Width 7.5m 15.4.5 Development Regulations (a) Maximum Lot Coverage 40% (b) Maximum Floor Area Ratio 0.55 (c) Maximum Density 20 Dwellings per ha 15.4.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 4.5m (ii) Minimum Rear Setback 4.0m (iii) Minimum (Interior) Side Setback 1.5m (iv) Minimum (Exterior) Side Setback 4.6m (v) Maximum Height The lesser of 9.0m or 2 Storeys (vi) Notwithstanding Section 14.4.6(a)(iii), a Lot having no direct vehicular access to the rear yard without a garage or carport shall maintain one Side Yard Setback of at least 3.0 meters. (b) Principal Buildings and Structures: (i) Minimum Front Setback 4.5m (ii) Minimum Rear Setback 1.5m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 4.0m (v) Maximum Height The lesser of 4.5m or 1 Storey Summerland Zoning Bylaw 2000-450 15-7 15.4.7 Other Regulations (a) Only one (1) Dwelling will be permitted per Lot site. (b) All roads and services within the Development Site shall meet the regulations of the District's Subdivision and Development Servicing Bylaw. (c) Only one (1) Accessory Building or Structure will be allowed per Lot with a maximum Gross Floor Area of 10.0m2. (d) No communal parking, loading, garbage collection facilities or individual driveways other than the existing Dwelling at 10602 Victoria Road South shall be permitted have direct access to the Abutting public Highway. (e) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.5 CD4 - Comprehensive Development Zone CD4 Purpose To provide a zone to accommodate a seniors' care complex providing a combination of residential care beds (Group Home, Major) and assisted living units. Lands must be designated as A - Administration under the District's Official Community Plan. 15.5.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Assisted living units* (b) Group Home, Major. *For the purpose of this zone, assisted living units are defined as Apartment Housing intended for senior citizens who by reason of physical or mental difficulties require some professional assistance to meet their day-to-day living activities. 15.3.3 Secondary Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings & Structures. (b) Eating and Drinking Establishments for the residents. (c) Recreational Services, Indoor for the residents. 15.3.4 Subdivision Regulations Summerland Zoning Bylaw 2000-450 15-8 (a) Minimum Lot Area 1.6ha (b) Minimum Lot Width 125m (c) Minimum Lot Depth 125m 15.3.5 Development Regulations (a) Maximum Lot Coverage 40% (b) Maximum Floor Area Ratio 1.15 (c) Maximum Density 90 Dwellings per ha 15.3.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 8.0m (iii) Minimum Side Setback (Interior) 5.0m (iv) Minimum Side Setback (Exterior) 0.9m (v) Maximum Height The lesser of 18.0m or 4 Storeys (vi) Notwithstanding Section 14.5.6(a)(v), the proposed parking level shall not be classified as a Storey. (b) Principal Buildings and Structures: (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 8.0m (iii) Minimum Side Setback (Interior) 5.0m (iv) Minimum Side Setback (Exterior) 0.9m (v) Maximum Height The lesser of 4.5m or 1 Storey 15.3.7 Other Regulations (a) In accordance with the District's Official Community Plan, all multiple family Developments are designated as Development Permit Areas, and for the purpose of this zone, the proposed assisted living units are not considered to Summerland Zoning Bylaw 2000-450 15-9 be a multiple family Development. (b) Parking for the housing complex shall be based on one parking stall per 4 bedrooms for Group Homes, Major plus one parking stall per 3 Dwelling units for the assisted living units. All other regulations of Section 6: Parking & Loading Regulations shall remain in effect. (c) The seniors care complex is required to comply with the road dedication requirements of Section 4.7 Setbacks from Highways and Major Streets of this Bylaw. (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.6 CD5 - Comprehensive Development Zone CD5 15.6.1 Purpose To provide a zone to accommodate a resort Development adjacent to Okanagan Lake in the Lower Town Development Permit Area as defined in Schedule "F" of the District's Official Community Plan. Lands must be designated TC-Tourist Commercial under the District's Official Community Plan. 15.6.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) resorts, defined as a Hotel with individual cooking facilities being permitted in each guestroom. 15.6.3 Secondary Uses The following Uses and no other Uses shall be the secondary Uses in the zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures. 15.6.4 Development Regulations (a) Maximum Lot Coverage 50% (b) Maximum Floor Area Ratio 1.0 15.6.5 Siting Regulations - Principal & Secondary Uses Summerland Zoning Bylaw 2000-450 15-10 (a) Maximum Front Setback 0.9m for up to 40% of the Lot width with the balance having a minimum Setback requirement of 2.5m (b) Minimum Rear Setback 3.5m (c) Minimum Side Setback (Interior) 3.0m (d) Minimum Side Setback (Exterior) 3.0m (e) Maximum Height The lesser of 16.2m or 3 Storeys (f) Notwithstanding Section 14.6.5(b), the hot tub terrace and deck may extend up to the Rear Property Line. (g) Notwithstanding Section 14.6.5(c), the line-of-entry canopy located on the south elevation of the resort can extend up to .30 meters of the south Property Line. (h) Notwithstanding Section 14.6.5(e), the proposed parking level and mezzanines shall be classified as a Storey 15.6.6 Other Regulations (a) The general design and proposed layout of the resort Development shall be in keeping with the plans attached to this Bylaw and dated December 20, 2002. (b) The resort use in this zone is not required to comply with the road dedication requirements of Section 4.7 Setbacks from Highways and Major Streets of this Bylaw. (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.7 CD6 - Comprehensive Development Zone CD6 FINAL READING AND ADOPTION OF THE CD6 ZONE HAS NOT YET TAKEN PLACE 15.8 CD7 - Comprehensive Development Zone322 CD7 15.8.1 Purpose 322 Amendment Bylaw No. 2012-010 (May 14, 2012) Summerland Zoning Bylaw 2000-450 15-11 To provide a zone to accommodate a mixed-use infill Development adjacent to the downtown core having a unique architectural style. Lands must be designated DC - Downtown Commercial under the District's Official Community Plan. 15.8.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Art galleries & museums; (b) Community Recreational Services; (c) Dwelling units above the main floor; (d) Group Home Major; (e) Eating & Drinking Establishments; (f) Health Services; (g) Financial Services; (h) Personal Services Establishments; (i) libraries; (j) Offices; (k) Retail Stores, General; (l) Clubs; (m) Wine & Beer stores. 15.8.3 Accessory Uses The following Uses and no other Uses shall be the secondary Uses in the zone subject to all applicable regulations of this Bylaw: (a) Home Occupations - Type 1; (b) Accessory Buildings and Structures; (c) Public Open Space, Town Square. 15.8.4 Development Regulations (d) Maximum Lot Coverage: (i) Buildings A1, A2, A3 & B (main floor) 60% (e) Development in accordance with the attached Summerland Plaza Conceptual Summerland Zoning Bylaw 2000-450 15-12 Plan, dated March 30th, 2012 (f) Floor Area Ratio (FAR) - 2.5 (max.) 15.8.5 Siting Regulation - Principal Uses The required setbacks for the proposed stepped Building design shall be in keeping with site layout plan dated March 20th, 2012 prepared by The District of Summerland. (a) Maximum Height 25.0 metres (b) Minimum Height 11.0 metres (c) Setback from front & side exterior 2.4 metres (d) Setback from side & rear interior 0.0 metres 15.8.6 Other Regulations (a) The general design and proposed layout of the Development shall be in keeping with the plans attached to this Bylaw dated March 20, 2012 and referred to as CD7-A, Plan 1 to 5 inclusive. (b) Parking for the Development shall be provided based on the following calculations: (i) 1 parking stall per residential Dwelling unit plus (ii) 1parking stall per 95m² of Gross Floor Area for all commercial/institutional uses plus (c) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. (d) Fee in lieu of parking in accordance with CB-1, 6.4.1; PRELIMINARY CONCEPT PLAN \ - \ \- 1----------- \ \ I Ii I - -+1--I-----=_=J L ------ L_ A1 /_ - MAIN- FtOOR +l-15 ,995SOFT TYP - D MAIN FLOOR +/- 8,707SQFT TYP - , '-.. --- - - +/- 16,570 SQ.FT TYP -- - __, \ \ _ ---- ---- ---- - - --\ \ \ SUMMERLAND PLAZA I FLOOR ; SECOND FLOOR -+-l-15 , 995 SQ.FT TYP . Scale 1:500 SECOND \ \ I I \ SUMMERLAND PLAZA PRELIMINARY CONCEPT PLAN - SECOND FLOOR I 12-03-28 jl ' !STI THIRD FLOOR ·- +/- 5 .7 8 0 S O.FT. ' ··,- -H -, ·: - I ............................................................... - I Sca le 1: 500 THIRD FLOOR \ :,,_ \ \ SUMMERLAND PLAZA 12-03-28 jl PRELIMINARY CONCEPT PLAN - THIRD FLOOR SUMMERLAND PLAZA 12-03-28 jl PRELIMINARY CONCEPT PLAN - FOURTH FLOOR 15-17 FIFTH FLOOR Mar 9 2012JI SUMMERLAND PLAZA Summerland Zoning Bylaw 2000-450 15-18 Deleted323 323 Amendment Bylaw No. 2024-011 (June 11, 2024) Summerland Zoning Bylaw 2000-450 15-19 BYLAW 2024-026 - COMPREHENSIVE DEVELOPMENT ZONE 9324 15.9 CD9 - Comprehensive Development Zone CD9 15.9.1 Purpose To provide zoning for a District of Summerland-led residential development called the 'Eco Village', which is comprised of four (4) sub-area zones as shown on the attached Schedule "A" forming a part of this zone: NeighbourWood (Nw), Hillside (Hs), High Density (Hd), and Mixed Density (Md). Lands planned for development must be designated as Medium Density Residential under the District's Official Community Plan. 15.9.2 NeighbourWood (Nw) Sub-Area 15.9.2.1 Purpose To provide a zone to accommodate the development of multiple low- scale residential housing units in close proximity to each other in the form of courtyard and clustered orientation with access to Full Urban Services. The goal is to minimize impacts of development on the natural environment and topography, and support retention of open vegetated spaces for recreational use and naturalized spaces within and surrounding well-designed residential Uses. 15.9.2.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (c) Cluster Housing 15.9.2.3 Accessory Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Agriculture, Urban (b) Child Care Centre, Minor, subject to Section 7.7; 324 Amendment Bylaw No. 2024-026 (August 13, 2024) Summerland Zoning Bylaw 2000-450 15-20 (c) Home Occupation - Type 1, subject to Section 7.6 (d) Outdoor Park (e) Secondary Suites, subject to Section 7.3; (f) Short Term Rental, subject to Section 7.2 16 15.9.2.4 Subdivision Regulations (a) Minimum Lot Area 2.0 ha (b) Minimum Lot Width 80.0 m (c) Minimum Lot Depth 100.0m 15.9.2.5 Development Regulations (a) Maximum Lot Coverage 40% (b) Maximum Floor Area Ratio 0.8 (c) Maximum Gross Floor Area per Dwelling unit type: i. Single Detached Housing: ii. Duplex Housing: iii. Multi-Unit Housing: 200 m2 175 m2 per unit 150 m2 per unit 15.9.2.6 Siting Regulations (Buildings within a Strata Development) (c) Principal Buildings and Structures: (i) Minimum Front Setback 3.0m (ii) Minimum Rear Setback 6.0m (iii) Minimum Side Setback (Interior) 1.2m (iv) Minimum Side Setback (Exterior) 5.0m (v) Minimum Setback between Buildings/Structures 2.4m (vi) Maximum Height The lesser of 9.5m or 2 Storeys (vii) Notwithstanding Section 15.9.2.5 (a)(vi), Buildings with a proposed parking only level below all residential living space Storeys shall have a maximum Height of 11.0 or 3 Storeys Summerland Zoning Bylaw 2000-450 15-21 15.10.2.6 Additional Siting Regulations (a) All principle Buildings and Structures should provide for maximum solar gain (e.g. be oriented to have the long sides and window orientation facing north-south. If orientation is not possible due to landscape or topographical constraints, efforts to orient the building to provide optimal solar gain for that area is instead required.) (b) No parking, loading or garbage collection facilities shall be permitted in any required yard abutting a public highway. (c) Parking facilities, which includes garages, and carports shall be located in the underground, or in enclosed surface parking facilities. No open-air surface parking lots are permitted. 15.9.2.8 Landscaping Regulations (a) Maximize retention of existing landscape and minimize the extents of physical construction and development. The natural landscape should be retained and serve to define landscape character within the overall site design (b) Landscaping for the purposes of post-construction restoration and enhancement shall adhere to the recommendations included in Eco-Village Concept Plan landscape guidelines. (c) Maximize permeability and onsite management of stormwater through a combination of retained or replanted native/climate zone-appropriate vegetation, building materials, and site appropriate green infrastructure (i.e. vegetated swales, vegetated stormwater features, permeable paving etc). (d) Maximize tree retention. A tree retention plan, completed by a professional arborist, is to be provided that outlines which trees are to be protected, maintenance and a proposed monitoring program to ensure protection of the retained tree canopy. (e) All landscape installations shall meet or exceed the current edition of the British Columbia Landscape Standard published by the British Columbia Society of Landscape Architects and the British Columbia Landscape and Nursery Association 15.9.2.9 Other Regulations (a) No garbage collection facilities shall be sited in any required yard abutting a public Highway. Summerland Zoning Bylaw 2000-450 15-22 (b) A minimum area of 20.0m2 of outdoor common Amenity Space shall be provided per Dwelling unit. (c) All Buildings and Structures are encouraged to have a rooftop Solar Energy Device. Please see Section 7.11.3 for specific use regulations for Solar Energy Devices. (d) All residential buildings shall meet the minimum requirements of the BC Building Code to meet Step Level 4 of the Energy Step Code, as well as Emissions Level 4 of the Zero Carbon Step Code. (e) Notwithstanding the requirements of Table 6.1 Parking & Loading Schedule, a minimum of one (1) parking space shall be provided per Dwelling unit. (f) Notwithstanding the requirements of Table 6.1 Parking & Loading Schedule, a minimum of 0.25 visitor parking spaces shall be allocated per Dwelling unit (i.e. minimum of four units for 1 parking space) and provided in a communal parking facility. (g) Optimize access & minimize auto-dominated space - shared driveways, etc. (h) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.9.3 Hillside (Hs) Sub-Area 15.9.3.1 Purpose To encourage compact development of Multi-Unit Housing and Townhousing formats on the steep sloped areas of the project site, with the intent to respect the natural landscape and existing topography through sustainable building considerations. Development must be designated as Medium Density Residential under the District's Official Community Plan. 15.9.3.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Multi-Unit Housing; (b) Duplex Housing; and Summerland Zoning Bylaw 2000-450 15-23 (c) Townhouse Housing 15.9.3.3 Accessory Uses The following Uses and no other Uses shall be the Accessory Uses in this zone subject to all applicable regulations of this Bylaw: (a) Secondary Suites, subject to Section 7.3; and (b) Home Occupation - Type 1, subject to Section 7.6 (c) Short Term Rental, subject to Section 7.2 17 15.9.3.4 Subdivision Regulations (a) Minimum Lot Area 800 m2 (b) Minimum Lot Width 25.0 m (c) Minimum Lot Depth 25.0m 15.9.3.5 Development Regulations (a) Maximum Lot Coverage 50% (b) Maximum Floor Area Ratio 1.2 (c) Maximum Gross Floor Area per unit type: Duplex: Townhousing: Multi-Unit: 175 m2 (1884 sq ft) 150 m2 (1614 sq ft) 125 m2 (1345 sq ft) 15.9.3.6 Siting Regulations (d) Principal Buildings and Structures: (i) Minimum Front Setback 1.5m (ii) Minimum Rear Setback 3.5m (iii) Minimum Side Setback (Interior) 1.5m (iv) Minimum Side Setback (Exterior) 3.0m (v) Maximum Height Up-slope properties: The lesser of 11m or 3 Storeys Summerland Zoning Bylaw 2000-450 15-24 (vi) Down-slope properties: Minimum horizontal distance between Buildings The lesser of 9.5m or 2 Storeys 3.0 m 15.9.3.7 Additional Siting Regulations (a) All principle Buildings and Structures should provide for maximum solar gain (e.g. be oriented to have the long sides and window orientation facing north-south. If orientation is not possible due to landscape or topographical constraints, efforts to orient the building to provide optimal solar gain for that area is instead required.) (b) No parking, loading or garbage collection facilities shall be permitted in any required yard abutting a public highway. (c) Parking facilities, which includes garages, and carports shall be located in the underground, or in enclosed surface parking facilities. No open-air surface parking lots are permitted. 15.9.3.8 Landscaping Regulations (a) Maximize retention of existing landscape and minimize the extents of physical construction and development. The natural landscape should be retained and serve to define landscape character within the overall site design (b) Landscaping for the purposes of post-construction restoration and enhancement shall adhere to the recommendations included in Eco-Village Concept Plan landscape guidelines. (c) Maximize permeability and onsite management of stormwater through a combination of retained or replanted native/climate zone-appropriate vegetation, building materials, and site appropriate green infrastructure (i.e. vegetated swales, vegetated stormwater features, permeable paving etc). (d) Maximize tree retention. A tree retention plan, completed by a professional arborist, is to be provided that outlines which trees are to be protected, maintenance and a proposed monitoring program to ensure protection of the retained tree canopy. (e) All landscape installations shall meet or exceed the current edition of the British Columbia Landscape Standard published by the British Columbia Society of Landscape Architects and the British Columbia Landscape and Nursery Association Summerland Zoning Bylaw 2000-450 15-25 15.10.3.9 Other Regulations (a) A maximum of two parking spaces per Dwelling unit, and all parking stalls must be enclosed within an attached garage. (b) All Buildings and Structures are encouraged to have a rooftop Solar Energy Device. Please see Section 7.11.3 for specific use regulations for Solar Energy Devices. (c) All residential buildings shall meet the minimum requirements of the BC Building Code to meet Step Level 4 of the Energy Step Code, as well as Step Level 4 of the Zero Carbon Standard (d) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.9.4 High Density (Hd) Sub-Area 15.9.4.1 Purpose Higher density development that accommodates Apartment housing with ground-floor commercial permitted as an accessory use to residential in a strata corporation format. With the intent to respect the natural landscape and topography through sustainable building considerations. Development must be designated as Medium Density Residential as per the Districts Official Community Plan. 15.9.4.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Apartment Housing 15.9.4.3 Accessory Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; and (b) Home Occupation - Type 1, subject to Section 7.6 (c) Child Care, Major Summerland Zoning Bylaw 2000-450 15-26 (d) Eating and Drinking Establishment (e) Health Services (f) Personal Services Establishment (g) Recreation Service, Indoor 18 15.9.4.4 Subdivision Regulations (a) Minimum Lot Area 1,400m2 (b) Minimum Lot Width 30.0m (c) Minimum Lot Depth 30.0m 15.9.4.5 Development Regulations (a) Maximum Lot Coverage 60% (b) Maximum Floor Area Ratio 2.5 15.9.4.6 Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 4.0m (iii) Minimum Side Setback 4.0m (iv) Minimum setbacks for Buildings/Structures 6.0m (v) Maximum Height The lesser of 15.0m or 4 Storeys (vi) Maximum Building Depth 25.0m (vii) Maximum Building Length 50.0m (viii) Maximum Building Footprint 1,350 sq m (ix) Notwithstanding Section 14.5.6(a)(vi), any proposed enclosed surface parking level shall not be classified as a Storey or be counted toward the maximum Height. (b) Accessory Buildings and Structures: (i) Minimum Front Setback 6.0m Summerland Zoning Bylaw 2000-450 15-27 (ii) Minimum Rear Setback 4.0m (iii) Minimum Side Setback 4.0m (vi) Maximum Height The lesser of 7.5 m or 2 Storeys (v) Notwithstanding Section 14.5.6(b)(vi), any proposed enclosed surface parking level shall not be classified as a Storey or be counted toward the maximum Height. 15.9.4.7 Additional Siting Regulations (a) All principle Buildings and Structures should provide for maximum solar gain (e.g. be oriented to have the long sides and window orientation facing north-south. If orientation is not possible due to landscape or topographical constraints, efforts to orient the building to provide optimal solar gain for that area is instead required (b) No parking, loading or garbage collection facilities shall be permitted in any required yard abutting a public highway. (c) Parking facilities, which includes garages, and carports shall be located in the underground, or in enclosed surface parking facilities. No open-air surface parking lots are permitted. (d) Maximum building depth does not include the courtyard building form. 15.9.4.8 Landscaping Regulations (a) Maximize retention of existing landscape and minimize the extents of physical construction and development. The natural landscape should be retained and serve to define landscape character within the overall site design (b) Landscaping for the purposes of post-construction restoration and enhancement shall adhere to the recommendations included in Eco-Village Concept Plan landscape guidelines. (c) Maximize permeability and onsite management of stormwater through a combination of retained or replanted native/climate zone-appropriate vegetation, building materials, and site appropriate green infrastructure (i.e. vegetated swales, vegetated stormwater features, permeable paving etc). (d) Maximize tree retention. A tree retention plan, completed by a professional arborist, is to be provided that outlines which trees are to be protected, maintenance and a proposed monitoring program to ensure protection of the retained tree canopy. Summerland Zoning Bylaw 2000-450 15-28 (e) All landscape installations shall meet or exceed the current edition of the British Columbia Landscape Standard published by the British Columbia Society of Landscape Architects and the British Columbia Landscape and Nursery Association 15.10.4.9 Other Regulations (a) All residential buildings shall be certified under one of the LEED green building rating systems, or through a green building rating system requiring review by independent, impartial, third party certifying bodies. (b) All Buildings and Structures are required to have rooftop Solar Energy Devices installed that cover 60% of all solar-exposed roof Structures. Please see Section 7.11.3 for specific use regulations for Solar Energy Devices. (c) All residential buildings shall meet the minimum requirements of the BC Building Code to meet Step Level 4 of the Energy Step Code, as well as Step Level 4 of the Zero Carbon Standard (d) A minimum area of 5.0m2 of indoor common amenity space shall be provided per dwelling unit. (e) A minimum area of 10.0 m2 of outdoor common amenity space shall be provided per dwelling unit. (f) No more than 48 Dwelling units may be located in an Apartment Building (g) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. 15.9.5 Mixed Density (Md) Sub-Area 15.9.5.1 Purpose To accommodate Apartment and Townhousing uses south of the solar site, in a strata corporation format, with the intent to provide a mix of density options for the area that respects the natural landscape and topography through sustainable building considerations. Development areas must be designated as Medium Density Residential under the District's Official Community Plan. 15.9.5.2 Principal Uses The following Uses and no other Uses shall be the Principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Apartment Housing; and Summerland Zoning Bylaw 2000-450 15-29 (b) Townhouse Housing 15.9.5.3 Accessory Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Accessory Buildings and Structures; and (b) Home Occupation - Type 1, subject to Section 7.6 (c) Short Term Rental, subject to Section 7.2 19 15.9.5.4 Subdivision Regulations (Strata Development Site) (a) Minimum Lot Area 2.0 Ha (b) Minimum Lot Width 30.0m (c) Minimum Lot Depth 60.0m 15.9.5.5 Development Regulations (a) Maximum Lot Coverage 60% (b) Maximum Floor Area Ratio 2.5 15.9.5.6 Siting Regulations (Strata Development Site) (a) Principal Buildings and Structures: (i) Minimum Front Setback 6.0m (ii) Minimum Rear Setback 7.5m (iv) Minimum Side Setback 4.0m (v) Minimum Setback between Buildings/structures 6.0m (vi) Maximum Height- Apartment Housing The lesser of 15.0m or 4 Storeys (vii) Maximum Building Depth- Apartment 25.0m (viii) Maximum Building Length- Apartment 50.0m (ix) Maximum Building Footprint- Apartment 1,350 sq m Summerland Zoning Bylaw 2000-450 15-30 (x) Maximum Height- Townhouse Housing The lesser of 10.5m or 3 Storeys (xi) Notwithstanding Section 15.9.5.6(a)(vi), any proposed enclosed surface parking level shall not be classified as a Storey or be counted toward the maximum Height. (b) Accessory Buildings and Structures: (i) Minimum Front Setback 4.0m (ii) Minimum Rear Setback 3.0m (v) Minimum Setback between Buildings/Structures 3.0m (vi) Maximum Height The lesser of 7.5m or 2 Storeys (vii) Notwithstanding Section 15.9.5.6(b)(vi), any proposed enclosed surface parking level shall not be classified as a Storey or be counted toward the maximum Height. 15.10.5.7 Additional Siting Regulations (a) All principle Buildings and Structures should provide for maximum solar gain (e.g. be oriented to have the long sides and window orientation facing north-south. If orientation is not possible due to landscape or topographical constraints, efforts to orient the building to provide optimal solar gain for that area is instead required (b) No parking, loading or garbage collection facilities shall be permitted in any required yard abutting a public highway. (c) Parking facilities, which includes garages, and carports shall be located in the underground, or in enclosed surface parking facilities. No open-air surface parking lots are permitted. 15.9.5.8 Landscaping Regulations (a) Maximize retention of existing landscape and minimize the extents of physical construction and development. The natural landscape should be retained and serve to define landscape character within the overall site design (b) Landscaping for the purposes of post-construction restoration and enhancement shall adhere to the recommendations included in Eco-Village Concept Plan landscape guidelines. Summerland Zoning Bylaw 2000-450 15-31 (c) Maximize permeability and onsite management of stormwater through a combination of retained or replanted native/climate zone-appropriate vegetation, building materials, and site appropriate green infrastructure (i.e. vegetated swales, vegetated stormwater features, permeable paving etc). (d) Maximize tree retention. A tree retention plan, completed by a professional arborist, is to be provided that outlines which trees are to be protected, maintenance and a proposed monitoring program to ensure protection of the retained tree canopy. (e) All landscape installations shall meet or exceed the current edition of the British Columbia Landscape Standard published by the British Columbia Society of Landscape Architects and the British Columbia Landscape and Nursery Association 15.10.5 Other Regulations (a) No parking, loading or garbage collection facilities shall be permitted in any required yard abutting a public highway. (b) All Apartment buildings shall be certified under one of the LEED green building rating systems, or through a green building rating system requiring review by independent, impartial, third party certifying bodies. (c) All Townhouse buildings shall meet the minimum requirements of the BC Building Code to meet Step Level 4 of the Energy Step Code, as well as Step Level 4 of the Zero Carbon Standard. (d) All Buildings and Structures are required to have rooftop Solar Energy Devices installed that cover 60% of all solar-exposed roof Structures. Please see Section 7.11.3 for specific use regulations for Solar Energy Devices. (e) A minimum area of 5.0m2 of indoor common amenity space shall be provided per dwelling unit. (f) A minimum area of 10.0 m2 of outdoor common amenity space shall be provided per dwelling unit. (g) No more than 48 Dwelling units may be located in an Apartment Building (h) Parking facilities, which includes garages, and carports shall be located in the underground, enclosed surface parking facilities, or recessed from the side of the dwelling unit. No open-air surface parking lots are permitted. (i) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations. Summerland Zoning Bylaw 2000-450 15-32 COMPREHENSIVE DEVELOPMENT- 9 ZONE MAP Summerland Zoning Bylaw 2000-450 15-33 COMPREHENSIVE DEVELOPMENT ZONE 10325 15.10 CD10-Comprehensive Development Zone CD10 15.10.1 Purpose To provide a zone to accommodate the development in the outdoor recreational uses in Open Lands, including that of a disc golf course. 15.10.2 Principal Uses The following Uses and no other Uses shall be principal Uses in this zone subject to all applicable regulations of this Bylaw: (a) Recreational Services, Outdoor; (b) Recreation, Openland; 15.10.3 Accessory Uses The following Uses and no other Uses shall be the secondary Uses in this zone subject to all applicable regulations of this Bylaw: (a) Agricultural, General, limited to grazing; (b) Forestry (c) Accessory Buildings or Structures 15.10.4 Subdivision Regulations (a) Minimum Lot Area 20.0 ha 15.10.5 Development Regulations (a) Maximum Lot Coverage 10% 325 Amendment Bylaw No. 2025-010 (July 29, 2025) Summerland Zoning Bylaw 2000-450 15-34 15.10.6 Siting Regulations - Principal & Accessory Uses (a) Minimum Front Setback 10.0m (b) Minimum Rear Setback 7.0m (c) Minimum Side Setback (Interior) 7.0m (d) Minimum Side Setback (Exterior) 7.0m (e) Maximum Height 12.0m 15.10.7 Other Regulations (a) Accessory Buildings or Structures will be limited to a maximum of 100m² or 25% of the allowable Lot Coverage, whichever is greater. (b) The number of disc golf holes will be provided at a maximum of 36 holes. (c) Notwithstanding Section 6: Parking & Loading Regulations, Parking for the Recreation Service, Outdoor shall be provided at a minimum of 36 parking spaces, which includes 6 overflow parking stalls. (d) Improved on-site parking areas for Recreation Service, Outdoor uses shall be located only in those areas identified as per the Schedule B map for the CD-10 Zone. (e) Appropriate signage shall be provided at for all Recreation Service, Outdoor uses of the hazards and risks to the public of those uses. All signage shall be in conformance with the District of Summerland Signage Bylaw. (f) In addition to the regulations listed above, other regulations may apply. These include Section 4: General Regulations, Section 5: Landscaping and Screening Regulations, Section 6: Parking and Loading Regulations, and Section 7: Specific Use Regulations Summerland Zoning Bylaw 2000-450 15-35 Summerland Zoning Bylaw 2000-450 20-36 20 SUMMARY OF ZONING BYLAW AMENDMENTS BYLAW NO. DESCRIPTION DATE ADOPTED 2000-459 Text Amendment to create an animal shelter, minor use and allow the use in the CB1 and CB2 zones (Section 2.0 Definitions; Sections 8.1; 8.2; 11.5; 11.6 and 12.2 Nov 14, 2011 2000-462 Zoning amendment - 5806 Lewes Avenue June 25, 2012 2000-464 Text Amendment to increase the permitted height of residential accessory buildings in the agricultural zones (Sections 8.1.5 and 8.2.5 Ag Zones) Dec 12, 2011 2000-465 Text Amendment to remove the requirement for an agricultural buffer where properties do not abut ALR lands (Section 5.0 Landscaping Regulations) Dec 12, 2011 2012-001 Text Amendment to remove a principal use - Subsection 11.1.2 CN - Neighbourhood Commercial Zone Jan 23, 2012 2012-010 Text Amendment to CD7 Zone May 14, 2012 2012-017 Housekeeping Text Amendments July 23, 2012 2012-018 Zoning Amendment (map) - 16207 Hwy 97 and 15600 Hwy 97 July 23, 2012 2012-021 Zoning Amendment - 8218 Pollock April 8, 2013 2012-022 Zoning Amendment and OCP - mapping - 14806 Biagioni Nov 26, 2012 2012-025 Zoning Amendment (text) housekeeping - Ag setbacks Nov 26, 2012 2012-027 Zoning Amendment (text) - site specific 18217 and 18219 Bentley Road Jan 14, 2013 2012-028 Zoning Amendment - Residential Accessory Buildings Jan 14, 2013 2013-003 Zoning Amendment - Bentley Road Industrial Area Mar 11, 2013 2013-008 Zoning Amendment - Prohibit Abattoirs in the Industrial Zones Apr 29, 2013 2013-012 Zoning Amendment & Map - 10918 Rennie St (M1-A Zone) Aug 26, 2013 2013-015 Zoning Amendment - Add the CB1-Central Business Zone June 24, 2013 2013-025 Zoning Amendment - 9348 Alder Street Dec 9, 2013 2014-006 Zoning Amendment - to add RPN Zone and amend Table 6.1 - Parking & Loading (Housing) and; Zoning Classification for 8709 Jubilee Road from I- Institutional Zone to RPN-Residential Pocket Neighbourhood Zone June 23, 2014 2014-007 Zoning Amendment - Bentley Rd June 23, 2014 2014-010 Site Specific Zoning Amendment - 11208 Sanborn July 28, 2014 2014-015 Rezone - 6003 Dale Avenue Sept 8, 2014 2014-017 Zoning - Definition Amendment - Front Property Line Aug 25, 2014 2014-018 Zoning Amendment - 12262 Saunders Cres Sept 8, 2014 Summerland Zoning Bylaw 2000-450 20-37 2014-029 Zoning Amendment to create a new Temporary Use Permit Area for (8911 and 9310 Jubilee Road) Nov 10, 2014 2014-033 Zoning Amendment - 10120 Rand Street Jan 26, 2015 2015-003 Zoning Amendment - 5815 Hwy 97 May 25, 2015 2015-008 Zoning Amendment - 2705 Johnson Street May 11, 2015 2015-009 Zoning Amendment - Minor Text Amendments May 11, 2015 2015-010 Zoning Amendment - 4816 Nixon Rd May 11, 2015 2015-026 Zoning Amendment - 35888 Garnet Valley Road Oct 13, 2015 2015-024 Text Amendment - Breweries, Distilleries and Meaderies in the A1 and A2 Zones Nov 9, 2015 2015-027 Text Amendment - Cluster Development on Two Properties in the CR1-Country Residential Zone (Hunter's Hill) Nov 23, 2015 2015-030 Zoning Amendment - 5818 Nixon Road (from RSD2 to RSD1) Nov 23, 2015 2015-031 Text Amendment - Creates a new Temporary Use Permit Area (13415 Lakeshore Drive) Nov 9, 2015 2016-005 Text Amendment - Increase maximum gross floor area of a Carriage House for lots over 1,000m² April 11, 2016 2016-007 Zoning Amendment - Schedule B - 1109 Stonor Street April 11, 2016 2016-018 Text Amendment - Delete Section 10.6.5(c) and renumber the sections accordingly May 24, 2016 2016-020 Zoning Amendment - Schedule B - Parks in Lower Town July 12, 2016 2016-022 Zoning Amendment - Schedule B - 2311 Thornber Street July 12, 2016 2016-027 Zoning Amendment - Schedule B - Parks in Lower Town 2 August 22, 2016 2016-031 Zoning Amendment - Schedule A - Child Care Centre, Minor Sept 12, 2016 2016-032 Zoning Amendment - Schedule B - 12223 Saunders Crescent Sept 12, 2016 2016-034 Zoning Amendment - Schedule B - 9600 Victoria Road Sept 12, 2016 2016-028 Zoning Amendment - Addition of Water Zones Oct 24, 2016 2016-041 Zoning Amendment - Schedule B - Conkle Mountain Park Nov 28, 2016 2016-045 Zoning Amendment - Schedule B - 11714 Quinpool Road Dec 12, 2016 2017-003 Zoning Amendment - Schedule B - 2810 Landry Crescent March 13, 2017 2017-005 Zoning Amendment - Schedule B - 14600 Cartwright Ave June 12, 2017 2017-017 Zoning Amendment - Schedule B - 11907 Quinpool Rd June 26, 2017 2017-020 Zoning Amendment - Schedule B - 5010 Croil Ave July 24, 2017 2017-021 Zoning Amendment - Schedule A - Text Amendment (Dormitory) Aug 28, 2017 2017-028 Zoning Amendment - Schedule A - Text Amendment (Building Envelope) Oct 10, 2017 2017-031 Zoning Amendment - Schedule B - 10701 & 10705 Elliott St Nov 14, 2017 2017-032 Zoning Amendment - Schedule A - Text Amendment (Secondary Suites and Carriage Houses) Nov 27, 2017 2017-034 Zoning Amendment - Schedule B - 13610-13620 Kelly Ave and addition of CD9 Zone Nov 27, 2017 2017-035 Zoning Amendment- Schedule B- 905Wharf Street January 8, 2018 Summerland Zoning Bylaw 2000-450 20-38 2017-036 Zoning Amendment - Schedule B - 523 Stonor Street January 22, 2018 2018-002 Zoning Amendment - Schedule B - 5418 Nixon Road April 9, 2018 2018-003 Zoning Amendment - Schedule B - 9918 Quinpool Road April 9, 2018 2018-005 Zoning Amendment - Schedule B - 20401 Highway 40 April 9, 2018 2018-010 Zoning Amendment - Schedule B - 12914 Prairie Valley Road May 14, 2018 2018-012 Zoning Amendment - Schedule B - 8320 Prairie Valley Road May 28, 2018 2018-016 Zoning Amendment - Schedule B - 8707 Tomlin Street June 11, 2018 2018-022 Zoning Amendment - Schedule A - 9304 Jubilee Road East October 9, 2018 2018-023 Zoning Amendment - Schedule A - 15823 Logie Road October 9, 2018 2018-024 Zoning Amendment - Schedule A - 13220 Victoria Road N) October 18, 2018 2018-025 Zoning Amendment - Schedule A & Schedule B - 12817 & 12801 Kelly Avenue September 27, 2018 2018-026 Zoning Amendment - Schedule A - Retail Sales of Recreational Cannabis October 9, 2018 2018-027 Zoning Amendment - Schedule A - Cannabis Production October 9, 2018 2018-033 Zoning Amendment - Schedule A - Solar Energy Devices December 10, 2018 2019-001 Zoning Amendment - Schedule A - Accessory Structures, Setbacks and Yards February 11, 2019 2019-002 Zoning Amendment - Schedule A - Carriage House Amendments Feb 11, 2019 2019-008 Zoning Amendment - Schedule A - 14812 & 14820 Victoria Road N Site Specific March 11, 2019 2019-009 Zoning Amendment - Schedule A - Setbacks for Strata Subdivisions March 11, 2019 2019-016 Zoning Amendment - Schedule B - 11722 Prairie Valley Road April 8, 2019 2019-015 Zoning Amendment - Schedule B - 8323 Purves Road April 23, 2019 2019-014 Zoning Amendment - Schedule A & B - 919 Wharf Street April 23, 2019 2019-021 Zoning Amendment - Schedule A & B - MX1 and 13415 Lakeshore Drive June 10, 2019 2019-027 Zoning Amendment - Schedule A - CB1 Dwelling Units October 15, 2019 2019-003 Zoning Amendment - Schedule A - Height and Grade Text Amendment October 20, 2019 2019-010 Zoning Amendment - Schedule A - Cannabis Production December 9, 2019 2019-026 Zoning Amendment - Schedule B - 5010 Croil Ave - RSD2 - RSD1 September 27, 2021 Summerland Zoning Bylaw 2000-450 20-39 2019-031 Zoning Amendment - Schedule A - Height and Grade Text Amendment October 28, 2019 2019-034 Zoning Amendment - Schedule A - Text Amendment - Section 12.5.2 - Cannabis Production in M1-A December 9, 2019 2019-042 Zoning Amendment - Schedule B - 13607 Rumball Avenue - from RSD1 to RSD1(i) June 13, 2022 2019-043 Zoning Amendment - Schedule B - RSD3 - PR1 2019-045 Zoning Amendment - Schedule A - Text Amendment - Farm Worker Accommodation Site-Specific - 26405 Garnet Valley Road February 10, 2020 2020-007 Zoning Amendment - Schedule A - Text Amendment - 11507 Blair Street February 10, 2020 2020-009 Zoning Amendment - Schedule A - Text Amendment - Two Single Detached Dwellings November 11, 2019 2020-014 Zoning Amendment - Schedule B - RSD3 to RSD2 December 14, 2020 2020-020 Zoning Amendment - Schedule B - 2107 Tait Street - Highway Commercial to Residential High Density September 27, 2021 2020-022 Zoning Amendment - Schedule A - 16618 Logie Road - Site Specific November 9, 2020 2020-023 Zoning Amendment - Schedule B - 1505 Britton Road - RSD3- RSD2 December 14, 2020 2020-025 Zoning Amendment - Administrative and Land Use Amendments December 14, 2020 2020-028 Zoning Amendment - Schedule A - Text Amendment - Section 8.1 A1 - & Section 8.2 A2 - Add Fruit Stand as Accessory Use January 25, 2020 2020-029 Zoning Amendment - Schedule A - 19223 Lakeshore Drive North - Add Section 10.8.8(b) January 11, 2021 2021-006 Zoning Amendment - Schedule B - 8709 Jubilee Road East - RPN to RHD April 12, 2021 2021-009 Zoning Amendment - Schedule A - Text Amendment - 8108 Purves Road October 12, 2021 2021-010 Zoning Amendment - Schedule B - 1514 Wharf Street - RSD3 to RSD1 May 25, 2021 2021-010 Zoning Amendment - Schedule B - 1704 Wharf Street - RSD3 to RSD1 May 25, 2021 2021-016 Zoning Amendment - Schedule B - 13316 Prairie Valley Road - A1 to RSD1(i) November 28, 2022 2021-019 Zoning Amendment - Schedule B - 7418 Kirk Avenue - RSD3 to RSD1 June 4, 2021 2021-020 Zoning Amendment - Schedule A - Add Section 7.16 Agri- Tourism Accommodation July 19, 2021 Summerland Zoning Bylaw 2000-450 20-40 2021-022 Zoning Amendment - Schedule A - Text Amendment - 11510 Blair Street January 24, 2022 2021-031 Zoning Amendment - - Schedule B - 10518 Jubilee Road West - RDS1 - RMD October 12, 2021 2021-033 Zoning Amendment - Schedule B - Portion of OK Lake - WZ3 - WZ2 December 13, 2021 2021-044 Zoning Amendment - Schedule B - 10907 Prairie Valley Road - RDS1 - RDH December 13, 2021 2021-048 Zoning Amendment - Schedule A - Text Amendment - Short Term Rentals February 28, 2022 2022-006 Zoning Amendment - Schedule A - Text Amendment - 19265 & 19267 Lakeshore Drive N February 14, 2022 2022-009 Zoning Amendment - Schedule A - Text Amendment - 2022 Administrative Update April 25, 2022 2022-013 Zoning Amendment - Schedule A - Text Amendment - 15835 Logie Road & 15836 Industrial Avenue May 24, 2022 2022-017 Zoning Amendment - Schedule A - Text Amendment - 9606 and 9806 Victoria Road South June 13, 2022 2022-023 Zoning Amendment - Schedule A - Text Amendment - Housing on Ag Lands August 22, 2022 2022-024 Zoning Amendment - Schedule A - Text Amendment - Water Use Regulations) July 25, 2022 2022-025 Zoning Amendment - Schedule B - 1506 Laidlaw Street - RSD2 to RSD1 September 26, 2022 2022-028 Zoning Amendment - Schedule A - Text Amendment - 13609 Dickson Avenue September 26, 2022 2022-034 Zoning Amendment - Schedule A &B - Text & Map Amendment - 11612 Victoria Road S November 14, 2022 2023-003 Zoning Amendment - Schedule B - 12010 Lakeshore Drive S - RDS1 to RDS1(i) February 13, 2023 2023-007 Zoning Amendment - Schedule A & B - Text & Map Amendment - 17618 Bentley Road - A1 to M1 April 24, 2023 2023-008 Zoning Amendment - Schedule A & B - Text & Map Amendment - 17814 Bentley Road - A1 to M1 April 24, 2023 2023-009 Zoning Amendment - Schedule A & B - 12210 Lakeshore Drive - RSD1 to RDH April 3, 2023 2023-015 Zoning Amendment - Schedule A &B - 8307 Jones Flat Road - CR1 to M1 July 18, 2023 2023-018 Zoning Amendment - Schedule B - 1719 Britton Road - RSD3 to RSD1 August 29, 2023 2023-023 Zoning Amendment - Schedule B - 1719 Britton Road - RSD1 to RSD1(i) November 28, 2023 Summerland Zoning Bylaw 2000-450 20-41 2024-009 Zoning Amendment - Schedule A &B - 10919 Ward Street - Residential Medium Lot to Residential Duplex Housing, site specific provisions April 9. 2024 2024-013 Zoning Amendment - Schedule B - 14003 & 14009 King Avenue - Institutional (I) to Residential Single Detached Intensive Zone (RSD1(i)) April 9, 2024 2024-011 Zoning Amendment - Schedule A & B - Bill 44, Bill 35, and Section 6.0 - Parking and Loading June 11, 2024 2023-005 Zoning Amendment - Schedule A & B - 9514 & 9518 Julia Street, 14406 & 14408 Rosedale Ave) - Institutional (1) to High Density Residential (RHD) and Residential Medium Lot to Tourist Commercial (CT1); and site-specific provisions July 2, 2024 2024-026 Zoning Amendment - Schedule A & B - 13501 Denike Street - Institutional (I) to Comprehensive Development Zone 9 (CD9), Parkland (P) and Residential Sub-Urban (RU3) to Parkland (P); and added CD9 zone August 13. 2024 2024-030 Zoning Amendment - Schedule A & B - 9576 Cedar Avenue - Heavy Industrial (M2) to Heavy Industrial (M2)- Site Specific; and site-specific subdivision provisions September 24, 2024 2024-017 Zoning Amendment - Schedule A & B - 12914 & 13316 Prairie Valley Road - Country Residential (CR1) to Residential Medium Density (RMD) and Residential Urban Zone to Residential Medium Density with Site Specific provisions December 17, 2024 2025-008 Zoning Amendment - Schedule A & B - 18420 Garnet Valley Road - Agricultural Large Acreage (A2) to Agricultural Large Acreage Site Specific (A2 Site Specific) and Site Specific Agri Tourism Accommodation provisions March 4, 2025 2025-006 Zoning Amendment - Schedule B - 15600 Highway 97 - Highway Commercial (CH) to Neighbourhood Commercial (CN March 25, 2025 2025-010 Zoning Amendment - Schedule A & B - 17400 Highway 97 - Forest Grazing to Comprehensive Development Zone 10 (CD10) June 17, 2025 2025-004 Zoning Amendment - Schedule B - 15815 Highway 97 - Agricultural Small Acreage to Agri-Industrial Zone July 29, 2025 2026-003 Zoning Amendment - Schedule A & Schedule B - 17013 Sanborn Street - Country Residential to Residential Medium Density and Preservation and Protection and Site Specific provisions March 3, 2026 2026-005 Zoning Amendment - Schedule B - 9600 Brown Street - Institutional to Mixed Use March 3, 2026 2026-007 Zoning Amendment - Schedule A - 9306 Prairie Valley Road - Site Specific provisions March 3, 2026 Summerland Zoning Bylaw 2000-450 20-42