Village of Telkwa Zoning Bylaw No. 747, 2022

Telkwa, British Columbia · adopted 2022-03-22

This is the exact embedded text of the captured official document. Snapshot 5cfdc3daec86 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Village of Telkwa Zoning Bylaw No. 747, 2022 The Village of Telkwa greatly appreciates the funding partnership with Real Estate Foundation of British Columbia to bring this project to fruition. VILLAGE OF TELKWA ZONING BYLAW NO. 747, 2022 ZONING BYLAW A Bylaw of the Corporation of the Village of Telkwa to manage development within the Village of Telkwa. WHEREAS the Village of Telkwa wishes to repeal "The Village of Telkwa Zoning Bylaw No. 633, 2013", and amendments thereto, and wishes to enact regulations for the health, safety and protection of persons and property, pursuant to Section 479 of the Local Government Act. AND WHEREAS Council has held a Public Hearing pursuant to Section 464 of the Local Government Act. NOW THEREFORE, the Council of the Village of Telkwa, in an open meeting assembled, enacts as follows: 1. This Bylaw may be cited as "The Village of Telkwa Zoning Bylaw No. 747, 2022". 2. The following schedules are attached to and form part of this Bylaw: a. Schedule A - Zoning Bylaw Text b. Schedule B - Zoning Map 3. If any section, subsection, sentence, clause, phrase, or map in this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, then the invalid provision shall be severed, and the decision that it is invalid shall not affect the validity of the remainder. 4. Bylaw No. 633, 2013, cited as "The Village of Telkwa Zoning Bylaw No. 633, 2013," and all amendments thereto as they apply to the Village of Telkwa are hereby repealed. Read for a first time the 11th day of January, 2022 Amended and Read for a second time the 8th day of February, 2022 Public Hearing held on the 8th day of March, 2022 Read for a third time the 8th day of March, 2022 Ministry of Transportation and Infrastructure approval received pursuant to s. 52 of the Transportation Act on this 16th day of March, 2022 Adopted the 22nd day of March, 2022 Derek Meerdink DEPUTY MAYOR Debbie Joujan CHIEF ADMINISTRATIVE OFFICER SCHEDULE A Zoning Bylaw Text CONTENTS SCHEDULE A Zoning Bylaw Text .................................................................................................................................................................. ii 1 DEFINITIONS ................................................................................................................................................................................................... 1 2 ADMINISTRATION AND ENFORCEMENT .................................................................................................................................. 18 3 GENERAL PROVISIONS ........................................................................................................................................................................ 20 4 ESTABLISHMENT OF ZONES ............................................................................................................................................................. 33 5 LOW DENSITY RESIDENTIAL - R1 ................................................................................................................................................... 35 6 MULTIPLE-UNIT RESIDENTIAL - R2 .............................................................................................................................................. 37 7 MANUFACTURED HOME PARK - R3 ............................................................................................................................................ 39 8 DOWNTOWN COMMERCIAL - C1 .................................................................................................................................................. 40 9 SERVICE COMMERCIAL - C2 ............................................................................................................................................................. 42 10 NEIGHBOURHOOD COMMERCIAL - C3.................................................................................................................................... 46 11 INDUSTRIAL - M1 ....................................................................................................................................................................................... 49 12 CIVIC AND INSTITUTIONAL - P1 ...................................................................................................................................................... 50 13 PUBLIC PARK AND RECREATION - P2 ....................................................................................................................................... 53 14 FUTURE DEVELOPMENT - FD......................................................................................................................................................... 55 15 SCREENING AND LANDSCAPING .................................................................................................................................................. 56 16 OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS............................................................................. 58 SCHEDULE B Zoning Map ............................................................................................................................................................................. 65 1 | P a g e 1 DEFINITIONS 1.1 Definitions In this Bylaw, all words or phrases shall have their normal or common meaning except where this is changed, modified, or expanded by the definitions set forth below: ACCESSORY means a use, Building or Structure on the same Parcel with, and of a nature that is incidental and subordinate to the Principal Use, Building or Structure. ACCESSORY BUILDING means any Building or Structure that is used for an Accessory use but is separate from a Principal Building and is located on the same Parcel, and includes: garages, carports, sheds, soft-sided Structures, and greenhouses. An Accessory Building or Structure may be located on the common property in a bare land strata plan or on a strata lot in that strata plan. Figure 1.1 illustrates the Principal and Accessory Building. Figure 1.1 Principal and Accessory Buildings AGGREGATE PROCESSING means the use of a mechanically operated device or Structure for one (1) or more of the following: - to sift, sort, crush or separate rock, sand, gravel, or other material of which land is composed; - to wash or separate silts and other fine or small materials from larger rock, sand, gravel, or other material of which land is composed. This use does not include an asphalt or concrete plant. AGRICULTURE means a use providing for the growing, rearing, cultivating, producing, and harvesting of agricultural products, as well as Cannabis, poultry, and Livestock, including the storage and sale on an individual farm of the products harvested, reared or produced on that farm, and the storage of farm machinery, implements and supplies, and repair to farm machinery and implements, used on that farm. It excludes all manufacturing, processing, storage and repairs not specifically included in this definition except in relation to the farm and non-farm uses that cannot be prohibited by local government under the Agricultural Land Commission Act and its regulations. Agriculture Parcels may contain an Agri-tourism as an Accessory use. 2 | P a g e AGRICULTURAL FEED STORE means the use of land, Buildings, or other Structures for the sale of feed, products and supplies used in Agriculture. This use does not include Heavy Equipment Repair and Sales. APARTMENT means a Building consisting of five (5) or more Dwelling Units. ART GALLERY means the use of land, Buildings, or other Structures for the exhibition or sale of works of art, which may include the collection or preservation of works of art, primarily for the recreation and cultural education of the public. ASSEMBLY HALL means a Building maintained for non-Commercial meetings and recreation use by and for members of a social, athletic, recreational, fraternal, benevolent, patriotic, or veteran's organization, but is not to be operated primarily for pecuniary gain. An Assembly Hall may include food or beverage service as an Accessory use. AVERAGE GRADE means the average of the finished ground at the center of the face with the highest ground level and the finished ground at the center of the face with the lowest ground level, except that localized ground level changes such as vehicle or pedestrian entrances or window wells need not be considered in the determination of average levels of finished ground, generally as seen in Figure 1.2 illustrates Grade and Height. Figure 1.2 Grade and Height BACKYARD BEEKEEPING means keeping bees in accordance with section 3.20 of this Bylaw. BACKYARD HEN KEEPING means the keeping of adult female domesticated fowl of the species Gallus gallus domesticus in accordance with section 3.19 of this Bylaw. BED AND BREAKFAST means the Accessory use of a Single Detached Dwelling or half of a side- by-side Duplex Dwelling, for the Temporary Accommodation of guests, operated as a Home Business. BODY REPAIR SHOP means the use of land, Buildings, or other Structures for the repair and painting of the bodies of passenger vehicles, motorcycles, snowmobiles, boats, all-terrain vehicles, farm machinery, recreational vehicles, and heavy equipment. 3 | P a g e BUILDING means a Structure wholly or partly enclosed by a roof or roofs supported by walls or columns, which is affixed to the land and is capable of supporting or sheltering any use or occupancy by persons, animals, or chattels. A Camping Vehicle is not a Building. BUILDING AND GARDEN SUPPLIES means the use of land, Building or other Structures for one (1) or more of the following: - the retail sale or wholesale of Building materials, fixtures or hardware, garden furniture, plants, construction and home improvement equipment or supplies; - the rental of home construction, maintenance, or repair equipment. BUILDING WIDTH means the lesser of the two horizontal dimensions of a Building or Structure. In the case of a Manufactured Home, this means the width of the Manufactured Home exclusive of any structural additions attached thereto, which were not a section or intended to be a section of the home at the time of its manufacture. C ZONE means: - Downtown Commercial - C1; - Service Commercial - C2; - Neighbourhood Commercial - C3. CABIN means a Building: - having a maximum Gross Floor Area to 167 m2 (1,800 ft2); - that is used or occupied or designed to be used or occupied as a Temporary Accommodation. CAMPGROUND means the use of land, Building or other Structures for the Temporary Accommodation of persons in Cabins, Camping Vehicles, or tents, and may include one (1) or more of the following Accessory uses: - common cooking facilities; - restaurant; - personal services; - Convenience Retail Store; and - the rental of small watercraft and other recreational equipment. CAMPING VEHICLE means an operational vehicle or a trailer designed and manufactured for travel on wheels for vacation or recreational use and includes travel trailers, motor homes, slide- in campers, chassis-mounted campers, and tent trailers but not Manufactured Homes or other Structures. CANNABIS means Cannabis as defined in the Cannabis Act and includes any products containing Cannabis. CANNABIS ACCESSORY means Cannabis Accessory as defined in the Cannabis Act. CANNABIS PLANT means a plant that belongs to the genus Cannabis. 4 | P a g e CANNABIS PRODUCTION means the use of land, Buildings or Structures for the propagation, production, cultivation, or harvesting of Cannabis or any part of a Cannabis Plant as permitted by the Access to Cannabis for Medical Purposes Regulations (ACMPR) or the Cannabis Act and regulations thereunder as amended and enacted from time to time, and any subsequent regulations or acts which may be enacted in the future. This use includes the processing, packaging, storage, or distribution of Cannabis propagated, produced, cultivated, and harvested on the same property. CANNABIS RETAIL means the use of land, Buildings, or other Structures for the dispensing, selling, or distributing Cannabis, any products containing Cannabis or Cannabis Accessories as lawfully permitted and authorized under the Cannabis Control and Licensing Act, Cannabis Act, Cannabis Distribution Act, and respective regulations thereunder as amended and enacted from time to time and any subsequent regulations or acts which may be enacted. CEMETERY means the use of land, Building or other Structures for the internment of human or animal remains and includes one (1) or more of the following: - burial grounds; - columbarium; - mausoleum; - ash garden; - memorial Park. This use does not include a Crematorium. COMMERCIAL means the use of land, Building or other Structures for commerce. COMMUNITY CARE FACILITY means a Building which is designated as such under the Community Care and Assisted Living Act. CREMATORIUM means the use of land, Building or other Structures for the cremation of human or animal remains. DAY CARE means any type of facility licenced under the Community Care and Assisted Living Act that provides group Day Care programs for children. DERELICT VEHICLE means any motor vehicle that has not been licensed for more than twelve months or is incapable of being driven, except for any non-licensed off-road or construction vehicle currently being used or property stored for construction, maintenance or recreation on the site. DWELLING means a standalone Building designed to contain one (1) or more Dwelling Units for the purpose of permanent habitation on a full-time basis. A Dwelling does not include Hotels, Motels, or Community Care Facilities. DWELLING, DUPLEX means a Building used or designed for use as two (2) principal self- contained Dwelling Units, and no suites. A Duplex may be designed and constructed as two (2) Dwelling Units at initial construction or through the conversion of an existing Building. Figure 1.3 illustrates two types of Duplex Dwellings. 5 | P a g e Figure 1.3 Examples of Duplex Dwellings DWELLING, FOURPLEX means a Building having four (4) Dwelling Units located above or below or beside each other that each share a common wall with each other. A Fourplex may have a common entrance foyer or individual entrances. Figure 1.4 illustrates a Fourplex Dwelling. Figure 1.4 Example of Fourplex Dwelling 6 | P a g e DWELLING, ROW HOUSE means four (4) or more of a series of Dwelling Units, often of similar or identical design, situated side by side facing the front Parcel line and joined by shared walls. DWELLING, SINGLE DETACHED means a Building that contains only one (1) Principal Dwelling Unit and is completely separated by open space on all sides from any other Structure, except its own carport, garage or shed. This use includes Manufactured Homes that conform to Canadian Standards Association (CSA) Z240 standard for mobile homes or CSA A277 standard for modular homes. A Single Detached Dwelling may also include one or two Attached Suites as an Accessory use. DWELLING, TRIPLEX means a Building having three (3) Dwelling Units located above or below each other or any combination of above/below and side by side by side that each share a party wall with each other. A Triplex may have a common entrance foyer or individual entrances. DWELLING UNIT means one (1) or more rooms in a Building used or intended to be used as a permanent full-time Residence by an individual or a group of individuals living together in common occupancy. A Camping Vehicle is not a Dwelling Unit. DWELLING UNIT, ACCESSORY means a self-contained Dwelling Unit located within a Principal Building or in an Accessory Building on the same Parcel as a Principal Commercial, Industrial (Heavy or Light), or Institutional Building or use. EMERGENCY SERVICE means the use of land, Building or other Structures for a hospital or emergency response purposes related to fire protection, search and rescue, road rescue, and ambulance service. This use does not include a tow truck. EQUIPMENT REPAIR AND SALES, HEAVY means the use of land, Building or other Structures for the sale, rental, and repair of machinery or mechanical equipment. This use does not include Motor Vehicle Repair. EQUIPMENT REPAIR AND SALES, LIGHT means the use of land, Building or other Structures for the sale, rental, and repair of small personal items, tools, consumer appliances, machines, and light construction equipment. The individual items being sold, rented, and repaired cannot exceed a weight of 500 kg. This use does not include a Motor Vehicle Repair. FINANCIAL SERVICES means the provision of financial and investment services by a bank, trust company, investment dealer, credit union, mortgage broker, insurance company, financial planners and advisors or related businesses. FLOOR AREA, GROSS (GFA) means the total area of all the floors in a Structure measured to the exterior faces of the exterior walls of the Structure, excluding the area used for off-street loading and areas used exclusively for parking, mechanical equipment, stairways, and crawl spaces with a vertical clearance of less than 1.8 metres. FOOD PROCESSING means the use of land, Building, or other Structures where food is processed or otherwise prepared for human consumption but is not directly retailed from, or consumed on the Parcel. HEIGHT with reference to a Building or Structure means the vertical distance measured from Average Grade to: 7 | P a g e - The highest point of a Structure with a flat roof or no roof; - The mid point between the eaves and the ridge on a Structure with a sloping roof. The Height of a Building or other Structure is determined based on the Average Grade directly adjacent to the Building or other Structure, as illustrated in Figure 1.2. HIGHWAY includes a street, road, Lane, bridge, viaduct, and any other way open to public use under the Transportation Act but does not include a private right of way on private property. HOME BUSINESS means a small-scale business that provides professional or Personal Services carried out within the Principal Dwelling Unit or an Accessory Building. Home Businesses must be Accessory to the use of the Principal Dwelling for Residential purposes and must be operated solely by residents of the Principal Dwelling. HOME INDUSTRY means a small-scale industry that provides trades related services carried out entirely within the Principal Dwelling or an Accessory Building or Structure. A Home Industry must be Accessory to the use of the Principal Dwelling for Residential purposes and must be operated solely by one (1) or more residents of the Principal Dwelling. HOTEL means a Building that provides rooms or suites for Temporary Accommodation where each room or suite is accessed by an enclosed common interior corridor. A Hotel may include an Office for administration, and it may contain assembly spaces, indoor recreation, a Restaurant (including Licensed Premises) as Accessory uses. HOUSEHOLD means one (1) or more persons living together or as a common unit sharing all spaces except bedrooms in a Dwelling Unit. INDUSTRIAL, HEAVY means - basic processing or manufacturing of materials or products predominantly from extracted or raw materials; - a use engaged in the storage or manufacturing of flammable or explosive material; - other manufacturing processes that potentially involve hazardous or commonly recognized offensive odours. Heavy Industrial parcels may contain an Office as an Accessory use. INDUSTRIAL, LIGHT means - the manufacturing of goods, products, and materials carried on predominantly inside a Building which may create minor noise, smoke, dust, or other emissions and may include on-site storage of raw materials for its production; - the repair of goods, products and materials that are produced on-site; - clean/green technology, sustainable and renewable energy industries which may create minor noise, smoke, dust, or other emissions. Light Industrial parcels may contain Office or employee facilities as Accessory uses. 8 | P a g e INSTITUTIONAL means the use of land, Building or other Structures that may include one (1) or more of the following uses: - elementary school; - secondary school; - preschool; - post secondary school; - Place of Worship; - Emergency Services; - Hospital/Health Services; - library; - visitor information center. KENNEL means the use of land, Buildings, or other Structures for keeping, breeding, or boarding of any combination of cats and dogs. LANDSCAPE SCREEN means a continuous fence with gates for pedestrian access, wall, compact evergreen hedge, berm, or combination thereof that visually screens the view of the land which it encloses and is broken only by access roads or pedestrian paths. LANE means a public thoroughfare that provides only a secondary means of access to a Parcel at the side or rear. LICENSED ESTABLISHMENT means a Building used for the sale of beverages, including alcoholic beverages, where those beverages are consumed on that Parcel, where a liquor primary licence is required pursuant to the Liquor Control and Licensing Act. LIVESTOCK means cattle, goats, horses, sheep, swine, game, and similar farmed animals. Livestock does not include poultry or any domestic animal that normally resides in the living area of a Dwelling Unit, such as a cat or dog. M ZONE means Industrial - M1. MANUFACTURED HOME means a Building built in an enclosed factory environment in one (1) or more sections, intended to be occupied as a Dwelling Unit in a place other than of its manufacture. MANUFACTURED HOME DEALER means the use of land, Building or other Structures for the sale or lease of new or used Manufactured Homes. MANUFACTURED HOME PARK means the use of a Parcel to accommodate one (1) or more Manufactured Homes that are occupied exclusively for Residential purposes. This use includes Accessory Buildings and Structures used or intended to be used as part of such Manufactured Home Park such as administrative, storage or maintenance Buildings. MINI STORAGE means a Building or group of Buildings containing lockers available for rent for the storage of consumer or Commercial goods, or vehicles. 9 | P a g e MOBILE VENDOR means a person who, either on their own account or as an agent, servant, or employee of another, sells or offers for sale goods, wares, merchandise or foodstuffs from a motor vehicle, bicycle, pushcart or other self-contained vehicle or trailer that is designed to be mobile when not serving customers. MOTEL means a Building that provides rooms or suites for Temporary Accommodation where each room or suite has individual exterior access. A Motel may include an Office for administration, and it may contain assembly spaces, indoor recreation, a Restaurant (including Licensed Premises) as Accessory uses. MOTOR VEHICLE DEALER means the use of land, Building or other Structures for the sale, rental, or lease of new or used motor vehicles, trailers, Camping Vehicles, boats, all terrain vehicles, snowmobiles, motorcycles, and may include one (1) or more of the following Accessory uses: - the service and repair of only those vehicles being sold, rented, or leased, provided that the service and repair of vehicles occurs inside of a Building; and - the retail sale of vehicle parts and accessories. This use does not include Manufactured Home Dealer or Service Station. MOTOR VEHICLE REPAIR means the use of land Building or other Structures for the servicing and mechanical repair of passenger vehicles, motorcycles, snowmobiles, boats, all-terrain vehicles, and other similar light recreational vehicles, including the installation, sale and storage of automobile parts and related accessories, and includes transmission shops, muffler shops, tire shops and auto glass shops. This use does not include Body Repair Shops. MOTOR VEHICLE RENTALS means the use of land, Building or other Structures for the rental or lease of new or used motor vehicles, trailers, Camping Vehicles, boats, all-terrain vehicles, snowmobiles, and motorcycles, and may include as an Accessory use, the service and repair of only those items being rented or leased provided that the service and repair of vehicles occurs inside of a Building. This use does not include a Service Station. MOTOR VEHICLE WASH means the use of land, Building or other Structures for the washing of motor vehicles, trailers, Camping Vehicles, boats, all-terrain vehicles, snowmobiles, motorcycles, and other equipment. NATURAL BOUNDARY means the visible high watermark of any lake, river, stream, Watercourse or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream, Watercourse or any other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself, and also includes the edge of dormant side channels of any lake, river, stream, Watercourse or other body of water, and marshes. OFFICE means the use of a Building or other Structures for one (1) or more of the following: - the performance of clerical and administrative tasks; - the transaction of business; and - the performing of consulting or other professional services. 10 | P a g e This use does not include the manufacturing of any goods, the provision of Financial or Personal Services, or the sales or storage of any product for sale, or vehicles used in a business (e.g. moving trucks). P ZONE means: - Civic and Institutional - P1; - Public Park and Recreation - P2. PANHANDLE PARCEL means any Parcel, the Building area of which is serviced or gains Highway frontage using a narrow strip of land that is part of the Parcel. PARCEL means an area of land which is designated under the Land Title Act as a separate and distinct Parcel on a legally recorded plan or description registered in the Land Title Office. A strata lot in a bare land strata plan, pursuant to the Strata Property Act is a Parcel. PARCEL LINE means a legal boundary of a Parcel as shown or described on the records of the Land Title Office. Where a legal boundary line breaks to accommodate a slight change in direction of less than 20 degrees, those sections of line joined by the break are considered to be the same Parcel Line. 11 | P a g e PARCEL LINE, EXTERIOR means the Parcel Line that is not a Front or Rear Parcel Line and that is common to the lot and an abutting Highway or access route in a bare land strata plan. PARCEL LINE, FRONT means the Parcel Line common to a Parcel and an abutting Highway other than a Lane and - where there is more than one (1) such line, the shortest such line shall be considered the Front Parcel Line; - where opposite parcel lines abut a Highway, the Front Parcel Line shall be that to which the majority of the Buildings on adjacent Parcel's face. The Front Parcel Line of a Panhandle Parcel shall be the Parcel Line closest to the Highway from which access is obtained but excludes the access strip; - where a Highway other than a Lane divides a Parcel into two (2) or more portions (hooked Parcel), both partitions abutting the Highway shall be considered Front Parcel Lines. PARCEL LINE, INTERIOR means a Parcel Line that is not a front, rear, or exterior Parcel Line. PARCEL LINE, REAR means the Parcel Line or Parcel Lines opposite to and most distant from the Front Parcel Line; or where the rear portion of the Parcel is bounded by intersecting Side Parcel Lines, it shall be the point of such intersection. PARCEL LINE, SIDE means the Parcel Line or Parcel Lines other than the Front or Rear Parcel Line. PARCEL COVERAGE means the percent of the Parcel size covered by Buildings or other Structures, including Accessory Buildings or other Structures but excluding parking areas, decks, patios, driveways, walkways, and similar impermeable surfaces. PARK means the use of land, Building or other Structures for uses such as: - non-Commercial passive or active recreation; - playgrounds and tot-lots; - walkways; - trails; - environmentally significant areas; - forest reserves; - wildlife sanctuaries; - greenbelts; - conservation areas; - buffers; and - nature and cultural interpretation areas. PERSONAL SERVICE means the use of a Building or other Structures for the provision of Personal Services other than an Office or Financial Services. This includes uses such as: barber shops, 12 | P a g e beauty shops, tailor shops, laundry or dry-cleaning shops, shoe repair shops, fitness studios, optometrists, dentists and medical Offices. PRINCIPAL BUILDING means any Building to accommodate a Principal Use. PRINCIPAL DWELLING means the primary Dwelling Unit of the Parcel. PRINCIPAL USE means the main purpose for which land, Building or other Structures is ordinarily used. RECREATION, COMMUNITY means the use of land, Building or other Structures for community gatherings or community events and recreation activities. This includes uses such as: - community halls; - theatres; - libraries; - baseball diamonds; - soccer fields; - horseshoe pits; - tennis courts; - swimming pools; - arenas and skating rinks; - climbing gym; and - skateboard Parks, pump track. This use does not include any Outdoor Recreation or Special Recreation Use. RECREATION, OUTDOOR means the use of land, Building or other Structures for recreational purposes where large land holdings are necessary. This includes uses such as: - golf course; - archery ranges; - fair grounds; - horse riding arenas; - rodeo grounds. This use does not include any Special Recreation Use. RECREATION, SPECIAL means the use of land, Building or other Structures for one (1) or more of the following: - recreational activities involving the use of motorized vehicles; - racetracks for motorized vehicles; - drive-in theatres; 13 | P a g e - gun ranges. RECREATIONAL VEHICLE STORAGE means the use of land, Building or other Structures for the temporary or seasonal storage of unoccupied, operational recreational vehicles such as boats, Camping Vehicles, all-terrain vehicles. This use does not include Wrecking and Salvage use. R ZONES means: - Low Density Residential - R1; - Multiple-Unit Residential - R2; - Manufactured Home Park - R3. RESIDENCE means a Dwelling Unit occupied by a full-time permanent occupant who intends to return when absent. RESIDENTIAL. means the use of a Building or part thereof as a Dwelling Unit or Dwelling Units. RESTAURANT means the use of land, Building or other Structures for the serving of food and beverages which are consumed by customers on or off the Parcel. This use may include a coffee shop or sit-down restaurant but not a drive-through restaurant. This use may include the sale of alcoholic beverages where a food primary licence is required pursuant to the Liquor Control and Licensing Act. This use does not include a Licensed Establishment. RETAIL STORE means the use of land, Building or other Structures for the retail sale of goods, wares, merchandise, substances, articles, or things. This use does not include a Motor Vehicle Dealer or Light or Heavy Equipment Repair and Sales. RETAIL STORE, CONVENIENCE means a Retail Store where the maximum Gross Floor Area dedicated to retail sales is 150 m2 (1,615 ft2). SERVICE STATION means the use of land, Building or other Structures for the sale of motor fuel, which may include electricity, gasoline, diesel, biodiesel, ethanol, natural gas, hydrogen, and propane. This use may include one (1) or more of the following Accessory uses: - the servicing, repair, and replacement of parts and fluids for vehicles; and - the sale of automotive accessories, convenience items and packaged foods. SETBACK means the horizontal distance separating a Building, Structure or use from a specified Parcel Line, Building or other feature. Figure 1.5 illustrates a front and side Setback from a Parcel Line where the Building has been constructed at the minimum Setback requirements. 14 | P a g e Figure 1.5 Setbacks SHIPPING CONTAINER is a large portable metal or steel unit that is intended for the transport of any combination of materials, products, or goods from one mode of transport to another without unloading and reloading the contents of the container, whether or not it is actually used for such a purpose. Shipping Container includes intermodal freight containers (ISO, shipping, cargo, and hi-cube containers, Conex boxes, and sea cans), but does not include garbage bins/dumpsters and recycling bins/receptacles. SHORT-TERM RENTAL ACCOMMODATION means a Dwelling Unit, Cabin, Room or Suite (Attached or Detached) used that provides Temporary Accommodation to the travelling public. STRUCTURE means any construction or erection of any kind, of any material, which is fixed to, supported by, or sunk into land or water and includes: - a Building; - tent; - awning; - Shipping Container; - tower; - arbour; - trellis; 15 | P a g e - gazebo; - swimming pool; and - dock. For the purposes of this Bylaw, the following shall not be Structures: - a fence; - retaining wall; - open air surface areas at Grade such as paving or other surfacing materials; - walkways; and - curbs. SUITE, ATTACHED means a self-contained Dwelling Unit located within a Single Detached Dwelling, which has one (1) or more habitable rooms used or intended for use as a Residence by one (1) or more persons living as a Household, or as Short-term Rental Accommodation. An Attached Suite has sleeping, cooking, and bathing facilities which are separate from the facilities of the Principal Dwelling in which the Attached Suite is located. Attached Suites must contain a separate private entrance, which is enclosed from the rest of the principal Single Detached Dwelling. Attached Suites are most commonly in the form of a "basement suite." SUITE, DETACHED means a self-contained Dwelling Unit located in a Building completely separate from the principal Single Detached Dwelling, which has one (1) or more habitable rooms used or intended for use as a Residence by one (1) or more persons living as a Household, or as Short-Term Rental Accommodation. A Detached Suite has sleeping, cooking, and bathing facilities that are separate from the facilities of the Principal Dwelling located on the same Parcel and may be contained within a separate Building on the same Parcel as a Single Detached Dwelling (garden suite) or as part of a detached garage (garage suite). A Detached Suite is regulated as an Accessory Building. TEMPORARY ACCOMMODATION means overnight use with a total length of stay per person of not more than thirty-one (31) consecutive days. TRANSPORTATION TERMINAL means the use of land, Building or other Structures for a break- of-bulk or assembly point for commodities that enter or leave a Parcel by rail, common carrier trucking lines or freight forwarders, and may include one (1) or more of the following Accessory uses: - warehousing and storage; - repair of related vehicles and equipment; and - storage of Shipping Containers, trailers, and rail cars. UTILITY means the infrastructure and land, Building, or other Structures providing sewage disposal, water electricity, natural gas, solid Waste Disposal, telecommunications, and other services to the public, and may include one (1) or more of the following: - bus stops; - communication Structures; 16 | P a g e - cooling plants; - district heating plants; - electrical substation or generation stations; - incinerators; - liquid natural gas pipeline compressor station; - navigational aid; - power generating stations; - power terminal and distributing stations; - pump houses; - receiving or broadcasting antenna; - renewable energy production; - sewage lagoons; - sewage treatment plants; - sludge disposal beds; - solid waste transfer; - stormwater retention ponds; - telecommunication relay station; - water towers, reservoirs, or tanks; and - water treatment plants. This use does not include Waste Disposal. VETERINARY CLINIC means the use of a Building or other Structures for the medical, surgical, dental, diagnostic, and therapeutic treatment of non-human animals and the overnight stay of animals receiving treatment. WAREHOUSING means the use of land, Building or other Structures for the storage and distribution of goods, wares, merchandise, substances, articles, or other things, including the storage of goods in separately occupied, secured storage areas and lockers. This use does not include storage of goods for retail sales, Wrecking and Salvage or a Waste Disposal Site. WASTE DISPOSAL means the use of land, Building or other Structures for the collection, storage, baling, packaging, processing, treatment, transfer, and disposal of solid waste. This use includes one (1) or more of the following: - a recycling facility; - sanitary landfills; - solid waste transfer and compacting stations. WATERCOURSE means any natural or human-made depression with well-defined banks and a bed 0.6 metres or more below the surrounding land serving to give direction to, or acting as a 17 | P a g e retention area for, a current of water that flows at least six (6) months of the year or drains an area of two (2) square kilometres or more upstream of the point of consideration. WATER FRONTAGE means the length of any Parcel Line adjacent to the Natural Boundary of a lake or Watercourse. WRECKING AND SALVAGE means the use of land, Building or other Structures for the collection, demolition, dismantling, storage, salvage, recycling, reclamation, reuse, remanufacture or sale of waste materials, including one (1) or more of the following: - scrap metal; - Derelict Vehicles; - unlicensed vehicles; - vehicle parts; - tires; - Building materials; - machinery; - appliances; - worn out, used or discarded materials. YARD means the area between a Parcel Line and the Principal Building and: YARD, FRONT means that part of the Parcel lying between the Front Parcel Line and the front of the Principal Building and extending across the full width of the Parcel. YARD, REAR means that part of the Parcel lying between the Rear Parcel Line and the rear of the Principal Building and extending across the full width of the Parcel. YARD, EXTERIOR SIDE means that portion of a Parcel extending from the Front Yard to the Rear Yard and lying between the Exterior Side Parcel Line adjacent to the flanking street and the closest side of the Principal Building. YARD, INTERIOR SIDE means that part of the Parcel extending from the Front Yard to the Rear Yard and lying between the Interior Side Parcel Line abutting another Parcel and the closest side of the Principal Building. 18 | P a g e 2 ADMINISTRATION AND ENFORCEMENT 2.1 Administration .1 The Village of Telkwa's Chief Administrative Officer, Bylaw Enforcement Officer, or designates are authorized to ascertain whether this Bylaw is being observed. .2 Authorized persons may enter any land, Building or other Structures at any reasonable time for the purpose of ascertaining whether this Bylaw is being observed. 2.2 Application .1 This Bylaw applies to all land, Buildings and Structures, including the surface of water, within the boundaries of the Village of Telkwa as defined in the Letters Patent and its amendments. 2.3 Compliance with Other Bylaws and Legislation .1 Nothing contained in this Bylaw shall relieve any person from their responsibility for ascertaining and complying with the requirements of this Bylaw and all other applicable municipal bylaws or Provincial and Federal enactments. 2.4 General Compliance and Prohibitions .1 No land, Building or other Structures may be used, occupied, developed, constructed, erected, altered, modified, replaced, located, enlarged, maintained, or left with no use except in strict conformity with this Bylaw. .2 In each zone, no land, Building or other Structures may be used, occupied, developed, constructed, erected, altered, modified, replaced, located, enlarged, or maintained for a use that is not specifically listed in that zone, unless that use is permitted in all zones per section 3.2.3. .3 In each zone, no land, Building or other Structures may be used, occupied, developed, constructed, erected, altered, modified, replaced, located, enlarged, or maintained except in conformity with the provisions and regulations in that zone, and the General Provisions. .4 No subdivision may be approved except in conformity with this Bylaw, or so as to cause any existing Building or other Structure to violate the provisions of this Bylaw. 2.5 Violation .1 Every person who: .1 Violates any provision of this Bylaw; .2 Causes or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw; .3 Neglects or omits to do anything required under this Bylaw; .4 Carries out, causes, or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this Bylaw; .5 Fails to comply with an order, direction or notice given under this Bylaw; and 19 | P a g e .6 Prevents or obstructs or attempts to prevent or obstruct the authorized entry of an officer onto property; commits an offence and shall be liable upon summary conviction of a fine of not more than $50,000 and imprisonment for not more than six (6) months. 2.6 Offences and Penalties .1 This Bylaw may be enforced by means of a ticket in the form prescribed for the purpose of section 264 of the Community Charter and the Village of Telkwa Fees and Charges Bylaw. .2 If an offence continues for more than one (1) calendar day, separate offences are deemed to occur each day and separate fines may be issued for each calendar day in respect of which the offence occurs or continues. .3 Nothing in this Bylaw limits the Village from utilizing any other remedy that is otherwise available to the Village at law in respect to the enforcement of this Bylaw. .4 The individuals appointed to the job positions or titles identified in Schedule A of Municipal Ticketing Bylaw are designated as Bylaw Enforcement Officers for the purposes of issuing tickets for offences against this Bylaw. .5 Without limiting sections 2.5 and 2.6.1 through 2.6.4 of this Bylaw, every person who contravenes, violates or fails to comply with any provision of this bylaw, or who suffers or permits any act or thing to be done in contravention or violation of this bylaw, or who fails or neglects to do anything required by this bylaw is subject to any other penalty or order imposed or remedies available to the Village pursuant to the Local Government Act, Community Charter, Local Government Bylaw Notice Enforcement Act and the Offence Act and regulations thereunder, each as amended from time to time, and any other remedy that is otherwise available to the Village at law. Each day during which a violation, contravention or breach of this bylaw continues is deemed to be a separate offence. 2.7 Severability .1 If any section, subsection, paragraph, subparagraph, or clause of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of this Bylaw. 2.8 Units of Measure .1 Metric units are used for all measurements in this Bylaw. .2 Information in parenthesis, such as zone short titles, following a definition are provided for convenience only and are not operative. 2.9 Conformity .1 Land, including the surface of water, must not be subdivided, or used and Buildings and Structures must not be occupied, developed, constructed, erected, altered, modified, replaced, located, enlarged, or maintained except as specifically permitted in this Bylaw. .2 Existing non-conforming uses, Buildings and other Structures are subject to provisions of the Local Government Act. 20 | P a g e 3 GENERAL PROVISIONS 3.1 Applicability of General Regulations .1 The provisions in Section 3 apply to land, Buildings and other Structures in all zones established under this Bylaw. 3.2 Permitted and Prohibited Uses .1 No land, Building or other Structure may be used for a use that is not specifically listed under the heading "Principal Uses" or "Accessory Uses" in the zone that the land, Building, or other Structure is located, and no Building or other Structure may be placed, constructed, sunk into, erected, moved, sited, altered or enlarged for any use other than a specifically permitted use in that zone. Furthermore, .1 A use listed under "Accessory Uses" is only permitted if a use under "Principal Uses" is lawfully established and ongoing. .2 A use is only permitted if lawfully established and ongoing in accordance with such further general regulations applicable to the use, as identified throughout this Bylaw, some of which may be varied in accordance with Local Government Act authority of the Board of Variance, or Council via development variance permit or variance within a development permit, as applicable. .2 Any use not expressly permitted in this Bylaw is prohibited in every zone and where a particular use is expressly permitted in one zone, such use is prohibited in every zone where it is not also expressly permitted. .3 Except where specifically excluded, the following uses, Buildings and other Structures are permitted in every zone: .1 Accessory uses to a Principal permitted use, Building or Structure on the same Parcel; .2 Accessory Buildings to a Principal permitted use, Building or other Structure on the same Parcel; .3 Agriculture, and non-farm uses that cannot be prohibited by the Village, on all lands within the Agricultural Land Reserve; .4 Telephone exchange Buildings; .5 Pipelines, telecommunication towers and wires, traffic control devices, electrical substations, and clock towers; .6 Water supply facilities including reservoirs, treatment plants, pumping stations, intake Structures and supply lines; .7 Sewage treatment and collection facilities including treatment plants and sewage pumping stations; .8 Parks, open space, community gardens, playgrounds and playing fields, hiking and bicycling paths and ecological reserves; .9 Transportation rights of way established by a government or Crown corporation; and 21 | P a g e .10 Public Utility facilities for the transmission of water, sewage, electrical power, telephone, natural gas, cable television, fibre optic and other similar services .4 Where a zone includes a "Minimum Parcel Size" or "Minimum Parcel Width", then a Parcel that does not satisfy all minimum requirements for the regulated use may not be used for that use, unless the Parcel was created prior to the adoption of this Bylaw and no other permitted use is available for the Parcel. .5 Without limiting section 3.2.2: .1 the following uses are prohibited in every zone: 1. The disposal or storage of hazardous or toxic waste; 2. The occupancy of any trailer, recreational vehicle, camper, tent, or other vehicle as a Residence, irrespective of whether connected to services or made stationary or otherwise; 3. Shipping Containers, except as an Accessory storage unit in accordance with Section 3.21; 4. Bulk water sales. .2 the following uses are prohibited in the R, C1 and C3 Zones: 1. the parking or storage of Derelict Vehicles; 2. Wrecking and Salvage use, or junk yard. 3.3 Agricultural Land Reserve .1 All lands designated as "Agricultural Land Reserve" pursuant to the Agricultural Land Commission Act are subject to the provisions of the Agricultural Land Commission Act, and all applicable conditions, orders, and regulations. .2 This Bylaw does not prohibit farm uses and non-farm uses that cannot be prohibited under provincial law. For ALR Lands, any non-farm uses that are listed as permitted uses in this bylaw but are subject to approval from the Agricultural Land Commission remain subject to that approval. 3.4 Height Exceptions .1 The maximum Height regulations of this Bylaw do not apply to the following, provided that no such Structure covers more than 20% of the Parcel, or if located on a Principal Building, not more than 15% of the roof area of the Principal Building: .1 chimney, smokestacks; .2 church spires; .3 cranes; .4 domes or cupolas; .5 elevator housings; .6 flagpoles; .7 floodlights; 22 | P a g e .8 hose and fire alarm towers; .9 HVAC units; .10 masts and aerials; .11 roof stairway entrances; .12 silos; .13 skylights; .14 telecommunications towers; .15 transmission towers; .16 Utility poles; .17 warning devices; and .18 water towers. .2 In all R Zones, the roofline of the attached carport may not exceed the maximum Height of the rest of the Principal Building. 3.5 Density Regulations .1 Where a zone includes a "Density" regulation, that regulation shall be interpreted as a maximum and: .1 if an absolute number of Buildings or units figure is identified, no Parcel may be subdivided and no Parcel may be developed with more than the number of Buildings or units identified for the zone in which the Parcel is located; .2 if a units/hectare figure is identified, no Parcel may be subdivided, and no Parcel may be developed with more than the number of units per hectare as determined by applying the figure for the zone in which the Parcel is located to the area of the Parcel; .3 if a square metre (m2) figure is identified, no Building or other Structure may be developed with more than the permissible area noted for the Zone in which the Parcel is located. .2 For certainty, where more than one (1) of the above density regulations apply to any particular Parcel, the most restrictive governs but all remain applicable. 3.6 Number, Size and Dimensions of Uses, Buildings and Other Structures. .1 Where a Zone includes a regulation entitled "Maximum Parcel Coverage", the Parcel Coverage of all Buildings and other Structures on the Parcel must not exceed the percentage specified for the Zone in which the Parcel is located. .2 Where a Zone includes a regulation entitled "Maximum Height", no Building or other Structure may be placed, constructed, sunk into, erected, moved, sited, altered or enlarged in a manner that exceeds the Height specified for the Zone in which the Building or other Structure is located. For certainty, maximum Height in a Zone may vary according to the use of the Building or other Structure, as specified in the Zone. 23 | P a g e 3.7 Parcel Size and Width and Irregularly Shaped Parcels .1 A Parcel registered in the Land Title Office before the original adoption date of this Bylaw that does not adhere to the Parcel size and width requirements of this Bylaw is deemed to be an existing non-conforming Parcel on which the permitted uses for the subject zone under this Bylaw shall be permitted. 2. Except as permitted in the regulations below, no Parcel will be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise, contrary to the provisions and regulations of this Bylaw. However: .1 The minimum Parcel size required by this Bylaw may be reduced by a maximum of ten percent (10%) if part of the proposed Parcel is required for the purpose of widening an existing Highway or right of way. .2 The minimum Parcel size required by this Bylaw may be reduced by a maximum of ten percent (10%) under all the following conditions: 1. The minimum Parcel width set out in this Bylaw, or set by the Approving Officer, is attained; 2. The minimum Parcel size needs to be reduced in order to allow the length of the Parcel to be reduced; and 3. The reduction in minimum Parcel size (and resulting reduction in required length) is required in order to allow a subdivision to fit within an extension of the standard grid of streets, avenues, and Lanes in the Village of Telkwa. .3 Parcel Size requirements do not apply to Public Utility facilities for the transmission of water, sewage, electrical power, telephone, natural gas, cable television, fibre optic and other similar services. .4 Where a Parcel is a Panhandle Parcel, the access strip or Panhandle shall not be included as part of the minimum Parcel size calculation 3. Notwithstanding other provisions of this Bylaw and excluding Panhandle Parcels, irregular or asymmetrical Parcels shall have a Parcel frontage of not less than 8.0 m provided that the average Parcel width complies with the required minimum Parcel width of the applicable zone. 4. In all zones, the minimum Parcel width is 11.0 m for Parcels fronting on a cul-de-sac bulb. The width of a Parcel is measured along the arc of the Front Parcel Line on the bulb at the end of a cul-de-sac street. 3.8 Setbacks, Siting and Location of Buildings and Other Structures .1 No Principal Building shall be located in any required Front, Side, or Rear Setbacks. .2 Where more than one Setback applies to the same use, Building or other Structure, the larger or more restrictive Setback applies. .3 All Principal and Accessory Buildings shall be sited in accordance with the standards provided within each zone and in Section 3. .4 Minimum Setbacks, sight triangles and other criteria must be in compliance with applicable sections of the Transportation Act, SBC 2004, c44, and associated regulations. 24 | P a g e .5 No part of any Building or Structure shall project into a required Front, Side or Rear Setback required by this Bylaw, except for the following: .1 Steps and landings complete with handrails, fireplaces, balconies, and awnings provided that such projections do not exceed 1.8 m and are not closer than 1.5 m to the Parcel Line; .2 A covered porch addition projecting no more than 2.4 m in width and 1.2 m in depth; .3 Wheelchair ramps may project without any limit; .4 Eaves, gutters, cornices, sills, belt courses, bay windows, dormers, chimneys, or other similar features may project no more than: .1 1.0 m into a Side Setback where the minimum Side Setback is 3.0 m. .2 1.0 m into a Front Setback or Rear Setback. .5 An uncovered patio, sundeck, or terrace in a Side or Rear Setback, subject to the fence Height limitations as specified in this Bylaw, that is not closer than 1.5 m to the Parcel Line; .6 Arbors and trellises, fishponds, ornaments, flag poles or similar landscape features; .7 A swimming pool, provided that such pool will not be constructed within the required Front Yard, or nearer than 3.0 m to any exterior or interior Side or rear Parcel Line, nor nearer than 3.0 m to any Principal Building, and provided that any Structure over a pool will be constructed so that the roof or ridge of such Structure will not be in excess of 4.0 m above Average Grade level; .8 Service Station pumps or pump islands in a required Front Setback or Side Setbacks, subject to other regulations of this Bylaw; and .9 Underground Structures may be sited in any portion of a Parcel provided that the top surface of such Structure at no point extends above the average finished ground level and provided that the installation of the underground Structure does not require the use of or impact of adjacent property. 3.9 Interior Side Parcel Line Setback Exception .1 The interior Side Parcel Line Setback requirements of this Bylaw do not apply to strata Parcels where there is a wall shared by two (2) or more Dwellings. 3.10 Accessory Buildings and Structures .1 No Accessory Building or other Structure shall be erected on any Parcel unless the Principal Building to which the Accessory Building or other Structure is an incidental use has been, or is, erected simultaneously with said Building. .2 Manufactured Homes are not permitted as an Accessory Building in any zone. .3 Accessory Buildings or other Structures are not permitted in the Front Yard in any zone. .4 Not more than 30% of the area of any Parcel in an R Zone shall be occupied by Accessory Buildings. .5 Accessory Buildings and other Structures with a maximum Height of 3.0 m or less shall be located at least 2.0 m away from any Principal Building and 2.0 m away from any Parcel Line, except for corner Parcels. 25 | P a g e .6 Accessory Buildings and other Structures with a maximum Height of greater than 3.0 m shall be located at least 3.5 m away from any Principal Building and 3.5 m away from any Parcel Line, except for corner Parcels. .7 On corner Parcels, Accessory Building and Structure Setbacks from the exterior Side Parcel Line shall be equal to the Front Parcel Line Setback of the Principal Building. .8 The maximum Height of an Accessory Building or Structure is 7.6 m. 3.11 Accessory Dwelling Units .1 An Accessory Dwelling Unit is only permitted in conjunction with a permitted Principal Commercial, Industrial or Institutional use. .2 A maximum of one (1) Accessory Dwelling Unit is permitted per Parcel. .3 Accessory Dwelling Units must be fully separated from the associated Principal Use by walls, partitions and floors or located in a separate Accessory Building. .4 Accessory Dwelling Unit maximum Gross Floor Area is 90 m2. .5 If located within a Principal Building, an Accessory Dwelling Unit must: .1 Have an entrance from the exterior of a Building which is separate from the main entrance of the Principal Use; .2 Share common Utility connections with the Principal Building; and .3 Must not exceed 50% of the Principal Building's Gross Floor Area, or 90 m2, whichever is less. .6 Accessory Dwelling Units may only be occupied by owners, employees, or operators of the associated Principal Use. .7 Off street parking shall be provided in accordance with Section 16. 3.12 Suites .1 Only two (2) suites are permitted per Parcel in those R Zones where suites are allowed. .2 Suites are an Accessory use to a Single Detached Dwelling and are only permitted on Parcels containing a Single Detached Dwelling used as a full-time permanent Residence. .3 The day-to-day or week-to-week occupancy of Suites is prohibited. Suites may only be rented for periods longer than one (1) month in duration except as outlined in section 3.14. .4 Any use of a Suite for Short-Term Rental Accommodation will require a Business Permit to be issued by the Village of Telkwa. .5 Off-street parking shall be provided in accordance with Section 16. .6 All Suites must meet the BC Building Code requirements and pass inspection from the Village's Building Inspector. .7 A Suite shall not alter the character of the principal Single Detached Dwelling. .8 A Suite is not subject to subdivision under the provisions of either the Land Title Act or the Strata Property Act, including building strata, because the Suite is an Accessory use only and cannot satisfy the land use, density and other zoning regulations, nor the Parcel size and 26 | P a g e other subdivision regulations, nor the provisions for singular control by the owner of the principal Single Detached Dwelling, if separated from the Principal Dwelling Unit. .9 In addition to all of the above, all Attached Suites must adhere to the following regulations: .1 Be a minimum of 30 m² in size and collectively not exceed a Gross Floor Area of 90 m² or 40% of the Gross Floor Area of the Principal Dwelling; and .2 Contain a separate private entrance from the primary entrance(s) of the Principal Dwelling. .10 In addition to all of the above, all Detached Suites must adhere to the following regulations: .1 Be connected to the water and sanitary sewer service of the Principal Dwelling; .2 Shall not exceed a Gross Floor Area of 90 m²; .3 Shall not exceed a Height of 7.6 m; .4 Shall be located in the Rear Yard, with the exception of a Suite on the second storey above an existing detached garage that has no portion of the garage in the Front Yard of the Parcel; .5 Shall be set back a minimum of 4.5 m from the rear of the Principal Dwelling, except Detached Suites on top of an existing detached garage; .6 Shall adhere to the Setback requirements for Accessory Buildings; .7 Shall not be in a Building that has a basement; and .8 Service cables including electrical, telephone and television must be buried underground. 3.13 Bed and Breakfasts .1 Bed and Breakfasts must not be operated except within a Single Detached Dwelling or half of a side-by-side Duplex in a zone that identifies Bed and Breakfast as a permitted use. .2 The owner and operator of the Bed and Breakfast shall permanently reside in the Building in which the Bed and Breakfast guests are accommodated. .3 The maximum number of guest bedrooms is three (3), accommodating no more than six (6) Bed and Breakfast guests at any one time. .4 There shall be no external display or advertisement other than a sign not exceeding 0.25 m2 in area. .5 All Bed and Breakfasts must hold a valid Business Licence from the Village of Telkwa. .6 Bed and Breakfast accommodation shall not be provided for periods of more than thirty-one (31) consecutive days per person. .7 Off street parking shall be provided in accordance with Section 16. 3.14 Short-Term Rental Accommodation .1 All operators of Short-Term Rental Accommodations must hold a valid Business Licence from the Village of Telkwa. 27 | P a g e .2 A Short-Term Rental Accommodation must be operated by someone who uses the property as their Principal Residence. .3 A Short-Term Rental Accommodation must be Accessory to the use of the Dwelling for Residential purposes. .4 The maximum number of bedrooms available for Short-Term Rental Accommodation, on a Residential property shall be three (3). .5 A Short-Term Rental Accommodation will not result in any exterior alterations to a Principal or Accessory Building that are not consistent with the character of adjacent Residential Buildings and property. .6 Off-street parking shall be provided in accordance with Section 16. 3.15 Home Businesses .1 All Home Businesses must hold a valid Business Licence from the Village of Telkwa. .2 A Home Business must not produce any offensive noise, vibration, traffic, smoke, dust, odour, glare, heat, or electrical interference. .3 A Home Business will be carried out wholly within a Dwelling Unit, Accessory Building, or a combination of these to the satisfaction of the Village of Telkwa, and will involve no external storage of materials, containers, or finished products. .4 A Home Business will not result in any exterior alterations to a Principal or Accessory Buildings that are not consistent with the character of adjacent Residential Buildings and property. .5 A Home Business is not permitted to use or store materials or processes that produce flammable explosive vapours or gases. .6 A Home Business that requires delivery of materials or commodities in bulk quantity to and from the Residence by Commercial vehicles or trailers is not permitted. .7 Home Business activities are not permitted between the hours of 10:00 pm and 8:00 am. .8 Frequency of visits from business visitors or customers of a Home Business will not exceed that normally occurring for a Residence, including not more than ten (10) visitors or customers a day. .9 Off street parking shall be provided in accordance with Section 16. Not more than one (1) Commercial vehicle used for Home Business use shall be allowed to be parked or stored on the unless they are completely enclosed within a Building. .10 Home Business excludes retail Cannabis sales. Only the following activities and similar type activities are permitted as Home Businesses: .1 Home sales (i.e., mail order sales, etc.); .2 Artist studio for the production of arts, crafts, videography, and photography arts, but not including an audio recording studio; .3 Teacher or tutor, including a music, dance, or academics teacher; .4 Business and professional Offices other than a medical, dental or chiropractic Office or veterinary practitioner; .5 Dressmaker, tailor, or seamstress; 28 | P a g e .6 Computer and handheld device repair; .7 Barber, beautician, dietician, hair salon, massage therapist or reflexologist; .8 Catering; .9 Pet grooming; and .10 Day Care or pre-school for not more than eight (8) children 3.16 Home Industries .1 All Home Industries must hold a valid Business Licence from the Village of Telkwa. .2 A Home Industry is not permitted to use or store materials or processes that produce flammable explosive vapours or gases. .3 A Home Industry that requires delivery of materials or commodities in bulk quantity to and from the Residence by Commercial vehicles or trailers is not permitted. .4 Home Industry activities are prohibited between the hours of 10:00 pm and 8:00 am. .5 Business visitors or customers of a Home Industry will not exceed that normally occurring for a Residence, including not more than ten (10) visitors or customers a day. .6 Home Industries are only permitted on R1 zone Parcels greater than 0.25 ha. .7 Off street parking shall be provided in accordance with Section 16. A Home Industry must provide and not generate the need for more than two (2) additional parking spaces. .8 Only the following activities and similar type activities are permitted as Home Industries: .1 Welding shop; .2 Carpentry shop; .3 Repair of small-scale appliances, mechanical equipment, and electronic instruments; .4 Metal working shop; and .5 Small scale automotive repair, in no case exceeding more than three (3) vehicles for repair on the property at any given time. 3.17 Manufactured Homes .1 Every Manufactured Home within the Village of Telkwa must be placed on a permanent foundation. .2 Manufactured Homes must meet CSA Z240 standard for mobile homes or CSA A277 standard for modular homes. .3 All newly placed Manufactured Homes must be at least 4.0 m in width in a R3 zone and 8.0 m in width in all other zones where permitted, except when a pre-existing Manufactured Home with a width less than 8 metres is being replaced with a new Manufactured Home that also has a width less than 8 metres. .4 Manufactured Home use conditions also include: .1 Skirtings must be installed within sixty days (60) from the date which the Manufactured Home is placed on the foundation. 29 | P a g e .2 The towing hitch and wheels must be removed within thirty days (30) from the date that the Manufactured Home is placed on the foundation; and .3 Travel trailers and recreational vehicles are not permitted as Manufactured Homes. 3.18 Vision Clearance at Intersections .1 As illustrated in Figure 3.1, on a corner Parcel within the shaded space formed by measuring 6.0 m along the curb lines of the two (2) streets and joining these points on the diagonal, no landscaping, screening, fence, hedge, wall, retaining wall, Building or other Structure will be planted or erected to a Height greater than 0.5 m above the established ground level of the street. Figure 3.1: Illustration of Sight Triangle 3.19 Hen Keeping .1 The keeping of hens must be Accessory to the use of the Dwelling for Residential purposes and must be kept by a resident of the Parcel. .2 The number of hens allowed is as described in the Village of Telkwa Animal Control Bylaw. .3 A hen enclosure must only use a pen and a coop in accordance with the following: .1 The maximum size of a coop is 6.0 m² in Gross Floor Area and 2.0 m in Height; .2 The coop and the pen must be placed at least 2.5 m from the exterior Side Parcel Line, the interior Side Parcel Line, and the rear Parcel Line; .3 The coop and the pen must be located in a Rear Yard of the Parcel and the Dwelling Unit must be between the hen enclosure and the Front Parcel Line; and 30 | P a g e .4 The coop and the pen must be in a Rear Yard that is fully fenced in as to not allow predators to enter the Yard or allow the hens to leave the Yard. .4 Food for hens must be stored in an airtight container that cannot be accessed by other wildlife if stored outside. 3.20 Beekeeping .1 The keeping of bees must be Accessory to the use of the Dwelling for Residential purposes and must be kept by a resident of the Parcel, who must: .1 Provide adequate water to prevent the bees from seeking water from other sources, such as neighbourhood swimming pools, birdbaths, ponds, or other bodies of water; .2 Take all reasonable measures to prevent swarming and aggressive behaviour by the bees; and .3 If the bees swarm or show signs of aggressive behaviour, ensure that the bees are re- queened. .2 No more than two (2) colonies of bees are permitted on a Parcel having an area less than 1,100 m². .3 No more than one (1) colony of bees are permitted on a Parcel having an area of less than 600 m². .4 A beehive is not permitted within 3.0 m of any Parcel Line. .5 A beehive must be located in the Rear Yard of a Parcel. .6 The Rear Yard of a Parcel must be fully enclosed by a fence to prevent wildlife intrusion. 3.21 Shipping Containers .1 Shipping Containers are only permitted as storage units, Accessory to a Principal Building, and only under the following conditions: .1 Shipping Containers must not be used as workspaces, assembly shops, Dwelling Units, or any other form of accommodation, including Offices, under any circumstances; .2 Shipping Containers require the issuance of a Building Permit by the Village of Telkwa prior to installation regardless of size; .3 Shipping Containers must meet the minimum Setback and Parcel coverage requirements for Accessory Buildings for the Zone in which they are located; .4 Shipping Containers must not occupy any required off-street parking spaces; .5 Shipping Containers must not occupy any areas that are required for open space or landscaping; .6 Shipping Containers must not be located on any street, sidewalk, or trail, or in any location that blocks or interferes with vehicular and pedestrian circulation; .7 Shipping Containers must be located in accordance with all applicable Building and fire code regulations for the purpose of ensuring safe ingress and egress to Dwellings, access to Utility shut-off valves, and for fire protection; .8 Screening for Shipping Containers must be provided in accordance with Section 16. 31 | P a g e .9 Shipping Containers must be free of logos and clad or painted in a manner that is consistent with the Principal Building; .10 Shipping Containers must not exceed a Height of 2.6 m and must not be stacked; .11 Multiple Shipping Containers may be located on a single Parcel, but they must not exceed a cumulative Gross Floor Area of 30 m2; .12 In all R zones, individual Shipping Containers must not exceed a Gross Floor Area of 15 m2; .13 Shipping Containers must be placed on a concrete pad or other hard surface acceptable to the Building Inspector; and .14 Shipping Containers must meet fire safety guidelines for Intermodal Shipping Container Fire Safety as outlined by the Fire Chief's Association of BC. .2 A Shipping Container may also be used on a short-term basis in these circumstances: .1 During construction provided that a valid building permit has been issued authorizing construction of a Building or other Structure. The Shipping Container must be removed upon completion of the construction, and for this purpose construction is deemed to be complete on the earlier of the date on which an occupancy permit for the construction is issued, or the Building or other Structure is used or occupied; and .2 For a period not exceeding thirty (30) days for the purpose of loading or unloading goods related to a relocation of a Residential or Commercial use. 3.22 Temporary Use Permits .1 In accordance with section 492 of the Local Government Act, temporary uses may, on issuance of a Temporary Use Permit, be allowed in the following designated areas: .1 The Woodland Park, Cottonwood Flats and Tower Street neighbourhoods for the following Commercial uses, whether standalone or mixed with other uses: .1 Convenience Retail Store; .2 Restaurant, in the form of a café or neighbourhood pub; .3 Office; .4 Personal Services. .2 For all other areas within the jurisdictional boundaries of the Village of Telkwa, all uses not permitted by the zone for the applicable property and not expressly prohibited under sections 3.2.5. .2 Council may determine conditions in accordance with legislative authority, and without limiting the generality of the foregoing, may: .1 impose additional regulations on Buildings and other Structures; .2 require additional landscaping to mitigate the effects of the temporary use or increase the aesthetics; .3 require undertakings in relation to the conditions of the land, Building and other Structures during and following termination of the temporary use permit; 32 | P a g e .4 require security, in an amount to be determined at its sole discretion. 3.23 Residential Rental Tenure .1 In accordance with section 481.1 of the Local Government Act, all zones which permit six (6) or more Dwelling Units per Parcel or Building, are limited in their form of tenure as follows: .1 One unit per 6 (Six) Dwelling Units must be Residential rental tenure; .2 Where a calculation in this section results in a fraction, no unit is required for that fraction. 33 | P a g e 4 ESTABLISHMENT OF ZONES 4.1 Establishment of Zones .1 The area within the boundaries of the Village of Telkwa shall be divided into the zones identified in Column 1 and described in Column 2 of Table 4.1. The name of each zone provided for in this Bylaw is set out in Column 2 of Table 4.1, and the inclusion of the title elaboration contained in Column 1 of Table 4.1 is for convenience only. Table 4.1: Zones Column 1 Column 2 Low Density Residential R1 Multiple Unit Residential R2 Manufactured Home Park R3 Downtown Commercial C1 Service Commercial C2 Neighbourhood Commercial C3 Industrial M1 Civic and Institutional P1 Public Park and Recreation P2 Future Development FD 4.2 Location of Zones .1 The extent of each zone is shown on the Schedule B Zoning Map. 4.3 Zone Boundaries .1 The zone boundaries on the Zoning Map shall be interpreted as follows: .1 If a zone boundary is shown as following a Highway right of way, the center line of that Highway right of way shall be considered the zone boundary. In cases where the Highway, or a portion of it, is consolidated with abutting land, it shall be construed to have the same zoning as that abutting land. .2 If a zone boundary is shown as following the edge of a body of water or a Watercourse, the Natural Boundary of the body of water or Watercourse is to be considered the zone boundary and shall be construed to move along with the Natural Boundary in the case of change resulting from natural erosion or accretion of land, as reflected in the Land Title Office records. 34 | P a g e .3 Where a zone boundary does not follow a legally defined line and where the distances are not specifically indicated, the location of the boundary shall be determined by scaling from the zoning maps referred to in Schedule B. .2 Where a Parcel is located in more than one zone, the provisions of this Bylaw shall apply as if the zone boundary was the Parcel Line, except that: .1 In the case of subdivision, a Parcel(s) to be created must meet the minimum Parcel size requirement for the zone in which it is located; .2 The number of Dwelling Units permitted on a Parcel must not exceed the maximum number of Dwelling Units permitted in any zone that applies to that Parcel; and .3 The Setback from Parcel Lines identified in the zones does not apply to the zone boundary that split zones the Parcel. 35 | P a g e 5 LOW DENSITY RESIDENTIAL - R1 5.1 Zone Intent The intent of this zone is to provide Parcels for low density Residential development in one (1) and two (2) Principal Dwellings plus Suites. 5.2 Permitted Uses .1 Principal Uses .1 Dwelling, Duplex .2 Dwelling, Single Detached .2 Accessory Uses .1 Accessory Buildings and Structures .2 Bed and Breakfast .3 Beekeeping .4 Day Care .5 Hen Keeping .6 Home Business .7 Home Industry .8 Short-Term Rental Accommodation .9 Suite, Attached .10 Suite, Detached 5.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width 400 m2 when connected to both a Community Water System and a Community Wastewater System 15.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density: 1 Principal Building per Parcel 36 | P a g e .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Principal Building 5.0 m 5.0 m 1.5 m 5.0 m .4 Maximum Parcel Coverage: 50% .5 Maximum Height .1 Principal Buildings: 10.0 m .6 Minimum Building Width .1 Principal Buildings: 7.5 m 5.4 Other Regulations .1 Where a Duplex Dwelling (side by side) is divided into two (2) separate Parcels, the minimum interior Side Parcel Line Setback shall not apply where there is a shared wall shared between the Dwellings, and the minimum Parcel Width shall be 10 m per Dwelling Unit, and no further Dwelling Units are permitted on the new Parcels. 37 | P a g e 6 MULTIPLE-UNIT RESIDENTIAL - R2 6.1 Zone Intent The intent of this zone is to diversify housing stock in the Village by permitting multiple unit Residential developments in appropriate locations. 6.2 Permitted Uses .1 Principal Uses .1 Apartment .2 Dwelling Single Detached .3 Dwelling, Duplex .4 Dwelling, Fourplex .5 Dwelling, Rowhouse .6 Dwelling, Triplex .2 Accessory Uses .1 Accessory Buildings and Structures .2 Day Care .3 Home Business .4 Short-Term Rental Accommodation .5 Suite, Attached .6 Suite, Detached 6.3 Regulations .1 Minimum Parcel Size and Parcel Width Parcel Size Parcel Width Single Detached Dwelling; Dwelling, Duplex 400 m2 15.0 m Dwelling, Row House 250 m2 per unit 30.0 m Dwelling, Tri-plex/Four-Plex; Apartment 1000 m2 30.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density .1 Single Detached Dwelling: 1 Principal Dwelling Unit per Parcel .2 Dwelling, Duplex: 2 Principal Dwelling Units per Parcel .3 Dwelling, Row House: 40 Dwelling Units per hectare 38 | P a g e .4 Dwelling, Tri-Plex/Four-Plex; Apartment: 40 Dwelling Units per hectare .5 Other: 1 Principal Building per Parcel .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Single Detached Dwelling; Dwelling, Duplex 5.0 m 3.0 m 2.0 m 5.0 m Dwelling, Row House; 5.0 m 3.0 m 2.0 m 5.0 m Dwelling, Tri-Plex/Four-Plex; 5.0 m 3.0 m 2.0 m 5.0 m Apartment 7.5 m 3.0 m 2.0 m 7.5 m .4 Maximum Parcel Coverage .1 Single Detached Dwelling; Dwelling, Duplex: 50% .2 Dwelling, Row House: 60% .3 Dwelling, Tri-Plex/Four-Plex; Apartment: 60% .5 Maximum Height .1 Principal Buildings: 10.0 m .6 Minimum Building Width .1 Single Detached Dwelling: 7.5 m .2 Dwelling, Duplex: 6.0 m .3 Dwelling, Tri-Plex/Four-Plex 5.0 m .4 Apartment 10.0 m 6.4 Other Regulations .1 Where a Duplex Dwelling (side by side) is divided into two (2) separate Parcels, a Triplex (side- by-side-by-side) is divided into three (3) separate Parcels or a Rowhouse is divided into four (4) or more separate Parcels, the minimum interior Side Parcel Line Setback shall not apply where there is a shared wall shared between the Dwellings, and the minimum Parcel Width shall be 10 m per Dwelling Unit for Duplex Dwellings and 7.5 m for a Triplex (side by side by side) or a Rowhouse, and no further Dwelling Units are permitted on the new Parcels. 39 | P a g e 7 MANUFACTURED HOME PARK - R3 7.1 Zone Intent The intent of this zone is to permit a Manufactured Home Park development. 7.2 Permitted Uses .1 Principal Uses .1 Manufactured Home Park .2 Accessory Uses .1 Accessory Buildings and Structures .2 Home Business 7.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width 8000 m2 20.0 m Minimum Parcel Size for all uses is 10 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density: One (1) Manufactured Home per 325 m2 (3,498 ft2) of Parcel size; .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Principal Building 7.5 m 7.5 m 7.5 m 7.5 m .4 Maximum Parcel Coverage: 33%. .5 Maximum Height .1 Principal Buildings: 7.0 m .6 Minimum Building Width: .1 Manufactured Home: 4.0 m 7.4 Other Regulations .1 The minimum separation between Manufactured Homes is 6.0 m. 8 DOWNTOWN COMMERCIAL - C1 8.1 Zone Intent The intent of this zone is to provide for a wide range and mix of Commercial and Institutional uses to encourage the development of downtown Telkwa as a focal point for the community and visitors. 8.2 Permitted Uses .1 Principal Uses .1 Agricultural Feed Store .2 Apartment .3 Art Gallery .4 Cannabis Retail .5 Convenience Retail Store .6 Day Care .7 Dwelling, Duplex - provided that such dwellings were lawfully established, used and occupied as residences prior to and on the date of the adoption of the Bylaw. .8 Dwelling, Single Detached - provided that such dwelling was lawfully established, used and occupied as a residence prior to and on the date of the adoption of the Bylaw. .9 Emergency Services .10 Farmers' Market .11 Financial Services .12 Food Processing .13 Hotel .14 Industrial, Light .15 Institutional .16 Licensed Establishment .17 Light Equipment Repair and Sales .18 Motel .19 Office .20 Personal Service .21 Professional Service .22 Recreation, Community .23 Restaurant .24 Retail Store 40 | Page .25 Veterinary Clinic .26 Visitor Information Centre .27 Artist Live-Work Studio .2 Accessory Uses .1 Accessory Buildings and Structures .2 Accessory Dwelling Unit .3 Home Business 8.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width Hotels and Motels 2000 m2 15.0 m All other permitted uses in the C1 Zone (excluding Hotel/Motel) 280 m2 9.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density: 1 Principal Building .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Rear Parcel Line - Apartment Buildings Principal Building 0.0 m 0.0 m 0.0 m 3.0 m 7.5 m .4 Maximum Parcel Coverage: 85% .5 Maximum Height .1 Principal Buildings: 10.0 m 41 | Page 9 SERVICE COMMERCIAL - C2 9.1 Zone Intent The intent of this zone is to permit a range of Commercial, Institutional and Residential uses along Highway 16 that are generally intended to support the local and regional economy. 9.2 Permitted Uses .1 Principal Uses .1 Agricultural Feed Store .2 Apartment .3 Art Gallery .4 Body Repair Shop .5 Campground .6 Cannabis Retail .7 Community Care Facility .8 Convenience Retail Store .9 Day Care .10 Dwelling, Duplex .11 Dwelling, Fourplex .12 Dwelling, Rowhouse .13 Dwelling, Single Detached .14 Dwelling, Triplex .15 Emergency Services .16 Farmer's Market .17 Financial Services .18 Food Processing .19 Heavy Equipment Repair and Sales .20 Hotel .21 Industrial, Light .22 Institutional .23 Kennel .24 Licensed Establishment .25 Light Equipment Repair and Sales 42 | Page .26 Manufactured Home Dealer .27 Mini Storage .28 Motel .29 Motor Vehicle Dealer .30 Motor Vehicle Rentals .31 Motor Vehicle Repair .32 Motor Vehicle Wash .33 Office .34 Personal Service .35 Recreational Vehicle Storage .36 Recreation, Community .37 Restaurant .38 Retail Store .39 Service Station .40 Transportation Terminal .41 Veterinary Clinic .42 Visitor Information Centre .43 Artist Live-Work Studio .2 Accessory Uses .1 Accessory Buildings and Structures .2 Accessory Dwelling Unit .3 Bed and Breakfast .4 Beekeeping .5 Day Care .6 Hen Keeping .7 Home Business .8 Home Industry .9 Short-Term Rental Accommodation .10 Suite, Attached .11 Suite, Detached 43 | Page 9.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width Non-Residential Uses 280 m2 2000 m2 for hotels and motels 20.0 m Single Detached Dwelling; Dwelling, Duplex 400 m2 20.0 m Dwelling, Row House 150 m2 per unit 50.0 m Dwelling, Tri-Plex/Four-Plex; Apartment 1000 m2 50.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density .1 Single Detached Dwelling; 1 Principal Dwelling Unit per Parcel .2 Dwelling, Duplex: 2 Principal Dwelling Units per Parcel .3 Dwelling, Row House: 40 Dwelling Units per hectare .4 Dwelling, Tri-Plex/Four-Plex: 40 Dwelling Units per hectare .5 Apartment: 60 Dwelling Units per hectare .6 Other: 1 Principal Building per Parcel .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Non-Residential Uses 3.0 m 3.0 m 2.0 m 3.0 m Single Detached Dwelling; Dwelling, Duplex 5.0 m 3.0 m 1.5 m 5.0 m Dwelling, Row House 5.0 m 3.0 m 2.0 m 5.0 m Dwelling, Tri-Plex/Four- Plex; Apartment 7.5 m 3.0 m 2.0 m 7.5 m 44 \ Page .4 Maximum Parcel Coverage .1 Non-Residential Uses: 50% .2 Single Detached Dwelling; Dwelling, Duplex: 50% .3 Dwelling, Row House: 60% .4 Dwelling, Tri-Plex/Four-Plex; Apartment: 60% .5 Maximum Height .1 Principal Buildings: 10.0 m 9.4 Other Regulations .1 Where a Duplex Dwelling (side by side) is divided into two (2) separate Parcels, a Triplex (side by side by side) is divided into three (3) separate Parcels or a Rowhouse is divided into four (4) or more separate Parcels, the minimum interior Side Parcel Line Setback shall not apply where there is a shared wall shared between the Dwellings, and the minimum Parcel Width shall be 10 m per Dwelling Unit for Duplex Dwellings and 7.5 m for a Triplex (side-by-side-by- side) or a Rowhouse, and no further Dwelling Units are permitted on the new Parcels. 45 | Page 10 NEIGHBOURHOOD COMMERCIAL - C3 10.1 Zone Intent The intent of this zone is to permit small scale Commercial and Residential uses within Residential neighbourhoods and to provide limited-service functions and integrated Dwelling types. 10.2 Permitted Uses .1 Principal Uses .1 Apartment .2 Art Gallery .3 Community Care Facility .4 Convenience Retail Store .5 Day Care .6 Dwelling, Duplex .7 Dwelling, Fourplex .8 Dwelling, Rowhouse .9 Dwelling, Single Detached .10 Dwelling, Triplex .11 Farmers' Market .12 Financial Services .13 Licensed Establishment .14 Office .15 Personal Service .16 Restaurant .17 Retail Store .18 Artist Live-Work Studio .2 Accessory Uses .1 Accessory Buildings and Structures .2 Accessory Dwelling Unit .3 Bed and Breakfast .4 Beekeeping .5 Day Care .6 Hen Keeping 46 | Page .7 Home Business .8 Short-Term Rental Accommodation .9 Suite, Attached .10 Suite, Detached 10.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width Non-Residential Uses 280 m2 20.0 m Single Detached Dwelling; Dwelling, Duplex 400 m2 20.0 m Dwelling, Row House 150 m2 per unit 30.0 m Dwelling, Tri-Plex/Four-Plex; Apartment 1000 m2 30.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density .1 Single Detached Dwelling: 1 unit per Parcel .2 Dwelling, Duplex: 2 units per Parcel .3 Dwelling, Row House: 40 units per hectare .4 Dwelling, Tri-Plex/Four-Plex: 40 units per hectare .5 Apartment: 60 units per hectare .6 Other: 1 Principal Building .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Non-Residential Uses 3.0 m 0.0 m 0.0 m 3.0 m Single Detached Dwelling 5.0 m 5.0 m 1.5 m 5.0 m Dwelling, Duplex (side-by- side) 5.0 m 3.0 m 2.0 m 5.0 m Dwelling, Row House 5.0 m 3.0 m 2.0 m 5.0 m Dwelling, Tri-Plex/Four-Plex 5.0 m 3.0 m 2.0 m 5.0 m Apartment 7.5 m 3.0 m 2.0 m 7.5 m 47 | Page .4 Maximum Parcel Coverage .1 Non-Residential Uses: 50% .2 Single Detached Dwelling; Dwelling, Duplex: 50% .3 Dwelling, Row House: 60% .4 Dwelling, Tri-Plex/Four-Plex; Apartment: 60% .5 Maximum Height .1 Principal Buildings: 10.0 m 10.4 Other Regulations .1 Where a Duplex Dwelling (side by side) is divided into two (2) separate Parcels, a Triplex (side by side by side) is divided into three (3) separate Parcels or a Rowhouse is divided into four (4) or more separate Parcels, the minimum interior Side Parcel Line Setback shall not apply where there is a shared wall shared between the Dwellings, and the minimum Parcel Width shall be 10 m per Dwelling Unit for Duplex Dwellings and 7.5 m for a Triplex (side by side by side) or a Rowhouse, and no further Dwelling Units are permitted on the new Parcels. 48 | Page 11 INDUSTRIAL - M1 11.1 Zone Intent The intent of this zone is to provide lands for a variety of Industrial uses to encourage local employment and economic development. 11.2 Permitted Uses .1 Principal Uses .1 Aggregate Processing .2 Agriculture .3 Body Repair Shop .4 Cannabis Production .5 Emergency Services .6 Food Processing .7 Fuel Storage .8 Heavy Equipment Repair and Sales .9 Industrial, Heavy .10 Industrial, Light .11 Kennel .12 Light Equipment Repair and Sales .13 Manufactured Home Dealer .14 Mini Storage .15 Motor Vehicle Dealer .16 Motor Vehicle Rentals .17 Motor Vehicle Repair .18 Motor Vehicle Wash .19 Office .20 Public Works Yards .21 Recreational Vehicle Storage .22 Transportation Terminal .23 Warehousing .24 Waste Disposal (excluding landfill) .25 Wrecking and Salvage 49 | Page .2 Accessory Uses .1 Accessory Buildings and Structures .2 Accessory Dwelling Unit 11.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width 2000 m2 30.0 m Minimum Parcel Size for all uses is 5 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density: 1 Principal Building per Parcel .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Any Parcel line which abuts a Residential Zone Principal Building 7.5 m 7.5 m 7.5 m 7.5 m 15.0 m .4 Maximum Parcel Coverage: 50%. .5 Maximum Height .1 Principal Buildings: 10.0 m 50 | Page 51| P a g e 12 CIVIC AND INSTITUTIONAL - P1 12.1 Zone Intent The intent of this zone is to provide lands for Institutional, community, government and Emergency Service-related uses that are primarily focused on providing services to the community. 12.2 Permitted Uses .1 Principal Uses .1 Assembly Hall .2 Clubhouse .3 Community Care Facility .4 Day Care .5 Elementary School .6 Secondary School .7 Emergency Services .8 Farmers' Market .9 Institutional .10 Office .11 Place of Worship .12 Public Library .13 Recreation, Community .14 Public Works Yards .2 Accessory Uses .1 Accessory Buildings and Structures 12.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width 1000 m2 20.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density: 1 Principal Building per Parcel 52 | P a g e .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Principal Building 6.0 m 6.0 m 6.0 m 6.0 m .4 Maximum Parcel Coverage: 45% .5 Maximum Height .1 Principal Buildings: 10.0 m 53| P a g e 13 PUBLIC PARK AND RECREATION - P2 13.1 Zone Intent The intent of this zone is to provide amenity space for residents and to protect natural areas, while allowing recreation friendly small scale uses. 13.2 Permitted Uses .1 Principal Uses .1 Campground .2 Cemetery .3 Farmers' Market .4 Mobile Vendor .5 Recreation, Community .6 Recreation, Outdoor .2 Accessory Uses .1 Accessory Buildings and Structures 13.3 Regulations .1 Minimum Parcel Size and Width Parcel Size Parcel Width Campgrounds 2000m2 12.0 m All other permitted uses in P2 Zone 1000 m2 12.0 m Minimum Parcel Size for all uses is 2 ha when not connected to a Community Water System or a Community Wastewater System. .2 Density: .1 Campground: The combined maximum number of sites for Cabins, Camping Vehicles or tents in a Campground is 25.0 per hectare. .2 Other: 1 Principal Building per Parcel .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Principal Building 6.0 m 6.0 m 6.0 m 6.0 m 54 | P a g e .4 Maximum Parcel Coverage: 25%. .5 Maximum Height .1 Principal Buildings: 10.0 m 55 | P a g e 14 FUTURE DEVELOPMENT - FD 14.1 Zone Intent The intent of this zone is to only permit existing and potential agricultural uses and the development of one (1) Single Detached Dwelling until such time as new comprehensive planned developments are proposed. Future developments will align with the goals of, and be consistent with, the Official Community Plan and are created through a Council approved zoning amendment. 14.2 Permitted Uses .1 Principal Uses .1 Agriculture .2 Farmers Market .3 Mobile Vendor .4 Dwelling, Single Detached .5 Recreation, Outdoor 14.3 Regulations For new subdivisions on a Parcel located in an area zoned as FD, no Building or Structure shall be constructed, located, or altered, and no plan of subdivision approved which contravenes the regulations established below: .1 Minimum Parcel Size and Width Parcel Size Parcel Width 10.0 hectares 20.0 m .2 Density: One (1) Single Detached Dwelling. .3 Minimum Setbacks Front Parcel Line Exterior Side Parcel Line Interior Side Parcel Line Rear Parcel Line Principal Building 10.0 m 3.0 m 1.5 m 5.0 m .4 Maximum Parcel Coverage: 20%. .5 Maximum Height .1 Principal Buildings: 7.5 m .6 Building Width .1 Principal Buildings: 7.5 m 15 SCREENING AND LANDSCAPING 15.1 General Provisions .1 Screening requirements apply to the zones as outlined in this Bylaw. .2 The minimum width for landscaping and screening areas in all zones is 1.0 m. .3 The minimum screening for M Zones shall be 2.5 m high and 2.0 m wide. .4 A vegetative buffer shall be required where M and C zones are adjacent to R and P zones, unless the buffer area is required for a fire lane access. .5 Screening materials shall be consistent with the character of the zone in which they are to be located. .6 Landscaping and screening areas are not permitted on septic fields, and a septic field must not be located in a landscaping and screening area unless approved in writing by the appropriate regulatory authority. .7 The proposed grading shall respect the natural contour of the land to the extent possible, minimize the necessity to use retaining walls, and ensure drainage away from Buildings and abutting properties. Erosion control measures shall be used during construction to prevent the pollution, degradation or siltation of natural areas, Watercourses, and roads. 15.2 Fence Height and Materials .1 The Height of a fence or wall shall be measured from ground level. Where the fence or wall is adjacent to the property line, the Height shall be measured with reference to the ground level of the abutting property. Where a fence is located on top of a retaining wall, berm or similar Structure, the Height of the fence shall include the Height of the supporting Structure. .2 All fencing shall not be greater than 2.5 m in Height unless otherwise specified. .3 In the C1 and P1 zone, no fence, hedge, wall, or retaining wall: .1 Constructed between the front Parcel Line and the front face of the Principal Building shall exceed 1.8 metres in Height, except where this Bylaw requires otherwise; and .2 Constructed on the Parcel other than between the front Parcel Line and the front Building line shall exceed 2.5 metres in Height except where this Bylaw requires otherwise. .4 In any R Zone, no fence constructed along the front Parcel Line shall exceed 1.2 m in Height, and no fence constructed elsewhere on the property shall exceed 1.8 metres in Height. .5 No fence in an R1, R2, R3, C1, C3, or P zone shall contain barbed wire, razor wire, electrified wire, sheet metal or corrugated metal. .6 In a C1, M1 or M2 zone, where the Side or rear Parcel line abuts a Parcel in an R zone or is separated by a highway (street), a screening of at least 2.5 m in Height shall be provided along all property lines separating the developed portion of the Parcel from such residentially zoned property. 56 | P a g e 57 | P a g e 15.3 Outdoor Storage .1 Where permitted in this Bylaw, areas used for the outdoor storage of discarded material or Derelict Vehicles shall be screened or landscaped in accordance with the following: .1 Enclosed entirely within a Building; or .2 Screened and buffered with: .1 A continuous, decorative, solid fence of not less than 1.8 m and not greater than 3.0 m in Height; and .2 A 7.5 m wide landscaped berm with a Height of not less than 1.8 m and not greater than 3.0 m in Height. .2 In an M1 zone, any Industrial activity or storage not contained within a Building shall be screened by a wall or a tight board or other solid fence not less than 2.5 m high. .3 All storage of goods and materials in M and C zones shall be screened from view from any Highway and from adjacent Parcels in an R zone by fences, berms, landscape materials or a combination of these. .4 All refuse, recycling and compost bins in a C zone, P1 zone, M1 zone, R2 or R3 zone shall be screened from view from any street and from adjacent Parcels in a Residential zone by fences, berms, landscape materials or a combination of these. Ensure that containers are sealed to contain odours and to prevent disturbance by animals. .5 Land Parcels adjacent to a controlled access highway, must comply with requirements set out in the Ministry of Transportation and Infrastructure's Permit and Approval Guidelines . 58 | P a g e 16 OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS 16.1 General Provisions .1 For any construction, renovation, extension or redevelopment, no land, water, Building or Structure shall be used by the owner, occupier, or any other person for any use unless the off- street parking requirements for that use have been provided for in accordance with the requirements of this Bylaw. .1 Section 16.1.1 does not apply to properties within the C1 zone unless they are adjacent to a controlled access Highway. .2 Up to 10% of parking requirements may be satisfied by the provision, at the sole cost of the owner, of alternative transportation features in the form of one (1) car-share space or electric car charging station per ten (10) reduced parking spaces, or a public bus stop. .3 For Multiple-Unit Residential, Commercial and Industrial Uses that require parking, bicycle parking facilities must also be provided in the amount of 1 bicycle parking space per 10 parking spaces. .2 No person shall park or store any vehicle having a licensed gross vehicle weight (GVW) exceeding 5,500 kg (12,000 lbs.) on any Highway or on private property within an R zone except: .1 Recreational vehicles; .2 Moving or delivery vans while engaged in work; .3 Municipal or utility vehicles while engaged in work; and .4 Vehicles licensed under the Motor Carrier Act, RSBC 1996, c 315 for the transportation of passengers. [Note to the reader which does not form part of this Bylaw: Notwithstanding the requirements of this Bylaw, development within a controlled area as defined in the Transportation Act is required to meet Ministry of Transportation and Infrastructure requirements.] 16.2 Required Number of Parking Spaces .1 Except as otherwise provided for in this Bylaw, the number of off-street parking spaces for vehicles required for any use is calculated according to Table 16.1 of this Bylaw, in which Column 1 classifies the types of uses and Column 2 sets out the number of required off-street parking spaces that are to be provided for each use in Column 1. .2 In respect of a use permitted in this Bylaw that is not specifically referred to in Column 1 of Table 16.1 of this Bylaw, the number of off-street parking spaces is calculated on the basis of the requirements for a similar use that is listed in Table 16.1 of this Bylaw. .3 Where the calculation of the required off-street parking spaces results in a fraction, one (1) parking or loading space shall be provided in respect of the fraction. 59 | P a g e .4 Where more than one (1) use is located on a Parcel, the total number of parking to be required shall be the sum total of the requirements for each use. .5 Where a Building or Structure contains more than one use whose business hours of operation do not overlap, the required number of off-street parking spaces shall be the greatest number required for any of those individual uses. .6 Off-street loading spaces shall not be counted as off-street parking spaces, and off-street parking spaces shall not be counted as off-street loading spaces. .7 Where more than one standard may apply to a use, the most stringent standard shall be used. Table16.1: Required Off-Street Parking Spaces Column 1 Use Column 2 Required Parking Spaces Dwelling, Single Detached Dwelling, Duplex 2 per Dwelling Unit Accessory Dwelling Unit Suite, Attached (see also 3.12.5) Suite, Detached (see also 3.12.5) 1 per Dwelling Unit Dwelling, Triplex Dwelling, Fourplex Dwelling, Rowhouse Apartment 3 Spaces + 1.2 space per Dwelling Unit Manufactured Home Park 2 spaces + 2 per Dwelling Unit + 0.2 visitor parking spaces per Dwelling Unit Hotel Motel 2 spaces + 1 per guest sleeping room Bed and Breakfast Short-term Rental Accommodation 1 per bedroom plus required spaces for Principal Dwelling Home Business (see also 3.15.9) 1 per Home Business plus required spaces for Principal Dwelling Home Industry (see also 3.16.7) 2 per Home Industry plus required spaces for Dwelling, Single Detached Campground 1.1 per campsite Recreation, Community 1 space per 20 m2 of indoor GFA Community Care Facility 2 per 6 care beds Retail Store Personal Service Convenience Retail Store Kennel Veterinary Clinic Visitor Information Center Cannabis Retail 3 spaces + 1 space per 30 m2 of GFA Office 3 spaces + 1 space per 75 m2 of GFA 60 | P a g e Column 1 Use Column 2 Required Parking Spaces Financial Services Professional Service Restaurant Licenced Establishment 1 per 3 persons based on the Building capacity Cannabis Production Warehousing Industrial, Light Food Processing Mini Storage 3 spaces + 1 per 200 m2 of GFA Aggregate Processing Motor Vehicle Repair Motor Vehicle Dealer Motor Vehicle Rentals Heavy Equipment Repair and Sales Light Equipment Repair and Sales Manufactured Home Dealer Waste Disposal Wrecking and Salvage 3 spaces + 1 per 75 m2 of GFA Motor Vehicle Wash 1.5 spaces per 3 washing bays Elementary School Secondary School 2 per classroom 5 per classroom Place of Worship 1 per 10 seats Agricultural Feed Store Emergency Service 1 per 30 m2 of GFA Service Station 1 per 60 m2 of GFA plus 2 spaces per service bay Arena Clubhouse Public Library Art Gallery 1 per 5 persons based on the Building capacity or 1 per 40 m2 of the GFA, whichever is greater Cemetery Recreation, Outdoor Park Public Open Space Community Garden 1 per 1000 m2 of Parcel Area Day Care 1 per 4 day care spaces 61| P a g e 16.3 Exemption of Existing Buildings from Parking Requirements .1 Notwithstanding Table 16.1, the regulations contained in Section 16 do not apply to uses, Buildings or Structures existing on the effective date of this Bylaw that were lawfully conforming and provided parking in accordance with the previous bylaw, except that: .1 Off-street parking shall be provided and maintained in accordance with this section where there is a change in the Principal Use, or where the Gross Floor Area is increased in excess of ten percent (10%) over the existing GFA; and .2 Off-street parking existing on the effective date of this Bylaw shall not be reduced below the applicable off-street parking requirements of Section 16. 16.4 Parking for the Persons with Disabilities .1 Where more than 20 parking spaces are required, 5% of the required spaces must be for the use of disabled persons. Each space for disabled persons shall: .1 Be at least 4.0 m in width and at least 7.5 m in length; .2 Be located as close as possible to a main Building entrance; and .3 Be clearly identified for the exclusive use of disabled persons. 16.5 Location .1 Required off-street parking shall be located on the same Parcel as the Principal Building. .2 Notwithstanding section 16.5.1 required off-street parking may be provided on a Parcel within 150 m of the applicable use in the C1, M1 and R2 Zone provided such parking is secured by Easement as between the applicable property owners, together with a covenant with the Village restricting alteration of the easement and restricting use of a sufficient portion of the burdened Parcel for that parking use. 16.6 Off-Street Parking Standards Size .1 All parking spaces shall have a clear length of not less than 6.0 m and a clear width of not less than 2.8 m. Access .2 Ingress and egress to and from all parking spaces shall be by means of unobstructed manoeuvring aisles having widths not less than: .1 7.0 m where parking spaces are located at 90 degrees to the manoeuvring aisle providing access to the space; and .2 4.0 m where parking spaces are located at 45 degrees to the manoeuvring aisle providing access to the space. Layout .3 Where more than ten (10) parking spaces are provided, they must be so designed that vehicles are not required to back out onto a Highway. .4 Every off-street parking area shall: 62 | P a g e .1 Be graded to provide an even surface; .2 Be drained so that no surface water: .1 Accumulates thereon; .2 Runs off onto any sidewalk; and .3 Runs off onto any Highway if the area is not paved. .5 Off-street parking areas abutting a controlled access highway or within C2 zones shall have asphalt surfaces as described in the Subdivision and Development Servicing Bylaw; .6 Off-street parking areas not in C2 Zone or adjacent to a controlled access highway shall be surfaced with asphalt, gravel or crushed rock, aggregate or other hard durable dust-free surface and kept free of weeds or paved if the uses are such that there is a risk of spill or leakage. Curbs .7 Where more than ten (10) parking spaces are required, parking areas shall be provided with curbs as described in the Subdivision and Development Servicing Bylaw; such curbs to be constructed of asphalt, concrete, or treated timber, installed, and secured. Distance .8 No part of parking lots shall: .1 Be located closer than 1.5 m to any Dwelling or Apartment uses in the R2 (Residential Multiple-Unit Dwelling) zone where parking facilities are located on the same Parcel as the Principal Building; and .2 Be located closer than 1.5 m to any adjacent Building in C1 (Downtown Commercial) zones for parking located on the same Parcel as the Principal Building. Signs .9 All parking lots for more than ten (10) vehicles, other than for Service Stations, shall have directional signs to provide traffic control. Mixed Occupancy .10 In the case of more than one (1) use on the same Parcel, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. 16.7 Off-Street Loading Spaces .1 No land, water, Building or Structure shall be used by the owner, occupier, or any other person for any use unless the required off-street loading space for that use has been provided in accordance with Section 16 of this Bylaw. .2 Notwithstanding section 16.7.1, uses on properties within the C1 zone do not require the provision of off-street loading spaces in accordance with Section 16 of this Bylaw. .3 The number of off-street loading spaces required for any use is calculated according to Table 16.2 of this Bylaw in which Column 1 classifies the type of use and Column 2 sets out the off- street loading requirements for each use in Column 1. 63 | P a g e Table 16.2: Required Off-Street Loading Spaces COLUMN 1 Total Gross Floor Area of Building COLUMN 2 Minimum Number of Spaces Required Retail Store, Personal Service, Financial Services, Warehousing, Light Industrial, Food Processing, Agricultural Feed Store, or other similar use: - Less than 470 m2 1 - 470 m2 to 2,300 m2 2 - 2,301 m2 to 4,600 m2 3 - Each additional 4,600 m2 or each fraction thereof in excess of 2,300 m2 1 additional Office, Hospital, Institutional, Motor Vehicle Dealer, Light Equipment Repair and Sales, Hotel, Clubhouse, Heavy Equipment Repair and Sales, Heavy Industrial, Utility, School†, or other similar use: - Less than 2,800 m2 1 - 2,801 m2 to 5,600 m2 2 - Each additional 5,600 m2 or each fraction thereof in excess of 2,800 m2 1 additional 16.8 Units of Measurement .1 When calculating off-street loading space requirements, the Gross Floor Area shall include the floor area of Accessory Buildings and basements, except where they are used for parking or loading. 16.9 Existing Uses, Buildings or Structures .1 Notwithstanding Table 16.2, the regulations contained in Section 16 do not apply to uses, Buildings or Structures on the effective date of this Bylaw, except that: .1 Off-street loading spaces shall be provided and maintained in accordance with Section 16.7 where there is a change in the Principal Use, or where the Gross Floor Area is increased in excess of ten percent (10%) over the existing floor area; and .2 Off-street loading spaces existing on the effective date of this Bylaw shall not be reduced below the applicable off-street loading space requirements of Section 16. 64 | P a g e 16.10 Mixed Occupancies .1 In the case of mixed uses, the total requirements for off-street loading spaces shall be the sum of the requirements for the various uses computed separately. 16.11 Location and Siting of Loading Facilities .1 Off-street loading spaces and facilities shall be located on the same Parcel as the use served, but not within the required Front Setback nor closer than 15.0 m to the nearest point of intersection of any two (2) road allowances. 16.12 Development and Maintenance Standards of Loading Facilities .1 Loading Facilities shall conform to the following requirements: Size .1 All off-street loading spaces shall be of adequate size and with adequate access, to accommodate a vehicle 6.0 m in length, 3.0 m in width, and 4.0 m in Height. Curbs .2 All loading areas shall be provided with adequate curbs in order to retain all vehicles within such permitted loading areas and to ensure that required fences, walls, hedges, or landscaped areas, as well as any Buildings, will be protected from parking vehicles. Layout .3 Each loading space shall be surfaced with gravel or crushed rock, treated to suppress dust, and kept free of weeds, or paved so as to provide a durable dust-free surface and shall be so graded and drained so as to properly dispose of all surface water. .4 The location of all points of ingress and egress to a loading area shall be subject to all applicable Bylaws and regulations of the Village. Lighting .5 Any lighting used to illuminate any loading area shall be so arranged that all direct rays of light are reflected upon the loading area and not on any adjoining Parcels. 65| P a g e SCHEDULE B Zoning Map