Zoning Bylaw No. 630, 2020

Tahsis, British Columbia

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VILLAGE OF TAHSIS ZONING BYLAW No. 630, 2020 A BYLAW TO DIVIDE THE VILLAGE OF TAHSIS INTO ZONES, TO REGULATE THE USE OF LAND, BUILDINGS AND STRUCTURES, INCLUDING THE SURFACE OF WATER, AND TO REGULATE THE LOCATION, SIZE AND SHAPE OF BUILDINGS AND STRUCTURES ERECTED THEREON PURSUANT TO THE LOCAL GOVERNMENT ACT WHEREAS Section 479 of the Local Government Act provides that a local government may, by bylaw, divide the whole or part of the municipality into zones and define each zone to regulate within the zones, the use of land, buildings and structures, the density of the use of land, buildings and structures, and the area, shape and dimensions of all parcels of land that may be created by subdivision; AND WHEREAS the Council of the Village of Tahsis deems it necessary and expedient to reconsider the zoning regulations in the Village of Tahsis; NOW THEREFORE the Council of the Village of Tahsis, in open meeting assembled, enacts as follows: TABLE OF CONTENTS Part One: Application and Administration 1. 1 Title 1. 2 ^^cation __________ ______________^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^__^^^4 1. 3 Administration 4 1.4 Prohibition 4 1.5 Non-Conforming Use.................................................. 4 1.6ConflictingUseofSiting................................................................. ... .. 5 1.7Violation , , 5 1.8 Penalty............................................. 5 1.9 Severability................................................................... 5 Part Two: Interpretation 2. 1 Definitions 6 Part Three: General Regulations 3. 1 Uses Permitted in All Zones 13 3. 2 Occupations Permitted in All Zones............................... . 13 3. 3 Urban Agricultural Use^^^.,., ., """"",, ",,, ", 15 3. 4 Height of Buildings and Structures, ^,, ^ ,, ",,,, " 16 3.5 Siting of Principal and Accessory Buildings .......... """""""".........""............................. 17 3. 6 Siting Exceptions................................................. 17 3.7 Siting of Buildings Adjacent to Watercourses ................................................................ IS 3. 8 Fences and Retaining Walls ........... "..""""""""""""""".."""........ ""......... """.""........ 18 3. 9 Visibility at Intersections..................... .... """"". " 18 3. 10 Temporary Buildings....................................... 19 3. 11 Temporary Occupancy of Recreational Vehicles........................... """"".................... 20 3. 12 Storage.................................... 21 3. 13 Off-Street Parking................................................. ..., ",,",""," 21 3. 14 Lot Sizes 25 Part Four: Establishment of Zones and Schedules 4. 1 Zone Classification 26 4. 2 Extent of Zone 26 4. 3 Road Allowance/Creek Boundary.......................................................................... 26 4.4 Determination of Boundaries 26 Part Five: Zones 5. 1 Regulations for Each Zone ....................................................... 27 5.2 Residential Zone One 27 5. 3 Residential Zone Two 28 5.4 Residential Multiple Zone One ........................................................................................ 29 5. 5 Residential Multiple Zone Two ........................ """."""""".""""..""..""""""".............. 31 5.6 Rural Zone One 33 5.7 Commercial Zone One 34 5. 8 Commercial Zone Two 35 5. 9 Industrial Zone One 36 5. 10 Industrial Zone Two 37 5. 11 Public Assembly - Institutional Zone One............................................................. 38 5. 12 Tourist-Campground Zone One........................................................................ """""..39 Part Six: Repeal 6. 1 Bylaw Repeal PART ONE: APPLICATION AND ADMINISTRATION 1. 1 Title 1) This bylaw may be cited for all purposes as "Village ofTahsis Zoning Bylaw No. 630, 2020" 1.2 Application 1) The regulations of this bylaw apply to the whole of the area within the boundaries of the Village of Tahsis. 1.3 Administration 1) The building official and such other persons as may be appointed by the Council for that purpose are authorized to administer this Bylaw. 2) Persons appointed under sub-section (1) may enter any building or premises at all reasonable times, in accordance with Section 16 of the Community Charter, to inspect and determine whether the regulations under this Bylaw are being complied with. 1.4 Prohibition 1) No person shall use, occupy, or subdivide, or shall permit any person to use, occupy or subdivide any land, building or other structure contrary to the regulations in this Bylaw. 2) Any use of land, or of a building or structure, that is not expressly permitted in this Bylaw is prohibited. 1.5 Non-Conforming Use 1) Lawful non-conforming uses of land and buildings are governed by Division 14 of Part 14 of the Local Government Act. 1.6 Conflicting Use or Siting 1) No land may be subdivided, no building, structure, land or water surface may be used, and no building or structure may be sited in a manner which renders any existing use, building or structure on the same parcel non-conforming with respect the provisions of this Bylaw. 1.7 Violation 1) A person who causes, suffers, or permits any building or structure to be constructed, reconstructed, altered, moved, extended or used, or land to be occupied or used, in contravention of this Bylaw, or who otherwise contravenes or fails to comply with this Bylaw, commits an offence. 1.8 Penalty 1) A person who violates the provisions of this Bylaw is liable on summary conviction to a penalty not exceeding: a) A fine of fifty thousand ($50000. 00) dollars; b) imprisonment for not more than six (6) months. 2) Each day during which a violation of this Bylaw continues constitutes a new and separate offence. 3) This Bylaw may be enforced by Municipal Ticket Information issued under the Village of Tahsis Ticketing for Bylaw Offences Bylaw No. 601, 2018. 1.9 Severability 1) If any provision of this Bylaw is found invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw. PART TWO: INTERPRETATION 2. 1 Definitions 1) The definitions provided in this Bylaw supersede any interpretation or definition of the same word in a provincial statute that would otherwise apply to this Bylaw. The definitions provided shall also supersede the normal or common meaning of the same word. 2) The following definitions apply to this Bylaw: Term Accessory Building or Accessory Use Agricultural Use Apartment Bed and Breakfast Accommodation Boarding Use Building Definition means a building or use which is ancillary to that of a principal building or use on the same lot. means providing for the growing, rearing, producing, harvesting and sale of agricultural products; includes the storage and sale on an individual farm of the products harvested, reared or produced on that farm; and, the storage of farm implements and supplies; and, repairs to farm machinery and implements used on that farm; and specifically excludes all manufacturing, processing, storage and repairs not specifically included in this definition, and livestock and poultry processing, piggery use, and feedlots. means any building divided into not less than three (3) dwelling units, each of which is occupied or intended to be occupied as a permanent home or residence, distinct from a hotel, motel, or similar transient accommodation. Excludes townhouses. means the use of not more than four (4) bedrooms within a dwelling to provide temporary accommodation to the travelling public which includes food service and the operator as a permanent resident of the dwelling. means a structure where the building or buildings on a lot contain one or more sleeping units contained within a dwelling unit and which are used by persons other than members of the family sharing the dwelling unit. means a structure that is designated, erected or intended for the support, enclosure or protection of persons or property and includes any part of a building as the context requires. Term Building Official Church Community Care Facility Council Duplex Dwelling Dwelling Unit Gasoline Service Station Gross Floor Area Height of Buildings Hen Highway Definition means the person employed or contracted to administer the Village of Ta/is/s Building Bylaw No. 525, 2006, as amended or replaced from time to time. means a building, not ordinarily used for residential purposes, wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship. means a facility licensed pursuant to the Community Care and Assisted Living Act. means the council of the Village of Tahsis. means any dwelling divided into two (2) units each of which is occupied or intended to be occupied as a permanent home or residence, distinct from a hotel, motel or similar transient accommodation. means any building or portion thereof that is designated or used for residential purposes. means accommodation for residential occupancy with sleeping and sanitary facilities, and not more than one set of cooking facilities. Excludes recreational vehicles. means premises used primarily for the retail sale of gasoline, lubricating oil, motor vehicle accessories and convenience items and the servicing of motor vehicles but does not include body works and painting. means the total area of all floors measured to the extreme outer limits of the building. means the vertical distance of the mean grade level to the highest point of roof surface on a flat rock, to the deck line of a mansard roof, and to the means level between eaves and the ridge of a gable, hip, gambrel or other sloping roof and in the case of a structure without a roof to the highest point of the structure. means a domesticated female chicken that is at least four (4) months old. means a street, road, land, bridge, viaduct or any other way open to the use of the public, and does not include a private right-of-way on private property. Term Hive Home-Based Business Honey Bee Institutional Use Junkyard Lane Light Industrial Use Definition means a manufactured receptacle or container prepared for the use of honey bees that includes movable frames, combs and substances deposited into the hives by honey bees. means an occupation, profession, service or other business which is clearly accessory and incidental to the use of a dwelling unit for residential purposes, or to the residential use of a lot occupied by a dwelling, and which conforms to the regulations under Section 3. 2(1) of this Bylaw. Activities that qualify as a home-based business include but are not limited to the following: a) retail establishments, b) service establishments, c) small engine repair, d) assembly, processing, and repair of finished products, e) artist's studio and gallery, f) bakery, g) hair salon, barbershop, or other personal services, h) bed and breakfast accommodation and short-term rental accommodation, and i) produce stands for urban agricultural use. But exclude professional occupations. means a subset of bees in the genus Apis, primarily distinguished by the production and storage of honey and the construction of perennial, colonial nests out of wax. means the use of land, buildings or other structures provided by a governmentor agency of government to address social, education, health, cultural and recreational needs, and may include: museum, public library, parks, fire or police station, public works, hospital or medical center, school, recreation center, and municipal office. means the use of any land, building or structure for a salvaging operation, including but not limited to the storage and/or sale of waste wood products, paper, scrap metal, and any discarded materials and the collection, dismantlement, storage and salvage of any vehicle or boat, subject to the provisions in Section 3. 11(1) of this Bylaw. means a public thoroughfare not exceeding ten (10) metres in width, which provides a secondary means of access to a site. means a use providing for the processing, fabricating, assembling, storing, transporting, distributing, wholesaling, testing, servicing, or repairing of goods, materials or things, but shall not include those uses similar to or including wood processing and log storage, except as permitted under Section 5.8 of this Bylaw, auto-wrecking, refuse disposal grounds, gravel extraction, manufacturing of concrete products, fish or shellfish processing, or bulk fuel depots. Term Livestock Loading Space Lot Lot Area Lot Coverage Lot Line Lot Line, Front Lot Line, Rear Lot Line, Side Mean Grade Level Mobile Home Motel Definition means chickens, horses, turkeys, cattle, hogs, rabbits, sheep and goats raised for agricultural purposes, such as food production. means an area used to provide free access for vehicles to a loading door, platform or bay. means an area of land designated as a separate and distinct parcel on a legally recorded subdivision plan, including a bare land strata plan, filed in the Office of the Land Title and Survey Authority of British Columbia. means the area of the land within the boundaries of a lot but excludes the area of the panhandle in the case of a panhandle lot. means the total horizontal area within the outermost walls of the building on a lot, expressed as a percentage of the lot area. means a line which marks the boundary of a lot. means the lot line that divides the lot from the highway. In the case of a corner lot the shortest lot line which abuts the highway shall be deemed to be the front lot line but shall not include the radial or straight-line corner cut created for the purpose of highway intersection widening. means the lot line opposite to and most distant from the front lot line. Where the rear portion of the lot is bounded by two intersecting side lot lines, it shall be the point of such intersection. means a lot line which is neither the front nor rear lot line. means the average of the elevation of the ground surface in tis natural state, before alteration or construction, as it adjoins each face of a building or structure. means any structure, whether or not ordinarily equipped with wheels, that is designated, constructed or manufactured to be moved from one place to another by being towed or carried, and to provide a dwelling, house, or premises, that is registered or capable of being registered in the Manufactured Home Registry established under the Manufactured Home Act, and complies with the specifications for manufactured homes set out in the Manufactured Home Regulation B.C. Regulation 441/2003. means a use where the building or group of buildings provide separate sleeping or dwelling units having direct access to the outside, intended to be occupied primarily by the travelling public. Term Natural Boundary Non-Conforming Building or Use Non-Medical Cannabis Retail Store Panhandle Parcel Parking Area Principal Building Professional Occupation Public Utility Use Recreational Vehicle Retaining Wall Road Definition means the visible high-water mark of any lake, river, stream, or other bodies of water where the presence and action of the water is so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream, or other body of water a character distinctive from that of the banks thereof, in respect to vegetation as well as in respect to the nature of the soil itself. means any building or use which does not conform with all the regulations of the Bylaw or amendments thereto, for the zone in which such building or use is located. means a retail store for the sale of cannabis that is licensed under the Cannabis Control and Licensing Act. means a narrow, elongated portion of a lot, the primary purpose of which is to provide access to the building area. see "Lot." means an area of land used for the parking of vehicles of owners, occupiers, visitors, customers, or employees, but does not include streets or driveways. means the main building or structure on a parcel of land which reflects the primary use of that land. means the following professions: a) doctor, b) dentist, c) chiropractor, d) veterinary surgeon, e) lawyer, and f) accountant and which conforms to the regulations under Section 3.2(2) of this Bylaw. means a use providing water, sewer, electrical, telephone, and similar services where such use is established or authorized by the Village of Tahsis, or by another government body, and includes public utility regulated by federal or provincial authorities. means any camper, vehicle, trailer, fifth wheel, coach, structure or conveyance designed to travel or to be transported on the highways and constructed or equipped to be used as a temporary living or sleeping quarters by travelers. means a structure constructed for the purpose of retaining, stabilizing or supporting an earthen bank as a result of differences in lot grades. see "Highway." 10 Term Screening Shipping/Cargo Container Short-Term Rental Accommodation Site Triangle Structure Temporary Building Townhouse Urban Agricultural Use Use Watercourse Definition means a continuous opaque fence, wall compact evergreen hedge or combination thereof of sufficient height, supplemented with landscape planting, that would effectively screen the property which it encloses and is broken only by access drives and walks. means an intermodal freight container that is used for the transportation and storage of goods and materials which are loaded into trucks, trains or ships for the purpose of moving goods and materials and which does not have wheels and does not include a truck body, trailer or transport trailer. means the rental of all or a portion of a dwelling for a period of less than thirty-one (31) days. means the triangular are bounded by the intersection of lot lines at a street or lane corner, and a line joining points along the lot lines ten (10) metres from their point of intersection. means an erection or construction of any kind whether fixed to, supported by, or sunk into land or water, but does not include fences or walls that are less than or equal to the height permitted under this Bylaw. means a building, either constructed on-site or off-site, that is intended to be placed on a property for a temporary use or purpose during the construction of a principal building on the same lot. means a building or buildings divided into not less than three (3) dwelling units with each dwelling unit having direct access to the outside and is intended to be occupied as a permanent home or residence, distinct from a hotel, motel or similar transient accommodation. Excludes apartments. means the growing of fruits and vegetables, flowers, native and ornamental plants, edible berries and food perennials and includes the keeping of honey bees and backyard hens, operating in accordance with Section 3. 3 of this Bylaw. Excludes agricultural use. means the purpose for which any lot, site, building or structure is designed, arranged or intended. means any natural or man-made depression with a well-defined bed zero point six (0.6) metres or more below the surrounding land serving to give direction to a current of water at least six (6) months of the year and includes any lake, river, stream, creek, spring, ravine, swamp, wetland or the sea. Term Yard Definition means the space on a lot adjacent to a building extending to the lot lines as illustrated in Figure A: Rear Yard Accessory Building Side Yard Highway Side Yard Principal Building Front Yard Yard, Front Yard, Rear Yard, Side Highway Figure A. means that portion of the lot between the front lot line and the closest point of the outer wall of the principal building facing the front lot line. In the case of a through lot, being a lot with road frontage at opposite ends, there shall be two front yards. In the case of a lot with panhandle access, the front yard is defined as the narrowest or panhandle portion of the lot with road frontage. means that portion of the lot between the rear lot line and the closest point of the outer wall of the principal building facing the rear lot line. means that portion of the lot, excluding the front yard, between the side lot line and the closest point of the outer wall of a principal building facing that side lot line. PART THREE: GENERAL REGULATIONS 3. 1 Uses Permitted in All Zones 1) On any parcel, the use of land, buildings and structures for the following principal uses is permitted: a) public utility use; b) parks; c) urban agricultural use 2) On a parcel of land with an area of zero point four (0. 4) hectares or more, the use of land, buildings and structures for agricultural use is permitted, including the keeping of livestock for domestic purposes only. 3.2 Occupations Permitted in All Zones 1) A home-based business is permitted in any zone subject to compliance with the following regulations: a) the home-based business must not alter the essential residential character of the premises where the home-based business is situated; b) there shall be no external indication that any building on the lot is utilized for any purpose other than normally associated with a residential use except for a single sign not exceeding 3600 square centimetres; c) the home-based business shall not generate any off-site parking or vehicular traffic beyond that which is normally associated with a residential use within the Village; d) the home-based business shall not produce, discharge or emit any smoke, dust, litter, vibrations, odours, effluent, noise, fumes or glare such as to create a nuisance to persons residing in the surrounding area; e) the home-based business shall be conducted entirely within a building that conforms with the other regulations under this Bylaw with the exception that, subject to compliance with subsection (d), activities associated with the home- based business may be conducted on the lot exterior to the building between the hours of 9:00 a.m. and 5:00 p. m. daily; f) there shall be no external storage of materials, equipment, containers or finished products; g) the home-based business must be operated by a person who permanently resides within a dwelling unit on the lot where the home-based business is situated; h) the gross floor area of the home-based business shall not exceed 50% of the gross floor area of the part of the dwelling unit that is used fora residential purpose; i) for certainty, a home-based business may be carried out in whole or in part in an accessory building or structure, provided that the accessory building or structure conforms with the other regulations under this Bylaw; and j) a maximum of one person who does not reside within a dwelling unit located on the lot where the home-based business is situated may be employed by the home-based business. 2) A professional occupation is permitted in any zone, subject to compliance with the following regulations: a) the professional occupation must not alter the essential residential character of the premises where the professional occupation is situated; b) there shall be no external indication that any building on the lot is utilized for any purpose other than normally associated with a residential use except for a single sign not exceeding 3600 square centimetres; c) the professional occupation shall not generate any off-site parking or vehicular traffic beyond that which is normally associated with a residential use within the Village; d) the professional occupation shall not produce, discharge, or emit any smoke, dust, litter, vibration, odours, affluent, noise, fumes, or glare such as to create a nuisance to persons residing in the surrounding area; e) the professional occupation shall be conducted entirely within a building that conforms with the other regulations under this Bylaw; and f) there shall be no external storage of materials, equipment, containers or finished products. 3.3 Urban Agricultural Use 1) Urban agricultural use shall not generate any off-site parking or vehicular traffic beyond what is normally associated within the Zone in which it is located. 2) Urban agricultural use shall not generate odour, waste, noise, smoke glare, fire hazard, visual impact, or any other hazard or nuisance, in excess of that which is characteristic of the Zone in which it is located under normal circumstances wherein no urban agriculture exists. 3) Greenhouses shall: a) be subject to the setback and location requirements of an accessory building; b) direct artificial lighting downwards or provide a shield to prevent the spillage of light onto adjacent parcels; c) only permit the use of artificial lighting between the hours of 8:00am and 10:00pm daily. 4) Compost bins and composting shall: a) be subject to the setback and location requirements of an accessory building; b) only consist of plant, plant-based material, or animal manure and shall not utilize any mechanized processes. 5) A produce stand shall be considered a home-based business and therefore subject to the regulations in Section 3.2(1) of this Bylaw. 6) The keeping of honey bees is a permitted urban agricultural use provided that: a) bees shall be housed in hives b) only two hives with colonies shall be permitted per lot; c) hives shall be at least four (4) metres from any neighbouring house, sidewalks, streets and public areas; d) hives must be located at least a minimum of three (3) metres above grade level to ensure the flight path of the bee is over the neighbouring houses in order to minimize the volume of bees at ground level; e) hives shall be securely located to prevent accidental disturbance or trespass by people and pets, and to prevent damage from wildlife; f) hives shall be equipped with adequate ventilation and near a water source; g) all beekeeping activities shall be in accordance to the Bee Regulation B.C. Regulation 3/2015 under the Animal Health Act. 7) The keeping of hens is a permitted urban agricultural use provided that: a) the maximum number of hens shall be six (6) per lot; b) roosters are not permitted; c) a coop must be provided to house the hens and said enclosure must provide a minimum of zero point three seven (0. 37) square metres per hen; d) coops shall not exceed three (3) metres in height; e) coops shall be subject to the setback and location requirements of an accessory building; f) coops shall be maintained in a clean condition and the coop shall be kept free of obnoxious odours, substances and vermin. 8) The keeping and raising of livestock for agricultural use is only permitted on lots greater than zero point four (0. 4) hectares. 3.4 Height of Buildings and Structures 1) The maximum height of all buildings and structure shall not exceed ten (10) metres above mean grade level, except for public utility uses and industrial uses. 2) The following are not be subject to the height requirements prescribed in each given zone of this Bylaw: church spires, windmills, chimneys, flagpoles, masts, aerials, water tanks, domes, belfries, monuments, observation towers, elevators and ventilation machinery, solar panels, agricultural buildings including silos provided that such 16 structures occupy no more than 20% of the lot area, or if situated on a building, not more than 15% of the roof area of the principal building. 3.5 Siting of Principal and Accessory Buildings 1) No residential use building shall be located on the same lot as another residential use building, except as otherwise provided for in this Bylaw. 2) No accessory building shall be located on any lot where a principal building has not been constructed or under construction except where allowed as a temporary building. 3) Except as expressly permitted under this Bylaw, no building or structure, including accessory buildings, or any part of a building or structure, shall be located in the area of any lot designated under Part 5 of this Bylaw as the minimum front yard. 4) Except as expressly permitted under this Bylaw, no principal building or structure or any portion thereof shall be located in the area of any lot designated under Part 5 of this Bylaw as the minimum side yard or rear yard. 5) Accessory buildings may be located in the area of any lot designated under Part 5 of this Bylaw as the minimum rear yard or side yard, but not part of an accessory building may be less than one point five (1. 5) metres from the property boundary. 6) Except within an industrial zone, any industrial use of public utility use building exceeding ten (10) metres in height shall not be sited within twelve (12) metres of any property line. 3. 6 Siting Exceptions 1) Where chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, bay windows or ornamental features project beyond the face of a building, the minimum distance to an abutting lot line as required elsewhere in this Bylaw may be reduced by not more than zero point six (0. 6) metres, providing that such reduction shall apply only to the projecting feature. For certainty, no such feature may project over a lot line. 2) Where steps, eaves, sunlight controls, canopies, balconies or open porches project beyond the face of a building, the minimum distance to a front, rear and side lot line 17 abutting a road as required elsewhere in this Bylaw for the projecting feature may be reduced by not more than two (2) metres and the minimum distance to an abutting side lot line not abutting a road as required elsewhere in this Bylaw for the projecting feature may be reduced by not more than 50% of such minimum distance. For certainty, no such feature may project over a lot line. 3.7 Siting of Buildings Adjacent to Watercourses 1) Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended nor shall any mobile home unit, modular home or structure be located within thirty (30) metres of the natural boundary of the sea, a lake, swamp or pond or the natural boundaries of the Leiner River, the Tahsis River and other watercourses within the municipality. 3.8 Fences and Retaining Walls 1) The maximum height of all fences shall not exceed two (2) metres above mean grade level except where provided for elsewhere in this Bylaw. 2) The maximum height of all retaining walls shall not exceed one point two (1. 2) metres above mean grade level except where provided for elsewhere in this Bylaw. 3.9 Visibility at Intersections 1) On a corner lot in any zone, nothing shall be erected, placed, or allowed to grow within the site triangle in such a manner as to impede vision between a height of one (1) metre and three (3) metres above the center-line grade of a street. The site triangle is illustrated in Figure B: 18 Parcel Parcel 10m - iom Highway Intersection ^lOn^ ^On^ Parcel Parcel Figure B. 3. 10 Temporary Buildings 1) A temporary building or structure may be erected or installed in conjunction with the permanent construction of a building or structure on the same lot. 2) A temporary building or structure shall be subject to the same siting, height and size requirements of an accessory building under this this Bylaw. 3) Prior to the construction or installment of a temporary building or structure, an application for a building permit shall be submitted to the building official and signed by the owner or agent in accordance with the Village ofTahsis Building Bylaw No. 525, 2006. 4) If the building official is satisfied that the proposed temporary building or structure would not constitute or cause a public hazard or public nuisance, nor obstruct any public right-of-way, they may issue a building permit for the temporary building or structure for a period not exceeding twelve (12) months. 5) The twelve (12) months period shall commence when the building permit has been issued to the owner or agent. 6) Upon the expiration of the buildingpermitfor a temporary building, the temporary building or structure shall be removed by the owner and the site restored as nearly as possible to its former condition. 7) Where a residence is under construction, one temporary building or accessory building may be used as a temporary dwelling on the same lot for a period of not more than twelve (12) months. 8) A temporary building or accessory building may not be used as a temporary dwelling unless the building official issues an occupancy permit authorizing the temporary use. 9) At the expiration of the occupancy permit, the residential use of such temporary building or accessory building must be discontinued. 10) Permits for temporary buildings are renewable upon application to the building official, for one additional renewal period not to exceed six (6) months. An application for permit renewal must provide reasons why renewal is necessary. 3.11 Temporary Occupancy of a Recreational Vehicle 1) The residential use of a recreational vehicle (RV) as a temporary dwelling on a parcel while in the process of constructing a permanent dwelling on the same parcel is permitted, provided that the following conditions are met: a) the occupancy of the RV must not commence until a building permit has been issued for the construction of a detached dwelling unit located on the same lot; b) sewage must be disposed of at an approved off-site location, or be connected to an approved municipal sewer system; c) the owner must apply for and obtain a permit from the building official authorising the use of the RV as a temporary dwelling. d) the RV must be sited in accordance with the provisions of this Bylaw regulating the siting of accessory buildings; e) the period of occupancy of the RV must not exceed twelve (12) months from its commencement, unless the permit issued under subsection (c) is renewed upon application to the building official, for period not to exceed six (6) months. 3. 12 Storage 1) In all zones, except as provided for in the Industrial Zone Two (1-2), no parcel shall be used for the wrecking or storage of derelict automobiles or as a junkyard. 2) A vehicle which has not been licensed and insured for over twelve (12) months and which is not housed in a garage of carport shall be deemed to be a derelict vehicle or junk. 3) Shipping/cargo containers shall not be permitted as accessory storage buildings, except: a) the temporary placement of shipping/cargo containers on residentially zoned lots, or on lots of which the principal use is residential, shall be permitted for a temporary period not exceeding six (6) months. b) the placement of a shipping/cargo container shall be permitted in all commercial, industrial, institutional, and rural zones, subject to compliance with the siting regulations for accessory building under this Bylaw. 3. 13 Off-Street Parking 1) Off-street parking shall be provided on each lot in accordance with the following table: Use Apartment/Condominium Building Auto Repair Bed and Breakfast Boat Sales and Repair Building Materials and Supply Campground Cafe/Dining Room Commercial Office Required Parking Space 1 space per dwelling unit + 1 visitor space per 4 dwelling units 1 space per 2 employees + 1 space per 70m of sales floor + 1 space per service bay 1 space per guest room + the 2 spaces required for the principal dwelling in which the bed and breakfast is located 1 space per 2 employees + 1 space per 90m2 of storage area + 1 space per 35m2 of retail area 1 space per 2 employees + 1 space per 90m2 of storage area + 1 space per 35m2 of retail area 2 spaces per campsite 1 space per 3 seats 1 space per office + 1 customer space per office Use Community Care Facility (Institutional) Community Care Facility (Residential) Contractors Yard Farmer's Market Fish and Shellfish Processing Gas Station Health and Beauty Salon Home-Based Business Hospital Hotel/Motel Laundromat Library Manufacture/lndustrial Marina Medical Clinic Museum Police Detachment Public Bus Depot Residential (Single-Family) Residential (Multi-Family) Recreation Center School (Elementary) School (Secondary) Shopping Center Short-Term Rental Accommodation Required Parking Space 1 space per person in care + 1 space per employee 1 space per person in care + the 2 spaces required for the principal dwelling 1 space per 2 employees 1 space per 30m2 of sales area 1 space per 2 employees 1 space per 2 employees + 2 spaces per service bay 1 space per 10m2 of gross floor area 1 space + the 2 spaces required for the principal dwelling unit 1 space per 2 employees + 1 space per 5 patient beds 1 space per rentable room or sleeping unit 1 space per 3 washing machines 1 space per 2 employees + 1 space per 35m2 gross floor area 1 space per 2 employees 1 space per 2 employees + 1 space per 2 boat spaces 4 spaces per medical professional 1 space per 10m2 of gross floor area 1 space per 2 employees + 1 space for each additional police vehicle stored at the detachment 1 space per 2 employees + 1 space per 20m2 of waiting room 2 spaces per dwelling unit 1 space per dwelling unit + 1 visitor space per 4 dwelling units 1 space per 10m2 of gross floor area 1 space per classroom + 1 visitor space for every 2 classrooms 1 space per classroom + 1 visitor space for every 2 classrooms + l space per 10 students 6 spaces per 90m2 of gross floor area 1 space per guest room + the 2 spaces required for the principal dwelling 22 Use Swimming Pool Retail Store/Liquor Store/Supermarket Tire Repair Tourist Cabin Produce and Farm Stand Warehouse Required Parking Space 1 space per 4m2 of pool water surface 1 space per 15m2 of gross floor area 1 space per 2 employees + 1 space per service bay 1 space per guest room 1 space per 15m2 of gross floor area with a minimum of 2 spaces provided 1 space per 200m2 of gross floor area devoted to the warehouse/storage use + 1 space per 400m2 of area used for outdoor storage of boats and recreational vehicles 2) Only the following shall be parked or stored in the open of any residential zone for each dwelling unit on a site: a) automobiles; b) one commercial vehicle not exceeding a licensed gross vehicle weight of 907 kilograms; c) trucks, commercial vehicles or equipment required for the construction, repair, serving or maintenance of the premises; d) any dismantled or wrecked vehicle or boat for a period of not more than thirty (30) successive days; e) recreational boats and vehicles for the personal use of the occupant. 3) Off-street parking may be provided collectively in a parking area provided that the total number of parking spaces, when used together, is not less than the sum of the requirements for the various individual uses, also provided that the nearest of such parking spaces shall be within fifty (50) metres of the building or uses for which they are required and that such parking spaces be contiguous. 4) All off-street parking areas shall: a) have a clear length of not less than six (6) metres, a clear width of not less than two point eight (2. 8) metres and a clear height of not less than two point one (2. 1) metres except in the case of parallel parking where each space shall be a minimum of six point seven (6. 7) metres in length; b) be marked and provided with adequate curbs in order to retain all vehicles and to ensure that fences, hedges or landscape areas, as well as any buildings, will be protected from parking vehicles; c) where there are more than four (4) off-street parking spaces required, be provided with a surface that is durable and dust-free and shall be so graded and drained as to properly dispose of all surface water; d) be provided with adequate maneuvering aisles to facilitate vehicular movement from all individual parking spaces. 5) Required parking aisle widths shall be: a) six (6) metres for 90-degree parking b) five (5) metres for 60-degree parking c) four (4) metres for 45-degree parking 6) All off-street parking is to be provided at no charge to users except where approved by resolution of Council. 7) Off-street parking spaces for the use of persons with a disability shall be: a) provided where total vehicular parking requirements exceed ten (10) stalls, five (5) per cent of the total number of parking space (rounded to the nearest whole number) to a maximum often (10) stalls shall be designated for such purpose; b) signed and pavement marked with the International Symbol for Accessibility; c) located as near as practical to the building entrance designed for a person with a disability. Changes in elevations between the entrance and the parking space should be ideally non-existent, and if grade changes exist, they shall be gradual and clearly marked. 24 3.14 Lot Sizes 1) The minimum parcel area into which land may be subdivided is prescribed in the following table: Zone Residential Commercial Industrial Minimum Lot Area 557.4m2 278. 7m2 557. 4m2 25 PART FOUR: ESTABLISHMENT OF ZONES AND SCHEDULES 4. 1 Zone Classification 1) For the purpose of this Bylaw, the Village of Tahsis shall be classified and divided into the following zone designations and their abbreviations: Zone Classification Residential Zone One Residential Zone Two Residential Multiple Zone One Residential Multiple Zone Two Rural Zone One Commercial Zone One Commercial Zone Two Industrial Zone One Industrial Zone Two Public Assembly-lnstitutional Zone One Tourist-Campground Zone One Abbreviation R-l R-2 RM-1 RM-2 RU-1 C-l C-2 1-1 1-2 PA-1 TC-1 4.2 Extent of Zone 1) The extent of each zone is shown on Map A which is attached to and forms part of this Bylaw. 4.3 Road Allowance/Creek Boundary 1) When the zone boundary is shown on Schedule A as following a road allowance or creek, the center-line of such road allowance or creek shall be the zone boundary. 4.4 Determination of Boundaries 1) Where a zone boundary does not follow a legally defined line and where the distances are not specifically indicated, the location of the boundary shall be determined by scaling from Schedule A. 26 PART FIVE: ZONES 5.1 Regulations for Each Zone 1) The Tables set out in this part set out the regulations that must be complied with in each zone, including but not limited to regulations for: a) permitted principal and accessory uses; b) minimum setbacks; c) maximum lot coverage; d) maximum density; e) conditions of use. single-family dwellings 5.2 Residential Zone One (R-l) Principal Uses Accessory Uses . accessory building or structure . community care facility . home-based business . professional occupations . bed and breakfast accommodations . short-term rental accommodations . urban agricultural use Minimum Setbacks 6 metres 2 metres 1.5 metres (except where the size yard flanks a street in which case the minimum yard distance shall be 3 metres) Maximum Height All buildings and structures 10 metres Maximum Lot Coverage All buildings and structures 35% Front yard minimum Rear yard minimum Side yard minimum 27 5.3 Residential Zone Two (R-2) Principal Uses Accessory Uses . single-family dwellings . accessory building or structure . duplexes . community care facility . boarding house (restricted to not . home-based business more than 4 boarders) . professional occupations . bed and breakfast accommodations . short-term rental accommodations . urban agricultural use Minimum Setbacks 6 metres 2 metres 1. 5 metres (except where the size yard flanks a street in which case the minimum yard distance shall be 3 metres) Maximum Height All buildings and structures 10 metres Maximum Lot Coverage All buildings and structures 35% Front yard minimum Rear yard minimum Side yard minimum 5.4 Residential Multiple Zone One (RM-1) Principal Uses single-family dwellings duplexes boarding houses townhouses apartments Accessory Uses . accessory building or structure . community care facility . home-based business . professional occupations . bed and breakfast accommodations . short-term rental accommodations . urban agricultural use Minimum Setbacks Front yard minimum 6 metres Rear yard minimum 10. 5 metres Side yard minimum 4.5 metres Maximum Density Single-family dwellings, duplexes and 18 dwelling units per hectare boarding houses Townhouses, apartments and bunkhouses 50 dwelling units per hectare Maximum Height All buildings and structures 10 metres Maximum Lot Coverage All buildings and structures 40% Conditions of Use 1) Siting of Parking Areas a) parking spaces shall be located at least six (6) metres away from windows of habitable rooms at or below grade, or less than one point seven five (1. 75) metres above grade; b) parking spaces shall be located at least two point five (2. 5) metres away from windows of habitable rooms where the sill is one point seven five (1. 75) metres or more above grade; c) no parking space or area shall be located within one point five (1.5) metres of any property line; d) no parking space, area or driveway shall be located within seven point five (7.5) metres of any playground. 2) Playground a) a minimum landscaped area of fifty (50) square metres shall be provided for each four (4) units of three (3) bedrooms or more for the purpose of providing a playground 3) Landscaping a) landscaping in the forms of grass, shrubs, plants, flowers and/or decorative boulders shall cover all portions of the site not developed with buildings, parking and driveway areas. The type and extent of landscaping and recreation areas shall be clearly indicated on plans submitted for a building permit; 5.4 Residential Multiple Zone One (RM-1) b) parking, playground and open storage areas shall be screened along all property lines, except where road vision may be impaired, by a landscaped hedge and/or fence not less than one point seven five (1. 75) metres in height. 5.5 Residential Multiple Zone Two (RM-2) Principal Uses Accessory Uses . mobile homes . accessory building or structure . community care facility . home-based business . professional occupation . urban agricultural use Minimum Setbacks 1) A seven point five (7. 5) metre minimum yard shall be maintained along all exterior property lines in a mobile home park. 2) No mobile home shall be location within seven (7) metres of another mobile home 3) No part of any mobile home, or any addition or accessory building shall be located: a) within two (2) metres of an internal access road right-of-way or common parking area; b) within two (2) metres of rear and side mobile home space lines. Maximum Density Mobile home park 20 dwelling unit per hectare Maximum Height All buildings and structures 10 metres Maximum Lot Coverage Mobile home and additions to it (exclusive of 35% carport) Addition to a mobile home (exclusive of 20% carport and/or patio) Minimum Lot Size and Lot Frontage 325 square metres 12 metres 6 metres (unless otherwise approved by Council) Minimum area Minimum frontage when abutting an internal roadway right-of-way Minimum frontage when abutting a cul-de- sac or panhandle mobile home space Conditions of Use 4) Mobile Home Space/Lot a) each mobile home space shall be clearly marked off by suitable means; b) all mobile home spaces shall be properly drained, clearly numbered and have a clearly discernible mobile home pad of compacted gravel or be surfaced with asphalt or concrete pavement; c) no more than one mobile home shall be located on a mobile home space. 5) Off-Street Parking a) two (2) parking stalls shall be provided for each mobile home space; b) in addition, one stall for every five (5) mobile home spaces shall be provided in the mobile home park for common guest parking. 5.5 6) General Provisions Residential Multiple Zone Two (RM-2) a) the owner of a mobile home park shall provide within the mobile home park one or more recreation areas, protected from automobile traffic and having a total area of not less than 10% of the mobile home park. The buffer strip and street right-of-way shall not be included in calculating the recreation area provided; b) at least one open communal storage site having a surface area of a minimum average of twenty (20) square metres for each mobile home site shall be located within each mobile home park. The communal storage site shall be located in a section of the park where it will not create a nuisance, as to sight, sound or smell, and must be adequately landscaped, provide adequate security, and not be located in any buffer or recreation area. No structures shall be constructed in open communal storage sites. c) All accessory structures such as patios, porches, additions, skirting and storage facilities shall be factory pre-fabricated units, or of a quality equivalent thereto, so that the appearance, design and construction will complement the mobile home. The undercarriage of each mobile home shall be screened from view by skirting or such other means satisfactory to the building official. 32 5.6 Rural Zone One (RU-1) Accessory Uses . accessory building or structure . single fully enclosed building to house a maximum of 3 people being employed in a business conducted on the lot and subject to the conditions of use in 5. 5(1) . home-based business . professional occupation . urban agricultural use Principal Uses . one single-family dwelling (including a mobile home) . agricultural use (including the sale of products grown on the property) . animal kennels and shelters . silviculture and commercial nurseries . airports, heliports, and associated uses . campsite and tenting sites (maximum density of 25 units per hectare) Minimum Setbacks Front yard minimum 7. 5 metres Rear yard minimum 7. 5 metres 3.5 metres (except where the width of a lot is 30 metres or less at the required front yard Side yard minimum setback and where there is not street flanking the side yard, in which case the minimum is 1. 75 metres) Maximum Height All buildings and structures (excluding 10 metres agricultural buildings) Maximum Lot Coverage All buildings and structures (excluding 15% commercial greenhouses) All buildings and structures (excluding commercial greenhouses when located on a 35% lot equal to or less than 1625 square metres) Conditions of Use 1) A single fully enclosed building to house a maximum of three (3) people being employed are subject to the following conditions: a) no outdoor storage; b) building height to be no more than of four point five (4. 5) metres; c) minimum yard clearance along all property lines of seven point five (7. 5) metres; d) maximum gross floor area of 75 square metres. 33 5.7 Commercial Zone One (C-l) Accessory Uses . accessory building or structure . one single-family dwelling . home-based business . professional occupation . urban agricultural use Principal Uses . retail stores . offices . entertainment establishments . banks, credit unions, loan, and trust companies, pawnshops . coffee shops and restaurants . hotels, motels, lodges, pubs . personal service establishments . private clubs . repair establishments . printing and publishing shops . boat sales and service . building supply and lumber yards . retail sale of motor vehicle fuels and ancillary products . non-medical cannabis retail store Minimum Setbacks Front yard minimum Not required Not required (except where the abutting Rear yard minimum property is zoned residential in which case a 2 metre rear yard is required) Not required (except where the abutting Side yard minimum property is zoned residential in which case a 3. 5 metre side yard is required) Maximum Height All buildings and structures 10 metres Conditions of Use 1) No activity on a lot for a permitted use shall cause nuisance to surrounding area by reasons of unsightliness, odor emissions, liquid effluents, dust, noise, fumes, smoke or glare. 2) No parking, loading or storage areas shall be located in any required yards where the abutting property is zoned residential. 34 5.8 Commercial Zone Two (C-2) Accessory Uses . accessory building or structure . one single-family dwelling . home-based business . professional occupation . urban agricultural use Principal Uses . automobile sales and service . mobile home and recreational vehicle sales * plumbing, sheet metal, welding and machine shops * gasoline service stations . auto body repair . warehousing . open-air recreation and entertainment establishments . restaurants and coffee shops . non-medical cannabis retail store Minimum Setbacks Front yard minimum Not required Not required (except where the abutting Rear yard minimum property is zoned residential in which case 2 metres shall be maintained) Not required (except where the abutting Side yard minimum property is zoned residential in which case 3. 5 metres shall be maintained) Maximum Height All buildings and structures 10 metres Conditions of Use 1) No activity on a lot for a permitted use shall cause nuisance to surrounding area by reasons of unsightliness, odor emissions, liquid effluents, dust, noise, fumes, smoke or glare. 2) No parking, loading or storage areas shall be located in any required yards where the abutting property is zoned residential. Accessory Uses accessory building or structure one single-family dwelling home-based business professional occupation urban agricultural use 5.9 Industrial Zone One (1-1) Principal Uses . all light industrial uses, not including those listed in (1-2), but including lumber storage, lumber dry kilns, lumber remanufacturing, and shake and shingle manufacturing . building supply and lumber yards . automobile sales and service . mobile home and recreational vehicle sales . plumbing, sheet metal, welding and machine shops . gasoline service stations . auto body repair . warehousing . open-air recreation and entertainment establishments . restaurants and coffee shops . non-medical cannabis retail store Minimum Setbacks Front yard minimum Not required Not required (except where the abutting Rear yard minimum property is zoned residential in which case 2 metres shall be maintained) Not required (except where the abutting Side yard minimum property is zoned residential in which case 7.5 metres shall be maintained) Conditions of Use 1) No parking, loading or storage areas shall be located in any required side yard or in any other required yard where the abutting property is zone residential. 2) All manufacturing shall be housed within a completely enclosed building. 3) All outdoor storage or supply yard shall be screened from any abutting property by solid fencing or screening not less than one point seven five (1.75) metres or greater than two (2) metres in height. 4) No activity on a lot for a permitted use shall cause nuisance to surrounding area by reasons of unsightliness, odor emissions, liquid effluents, dust, noise, fumes, smoke or glare. 5.10 Industrial Zone Two (1-2) Accessory Uses . accessory building or structure . one single-family dwelling . home-based business . professional occupation . urban agricultural use Principal Uses . wood processing including sawmills, shake mills, pulp and paper . bulk fuel storage . auto wrecking . refuse disposal . fish and shellfish processing . aquaculture . barge loading and freight handling facilities . commercial marina facilities . manufacture of concrete products . non-medical cannabis retail store Minimum Setbacks Front yard minimum Not required Not required (except where the abutting Rear yard minimum property is zoned residential in which case 2 metres shall be maintained) Not required (except where the abutting Side yard minimum property is zoned residential in which case 7. 5 metres shall be maintained) Minimum Lot Size Minimum area (all upland uses) 0.4 hectares Conditions of Use 1) All outdoor storage or supply yards shall be screened from any abutting property which is zoned residential by solid fencing or screening not less than two (2) metres in height. 2) Auto wrecking yards shall be screen along all property lines by solid fencing not less than two point five (2. 5) metres in height. 5.11 Public Assembly - Institutional Zone One (PA-1) Principal Uses churches community care facility day care facility fire hall government offices and facilities hospitals and related medical facilities libraries museums and galleries police detachment public assembly use public utility use playgrounds recreational facilities Accessory Uses accessory building or structure one single-family dwelling home-based business professional occupation urban agricultural use Front yard minimum Rear yard minimum Side yard minimum schools Minimum Setbacks 6 metres 2 metres 1.5 metres (except where the side yard flanks a street in which case the minimum yard distance shall be 3 metres) 1) No building or structure shall be located within three point five (3. 5) metres of an accessory building on the same lot. Maximum Height All buildings and structures (excludes public 10 metres utility uses) Maximum Lot Coverage All buildings and structures 35% 5 metres 7. 5 metres 70 per hectare 140 per parcel 5.12 Tourist-Campground Zone One (TC-1) Principal Uses Accessory Uses . campground . accessory store . nature park . accessory storage of recreational vehicles . campground office . caretaker's residence Minimum Setbacks Front and exterior lot lines Rear and interior lot lines Maximum Density Maximum number of camping spaces Maximum number of campsites 1) No buildings other than one caretaker residence, one accessory store building, one accessory campground office building, accessory washrooms and one storage and maintenance building permitted on a lot. Maximum Height All buildings and structures Maximum Lot Coverage All buildings and structures Open site area (excluding areas occupied by buildings, structures, concrete, and other impervious surfacing) Minimum Lot Size Minimum area Conditions of Use 2) Maximum Building and Storage Area Sizes a) the caretaker's residence shall have a maximum gross floor area of 125 square metres; b) an accessory store shall have a maximum gross floor area of fifty (50) square metres; c) a campground office shall have a maximum gross floor area of fifty (50) square metres; d) any other accessory building shall have a maximum gross floor area of seventy-five (75) square metres; e) area for the storage of recreational vehicles shall not exceed 10 percent of the total area of the parcel. 3) Structure Area a) a structure or system of structures to support a parked recreational vehicle including concrete, asphalt or other impervious pads shall not exceed an area of twenty (20) square metres; 10 metres 10% Not less than 55% 0. 4 hectares 5. 12 Tourist-Campground Zone One (TC-1) b) one accessory unenclosed deck or patio may be constructed adjacent to each recreational vehicle provided that such structures shall not exceed a maximum area of fourteen (14) square metres and no canopy over such a structure shall exceed the height of the adjacent recreational vehicle. 4) Accessory Storage Area a) the perimeter of an accessory storage area for recreational vehicles shall be screened by a solid fence or landscaping hedge. PART SIX: REPEAL 6.1 Bylaw Repeal 1) The Village ofTahsis Zoning Bylaw No. 176, 1981 and amendments thereto, is hereby repealed. READ a first time this S~A READ a second time this READ a third time this ^~ -S.1^- day of_, 2020 day 0^' 2020 day ofA*^2020 J^pl^ Reconsidered, Finally Passed and Adopted this K^_da of _J, 2020 V- MAYOR CORPORATE OFFICER I hereby certify that the foregoing is a true and correct copy of the original Bylaw No. 630, 2020 duly passed b the Council of the Village of Tahsis on this ll_day of ft*3 2020. CORPORATE OFFICER ( Treo Te Set gp Village ofTahsis Zoning a «..- E-3 '»a""~ «. -".,." f -,." *lwArt«l hhlltph 0[>* tNMU f -_._ 0 f » ys