Zoning Bylaw No. 847, 2021

Valemount, British Columbia · adopted 2021-08-24

This is the exact embedded text of the captured official document. Snapshot e62001f939f0 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Village of Valemount Zoning Bylaw Page 2 of 114 Notes Notes: Zoning Bylaw No. 847, 2021 was adopted by the Village of Valemount Council on August 24, 2021 and became effective on that date. Bylaws for Amendments: Zoning Amendment Bylaw No. 856, 2022 - 1290 Main Street Zoning Amendment Bylaw No. 858, 2022 - Automobile Repair Shop/ADU Zoning Amendment Bylaw No. 861, 2022 - 1155 6th Avenue map update Zoning Amendment Bylaw No. 881, 2024 - MHP Regulations Zoning Amendment Bylaw No. 907, 2025 - Housekeeping Amendment Zoning Amendment Bylaw No. 913, 2025 - 1015 14th Ave STVR Zoning Amendment Bylaw No. 914, 2025 - 1340 Main Street Campground Village of Valemount Zoning Bylaw Page 3 of 114 Table of Contents 1 ADMINISTRATION .......................................................................................................8 1.1 ADMINISTRATION .............................................................................................................................................. 8 1.2 PENALTY FOR VIOLATION OF BYLAW ................................................................................................................. 8 1.3 GENERAL COMPLIANCE ...................................................................................................................................... 9 1.4 GENERAL PROHIBITIONS .................................................................................................................................... 9 1.5 PERMITTED AND PROHIBITED USES ................................................................................................................... 9 1.6 DENSITY REGULATIONS .................................................................................................................................... 10 1.7 FENCING & SCREENING .................................................................................................................................... 10 1.8 SETBACKS, SITING, AND LOCATION OF USES, BUILDINGS AND OTHER STRUCTURES ...................................... 12 1.9 DIMENSIONS OF USES, BUILDINGS AND OTHER STRUCTURES .......................................................................... 15 1.10 MINIMUM DWELLING UNIT FLOOR AREA ........................................................................................................ 15 1.11 SUBDIVISION OF LOTS ...................................................................................................................................... 15 1.12 MINIMUM FRONTAGE (LOT WIDTH) ON CUL-DE-SAC LOTS ............................................................................ 16 2 USE REGULATIONS .................................................................................................... 17 2.1 TEMPORARY USE PERMITS .............................................................................................................................. 17 2.2 HOME BASED BUSINESSES ............................................................................................................................... 17 2.3 HOME-BASED BUSINESS 1 - MINOR ................................................................................................................. 17 2.4 HOME-BASED BUSINESS 2 - MAJOR ................................................................................................................ 18 2.5 ACCESSORY DWELLING UNITS (ADU) ............................................................................................................... 21 2.6 DETACHED ACCESSORY DWELLING UNITS ....................................................................................................... 21 2.7 ATTACHED ACCESSORY DWELLING UNITS - RESIDENTIAL ................................................................................ 22 2.8 ATTACHED ACCESSORY DWELLING UNITS - COMMERCIAL ............................................................................. 23 2.9 SHORT-TERM VACATION RENTALS................................................................................................................... 23 2.10 CANNABIS RETAIL STORES ............................................................................................................................... 24 2.11 SHIPPING CONTAINERS .................................................................................................................................... 25 2.12 ACCESSORY USE, BUILDINGS & STRUCTURES .................................................................................................. 26 2.13 MODULAR AND MOBILE DWELLINGS .............................................................................................................. 27 2.14 SERVICE STATIONS ........................................................................................................................................... 28 3 PARKING .................................................................................................................. 29 3.1 APPLICATION OF REGULATIONS ...................................................................................................................... 29 3.2 EXEMPTIONS .................................................................................................................................................... 29 3.3 NUMBER OF PARKING SPACES ......................................................................................................................... 29 3.4 PARKING SPACES - LOCATION AND SITING ...................................................................................................... 30 3.5 LOADING SPACES - LOCATION AND SITING ...................................................................................................... 31 3.6 USE OF PARKING FACILITIES ............................................................................................................................. 31 3.7 ACCESSIBLE PARKING SPACES .......................................................................................................................... 31 3.8 PARKING AREAS - DESIGN STANDARDS ........................................................................................................... 32 Village of Valemount Zoning Bylaw Page 4 of 114 3.9 INGRESS AND EGRESS ...................................................................................................................................... 33 3.10 DRIVEWAY REQUIREMENTS ............................................................................................................................. 33 3.11 VOLUNTARY ESTABLISHMENT OF PARKING AREAS ......................................................................................... 34 3.12 MUNICIPAL PARKING RESERVE FUND .............................................................................................................. 34 3.13 PARKING SPACE REQUIREMENTS ..................................................................................................................... 35 3.14 LOADING SPACES - DESIGN STANDARDS ......................................................................................................... 36 4 FLOOD MITIGATION .................................................................................................. 38 5 ZONES ...................................................................................................................... 41 5.1 ESTABLISHMENT OF ZONES ............................................................................................................................. 41 5.2 ENV - ENVIRONMENTAL .................................................................................................................................. 43 5.3 RR1 - RURAL RESIDENTIAL ............................................................................................................................... 46 5.4 R1 - RESIDENTIAL - LARGE LOT ....................................................................................................................... 49 5.5 R2 - RESIDENTIAL - SINGLE & TWO-UNIT ........................................................................................................ 52 5.6 R3 - RESIDENTIAL - MULTI-UNIT ..................................................................................................................... 56 5.7 MHP - RESIDENTIAL - HOME PARK ................................................................................................................. 59 5.8 C1 - VILLAGE CENTRE MIXED USE .................................................................................................................... 62 5.9 C2 - VILLAGE CENTRE FRINGE MIXED USE ....................................................................................................... 66 5.10 C3 - MAIN STREET (RAILTOWN) MIXED USE .................................................................................................... 70 5.11 C4 - HIGHWAY & TOURIST COMMERCIAL ....................................................................................................... 74 5.12 C5 - NEIGBHOURHOOD MIXED-USE ................................................................................................................ 78 5.13 M1 - LIGHT INDUSTRIAL .................................................................................................................................. 81 5.14 P1 - PARKS & RECREATION .............................................................................................................................. 84 5.15 P2 - PUBLIC & INSTITUTIONAL ......................................................................................................................... 85 5.16 CD1 - COMPREHENSIVE DEVELOPMENT ZONE ............................................................................................... 87 6 DEFINITIONS ............................................................................................................. 97 7 ZONING MAP .......................................................................................................... 114 Village of Valemount Zoning Bylaw Page 5 of 114 List of Tables Table 1: Home Based Business 2 Floor Area Calculation Example ....................................................... 20 Table 2: Home-Based Business Major Conditions of Use ..................................................................... 20 Table 3: Accessory Buildings Per Parcel ................................................................................................ 26 Table 4: Accessible Parking Space Requirements ................................................................................. 31 Table 5: Off-Street Parking Requirements ............................................................................................ 35 Table 6: Loading Space Requirements .................................................................................................. 37 Table of Figures Figure 1: Visibility Corner Triangle ........................................................................................................ 13 Figure 2: Permitted Projections into Setbacks ...................................................................................... 14 Figure 3: Accessory Dwelling Unit Types .............................................................................................. 21 Village of Valemount Zoning Bylaw Page 6 of 114 ZONING BYLAW GUIDE This Zoning Bylaw guide is intended for information and clarity purposes only and is not a section of the Village of Valemount Zoning Bylaw. Welcome to the Village's Zoning Bylaw. Please use this guide to help you understand the different parts of the Bylaw. Where do I begin? What does a Zoning Bylaw do? The Zoning Bylaw establishes rules (laws) for the use of land and buildings in the Village - such as what you can do (uses), setbacks for buildings, and size and height limits. You must comply with all Village plans and bylaws. For example, you need to comply with the Village's Official Community Plan (OCP) policies and Development Permit Area guidelines. Are there any other documents I should know about? Village of Valemount Zoning Bylaw Page 7 of 114 This Bylaw is organized into seven (7) parts with related information as follows: PART DESCRIPTION Part 1 Administration Part 2 Use Regulations Part 3 Parking and Loading Part 4 Flood Mitigation Part 6 Establishment of Zones Part 7 Definitions How is the Zoning Bylaw organized? The Bylaw is organized into the following 7 parts. Village of Valemount Zoning Bylaw Page 8 of 114 Part 1 Administration 1 Administration 1.1 ADMINISTRATION This Bylaw may be cited as "Zoning Bylaw No. 847, 2021". This Bylaw is applicable to all land, Buildings, and other Structures including the surface of water within the boundaries of the Village of Valemount. The Chief Administrative Officer, Building Inspector, the Bylaw Enforcement Officer, and any other person appointed by Council are hereby authorized to administer this Bylaw and are authorized to enter, at any reasonable hour all days of the week, upon any land, Building or Structure for the purpose of administering this Bylaw. All dimensions and other measurements in this Bylaw are expressed in the metric system. If any part, section, subsection, clause, sentence or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that is invalid shall not affect the validity of the remainder of the Bylaw. 1.2 PENALTY FOR VIOLATION OF BYLAW Any person who violates any of the provisions of this Bylaw or prevents, obstructs, or attempts to prevent or obstruct the authorized entry of the Building Inspector, the Bylaw Enforcement Officer, the Chief Administrative Officer, or any official authorized to administer this Bylaw, must be deemed to have violated the provisions of this Bylaw. Every person who violates a provision of this Bylaw, or who consents, allows, or permits an action to be done in violation of this Bylaw, or who neglects or refrains from doing anything required by a provision of this Bylaw: (i) Shall be liable to any conditions set out in the Village of Valemount Bylaw Notice Enforcement and Dispute Adjudication System Bylaw; or (ii) Shall be liable, upon summary conviction, to the penalties provided under the Offence Act. Each day that an offence against this bylaw continues may be deemed a separate and Welcome to the Admin section! Not as boring as you think! Village of Valemount Zoning Bylaw Page 9 of 114 distinct offence. If any provision of this bylaw is held to be invalid, the invalid portion shall be severed from the bylaw and that invalidity shall not affect the remainder of the bylaw. 1.3 GENERAL COMPLIANCE No person will use, occupy, or permit any person to use or occupy any land, Building, or Structure in contravention of this Bylaw. Nothing contained in this Bylaw will relieve any person from the responsibility to seek and comply with other legislation applicable to that use, activity or other matter regulated under this Bylaw. Every use of land, Building or Structure permitted in each Zone must conform to all the regulations of the applicable Zone and all other regulations in this Bylaw. 1.4 GENERAL PROHIBITIONS All development shall comply with the British Columbia Building Code and thereby shall obtain all required permits. Any land, Building, or Structure must not be constructed, altered, located, used or left with no use, except in conformity with this Bylaw. No Building or Structure may be placed, constructed or sunk into, erected, moved, sited, altered or enlarged: (i) Except in conformity with this Bylaw; or (ii) so as to cause any existing Building or Structure on the same Parcel to violate the provisions of this Bylaw. No subdivision may be approved: (i) Except in conformity with this Bylaw; or (ii) So as to cause any existing Building or Structure on the same Lot to violate the provisions of this Bylaw. The use of a tent, trailer, motor home or other recreational vehicle as a permanent residence is prohibited in all zones. 1.5 PERMITTED AND PROHIBITED USES No land, Building, or Structure may be used for any Use other than those specifically listed under the headings "Principal Uses", "Accessory Uses" or "Conditional Uses" in the Zone in which the land, Building, or Structure is located, and no Building or Structure may be placed, constructed, sunk into, erected, moved, sited, altered or enlarged for any use other than uses specifically permitted in that Zone. Village of Valemount Zoning Bylaw Page 10 of 114 A use listed under "Accessory Uses" is only permitted if a use listed under the "Principal Uses" is lawfully established and ongoing in accordance with the general regulations applicable to the use, as identified in this Bylaw. Where a Zone includes a "Minimum Parcel Area", "Minimum Parcel Frontage", "Minimum Parcel Width", "Minimum Front, Rear or Side Setback", 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. A use not specifically permitted in a Zone is prohibited from that Zone unless otherwise permitted in a Temporary Use Permit. Notwithstanding the other regulations of this section, the following uses are permitted in all Zones: (i) Parks, playgrounds, public recreation facilities, and open space conservation areas; (ii) Public service uses; (iii) Community garden; and (iv) Roads, lanes and pathways. Additional provisions regarding permitted and prohibited uses are found in Part 6: Definitions of this Bylaw. 1.6 DENSITY REGULATIONS Where a Zone includes a regulation entitled "Maximum Floor Area Ratio", the gross floor area of all Buildings, including Accessory Buildings, on the Parcel divided by the total area of the Parcel must not exceed the ratio identified for the Zone in which the Lot is located. Where a Zone includes a maximum density regulation, no subdivision or development will be approved if the calculated density is greater than the value specified. Where a Zone includes a minimum area regulation, no subdivision or development will be approved if the area of any lot is less than the value specified. For certainty, where more than one of the above density regulations apply to any particular Parcel, the most restrictive governs but all remain applicable. 1.7 FENCING & SCREENING Fencing and screening shall be restricted as follows: Zone Maximum Height from ground level of Maximum Height from ground level of Village of Valemount Zoning Bylaw Page 11 of 114 Screening or Fencing in the Front Yard Screening or Fencing in a Side Yard or Rear Yard ENV 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) RR1 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) R1, R2 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) R3 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) MHP 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) C1, C2 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) C3 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) C4 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) C5 1.2 m (4.0 ft.) 1.8 m (6.0 ft.) M1 1.8 m (6.0 ft.) 2.4 m (8.0 ft.) P1, P2 1.8 m (6.0 ft.) 1.8 m (6.0 ft.) No screening or fencing shall be higher than 1.2 m (4.0 ft.) from ground level in a required side yard where adjacent to a highway right-of-way other than a lane (per Bylaw 707); and Where a rear parcel line of a parcel abuts the front parcel line or side parcel line of an adjoining parcel, screening or fencing along the rear parcel line shall be no higher than that permitted on the front parcel line or side parcel line. Fences shall be attractive in appearance, be compatible with the surrounding neighbourhood, and not consist of railroad ties. The height of a Fence or hedge shall be determined by the measurement from the ground level at the Grade level within 1 m of both sides of such Fence or hedge. The portion of the retaining wall which projects above the surface of the ground which it supports shall be considered as a Fence and subject to the regulations of this sub-section. In cases where a retaining wall has been constructed along a Parcel Line, the height of a Fence or hedge shall be determined by measurement from the surface of the ground which the retaining wall supports at the average Grade level within 1 m of such retaining wall. For Fences on properties whose Front Parcel Line forms part of a cul-de-sac or expanded elbow, the following diagram and policies apply. All outside commercial storage, including the storage of garbage, shall be completely contained within a Landscape Screen of not less than 2 m in height and garbage storage areas shall be bear proofed. Bylaw 907 Village of Valemount Zoning Bylaw Page 12 of 114 1.8 SETBACKS, SITING, AND LOCATION OF USES, BUILDINGS AND OTHER STRUCTURES Where a Zone includes a regulation entitled "Minimum Setbacks", no Building or Structure may be placed, constructed, sunk into, erected, moved, sited, altered or enlarged nearer to the Lot line than the distance specified for the Zone in which the Building or Structure is located, and for certainty: (i) Setbacks may vary according to any combination of use, Building, Structure or location within a Zone or adjacent Zone or by Parcel dimensions, or to specific Highway or Public Street, and the provisions of this Bylaw must be interpreted accordingly; (ii) Any portion of a Building or Structure located below grade is subject to all Setbacks for the Zone in which the Building or Structure is located. Village of Valemount Zoning Bylaw Page 13 of 114 In addition to minimum Setback requirements of other parts of this Bylaw: (i) In any Zone other than the C1 or C2 Zones, no Fence, wall, Structure, Parking Space or Loading Area or outside storage area shall be erected to a height greater than 1.1 m and no hedge, bush, shrub, tree or other growth shall be maintained or allowed to grow so as to obstruct vision clearance in the area bounded by the projected intersecting Parcel Lines at a street or Lane corner and a line joining points along Side Parcel Lines 6.0 m from their point of intersection, as illustrated in Figure 1: Visibility Corner Triangle. In any Zone fronting an Arterial Highway, vision clearance at intersections shall be governed by the Transportation Act Regulations. Figure 1: Visibility Corner Triangle Notwithstanding Subsection 1.8.1 and 1.8.2, the following projections into the Setback are permitted despite minimum Setback requirements: (i) Signs. (ii) Fences. (iii) The Interior Side Setback requirements of this Bylaw do not apply where there is a party wall shared by two or more Dwelling Units. (iv) Any Accessory Building or Structure on a Parcel having an area of less than 10 m2 (107.6 ft2) is exempt from the Interior Side and Rear Setback requirements (v) Roof overhangs/gutters, bay windows, sills, cornices and eaves provided they are not closer than 1.0 metre (3.28 ft.) from any Parcel Line. Village of Valemount Zoning Bylaw Page 14 of 114 (vi) Uncovered steps or wheelchair ramps are permitted to project into the Setback provided they are not closer than 1.0 metre (3.28 ft.) from any Side Parcel Line. (vii) Balconies, patios, awnings are permitted to project into the Setback provided they are not closer than 2.0 metres (6.56 ft.) from any Parcel Line. (viii) Arbors, trellises, fish ponds, ornaments, flag poles or similar landscape features, provided they are not closer than 1.0 metre (3.28 ft.) from any Parcel Line. (ix) Uncovered residential decks are permitted to project into the Front Setback to a maximum projection of 2.0 metres (6.56 ft.). (x) On parcels fronting Arterial Highways, in accordance with the Transportation Act regulations, no building shall, without the consent of the Minister, be placed within a distance of 4.5 metres (14.76 ft.) from the property line fronting on any Arterial Highway within a Municipality. On any access to the property, the distance is reduced to 3 metres (9.84 ft.). Figure 2: Permitted Projections into Setbacks Village of Valemount Zoning Bylaw Page 15 of 114 1.9 DIMENSIONS OF USES, BUILDINGS AND OTHER STRUCTURES A maximum of one (1) Principal Building may be sited on one Parcel, except as otherwise expressly specified in a definition or Zone. Where a Zone includes a regulation entitled "Maximum Site Coverage" the total area of the Parcel covered by all Buildings and Structures on the Parcel must not exceed the percentage specified for the Parcel. Where a Zone includes a regulation entitled "Maximum Number" in relation to a Building or Structure, no Parcel may contain more Buildings and Structures, combined, than the number specified for the Zone in which the Parcel is located. Where a Zone includes a regulation entitled "Maximum Height", no Building or Structure may be placed, constructed, sunk into, erected on, moved, sited, altered or enlarged in a manner that exceeds the height specified for the Zone in which the Building or Structure is located. Maximum Building Height in a Zone may vary according to the use of the Building or Structure, as specified in the Zone. Notwithstanding Subsection 1.9.5, the following Structures are not subject to Maximum Building Height requirements: (i) Television or radio antennas, or cellular towers; (ii) Chimneys, towers, spires, steeples, silo, flag or lighting pole, flood light, fire alarm tower, public monument, rooftop HVAC machines and equipment, or other non- occupied architectural features occupying less than 3% of the Parcel area. 1.10 MINIMUM DWELLING UNIT FLOOR AREA No principal dwelling unit, inclusive of either a Single-Detached Dwelling or a single unit of a Two-Unit Dwelling, shall be constructed which has a floor area less than 55m2 (592 ft2) excluding interior garage areas. Minimum Dwelling Unit Floor Area (a) Single Detached Dwelling Unit 55m2 (592 ft2) (b) One unit of a Two-Unit Dwelling 55m2 (592 ft2) 1.11 SUBDIVISION OF LOTS Where a Zone includes a regulation entitled "Minimum Parcel Area", no Parcel may be created by subdivision that has an area less than the figure specified for the Zone in which the Parcel is located. Village of Valemount Zoning Bylaw Page 16 of 114 Minimum Parcel Area in a Zone may vary according to the use of the Building or Structure, as specified in the Zone. Notwithstanding Subsection 1.11.1, Minimum Parcel Area provisions of this Bylaw do not apply when the Parcel is used for an uninhabited Building necessary for the operation of: (i) a public utility including, community water system, sewer system or gas distribution system; (ii) a cell, radio, television or broadcasting antenna; (iii) a telecommunication relay station; (iv) a navigational aid; (v) an electrical substation or emergency power generating station; or (vi) a park or playground. Where a Zone includes a regulation entitled "Minimum Lot Frontage", no Parcel may be created by subdivision that has a frontage less than the number specified in the Zone. Minimum Lot Frontage in a Zone may vary according to the use of the Building or Structure, as specified in the Zone. 1.12 MINIMUM FRONTAGE (LOT WIDTH) ON CUL-DE-SAC LOTS Despite the minimum frontage (parcel width) requirements stated in this Bylaw, all parcels located on curves or cul-de-sacs shall have a minimum frontage of 6m (19.68 ft.). Village of Valemount Zoning Bylaw Page 17 of 114 Part 2 Use Regulations 2 Use Regulations 2.1 TEMPORARY USE PERMITS Temporary Use Permits will adhere to the following general conditions: Uses must be clearly temporary or seasonal in nature; Permit holders must undertake appropriate remedial measures to mitigate any damage to the natural environment as a result of the temporary use and must remove all structures, goods and materials associated with the temporary use upon expiration of the permit. Applications for Temporary Use Permits will be considered in all zones. 2.2 HOME BASED BUSINESSES Home Based Business use within the Village is divided into the following two categories - (i) Home Based Business - 1 Minor (ii) Home Based Business - 2 Major 2.3 HOME-BASED BUSINESS 1 - MINOR A Home-Based Business 1 - Minor means an occupation or profession carried out in a dwelling unit, or a building accessory to a dwelling unit, primarily by a permanent resident(s) of the dwelling unit, where such occupation or profession is accessory in nature to the residential use of the dwelling unit and subject to the following regulations. Summary of Home Based Business - 1 Minor Regulations Short Definition home-based services such as bookkeeping, accounting, web developing or online services in which the primary home-based use is for phone and office use. Artisans where goods are created and sold on site. Zones where it is allowed All residential and mixed-use zones Character Must not change character of dwelling unit Indoor Floor Area Maximum Must not exceed 25% of floor area of principal dwelling Welcome to Part 2 - Use Regulations. What's the Use? Bylaw 907 Village of Valemount Zoning Bylaw Page 18 of 114 Outdoor Storage Must be screened Maximum Non-Resident Employees 1 Client Visitation Less than 5 per day on average over the course of a month Deliveries not involve frequent or regular delivery of materials by a commercial vehicle (e.g. more than 1 per week); Minimum Parcel Size None Allowed in an Accessory Building Yes (subject to limits on area) Allowed in Accessory Dwelling Unit Yes (owner permission required on business license) Signage not give any exterior indication of its existence except by one (1) non-illuminated / non-electronic sign not exceeding 0.56m2 (6 ft2) in total area shall be permitted; Home-Based Businesses shall obtain the appropriate Business License from the Village. A Home Based Business 1 - Minor use, where permitted in a Zone of this Bylaw, shall: (a) be enclosed either within the Principal Building or Structure, or within an Accessory Building, or both; (b) Outdoor storage or display of goods or materials must be screened or enclosed within a building or structure. (c) Signage is subject to the other Village bylaws; (d) Inspections are not required unless by Local, Provincial or Federal Laws and Regulations; (e) No more than five (5) client visits per day on average over the course of a month; (f) not discharge or emit odorous, noxious or toxic matter or vapours, heat, glare, noise, radiation, or ground vibrations; and (g) not result in traffic congestion, electrical interference, fire hazard or other hazards. The maximum number of non-resident employees shall be one (1). The maximum floor area of Buildings and Structures in which the Home Based Business 1 - Minor must be contained shall not exceed 25% of the primary dwelling unit. 2.4 HOME-BASED BUSINESS 2 - MAJOR A Home-Based Business 2 - Major means an occupation or profession carried out in a dwelling unit, accessory dwelling unit, or a building accessory to a dwelling unit, primarily by Bylaw 907 Village of Valemount Zoning Bylaw Page 19 of 114 a permanent resident of the dwelling unit, where such occupation or profession is complementary to the residential use of the dwelling unit and subject to the following regulations. Summary of Home Based Business - 2 Major Regulations Short Definition Moderately sized home business or shop with employees or customers. Includes catering and personal services offered onsite Zones where it is allowed As identified in the Zones Character Must not change character of dwelling unit Indoor Floor Area Maximum Must not exceed 40% of floor area of principal dwelling Outdoor Storage must be screened. Maximum Non-Resident Employees 3 non-resident employees Client Visitation Allowed Minimum Parcel Size Minimum parcel size for some types of home businesses (See Table 3) Allowed in an Accessory Building Yes (subject to limits on area) Allowed in Accessory Dwelling Unit Yes A Home-Based Business 2 - Major use, where permitted in a Zone of this Bylaw, shall be in compliance with the following: (i) The business shall not interfere with the enjoyment or use of neighbouring properties; (ii) The business shall not discharge or emit noxious or toxic matter or vapours, heat, glare, noise, radiation, or ground vibrations such that they interfere with the use of neighbouring properties; (iii) Business activity shall be performed by person(s) residing in the dwelling. A maximum of three (3) non-resident employees may work at the residence. (iv) The maximum indoor floor area of Buildings and Structures used for the purpose of the Home-Based Business2 - Major shall be 40% of the total floor area used for the principal residential use on the parcel. See Table 1 below. Village of Valemount Zoning Bylaw Page 20 of 114 Table 1: Home Based Business 2 Floor Area Calculation Example Example Floor Area Calculation Table Use Total Area A Principal Residential Use (A) 1,000 ft2 of residential floor area in house B Accessory Use - HBB -Major 200 ft2 of shop space + 200 ft2 used for HBB in house = (B) 400 ft2 total HBB - Major space (B) Must be 40% or less of (A) (v) Clients are permitted on site on a daily basis; (vi) Outdoor storage yard or display of goods or materials must be screened or enclosed within a building or structure. (vii) The use shall not result in electrical interference, fire hazard or other hazards; (viii) A Fire Inspection is required to be completed prior to issuance of a Business License. All other inspections are required by Local, Provincial or Federal Laws and Regulations as applicable. (ix) Signage is subject to other Village bylaws; (x) One on-site parking space must be provided and the owner shall ensure sufficient parking is available off-street to meet the combined demand of residents, employees, customers and deliveries; and (xi) The business may operate between the hours of 7:00AM and 9:00PM. Home Occupation 2 - Major may include the following uses where the required condition(s) outlined in the Table 2 are met: Table 2: Home-Based Business Major Conditions of Use Use Conditions of Use - Personal Services (hair stylist, registered massage therapy, aesthetician, music lessons, etc.) - Catering - prep is on site in a commercial kitchen. (Offsite catering is not a home occupation) - Must obtain all required provincial approvals. - Must submit a floor plan showing the area of your home or accessory building to be used as a part of the business Village of Valemount Zoning Bylaw Page 21 of 114 2.5 ACCESSORY DWELLING UNITS (ADU) Figure 3: Accessory Dwelling Unit Types Purpose: Accessory dwelling units (ADUs) are encouraged in Valemount to assist with creating a variety of housing types for the Village's existing and future residents. ADUs are an affordable housing form that encourages infill and redevelopment on existing lots as well as promoting tourism and additional short-term overnight accommodations through local business. 2.6 DETACHED ACCESSORY DWELLING UNITS The following regulations apply to Detached Accessory Dwelling Units where permitted as a use in the Bylaw: (i) The maximum floor area of a Detached Accessory Dwelling Units shall not exceed the lesser of 100.0 m2 (1076 ft2) or 60% of the principal dwelling floor area. (ii) When a Detached Accessory Dwelling Units is located on a second storey of an Accessory Building the maximum building height shall be 6.0 m (19.68 ft.) and shall Village of Valemount Zoning Bylaw Page 22 of 114 not exceed the height of the principal building. (iii) The minimum separation between a principal Dwelling Unit and a Detached Accessory Dwelling Units shall be 3.0 metres. (iv) All Detached Accessory Dwelling Units shall be connected to the municipal sanitary sewer and water distribution system. (v) A maximum of one (1) Detached Accessory Dwelling Units is permitted per legal parcel. (Per Bylaw 907) (vi) Fire Inspections and all required Building Permits shall be obtained prior to occupancy. (vii) One (1) additional off-street parking space per Detached Accessory Dwelling Units is required in addition to those required for the principal Dwelling Unit. 2.7 ATTACHED ACCESSORY DWELLING UNITS - RESIDENTIAL The following regulations apply to Attached Accessory Dwelling Units (ADU) where permitted as a use in the Bylaw in residential zones: (a) An Attached Accessory Dwelling Units shall be located in one (1) Principal Single Detached Dwelling Unit. i. Notwithstanding 2.7.1 (a) above, an attached Accessory Dwelling Unit may be permitted in duplexes, townhouses, or rowhouses where the dwelling is a separate real estate entity, and is permitted by the applicable Zone in this Bylaw and BC Building Code. (b) A maximum of one (1) Attached Accessory Dwelling Units is permitted per legal parcel. (Per bylaw 907) (c) The maximum floor area of an Attached Accessory Dwelling Units shall be in accordance with the following table as it pertains to the ADUs shown on Figure 4: Accessory Dwelling Unit Types: ADU Type Maximum Floor Area EXISTING DWELLINGS OR BUILDINGS Interior Basement 100% of the basement floor area Interior (upper floor) 100% of the upper floor used for the ADU Interior -Existing (converted garage -must be existing prior to adoption of this bylaw) 100% of the main level garage Attached - Existing (above garage - must be existing prior to adoption of this bylaw) 100% of the main level garage floor area FOR NEW CONSTRUCTION Bylaw 858 Village of Valemount Zoning Bylaw Page 23 of 114 Attached (above garage) See below Attached (to principal dwelling) includes conversions of garages constructed after adoption of this bylaw. 100.0m2 (1076 sq. ft.) or 60% of the gross floor area of the main floor of the principal dwelling whichever is greater. (i) Attached Accessory Dwelling Units shall be connected to the municipal sanitary sewer and water distribution system. (ii) Fire Inspections and all required Building Permits shall be obtained prior to occupancy. (iii) Parking as per Section 3: Parking Space Requirements in this Bylaw. 2.8 ATTACHED ACCESSORY DWELLING UNITS - COMMERCIAL The following regulations apply to Attached Accessory Dwelling Units (ADU) where permitted as a use in the Bylaw in Commercial or Mixed-use Zones: (a) Attached Accessory Dwelling Units shall be located in the Principal Building on the site. (b) Attached Accessory Dwelling Units shall be connected to the municipal sanitary sewer and water distribution system. (c) Fire Inspections and all required Building Permits shall be obtained prior to occupancy (d) Parking as per Section 3: Parking Space Requirements in this Bylaw 2.9 SHORT-TERM VACATION RENTALS The following short-term vacation rental regulations may be subject to compliance with policies in the Official Community Plan. Short-Term Vacation Rental means the rental of a dwelling unit or a portion of a dwelling unit for less than 30 days. Short-Term Vacation Rental - Minor, means a Short-Term Vacation Rental of either: a) A portion of a single-detached or duplex principal dwelling unit (e.g. a room), or b) within an Accessory Dwelling Unit. Where expressly permitted within a Zone, a Short-Term Vacation Rental - Minor shall comply with the following regulations: a) The owner shall obtain a Business License for Short-Term Vacation Rental - Minor from the Village. b) There must be a long-term tenant occupying the principal dwelling unit whether it be the Bylaw 858 Bylaw 907 Village of Valemount Zoning Bylaw Page 24 of 114 property owner or a long-term rental. c) A maximum of one (1) Short Term Vacation Rental is permitted per parcel. d) No goods or services other than the rental of rooms is permitted. e) Signage subject to other Village bylaws. f) Parking requirements as per Section 3 of this Zoning Bylaw g) The owner / operator is responsible for compliance with all municipal, provincial and federal laws and regulations. h) The property must pass a Fire Inspection prior to issuance of a Business License. i) The provision of food services to guests (e.g. traditional B&B) shall only be provided if approval from the Health Authority is obtained and copies provided to the Village and a Business License is obtained from the Village. Short-Term Vacation Rental Major, means a Short-Term Vacation Rental of: a) an entire principal dwelling. Where expressly permitted within a Zone, a Short-Term Vacation Rental Major shall comply with the following regulations: a) The legal parcel shall be 1500m2 or greater. b) Short-Term Vacation Rental Major is the only Accessory use of the property and dwelling unit. c) A maximum of one (1) Short Term Vacation Rental is permitted per parcel. d) The owner shall obtain a business license for Short-Term Vacation Rental Major from the Village. e) No outdoor storage is permitted. f) A manager must be assigned for the Short-Term Vacation Rental Major and must provide a 24-hour contact phone number to the Village. g) The property must pass a Fire Inspection prior to issuance of a Business License. h) The owner / operator is responsible for compliance with all municipal, provincial and federal laws and regulations. i) Signage subject to other Village bylaws. j) Parking requirements as per Section 3 of this Zoning Bylaw k) No goods or services other than the rental of rooms is permitted. 2.10 CANNABIS RETAIL STORES No Cannabis Retail Store may operate within 200 metres of any school nor within 100 metres of any of the following site-specific locations, where children gather (distances are to Village of Valemount Zoning Bylaw Page 25 of 114 be measured from the exterior parcel line of the subject properties): 1. Centennial Park (1310 5th Avenue; Block 6 Plan PGP10449 District Lot 7356 Land District 05 EXC L1) 2. John Osadchuk Park (101 Dogwood Street; Block A D.L. 7355 Cariboo District, Except Plan PGP42857 and Plan PGP48091; PID: 015-366-324) 3. Valemount Community Hall (101 Gorse Street; Block A of the NE ¼ of D.L. 7354 Cariboo District, Except Plan PGP43828; PID: 004-360-567) 4. Valemount Curling Club (98 Elm Street; Lot 9 D.L. 7354 Cariboo District Plan 21237, Except Plans 23132 and PGP43828; PID 009-580-905) 5. Canoe Valley Recreation Centre (100 Elm Street; Lot 1 D.L. 7354 Cariboo District Plan PGP43828; PID: 024-468-240) 6. Valemount Public Library & Valemount Museum (1090 Main Street; Lot 11 D.L. 9778 Cariboo District Plan 2289, Except Plans H343 and 10662; PID: 004-197-488) A maximum of two Cannabis Retail Stores are permitted within the Village of Valemount. 2.11 SHIPPING CONTAINERS The placement of Shipping Containers is subject to all zoning regulations and in Development Permit Areas outlined in the Official Community Plan the development permit area guidelines also apply. A Shipping Container is considered an Accessory Building. A Shipping Container may be used for temporary storage subject to the following conditions: (i) The Shipping Container is only used during the construction of a building or development; (ii) All required permits have been obtained for construction of the building or development on the site; and (iii) The Shipping Container is removed within 15 days of the end of the construction period. A Shipping Container within all "R" or "C" zones used for permanent storage shall be subject to the following conditions: (i) the Shipping Container has a peaked roof with a minimum pitch of 2/12, unless a greater pitch is required as per a Development Permit Area within the Official Community Plan; (ii) the Shipping Container exterior shall be covered in a suitable material and colour that matches or complements adjacent buildings. Suitable materials include: vinyl siding, stucco, wood or engineered wood siding, stone or brick (or similar synthetic versions Village of Valemount Zoning Bylaw Page 26 of 114 of stone or brick). (iii) the Shipping Container adheres to the BC Building Code and to all enactments applicable to electrical and fire safety; (iv) the Shipping Container shall not be used for the housing of animals, storage of refuse, contaminated or hazardous material; (v) the Shipping Container shall not be used as fencing, screening, or for advertising; (vi) the Shipping Container (s) shall not be stacked; (vii) the Shipping Container shall not occupy required Off-Street Parking and Loading Spaces or interfere with the circulation of vehicle or pedestrians; (viii) the Shipping Container complies with regulations (e.g. setbacks, site coverage) within the Zone pertaining to accessory buildings; and *Additional bylaw regulations (e.g. site coverage maximum) may further restrict the maximum number of shipping containers. 2.12 ACCESSORY USE, BUILDINGS & STRUCTURES No Accessory Building or Structure shall be erected on any parcel unless the Principal Building to which the Accessory Building is an incidental Use has been erected or will be erected simultaneously with the Accessory Building. An Accessory Building shall not be located closer than 1.2 m from any Lane, except in the case of a Lane intersection where the provisions for Fences shall apply. The number of Accessory Buildings per parcel shall be regulated as follows: Table 3: Accessory Buildings Per Parcel Zone Maximum of Accessory Buildings Per Parcel RR1 No restrictions R1, R2 No restrictions R3 3 M1 No restrictions C1, C2 2 C3 3 C4 3 C5 2 Village of Valemount Zoning Bylaw Page 27 of 114 MHP Not applicable P1, P2 No restrictions ENV 2 The conditions for Accessory Buildings shall apply also to outdoor swimming pools, except that a) The swimming pool may not be located within any Front Yard. b) The swimming pool may not be located: i) closer than 1.5 m to any parcel line; and ii) closer than 1.5 m to the Principal Building. c) The swimming pool shall be located within a fenced yard or be surrounded by a Fence or equivalent barrier or not less than 1.8 m in height and has a gate closure and a latch. (per Bylaw 907) 2.13 MODULAR AND MOBILE DWELLINGS All Modular Home Dwellings and Mobile Home Dwellings shall meet Canadian Standard Association Z240 or A277 standards, and if it is a Mobile Home Dwelling, it must have a minimum Floor Area of 55 m2 and contain skirting covering the base of the Mobile Home Dwelling. The skirting shall be made of lumber, vinyl or metal which is painted or pre-finished so as to complement the Mobile Home Dwelling. Skirting shall be installed within 60 days of installation of a mobile home on the lot and shall have two easily removeable panels for access, a minimum of 4 feet wide, one providing access to the area enclosed by the skirting for inspecting or servicing the service connections to the mobile home. Such an access panel shall be located close to the point at which such services are located under the mobile home, and the other providing access to the area enclosed by the skirting for storage. Skirting shall be factory prefabricated or of equivalent quality and shall be painted or prefinished so that the design and structure shall complement the main structure. Skirting shall have two screen openings, each with a minimum area of two square feet, for the purpose of providing cross ventilation beneath the mobile home. Additions to Modular Home Dwellings and Mobile Home Dwellings shall not exceed 100% of the total floor area of the Modular Home Dwelling and Mobile Home Dwelling to which it is attached. All additions must also comply with the B.C. Building Code. Village of Valemount Zoning Bylaw Page 28 of 114 2.14 SERVICE STATIONS All Service Stations shall be subject to the following conditions: a) Screening that is not less than 1.0 m in height shall be provided and properly maintained along any boundary of the parcel which abuts a parcel in any Residential Zone. b) Gasoline service pumps or pump islands shall be located not closer than 4.5m to any parcel line. c) All servicing equipment, other than that normally carried on a pump island, shall be entirely enclosed within a building. Village of Valemount Zoning Bylaw Page 29 of 114 Part 3 Parking 3 Parking 3.1 APPLICATION OF REGULATIONS Space for the off-street parking and loading of motor vehicles in respect of a building, structure or use permitted under this Bylaw shall be provided and maintained in accordance with the regulations of this section. Where access is required to any Highway under the jurisdiction of the Ministry of Transportation and Infrastructure, the number, size and layout of off-street parking spaces shall be in accordance with Ministry of Transportation and Infrastructure standards and specifications. 3.2 EXEMPTIONS The regulations contained in this section shall not apply to Buildings, Structures and uses existing on the effective date of this Bylaw. Nothwithstanding 3.2.1 above, the parking regulations of the Bylaw found in Section 3 shall apply where: a) there is a physical addition to an existing Building or Structure that exceeds 10% of the existing Floor Area; or b) there is a change in the Principal Use. 3.3 NUMBER OF PARKING SPACES The number of Off-Street Parking Spaces for motor vehicles required for any use is calculated according to Table 6: Parking Space Requirements of this Section. The number of off-street Loading Spaces is calculated according to Table 7: Loading Space Requirements of this Section. In respect of a use permitted under this Bylaw which is not specifically referred to in Tables 6and 7, the number of off-street parking and loading spaces is calculated on the basis of the requirements for a similar use that is listed in Table 6 and Table 7. Where the calculation of the required off-street parking and loading spaces results in a Welcome to Part 3 Parking. Beep Beep! Village of Valemount Zoning Bylaw Page 30 of 114 fraction, one parking or loading space shall be provided in respect of the fraction. Where the number of employees is used as a unit of measurement, it shall mean the greatest number of persons at work, at any time of the day or night in a particular Building or for a particular use during any season of the year. Where seating accommodation is used as, or is the basis for, a unit of measurement, and such accommodation consists of benches, pews, booths, and the like, each 0.5 m (18 inches) of width of such seating accommodation shall be counted as one seat. Where more than one use is located on a parcel, the total number of parking or loading spaces to be required shall be the sum total of the requirements for each use. Where more than one use is located in a Building, the total number of Parking Spaces to be required may recognize the mix of uses and determine the number of spaces required based on the various portions of the Building dedicated to each use. Where more than one standard may apply to a use, the standard requiring the greatest number of Parking Spaces shall be used. 3.4 PARKING SPACES - LOCATION AND SITING Off-street Parking Spaces shall comply with the minimum setbacks specified in Section 1.8 of this Bylaw. Unless specified elsewhere, all off-street Parking Spaces shall be located on the same parcel as the Building, business, or use they serve. Notwithstanding Section 3.4.2 above, in the C1 and C2 zones, off-street Parking Spaces may be located on another parcel within 125 m of the Building or use they serve, conditional upon: (i) Legal assurances being established to ensure the Parking Spaces are used only for the parking serving the subject Building or use; and (ii) Where more than one business or use proposes to use the same Parking Area, Parking Spaces may be provided for collectively if the total number of spaces provided is not less than the total of the separate requirements for each business or use. In addition to Section 3.4.3 above, within the C3 and C4 zones, off-street Parking Spaces within a Front Yard shall be subject to the following: (i) Parking Spaces must be no closer than 2 m from the Front Parcel Line, the Exterior Side Parcel Line, and any Interior Side Parcel Line that abuts an "R" zone. (ii) The entire setback area between parcel lines and Parking Spaces shall contain Landscaping. Village of Valemount Zoning Bylaw Page 31 of 114 Off-Street Parking Spaces within a Rear Yard shall not be closer to an Exterior Side Parcel Line than is permitted in the Side Yard. 3.5 LOADING SPACES - LOCATION AND SITING Off-street loading spaces shall be located on the same parcel as the use they serve. Off-street loading spaces for any commercial use along 5th Avenue shall not be located within the Front Yard. Off-street loading spacesfor commercial uses outside of 5th Avenue should not be located within the Front Yard, but may be permitted in the Front Yard if the site does not permit a logical loading space in the rear or side yards. Off-street loading spaces shall not be located closer than 7.5 m to the nearest point of intersection of any two street or lane allowances. All loading areas must be hard surfaced and drained such that all water is contained on the parcel or is directed to a municipal drainage system or to a natural drainage course. 3.6 USE OF PARKING FACILITIES Required off-street Parking Spaces shall not be used for off-street loading, driveways, commercial repair work, display, sale or storage of goods of any kind. 3.7 ACCESSIBLE PARKING SPACES Accessible Parking Spaces shall be provided in accordance with the following table: Table 4: Accessible Parking Space Requirements Total Parking Spaces Required # of stalls Accessible Parking Spaces Required 1-20 1 21-40 2 41-60 3 >60 1 per 25 spaces - rounding up to the nearest whole number Village of Valemount Zoning Bylaw Page 32 of 114 3.8 PARKING AREAS - DESIGN STANDARDS The following minimum standards shall be met for all parking lot design for multi-unit residential buildings, commercial, industrial and institutional developments. Off-Street Parking Areas should provide signage for pedestrians indicating the safest and most efficient route through the Parking Area. Off-Street Parking Areas and Off-Street Loading Areas should be illuminated. Light fixtures shall be designed to minimize light pollution and the amount of light falling onto abutting properties. Light fixtures shall be located along primary pedestrian corridors to promote the safety of those utilizing parking lots. All Parking Areas comprised of four (4) or more Parking Spaces, and every access road to the required Parking Areas, shall be hard surfaced with paving materials and drained such that all water is managed on the Lot or is directed to a municipal drainage system or to a natural drainage course. All Parking Areas and Loading Areas shall be provided with adequate curbs or other barrier(s) in order to retain all vehicles within such permitted parking area and to ensure that required fences, wall, hedges or landscaped areas, as well as any Buildings, will be protected from parked vehicles. The following minimum standards shall be met for all parking spaces and parking area Village of Valemount Zoning Bylaw Page 33 of 114 design. A B C D Width of Stall (metres) Angle of Parking (degrees) Width of Aisle (metres) Depth of Stall (metres) 2.6 (8.5 ft.) 0 / Parallel N/A 7.0 (23 ft.) 2.6 30 3.1 5.5 (18 ft.) 2.6 45 3.7 5.5 2.6 60 5.2 5.5 2.6 90 7.3 5.5 (i) When a Parking Space adjoins a fence or Structure over 0.3 m in height, the width of the Parking Space shall be increased by 0.3 m on the side or sides which abut such fence or Structure to enable the opening of vehicle doors. 3.9 INGRESS AND EGRESS All points of ingress and egress (e.g. driveways) to a Parking Area or to a Loading Area shall be subject to the approval of the Superintendent of Public Works or their designate. 3.10 DRIVEWAY REQUIREMENTS All new points of ingress and egress (including driveways) to a highway or road that is under provincial jurisdiction shall be subject to the approval and an access permit from the Ministry of Transportation and Infrastructure. Where a road is not under provincial jurisdiction and is within Village jurisdiction all new Village of Valemount Zoning Bylaw Page 34 of 114 points of ingress and egress (including driveways) to a public road or laneway to a property shall be subject to the approval of the Superintendent of Public Works or their designate. 3.11 VOLUNTARY ESTABLISHMENT OF PARKING AREAS Where Off-Street Parking Areas and Off-Street Loading Areas are provided when not required, the location, design and operation of such facilities must comply with the regulations and standards of this section. 3.12 MUNICIPAL PARKING RESERVE FUND Notwithstanding Section 3.13 Parking Space Requirements, a development may be permitted to pay cash-in-lieu of providing the required number of off-street parking spaces. Cash-in-lieu payment for parking space requirements shall comply with the following: (a) The payment amount shall be determined by multiplying the number of parking stalls required as per Section 3.13 Parking Space Requirements in this Bylaw with the cash in-lieu per parking space amount as specified in a Village bylaw; (b) The monies shall be placed in the Village's Parking Facilities Reserve Fund; (c) In the ENV and RR1, R1 and R2 zones cash-in-lieu is not permitted. (d) In the R3 zone cash-in-lieu may only be permitted for an Apartment Dwelling and may not exceed 15% of the total required parking spaces specified in Section 3.13. (e) In the C1, C2, C3, and C5 zones cash-in-lieu may not exceed 85% of the total required parking spaces specified in Section 3.13. (f) In the M1 and C4 zones cash-in-lieu may not exceed 15% of the total required parking spaces specified in Section 3.13. (g) In the P1 and P2 zones cash-in-lieu may not exceed 50% of the total required parking stalls specified in Section 3.13. Village of Valemount Zoning Bylaw Page 35 of 114 3.13 PARKING SPACE REQUIREMENTS Off-Street Parking Spaces for each Building, Structure, or use must be provided in accordance with the following Table 6: Off-Street Parking Requirements. Where a proposed use is not specifically listed the development shall conform to the standard of a similar use in Table 6 at the discretion of the Village: Table 5: Off-Street Parking Requirements USE MINIMUM PARKING SPACE REQUIREMENTS Residential (R) Uses - Dwelling, Single-Detached; Dwelling, Two-Unit where the floor area is less than 125m2 (1345 sq. ft.) - 1 per Dwelling Unit - Dwelling, Single-Detached; Dwelling, Two-Unit where the floor area is 125m2 (1345 sq. ft.) or greater - 2 per Dwelling Unit - Dwelling, Accessory Unit50 m2 (538 sq. ft.) of floor area or less - 1 per Dwelling Unit - Dwelling, Accessory Unit >50 m2 (538 sq. ft.) of floor area - 2 per Dwelling Unit - Dwelling, Multi-Unit (6 units or less) - 1 per Dwelling Unit - Dwelling, Multi-Unit (more than 6 units) - 1 per Dwelling Unit plus 1 guest parking space per 6 units - Home Based Business - Major - 1 space - Affordable Housing (where an affordable housing covenant is registered on title) - 0.5 per Dwelling Unit - Senior Citizen Home - 1 per 3 Dwelling Units - Short Term Vacation Rentals - One dust free parking space per two (2) bedrooms Commercial (C) Uses - Commercial Uses o Retail Stores / Banks / Bakery - 1 space per 40 m² of total Floor Area o Office - 1 space per 40 m² of total Floor Area Village of Valemount Zoning Bylaw Page 36 of 114 o Personal Services (beauty parlor/barber shop) - 1 space per 40 m² of total Floor Area o Microbrewery (without lounge and/or outdoor patio) - 1 space per 40 m² of total Floor Area o Microbrewery (with lounge and/or outdoor patio) - 1 per 4 seats on the premises o Restaurant - Eat In - 1 per 4 seats o Restaurant - Take out - 1 space per 40 m² of total Floor Area o Service / Repair Shop - 1 space per 40 m² of total Floor Area o Tourist Accommodation / Hotel / Motel - 1 per guestroom plus 1 per 2 employees o Service Station - 1 per service bay - Institutional / Public Uses o Cultural Facility / Community Hall / Arena / Rec Centre - 1 space per 30 m² of total Floor Area o Theatre - 1 per 10 seats o Church - 1 per 5 seating places Industrial (I) Uses - General Parking Regulation: - 1 per each 90 m2 (968 ft2) of gross Floor Area + 1 per each 90 m2 (968 ft2) of display, rental, or retail Floor Area Exceptions to the general regulation: - Warehousing and storage buildings - 1 per each 190 m2 of gross Floor Area+ 1 per each 90 m2 of retail sale Floor Area 3.14 LOADING SPACES - DESIGN STANDARDS Each off-street loading space required by this Bylaw shall not be less than 2.5 m in width and 9m in length. In no case shall the length of the loading space be such that a vehicle in the process of loading or unloading shall project into any highway (including roads and Lanes). Off-Street Loading Spaces for each Building, Structure, or Use must be provided in accordance with the following table: Village of Valemount Zoning Bylaw Page 37 of 114 Table 6: Loading Space Requirements USE LOADING SPACE REQUIREMENTS (MINIMUMS) All Commercial and Industrial uses with a Floor Area of: - less than 1000 m2 - 0 spaces required (1 space recommended) - Greater than 1000 m2 and less than 2500 m2 - 1 space (2 spaces recommended) - more than 2500 m2 - 2 spaces All Public and Institutional uses with a Floor Area of: - 3,000 m2 or less - 1 space - more than 3,000 m2 - 2 spaces Village of Valemount Zoning Bylaw Page 38 of 114 Part 4 Flood Mitigation 4 Flood Mitigation DESIGNATED FLOODPLAIN AREAS Pursuant to the Local Government Act, areas of the Village of Valemount designated as floodplain are those portions of the land within the floodplain setback specified in Section 4.1.2, and those portions of land lower than the Flood Construction Level specified in Section 4.1.3. SETBACK REQUIREMENTS Notwithstanding any other provisions of this Bylaw, no Building, Mobile Home Dwelling, Modular Home Dwelling or Structure or any part thereof shall be constructed, reconstructed, moved, extended or located: within 30 m of the Natural Boundary of Swift Creek; within 7.5 m of the Natural Boundary of a lake, wetland, or pond or any Structure for flood protection or seepage control or of any dike right-of-way; within 15 m of the Natural Boundary of any other Watercourse. ELEVATION REQUIREMENTS Notwithstanding any other provisions of this Bylaw, no Building, Mobile Home Dwelling, Modular Home Dwelling or Structure, or any part thereof shall: be constructed, reconstructed, moved, extended or located with the underside of a wooden floor system; or the top of a concrete slab of any area used for habitation, business, or storage of goods damageable by floodwaters; or in the case of a mobile home or unit the ground level or top of the concrete or asphalt Pad on which it is located, be lower than 1.5 m above the Natural Boundary of Swift Creek, or lake, wetland, pond or any other Watercourse. Welcome to Part 4, the Flood section! Raindrops keep falling on my head. Village of Valemount Zoning Bylaw Page 39 of 114 The required elevation may be achieved by structural elevation of the said habitable, business, or storage area or by adequately compacted landfill on which any Building is to be constructed or Mobile Home Dwelling or unit located, or by a combination of both structural elevation and landfill. No area below the required elevation stated in Section 4.1.4 above shall be used for the installation of furnaces or other fixed equipment susceptible to damage by floodwater. Where landfill is used to achieve the required elevation stated in Section 4.1.4 above, no portion of the landfill slope shall be closer than the distances in Section 4.1.3 from the Natural Boundary, or the inboard toe of any Structure for flood protection or seepage control, or the inboard side any dike right-of-way, and the face of the landfill slope shall be adequately protected against erosion from flood flows, wave action, ice or other debris. Foundations of construction in Alluvial Fan areas shall be designed by a Professional Engineer to ensure that Structures are anchored to minimize the impact of flood, sediment and erosion damage; footings are extended below scour depth, or fill materials are armored where elevation is achieved by fill, to protect against scour, erosion and flood flows. EXEMPTIONS Section 4.1.2 shall not apply to: (a) a renovation of an existing Building or Structure that does not involve an addition thereto; or an addition to a Building or Structure that would increase the size of the Building or Structure by less than 25 percent of the Floor Area existing at the date of adoption of this Bylaw provided that the degree of non-conformity regarding setback is not increased; (b) that portion of a Building or Structure to be used as a carport or garage; farm buildings other than Dwelling Units and closed sided livestock housing. Farm Dwelling Units on parcel sizes 8.1 ha or greater and within the Agricultural Land Reserve are exempted from the requirements of Section 4.1.2 but if in a floodable area shall be elevated 1 m above the natural ground elevation. Close sided livestock housing behind Standard Dikes as approved by the Ministry of Environment, Lands & Parks is exempted from the requirement to floodproof but if not behind Standard Dikes shall be elevated 1 m above the natural ground elevation; (c) on-loading and off-loading facilities associated with water-oriented industry and portable sawmills. Main electrical switch gear shall be placed above the Flood Construction Level. DISCLAIMER OF LIABILITY The purpose of these conditions is to reduce the risk of injury, loss of life, and property damage due to flooding and erosion. However, the Village of Valemount does not represent to the owner or any other person, that any Building constructed or Mobile Home Dwelling, Modular Home Dwelling or unit located in accordance with the flowing conditions will not Village of Valemount Zoning Bylaw Page 40 of 114 be damaged by flooding or erosion. DEVELOPMENT VARIANCE There is provision in this bylaw for the possible reduction of these setbacks and elevations through a Development Variance permit, especially in the case where it is impossible to meet the siting requirements due to the size, shape or topography of a parcel. Village of Valemount Zoning Bylaw Page 41 of 114 Part 5 Zones 5 Zones 5.1 ESTABLISHMENT OF ZONES The location of the Zones established by this Bylaw are as shown on the signed and dated copy of the Zoning Map of the Village of Valemount, which is found in Part 7 of this Bylaw. Where a parcel is divided by a Zone boundary, the areas created by such divisions are deemed to be separate parcels for the purpose of determining the regulations and requirements of this Bylaw, except that setbacks between Zones are not required unless the parcel is capable of being subdivided along that Zone boundary. Except as shown on the Zoning Map in Part 7 of this Bylaw: (i) Where a Zone boundary is designated as following a Highway or watercourse, the centerline of the Highway or watercourse is the Zone boundary; and (ii) Where a Zone boundary does not follow a legally defined line, and where distances are not specifically indicated, the location of the boundary is determined by the Zoning Map to the centre of each zoning line. For the purposes of this Bylaw the Village of Valemount is hereby divided into the following zones: Short Title Zone Title Category Purpose ENV Environmental Environmental / Rural Protection of environmental areas RR1 Rural Residential Rural To accommodate rural residential living with no (or partial) municipal water or sewer services. Welcome to Part 5 Zones. Just don't split zone me. Village of Valemount Zoning Bylaw Page 42 of 114 R1 Residential - Large Lot Residential Fully serviced large residential lots R2 Residential - Single & Two-Unit Residential Fully serviced residential lots in the traditional Village areas. R3 Residential - Neighbourhood- Oriented Multi-Unit Residential Multi-unit development that is designed to fit into an existing neighbourhood. MHP Manufactured Home Park (Per Bylaw 881) Residential To accommodate Manufactured Home Parks C1 Village Centre Mixed Use Commercial & Residential A mix of commercial and residential land uses to create a vibrant Village Centre C2 Village Centre Fringe Mixed Use Commercial & Residential A mix of residential and commercial land uses in the vicinity of the Village Centre. C3 Main Street (Railtown) Mixed Use Commercial & Residential An area that focuses on creative industries, commercial opportunities and complementary residential uses C4 Highway & Tourist Commercial Commercial A tourist focused gateway area with a focus on commercial land uses C5 Neighbourhood Mixed Use Employment & Residential An innovative zone that allows for a flexible mix of employment and residential opportunities. M1 Light Industrial Industrial To facilitate economic development on larger parcels of land that are separated from residential land uses. P1 Parks & Recreation Public Public parks, open spaces and recreation areas. P2 Public - Institutional Public Public land uses focused on government services, utilities and infrastructure and selective institutional uses. CD1 Comprehensive Development Zone Residential Site specific zoning for a comprehensive residential development on a large parcel of land. Village of Valemount Zoning Bylaw Page 43 of 114 ENV Environmental 5.2 ENV - ENVIRONMENTAL Purpose: To accommodate and preserve rural, wilderness, and sensitive landscapes. Permitted Uses: Within the ENV - Environmental Zone, the following uses only shall be permitted: (a) Agriculture (b) Dwelling, Single Detached (c) Greenhouse Operation (d) Outdoor Recreation Facility (e) Public Works & Utilities Site Specific Permitted Uses: (a) Campground is permitted on Lot 1 District Lot 7356 Cariboo District Plan 25545 Except Plan 30454 (1340 Main Street) Accessory uses Within the ENV - Environmental Zone, the following accessory uses are permitted: (a) Dwelling, Attached Accessory Unit - Residential1 (per Bylaw 858) (b) Dwelling, Detached Accessory Unit (c) Home Based Business 1 - Minor 2 (d) Home Based Business 2 - Major 2 (e) Short Term Vacation Rental - Minor3 (per Bylaw 907) (f) Short Term Vacation Rental - Major3 (per Bylaw 907) Bylaw 914 Village of Valemount Zoning Bylaw Page 44 of 114 (g) Other uses, buildings and structures accessory to a permitted use 1 See Sections 2.5, 2.6 and 2.7 for detailed Accessory Dwelling Unit regulations. 2 See Sections 2.2, 2.3 and 2.4 for detailed Home-Based Business regulations. Density No more than one (1) Single-Detached Dwelling shall be permitted on a parcel in this zone. Parcel Area No parcel shall be created in this zone which is less than the following minimum parcel area: Minimum Parcel Area (a) All parcels and uses 10.0 ha (24.7 acres) Setbacks The following minimum setbacks apply to buildings in this zone: Yards Principal Building Accessory Building (a) All yards (front, rear & all sides) 6.0m minimum 10.0m minimum Maximum Height The following maximum height shall apply to buildings in this zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) 10.5m (34.45 ft.) Maximum Lot Coverage The following maximum lot coverage shall apply in this zone: Use Maximum Lot Coverage (a) All buildings combined (including principal and accessory buildings) 10% Fencing and Screening Village of Valemount Zoning Bylaw Page 45 of 114 As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 46 of 114 RR1 Rural Residential 5.3 RR1 - RURAL RESIDENTIAL Purpose: To accommodate rural residential living with no or partial municipal water or sewer services. Permitted Uses: Within the RR1 - Rural Residential, the following uses only shall be permitted: (a) Agriculture, permitted on lots lying west of Highway No. 5 (b) Dwelling, Single-Detached (c) Dwelling, Two-unit (d) Equestrian Centre (e) Farmers Market (f) Greenhouse Operation (g) Market Garden (h) Outdoor Recreation Facility (i) Veterinary Clinic Site Specific Permitted Uses a) Two Single-Detached Dwellings permitted on the following lots: (i) Lot 2, District Lot 7356 and 9778 Cariboo District Plan 27373 Except Plan 27716 (1292 Juniper Street) (ii) Lot 3 District Lot 7354 Cariboo District Plan 27338 (1430 King Road) b) A Short Term Vacation Rental (STVR) use is permitted in addition to the existing residential use on Lot 3 District Lot 7354, Cariboo District Plan 27338, PID 006-605-010 (1430 King Road). One STVR will be permitted per parcel. Combined uses will not be permitted in a residence where there is a STVR use. Accessory Uses Village of Valemount Zoning Bylaw Page 47 of 114 Within the RR1 - Rural Residential Zone, the following accessory uses are permitted: (a) Dwelling, Attached Accessory Unit - Residential1 (per Bylaw 858) (b) Dwelling, Detached Accessory Unit (c) Home-Based Business 1 - Minor 2 (d) Home-Based Business 2 - Major 2 (e) Short-Term Vacation Rental - Minor 3 (f) Accessory uses, buildings and structures 4 1 See Sections 2.5, 2.6 and 2.7 for detailed Accessory Dwelling Unit regulations. 2 See Sections 2.2, 2.3 and 2.4 for detailed Home-Based Business regulations. 3 See Section 2.8 on Short-Term Vacation Rentals 4 See Section 2.11 Accessory Use, Buildings and Structures Conditional Uses (a) Short Term Vacation Rental - Major Minimum parcel size 1500 m2 (16,146 sq. ft.) or as an Accessory use within an attached Accessory Dwelling Unit (b) Equestrian Centre Parcel must be greater than 2.0 ha (5 ac) (c) Guiding or Tourism Lodge Parcel must be greater than 2.0 ha (5 ac) and must have municipal water servicing (d) Manufactured & Mobile Homes See detailed conditions for Manufactured and Mobile Homes in Section 2.12: Use Regulations. - Note: the minimum building width in this Zone is 6m (see 5.3.10). Parcel Area No parcel shall be created in this zone which is less than the following minimum parcel area: Minimum Parcel Area (a) All parcels 1.0 ha (2.47 acres) Setbacks The following minimum setbacks apply to buildings in this zone: Setback Principal Building Accessory Building (a) Front 7.6m minimum Equal to or greater than principal building Village of Valemount Zoning Bylaw Page 48 of 114 (b) Rear 4.5m minimum 4.5m minimum (c) Interior side lot line 4.5m minimum 4.5m minimum (d) Exterior side lot line 4.5m minimum 4.5m minimum Maximum Height The following maximum height shall apply to buildings in this zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) 6.0m (19.69 ft.) Maximum Lot Coverage The following maximum lot coverage shall apply in this zone: Use Maximum Lot Coverage (a) All buildings combined (including principal and accessory buildings) 10% Additional Regulations The following additional regulations shall apply in this zone: Topic Regulation (a) Minimum Building Width of Single-Detached Dwellings 6m (b) Minimum Floor Area of Single Detached Dwellings 55 m2 Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 49 of 114 R1 RESIDENTIAL - LARGE LOT 5.4 R1 - RESIDENTIAL - LARGE LOT Purpose To accommodate residential development on large fully serviced lots with potential for tourist accommodations. Permitted Uses Within the R-1 Residential-Large Lot, the following uses only shall be permitted: (a) Dwelling, Single-Detached (b) Dwelling, Two-unit Accessory Uses (a) Accessory uses, buildings and structures 1 (b) Dwelling, Attached Accessory Unit - Residential 2 (per Bylaw 858) (c) Dwelling, Detached Accessory Unit (d) Home Based Business 1- Minor 3 (e) Home Based Business 2 - Major 3 1 See Section 2.11 Accessory Use, Buildings and Structures 2 See Sections 2.5, 2.6 and 2.7 for detailed Accessory Dwelling Unit regulations. 3 See Sections 2.2, 2.3 and 2.4 for detailed Home-Based Business regulations. Conditional Uses (a) Short Term Vacation Rental - Major (b) Short Term Vacation Rental - Minor *May be subject to limitations within the Official Community Plan Density (a) No person shall site more than one (1) Single-Detached Dwelling or one (1) Two-Unit Dwelling on a parcel in this zone. Village of Valemount Zoning Bylaw Page 50 of 114 Parcel Servicing Requirements (a) No parcel shall be created in the R-1 zone which is not fully serviced with municipal piped water and sewer servicing. Minimum Parcel Area Requirements The following minimum parcel area shall apply in the R-1 zone. No parcel in the R-1 zone shall be created which is less than the minimum parcel area stated below. (a) Single-Detached Dwelling Minimum parcel area shall be less than 700 m2 (7,534.74 ft2). (b) Dwelling, Two-unit (on one parcel) Minimum parcel area shall be less than 930 m2 (10,010.4 ft2). (c) Dwelling, Two-unit (divided into two separate parcels with common interior wall) Minimum parcel area shall be less than 465 m2 (5,005 ft2) per parcel. Parcel Dimensions The following minimum parcel dimensions shall apply in the R-1 zone: Parcel Description Regulation (a) Dwelling, Single-Detached parcel Minimum Parcel Width - 20m (65.6 ft.) (b) Dwelling, Two-unit parcel Minimum Parcel Width - 22m (65.6 ft.) (11m per lot if divided into two parcels) (c) All Parcels Minimum Parcel Length - 30m (98.4 ft.) Setbacks The following minimum setbacks apply to buildings in the R-1 zone: Setback Principal Building Accessory Building Detached Accessory Dwelling Unit (a) Front 6.0m minimum Equal to or greater than principal building Equal to or greater than principal building (b) Rear 6.0m minimum 1.0m minimum 3.0m minimum (c) Interior side lot line 2.0m minimum 1.0m minimum 2.0m minimum (d) Exterior side lot line (for corner lots) 3.0m minimum 3.0m minimum 3.0m minimum Bylaw 907 Village of Valemount Zoning Bylaw Page 51 of 114 Where a Two-Unit Dwelling is divided into two separate parcels, the minimum Interior Side Parcel Line Setbacks shall not apply where there is a common wall shared between the Dwelling Units. Maximum Site Coverage The following maximum site coverage shall apply in the R-1 zone: Site Coverage (a) Total site coverage of all dwellings, buildings and structures on a parcel 40% (b) Accessory Buildings Site coverage of all accessory buildings shall not exceed 80% of the principal dwelling. Maximum Height The following maximum height shall apply to buildings in the R-1 zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) 6.0m (19.68 ft.) Additional Regulations The following additional regulations shall apply in this zone: Topic Regulation (a) Minimum Building Width of Single-Detached Dwellings 6.0 m (19.68 ft) (b) Minimum Floor Area of Single-Detached Dwellings 93 m2 (1001 sq. ft) Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 52 of 114 R2 RESIDENTIAL - SINGLE & TWO-UNIT 5.5 R2 - RESIDENTIAL - SINGLE & TWO-UNIT Purpose: To accommodate fully serviced residential development in the form of single-detached and two-unit dwellings. Permitted Uses Within the R-2 Residential-Single & Two Unit, the following uses only shall be permitted: (a) Dwelling, Single-Detached (b) Dwelling, Two-unit Site Specific Uses Permitted: (a) A maximum of two Single detached Dwellings are permitted on Lot 2, District Lot 7356, Cariboo Plan PGP 10406 (1363 3 Avenue), and no Short Term Vacation Rental use shall be permitted on this property. (b) The following regulations apply specifically to Lot 2, District Lot 7356, Cariboo Plan PGP 10406 (1363 3 Avenue) (i) The minimum Floor Area of the smaller Single-Detached Dwelling is 37 m2. (ii) The minimum Rear Parcel Setback is 1.8 meters. (iii) Only one Accessory Building is permitted to a maximum Floor Area of 50% of the smaller Single-Detached Dwelling (iv) Only one Attached Accessory Dwelling Unit is permitted and is subject to the regulations set out in this Bylaw. (c) Two Single-Detached Dwellings are permitted on the following legal parcels: (i) Lot 15, District Lot 7355, Cariboo District Plan 23725 (935 Beavan Crescent) (ii) Lot 1, District Lot 7356 Cariboo District Plan 10351 (1303 Dogwood Street) (d) Short Term Vacation Rental - Major is permitted on Parcel E (Being a Consolidation of Lots 50 And 51, (See CB2114269) District Lot 7355 Cariboo District Plan 26762 (1015 14th Avenue). Bylaw 913 Village of Valemount Zoning Bylaw Page 53 of 114 Accessory Uses (a) Accessory uses, buildings and structures 1 (b) Dwelling, Attached Accessory Unit - Residential 2 (per Bylaw 858) (c) Dwelling, Detached Accessory Unit (c) Home Based Business 1- Minor 3 (d) Home Based Business 2 - Major 3 1 See Section 2.11 Accessory Use, Buildings and Structures 2 See Sections 2.5, 2.6 and 2.7 Accessory Dwelling Units 3 See Section 2.2, 2.3 Home Based Business 1 - Minor and 2.4 Home Based Business 2 - Major Conditional Uses (a) Dwelling, Mobile shall be less than 20 years old. (b) Short Term Vacation Rental - Minor 1 1 See Section 2.8 Short Term Vacation Rentals *May be subject to limitations within the Official Community Plan (a) Minimum Building Width of Single-Detached Dwellings 4.75m Density (a) A maximum of three Dwelling Units per parcel shall be permitted in the R-2 zone if developed in the following ways: (i) One Single-Detached Dwelling plus one Attached Accessory Dwelling Unit and one Detached Accessory Dwelling Unit; (ii) One Two-Unit Dwelling plus one Attached Accessory Dwelling Unit or one Detached Accessory Dwelling Unit (iii) [Semi-detached dwelling unit] One side of a Two-Unit Dwelling on an individual parcel plus one Attached Accessory Dwelling Unit and one Detached Accessory Dwelling Unit. Parcel Servicing Requirements Bylaw 907 Village of Valemount Zoning Bylaw Page 54 of 114 (a) No parcel shall be created in the R-2 zone which is not fully serviced with municipal piped water and sewer servicing. Minimum Parcel Area Requirements (a) Dwelling, Single-Detached Minimum parcel area shall be 375 m2 (4,036 ft2). (b) Dwelling, Two-Unit (on one parcel) Minimum parcel area shall be 500 m2 (5,382 ft2). (c) Dwelling, Two-Unit (divided into two separate parcels with common interior wall) Minimum parcel area shall be 250 m2 (2691 ft2) per parcel. Lot Dimensions The following minimum lot dimensions shall apply in the R-2 zone: Lot Dimension Regulation (a) Dwelling, Single-detached lot Minimum Lot Width - 10.00m (32.80 ft.) (b) Dwelling, Two-unit lot Minimum Lot Width - 15.24m (50 ft.) (11m per lot if divided into two parcels) (c) Minimum Lot Length 25m (82 ft.) Setbacks The following minimum setbacks apply to buildings in the R-2 zone: Setback Principal Building Accessory Building Detached Accessory Dwelling Unit (a) Front 4.0m minimum Equal to or greater than principal building Equal to or greater than principal building (b) Rear 4.0m minimum 1.0m minimum 3.0m minimum (c) Interior side lot line 2.0m minimum 1.0m minimum 2.0m minimum (d) Exterior side lot line 3.0m minimum 3.0m minimum 3.0m minimum Where a Two-Unit Dwelling is divided into two separate parcels, the minimum Interior Side Parcel Line Setbacks shall not apply where there is a common wall shared between the Dwelling Units. Bylaw 907 Village of Valemount Zoning Bylaw Page 55 of 114 Maximum Site Coverage The following maximum site coverage shall apply in the R-2 zone: Site Coverage Maximum Site Coverage (a) Total site coverage of all dwellings, buildings and structures on a lot 50% (b) Accessory buildings Site coverage of all accessory buildings shall not exceed 80% of the principal dwelling. Maximum Height The following maximum height shall apply to buildings in the R-2 zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) First Storey - 5.0m (16.4 ft.) Second Storey - 6.0m (19.68 ft.) Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 56 of 114 R3 RESIDENTIAL - MULTI-UNIT 5.6 R3 - RESIDENTIAL - MULTI-UNIT Purpose: To accommodate multi-unit development that is designed to fit into existing or new neighbourhoods. Permitted Uses Within the R-3 Residential-Multi-Unit Zone, the following uses only shall be permitted: (a) Dwelling, Apartment (b) Dwelling, Townhouse (c) Seniors Residential Care Accessory Uses (a) Home Based Business 1- Minor 1 (b) Other uses, buildings and structures accessory to a permitted use 1 See Section 2.3 Home Based Business 1 - Minor Density A maximum density of 125 dwelling units per hectare is permitted. Parcel Servicing Requirements No parcel shall be created in the R-3 zone which is not fully serviced with municipal piped water and sewer servicing. Parcel Area Requirements The following minimum lot dimensions shall apply in this zone: Type of Use Minimum Parcel Area (a) Dwelling, Apartment 1,000 m2 (10,764 sq. ft.) Village of Valemount Zoning Bylaw Page 57 of 114 (b) Dwelling, Townhouse (single parcel) 750 m2 (8,073 sq. ft.) (c) Dwelling, Townhouse (per unit) 225 m2 (2,422sq. ft.) Parcel Area & Lot Dimensions The following minimum lot dimensions shall apply in this zone: Minimum Parcel Width (Frontage) for: Minimum Width (a) Dwelling, Apartment 15.0m (49.2 ft.) (b) Dwelling, Townhouse (single parcel) 15.0m (49.2 ft.) (c) Dwelling, Townhouse (per unit) 6.0m (19.7 ft.) Setbacks The following minimum setbacks apply to buildings in the R-3 zone: Setback Principal Building Minimum Setback Accessory Building Minimum Setback (a) Front 4.0m minimum Equal to or greater than principal building (b) Rear 6.0m minimum 3.0m minimum (c) Interior side lot line (i) 1.5m minimum Townhouse Dwelling (ii) 3.0m minimum Apartment Dwelling 1.0m minimum (d) Exterior side lot line 4.5m minimum 4.5m minimum (e) The minimum Interior side lot line setback shall not apply where there is a common wall between the Dwelling Units. Maximum Height The following maximum height shall apply to buildings in this zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) 6.0m (19.68 ft.) Village of Valemount Zoning Bylaw Page 58 of 114 Maximum Lot Coverage The following maximum lot coverage shall apply in this zone: Lot Coverage Maximum Lot Coverage (a) Maximum coverage of all buildings and structures 50% Amenity Area The following minimum Amenity Area shall apply in this zone to any Apartment Dwelling or Townhouse Dwelling: Dwelling Unit Type Minimum Amenity Area For Apartments (a) Per Apartment Dwelling Unit 5m2 For Townhouses (b) Per Townhouse Dwelling Unit 5m2 Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 59 of 114 5.7 MHP - RESIDENTIAL - HOME PARK MHP MANUFACTURED HOME PARK 5.7.1 Purpose: To accommodate residential manufactured home parks on large parcels of land through comprehensive site planning and the provision of full municipal utilities. 5.7.2 Permitted Uses Within the MHP - Residential-Manufactured Home Park Zone, the following uses only shall be permitted: (a) Manufactured Home Park (b) Dwelling, Mobile Home (c) Dwelling, Modular Home 5.7.3 Accessory Uses (a) Home Based Business 1 - Minor (b) Common Storage Area (c) Common Recreation Area or Building (d) Other uses, buildings and structures accessory to a permitted use 5.7.4 Density (a) No more than 8 Manufactured Homes per acre will be permitted in this zone 5.7.5 Site Development Regulations for a Manufactured Home Park (a) Minimum Parcel Area 1.8 hectares (4.5 acres) Bylaw 881 Village of Valemount Zoning Bylaw Page 60 of 114 (b) Maximum Site Coverage 60% (c) Minimum Setbacks (Buffer Area) i. Front 3 m ii. Rear 3 m iii. Interior Side 3 m iv. Exterior Side 3 m 5.7.6 Site Development Regulations for a Manufactured Home Park Spaces (a) Minimum Parcel Area 250 m2 (b) Minimum Parcel Width fronting a roadway 12m (c) Minimum Parcel Width fronting a cul- de-sac 6 m (d) Minimum Parcel Depth 20m (e) Maximum Site Coverage 50% (f) Maximum Site Coverage of Accessory Buildings Site coverage of all accessory buildings shall not exceed 80% of the principal dwelling. (g) Minimum Setbacks for Manufactured Home i. Front 2 m ii. Rear 2 m iii. Interior Side 1.5 m iv. Exterior Side 2 m (d) Minimum Setbacks for Accessory Buildings i. Front Equal to or greater than Manufactured Home ii. Rear 1.5 m iii. Side 1.5 m 3.7.7 Maximum Height The following maximum height shall apply to buildings in the MHP zone: Village of Valemount Zoning Bylaw Page 61 of 114 Principal Building Accessory Building (a) Maximum Height 7.6m (24.6 ft.) 5.0m (16.4 ft.) Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 62 of 114 C1 VILLAGE CENTRE MIXED USE 5.8 C1 - VILLAGE CENTRE MIXED USE Purpose: To create a mix of street-front commercial and retail land uses with complementary, accessory commercial and residential uses intended to create a vibrant Village Centre, mainly along 5th Avenue. Permitted Uses Within the C-1 Village Centre Mixed Use Zone, the following uses only shall be permitted: (a) Art Gallery including Studio (l) Government Office & Buildings (b) Assembly Facility (m) Health and Medical Service (c) Bicycle Retail Sales and Service (n) Indoor Recreation and Entertainment (d) Business and Professional Office (o) Library (e) Daycare Centre (p) Microbrewery & Craft Distillery (f) Educational Institution (q) Museum (g) Farmers Market (r) Personal Service Establishments (h) Financial Institution (s) Retail Liquor Sales Establishment (i) Food and Beverage Service - Liquor Primary (t) Retail Store (j) Food and Beverage Service - Food Primary (including catering)1 (u) Tourist Accommodation - Minor (<12 units) 1See Section 6 - Definitions - includes: restaurants, cafes, bakeries, pizzerias and similar uses. Village of Valemount Zoning Bylaw Page 63 of 114 Accessory Uses (a) Dwelling, Attached Accessory Unit - Commercial1 (per Bylaw 858) (b) Home Based Business 1- Minor 2 (c) Home Based Business 2 - Major 2 (d) Short Term Vacation Rental - Minor3 (e) Accessory uses, buildings and structures4 to a permitted use 1 See Sections 2.5, 2.6 and 2.7 Accessory Dwelling Units 2 See Section 2.3 Home Based Business 1 - Minor and 2.4 Home Based Business 2 - Major 3 See Section 2.8 Short Term Vacation Rentals 4 See Section 2.11 Accessory Use, Buildings and Structures Conditional Uses a) Dwelling Unit, Accessory to a permitted use Dwelling units that are accessory to a permitted use shall comply with the following requirements: (i) a completely separate public entrance to the Dwelling Unit(s) shall be provided from the ground floor entrance opening directly to a public street; (ii) the dwelling unit may be located on the ground floor if at the rear of the building, above the ground floor, or below the ground floor; (iii) all Dwelling Units shall be self-contained; and (iv) parking shall be provided as set out in Section 3.13. b) Dwelling, Single Detached (i) Single-detached dwellings that were constructed prior to the adoption of this Bylaw are permitted in the C1 Zone. (ii) Parcels with existing single-detached dwellings are permitted in the C1 Zone, and may continue to be used as dwellings or converted to commercial or mixed-use buildings in accordance with the permitted uses in this zone and the regulations in this Bylaw. The single-detached dwelling may be a primary or secondary use on the property. c) Cannabis Retail Store Federally licensed Cannabis Retail Stores are conditionally permitted in accordance with provincial and federal requirements and Village approval. d) Exceptions: Uses Village of Valemount Zoning Bylaw Page 64 of 114 (i) Uses which are noxious or otherwise undesirable because of smoke, noise, vibration, dirt or odour are not permitted. (ii) Uses which are an offensive trade within the meaning of the Health Act of British Columbia shall not be permitted. Parcel Area Subject to the provisions of this Bylaw, no parcel shall be created in the C-1 zone which is less than: (a) Minimum Parcel Area (All Uses) 210 m2 (2260.4 ft2) Lot Dimensions The following minimum lot dimensions shall apply in the C-1 zone: Use Minimum Dimension (a) Minimum Lot Width (Frontage) 6m (b) Minimum Lot Length 30m Setbacks The following minimum setbacks apply to buildings in the C-1 zone: Setback Principal Building Accessory Building (a) Front 0.0m minimum Equal to or greater than principal building (b) Rear 3.0m minimum 1.5m minimum (c) Interior and exterior side lot line (within C1 or next to C2 zone) 0.0m minimum 0.0m minimum (d) Interior side lot line (Next to C3 zones) 1.5m minimum 1.5m minimum (e) Interior side lot line (Next to all other zones) 3.0m minimum 1.5m minimum (f) Exterior side lot line 0.0m minimum 0.0m minimum Village of Valemount Zoning Bylaw Page 65 of 114 Maximum Height The following maximum height shall apply to buildings in the C-1 zone: Principal Building Accessory Building (a) Maximum Height 12.0m (39.4 ft.) Must be less than the principal building Adjacent to residential zones 6.0m (b) Sprinklers are required for any building 3 storeys or greater. Maximum Lot Coverage The following maximum lot coverage shall apply in the C-1 zone: Use Maximum Lot Coverage (a) All buildings and structures combined 80% maximum Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 66 of 114 C2 VILLAGE CENTRE FRINGE MIXED USE 5.9 C2 - VILLAGE CENTRE FRINGE MIXED USE Purpose: A mix of residential and commercial land uses in the vicinity of the Village Centre. Permitted Uses Within the C-2 Village Centre Fringe - Mixed Use, the following uses only shall be permitted: (a) Art Gallery including Studio (j) Food and Beverage Service - Food Primary (including catering)1 (b) Assembly Facility (k) Government Office & Buildings (c) Bicycle Retail Sales and Service (l) Health and Medical Service (d) Business and Professional Office (m) Laundromat (e) Daycare Centre (n) Microbrewery & Craft Distillery (f) Educational Institution (o) Museum (g) Financial Institution (p) Personal Service Establishments (h) Farmers Market (q) Retail Store (i) Food and Beverage Service - Liquor Primary (r) Tourist Accommodation - Minor (<12 units) 1See definitions - includes: restaurants, cafes, bakeries, pizzerias and similar uses. Accessory Uses (a) Dwelling, Attached Accessory Unit - Commercial1 (per Bylaw 858) (b) Home Based Business 1- Minor 2 (c) Home Based Business 2 - Major 2 (d) Short Term Vacation Rental - Minor3 Village of Valemount Zoning Bylaw Page 67 of 114 (e) Accessory uses, buildings and structures4 to a permitted use 1 See Sections 2.5, 2.6 and 2.7 Accessory Dwelling Units 2 See Section 2.3 Home Based Business 1 - Minor and 2.4 Home Based Business 2 - Major 3 See Section 2.8 Short Term Vacation Rentals 4 See Section 2.11 Accessory Use, Buildings and Structures Conditional Uses a) Mixed Use Development (i) Ground floor must be commercial and must be street-facing (residential units may be at the rear). b) Tourist Accommodation - Major shall: (i) have a minimum parcel area of 2,000m2. (ii) only be permitted west of George Place. c) Dwelling Unit, Accessory to a permitted use Dwelling units that are accessory to a permitted use shall comply with the following requirements: (i) a completely separate public entrance to the Dwelling Unit(s) shall be provided from the ground floor entrance opening directly to a public street; (ii) the dwelling unit may be located on the ground floor if at the rear of the building, above the ground floor, or below the ground floor; (iii) all Dwelling Units shall be self-contained; and (iv) parking shall be provided as set out in Section 3 of this Bylaw. d) Dwelling, Single Detached (i) Single-detached dwellings that were constructed prior to the adoption of this Bylaw are permitted in the C2 Zone. (ii) Single-detached dwellings permitted in the C2 Zone may continue to be used as dwellings or converted to commercial or mixed-use buildings in, rebuilt in the event of an Act of God or as a safety requirement, accordance with the permitted uses in this zone and the regulations in this Bylaw. The single- detached dwelling may be a principal or accessory use on the property. e) Cannabis Retail Store Federally licensed Cannabis Retail Stores are conditionally permitted in accordance with provincial and federal requirements and Village approval. f) Automobile Repair Shop shall: (per Bylaw 858) Village of Valemount Zoning Bylaw Page 68 of 114 (i) only be permitted west of Fir Street g) Exceptions: Uses (i) Uses which are noxious or otherwise undesirable because of smoke, noise, vibration, dirt or odour are not permitted. (ii) Uses which are an offensive trade within the meaning of the Health Act of British Columbia shall not be permitted. Parcel Area Subject to the provisions of this Bylaw, no parcel shall be created in the C-2 zone which is less than: (a) Tourist Accommodation - Major 2,000 m2 (b) All other uses 250 m2 (2,690 ft2) Lot Dimensions The following minimum lot dimensions shall apply in the C-2 zone: Use Minimum Dimension (a) Minimum Lot Width (Frontage) 8m (b) Minimum Lot Length 30m Setbacks The following minimum setbacks apply to buildings in the C-2 zone: Setback Principal Building Accessory Building (i) Front (on Fifth Ave) 0.0m minimum Equal to or greater than principal building (ii) Front (all other cases) 6.0m Equal to or greater than principal building (iii) Rear 3.0m minimum 1.5m minimum (iv) Interior side lot line 0.0m minimum 0.0m minimum (v) Interior side lot line (adjacent to residential zones) 2.0m minimum 1.0m minimum (vi) Exterior side lot line (Next to C1 or C2 zones) 0.0m minimum 1.5m minimum Village of Valemount Zoning Bylaw Page 69 of 114 (vii) Exterior side lot line (Next to all other zones) 3.0m minimum 1.5m minimum Maximum Height The following maximum height shall apply to buildings in the C-2 zone: Principal Building Accessory Building (a) Maximum Height 12.0m (39.4 ft.) Must be less than the principal building. Adjacent to residential zones 6.0m maximum height. (b) Sprinklers are required for any building 3 storeys or greater. Maximum Lot Coverage The following maximum lot coverage shall apply in the C-2 zone: Use Maximum Lot Coverage (b) All buildings and structures combined 70% Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 70 of 114 C3 MAIN STREET MIXED USE 5.10 C3 - MAIN STREET (RAILTOWN) MIXED USE Purpose An area that focuses on creative industries, commercial opportunities, and complementary residential uses. Permitted Uses Within the C3 - Main Street Mixed Use Zone, the following uses only shall be permitted: (a) Art Gallery including Studio (q) Laundromat (b) Assembly Facility (r) Market Garden (c) Bicycle Retail Sales and Service (s) Mixed Use Development (d) Business and Professional Office (t) Microbrewery & Craft Distillery (e) Car Wash (u) Museum (f) Daycare Centre (v) Outdoor Recreation Facility (g) Dwelling, Single-Detached (w) Personal Service Establishments (h) Dwelling, Two-unit (x) Public Transportation Depot (i) Dwelling, Apartment (y) Retail Liquor Sales Establishment (j) Dwelling, Townhouse (z) Recycling Depot (k) Educational Institution (aa) Retail Store (l) Farmers Market (bb) Service, Repair & Equipment Rental Shop (m) Food and Beverage Service - Liquor Primary (cc) Seniors Residential Care (n) Food and Beverage Service - Food Primary (including catering)1 (dd) Tourist Accommodation - Minor (<12 units) (o) Health and Medical Service (ee) Veterinary Clinic - Small Animal (p) Indoor Recreation and Entertainment 1See definitions - includes: restaurants, cafes, bakeries, pizzerias and similar uses. Village of Valemount Zoning Bylaw Page 71 of 114 Site Specific Uses Permitted: (a) The following Regulations apply specifically to Lot 1 District Lot 9778 Plan PGP11968, PID 012-522- 317 (940 Main Street): (i) a maximum of two Principal Buildings are permitted. (ii) The minimum interior side parcel setback requirement for the southeast side of the property is 1 meter. (b) The following regulations apply specifically to Lot 2 District Lot 7356 Cariboo District Plan 9569, PID: 013-899-783 (1290 Main Street): (i) A Maximum of two Principal Buildings are permitted (Bylaw No. 856, 2022) Accessory Uses (a) Dwelling, Attached Accessory Unit - Commercial1 (per Bylaw 858) (b) Home Based Business 1- Minor 2 (c) Home Based Business 2 - Major 2 (d) Short Term Vacation Rental - Minor3 (e) Accessory uses, buildings and structures 4 to a permitted use 1 See Sections 2.5, 2.6 and 2.7 Accessory Dwelling Units 2 See Section 2.3 Home Based Business 1 - Minor and 2.4 Home Based Business 2 - Major 3 See Section 2.8 Short Term Vacation Rentals | 4 See Section 2.11 Accessory Use, Buildings and Structures Conditional Uses a) Dwelling Unit, Accessory to a permitted use Dwelling units that are accessory to a permitted use shall comply with the following requirements: (i) a completely separate public entrance to the Dwelling Unit(s) shall be provided from the ground floor entrance opening directly to a public street; (ii) the dwelling unit may be located on the ground floor if at the front or rear of the building, above the ground floor, or below the ground floor; (iii) all Dwelling Units shall be self-contained; and (iv) parking shall be provided as set out in Section 3. b) Cannabis Retail Store Federally licensed Cannabis Retail Stores are conditionally permitted in accordance with provincial and federal requirements and Village approval. c) Exceptions: Uses Village of Valemount Zoning Bylaw Page 72 of 114 (i) Uses which are noxious or otherwise undesirable because of smoke, noise, vibration, dirt or odour are not permitted. (ii) Uses which are an offensive trade within the meaning of the Health Act of British Columbia shall not be permitted. Parcel Area Subject to the provisions of this Bylaw, no parcel shall be created in the C-3 zone which is less than: (a) All uses 400 m2 (4,305.56 sq. ft.) Lot Dimensions The following minimum lot dimensions shall apply in the C-3 zone: Use Minimum Dimension (a) Minimum Lot Width (Frontage) 10m (b) Minimum Lot Length 30m Setbacks The following minimum setbacks apply to buildings in the C-3 zone: Setback Principal Building Accessory Building (a) Front 3.0m minimum Equal to or greater than principal building (b) Rear 3.0m minimum 1.5m minimum (c) Interior side lot line 1.5m minimum 0.0m minimum (d) Exterior side lot line 3.0m minimum 1.5m minimum Maximum Height The following maximum height shall apply to buildings in the C-3 zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) Must be less than the principal building Maximum Lot Coverage The following maximum lot coverage shall apply in the C-3 zone: (a) All buildings and structures combined 60% Fencing and Screening Village of Valemount Zoning Bylaw Page 73 of 114 As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 74 of 114 C4 HIGHWAY & TOURIST COMMERCIAL 5.11 C4 - HIGHWAY & TOURIST COMMERCIAL Purpose To provide for a broad range of commercial and tourist uses for the traveling public. Permitted Uses Within the C4 - Highway & Tourist Commercial Zone, the following uses only shall be permitted: (a) Art Gallery including Studio (o) Market Garden (b) Automobile Repair Shop (per Bylaw 858) (p) Museum (c) Bicycle Retail Sales and Service (q) Personal Service Establishments (d) Business and Professional Office (r) Retail Liquor Sales Establishment (e) Car Wash (s) Recycling Depot (f) Campground (t) Public Works & Utilities (g) Drive-through Restaurant (u) Public Transportation Depot (h) Farmers Market (v) Tourist Accommodation - Minor (<12 units) (i) Food and Beverage Service - Liquor Primary (w) Tourist Accommodation - Major (>12 units) (j) Food and Beverage Service - Food Primary (including catering)1 (x) Service, Repair & Equipment Rental Shop (k) Health and Medical Service (y) Vehicle Sales & Service (l) Greenhouse Operation (z) Veterinary Clinic - Small Animal (m) Indoor Recreation and Entertainment (n) Laundromat Village of Valemount Zoning Bylaw Page 75 of 114 1See definitions - includes: restaurants, cafes, bakeries, pizzerias and similar uses Accessory Uses (a) Dwelling, Attached Accessory Unit - Commercial1 (per Bylaw 858) (b) Accessory uses, buildings and structures 2 to a permitted use 1 See Sections 2.5, 2.6 and 2.7 Accessory Dwelling Units 2 See Section 2.11 Accessory Use, Buildings and Structures Conditional Uses a) Dwelling Unit, Accessory to a permitted use Dwelling units that are accessory to a permitted use shall comply with the following requirements: (i) a completely separate public entrance to the Dwelling Unit(s) shall be provided from the ground floor entrance opening directly to a public street; (ii) the dwelling unit may be located on the ground floor if at the front or rear of the building, above the ground floor, or below the ground floor; (iii) all Dwelling Units shall be self-contained; and (iv) Parking shall be provided as set out in Section 3. b) Cannabis Retail Store Federally licensed Cannabis Retail Stores are conditionally permitted in accordance with provincial and federal requirements and Village approval. c) Service Stations (i) Screening that is not less than 1.00 metres in height shall be provided and properly maintained along any boundary of the parcel which abuts a parcel in a Residential zone. (ii) Gasoline service pumps or pump islands shall be located not closer than 4.5m to any parcel line. (iii) All servicing equipment, other than that normally carried on a pump island, shall be entirely enclosed within a building. (iv) The entire surface area shall be paved with a surface of asphalt or concrete, and any unpaved areas of the parcel shall be suitably landscaped, maintained and separated from the paved areas by a curb or other barrier. (v) Where the parcels abut another parcel in a Residential zone or is separated by a street or lane there from, exterior lighting shall be designed to deflect away from adjacent properties. Village of Valemount Zoning Bylaw Page 76 of 114 d) Exceptions: Uses (i) Uses which are noxious or otherwise undesirable because of smoke, noise, vibration, dirt or odour are not permitted. (ii) Uses which are an offensive trade within the meaning of the Health Act of British Columbia shall not be permitted. e) Retail Store limited to a maximum floor area of 500m2 (5,381 ft2) per parcel Parcel Area Subject to the provisions of this Bylaw, no parcel shall be created in the C-4 zone which is less than: (a) Tourist Accommodation 2000m2 (21,528 sq. ft.) (b) Service Station & Car Wash 1000m2 (10,764 sq. ft.) (c) Campground 1 ha (2.47 acres) (d) All other uses 600 m2 (6,458 sq. ft.) Lot Width The following minimum lot dimensions shall apply in the C-4 zone: Use Minimum Lot Width (a) Tourist Accommodation 30m (b) Campground 40m (c) Service Station 20m (d) All other uses 17m Setbacks The following minimum setbacks apply to buildings in the C-4 zone: Setback Principal Building Accessory Building (a) Front 6.0m minimum Equal to or greater than principal building (b) Rear 6.0m minimum 1.2m minimum (c) Interior side lot line 3.0m minimum 1.2m minimum (d) Exterior side lot line 6.0m minimum 1.2m minimum On parcels fronting Arterial Highways, in accordance with the Highways Act Regulations, no building shall, Village of Valemount Zoning Bylaw Page 77 of 114 without the consent of the Minister, be placed within a distance of 4.5 metres from the property line fronting on any Arterial Highway within a municipality. On any access to the property, the distance is reduced to 3 metres. Maximum Height The following maximum height shall apply to buildings in the C-4 zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) Must be less than the principal building Maximum Lot Coverage The following maximum lot coverage shall apply in the C-4 zone: Use Maximum Lot Coverage (a) All buildings and structures combined 60% Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 78 of 114 C5 NEIGHBOURHOOD MIXED USE 5.12 C5 - NEIGBHOURHOOD MIXED-USE Purpose To provide an innovative zone that allows for a flexible mix of employment and residential opportunities at a neighbourhood scale. Permitted Uses Within the C5 - Neighbourhood Mixed Use, the following uses only shall be permitted: (a) Dwelling, Single-Detached (b) Dwelling, Two-unit (c) Dwelling, Apartment (d) Dwelling, Townhouse Accessory Uses (a) Dwelling, Attached Accessory Unit - Commercial1 (per Bylaw 858) (b) Home Based Business 1- Minor 2 (c) Home Based Business 2 - Major 2 (d) Accessory uses, buildings and structures 3 to a permitted use 1 See Sections 2.5, 2.6 and 2.7 Accessory Dwelling Units 2 See Section 2.3 Home Based Business 1 - Minor and 2.4 Home Based Business 2 - Major 3 See Section 2.11 Accessory Use, Buildings and Structures Conditional Uses The following commercial uses have a maximum floor area of 250m2 (2,691 ft2): (a) Art Gallery including Studio (b) Bicycle Retail Sales and Service (c) Business and Professional Office Village of Valemount Zoning Bylaw Page 79 of 114 (d) Daycare Centre (e) Food and Beverage Service - Food Primary (including catering)1 (f) Market Garden (g) Mixed Use Development (commercial component cannot exceed 250m2) (h) Personal Service Establishments (i) Retail Store 1See definitions - includes: restaurants, cafes, bakeries, pizzerias and similar uses. Exceptions: Uses (a) Uses which are noxious or otherwise undesirable because of smoke, noise, vibration, dirt or odour are not permitted. (b) Uses which are an offensive trade within the meaning of the Health Act of British Columbia shall not be permitted. Parcel Area Subject to the provisions of this Bylaw, no parcel shall be created in the C-5 zone which is less than: (a) Dwelling, Single-Detached 375 m2 (4,036 ft2). (b) Dwelling, Two-unit (on one parcel) 500 m2 (5,382 ft2). (c) Dwelling, Two-unit (on 2 parcels with common wall) 250 m2 (2,691 ft2). (d) Dwelling, Apartment 1,000 m2 (10,764 sq. ft.) (e) Dwelling, Townhouse (single parcel) 750 m2 (8,073 sq. ft.) (f) Dwelling, Townhouse (per unit) 225 m2 (2,422 sq. ft.) (g) All other uses 464.5 m2 (5,000 ft2). Lot Dimensions The following minimum lot dimensions shall apply in the C-5 zone: All Uses Minimum Dimension (a) Minimum Lot Width - Dwelling, Single-detached 10.0m (b) Minimum Lot Width: (i) Two-Unit Lot; (ii) Dwelling, Apartment; (iii) Dwelling Townhouse (single parcel) 15.0m (c) Minimum Lot Width - Dwelling, Townhouse (per unit) 6.0m Village of Valemount Zoning Bylaw Page 80 of 114 (d) Minimum Lot Length 25m Setbacks The following minimum setbacks apply to buildings in the C-5 zone: Setback Principal Building Accessory Building (a) Front 4.0m minimum Equal to or greater than principal building (b) Rear 4.0m minimum 3.0m minimum (c) Interior side lot line 2.0m minimum 1.0m minimum (d) Exterior side lot line 4.0m minimum 3.0m minimum (e) Where a Duplex or Townhouse, Dwelling is divided into separate parcels, the minimum Interior Side Parcel Line Setbacks shall not apply where there is a common wall shared between the Dwelling Units. Maximum Height The following maximum height shall apply to buildings in the C-5 zone: Principal Building Accessory Building (a) Maximum Height 10.5m (34.45 ft.) 6.0m (19.68 ft.) Maximum Lot Coverage The following maximum lot coverage shall apply in the C-5 zone: Use Maximum Lot Coverage (a) All buildings and structures combined 60% Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 81 of 114 M1 Light Industrial 5.13 M1 - LIGHT INDUSTRIAL Purpose To facilitate economic development on larger parcels of land that are suitably located in the Village so any offsite impacts are minimized. Permitted Uses Within the M1 - Light Industrial, the following uses only shall be permitted: (a) Business and Professional Office (h) Outdoor Recreation Facility (b) Education Facility (i) Recycling Depot (c) Food Processing, Storage and Sales (j) Self-Storage Facility (d) Food and Beverage Service - Food Primary (including catering) (k) Service Station (e) Greenhouse Operation (l) Towing Service (f) Manufacturing, Light (m) Vehicle Sales and Service (g) Microbrewery & Craft Distillery Accessory Uses (a) Retail Store accessory to a permitted use. (b) Accessory uses, buildings and structures 1 to a permitted use 1 See Section 2.11 Accessory Use, Buildings and Structures Village of Valemount Zoning Bylaw Page 82 of 114 Conditional Uses a) Service Stations (i) Screening that is not less than 1.00 metres in height shall be provided and properly maintained along any boundary of the parcel which abuts a parcel in a Residential zone. (ii) Gasoline service pumps or pump islands shall be located not closer than 4.5m to any parcel line. (iii) All servicing equipment, other than that normally carried on a pump island, shall be entirely enclosed within a building. (iv) The entire surface area shall be paved with a surface of asphalt or concrete, and any unpaved areas of the parcel shall be suitably landscaped, maintained and separated from the paved areas by a curb or other barrier. (v) Where the parcels abut another parcel in a Residential zone or is separated by a street or lane there from, exterior lighting shall be designed to deflect away from adjacent properties. b) Exceptions: Uses (i) Uses which are an offensive trade within the meaning of the Health Act of British Columbia shall not be permitted. Parcel Area No parcel shall be created in the M-1 zone which is less than the following minimum parcel area: Services Minimum Parcel Area (a) No water or sewer services or partial services 0.4 ha (1 acre) (b) Full water and sewer services 0.2 ha (0.5 acre) Setbacks The following minimum setbacks apply to buildings in the M-1 zone: Setback Principal Building Accessory Building (a) Front 7.5m minimum Equal to or greater than principal building Village of Valemount Zoning Bylaw Page 83 of 114 (b) Rear 6.0m minimum 6.0m minimum (c) Interior side lot line 3.0m minimum 3.0m minimum (d) Interior side lot line (parcel adjacent to non-M1 parcel) 6.0m minimum 6.0m minimum (e) Exterior side lot line 6.0m minimum 6.0m minimum Maximum Height The following maximum height shall apply to buildings in the M-1 zone: All Buildings or structures (a) Maximum Height 12.0m (39.37 ft.) Maximum Lot Coverage The following maximum lot coverage shall apply in the M-1 zone: Use Maximum Lot Coverage (a) All buildings and structures combined 60% Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 84 of 114 P1 Parks & Recreation 5.14 P1 - PARKS & RECREATION Purpose: Public parks, open spaces and recreation areas. Permitted Uses: Within the P1 - Park & Recreation, the following uses only shall be permitted: (a) Government Office & Buildings (d) Public Park (b) Community Garden (e) Public Works & Utilities (c) Outdoor Recreation Facility Accessory Uses (a) Other uses, buildings and structures accessory to a permitted use Siting Regulations (a) Minimum Parcel Area 2,024 m2 (0.5 acres) (b) Minimum Front Yard Setback - all buildings and structures 6.0m (19.68 ft.) (c) Minimum Rear Yard Setback - all buildings and structures 6.0m (19.68 ft.) (d) Minimum Side Yard Setbacks - all buildings and structures 3.0m (9.84 ft.) (e) Maximum Building Height (Principal Building) 10.5m (34.45 ft.) (f) Maximum Building Height (Accessory Buildings) 6.0m (19.68 ft.) Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 85 of 114 P2 Public & Institutional 5.15 P2 - PUBLIC & INSTITUTIONAL Purpose: Public land uses focused on government services, utilities and infrastructure and selective institutional uses. Permitted Uses: Within the P2 - Public & Institutional, the following uses only shall be permitted: (a) Art Gallery including Studio (k) Indoor Recreation and Entertainment (b) Assembly Facility (l) Library (c) Cemetery and Columbarium (m) Museum (d) Daycare Centre (n) Outdoor Recreation Facility (e) Educational Institution (o) Public Works & Utilities (f) Farmers Market (p) Recycling Depot (Public) (g) Government Office & Buildings (q) Research Centre (h) Health and Medical Service (r) Seniors Residential Care (i) Hospital (s) Tourist Services (j) Community Garden Accessory Uses (a) Caretaker Residence accessory to a permitted use. (b) Other uses, buildings and structures accessory to a permitted use. Village of Valemount Zoning Bylaw Page 86 of 114 Conditional Uses All provincial setbacks pertaining to landfills, sewage lagoons and treatment plants must be met. (a) Sanitary Landfill Must be in compliance with provincial legislation, regulations and approvals (b) Treatment Plant / Sewage Lagoon Must be in compliance with provincial legislation, regulations and approvals Siting Regulations (a) Minimum Parcel Area 2024 m2 (0.5 acres) (b) Minimum Front Yard Setback - all buildings and structures 6.0m (19.68 ft.) (c) Minimum Rear Yard Setback - all buildings and structures 6.0m (19.68 ft.) (d) Minimum Side Yard Setbacks - all buildings and structures 3.0m (9.84 ft.) (e) Maximum Building Height (Principal Building) 12.0m (39.37 ft.) (f) Maximum Building Height (Accessory Buildings) 6.0m (19.68 ft.) Fencing and Screening As per Section 1.7 Fencing and Screening of this Bylaw. Parking and Loading As per Section 3 Parking and Loading of this Bylaw. Village of Valemount Zoning Bylaw Page 87 of 114 CD1 CD1 Comprehensive Development Zone 5.16 CD1 - COMPREHENSIVE DEVELOPMENT ZONE Purpose: The purpose of the CD1 Zone is to implement the Saas Fee Development Plan and provide for a comprehensive development with a mix of commercial and residential and public or open space uses. Permitted Uses: The following uses and no others shall be permitted in the CD1 Zone: (a) Art Gallery including Studio (i) Indoor Recreation and Entertainment (b) Daycare Centre (j) Library (c) Dwelling, Single-Detached (k) Personal Service Establishments (d) Dwelling, Two-unit (l) Retail Liquor Sales Establishment (e) Dwelling, Apartment (m) Retail Store (f) Dwelling, Townhouse (n) Shopping Centre (g) Food and Beverage Service - Liquor Primary (o) Tourist Services (h) Food and Beverage Service - Food Primary (including catering)1 1See definitions - includes: restaurants, cafes, bakeries, pizzerias and similar uses. Accessory Uses (a) Outside patios accessory to food and beverage services (b) Sidewalk sales accessory to retail sales Village of Valemount Zoning Bylaw Page 88 of 114 (c) Storage Regulations On a parcel located in an area zoned as CD1, no Building or Structure shall be constructed, located, or altered, and no plan of subdivision approved which contravenes the regulations set out in the table below in which Column I sets out the matter to be regulated and Column II sets out the regulations COLUMN I Matter to be Regulated COLUMN II Regulations 1. Maximum Height of all Buildings (Section 4.5 of this Bylaw applies to structures which may exceed this Height restriction) 2. Minimum setback for Buildings or Structures and all Accessory Buildings from: - Fifth Avenue - Sixth Avenue - Fir Street - Dogwood Street 3. Maximum Density of Parcels for Dwelling Units As set out in 5.16.5 below 0 m (0 feet) 6.0 m (20 feet) 1.5 m (5 feet) 1.5 m (5 feet) 92 nits per ha (37 units per acre) Special Regulations Within the CD1 Zone, the lands shall be developed for commercial and residential uses in accordance with the comprehensive development project plans shown on CD1-Maps attached to and forming part of this Bylaw. Village of Valemount Zoning Bylaw Page 89 of 114 Conditions for use for Dwelling Units Dwelling Units shall comply with the following requirements: a) A completely separate public entrance to Dwelling Units above commercial uses shall be provided from one or more common or shared ground floor entrances opening directly to a public street. b) Dwelling Units fronting on to 6th Avenue shall have individual separate entrances. c) Parking requirements are set out in this Bylaw Conditions for Commercial Use a) Commercial uses shall be located on the ground level only. b) Notwithstanding the requirements of Table 1 of Schedule B of this bylaw, on-site parking for commercial use shall be a minimum of one parking space per 90 square metres of zoned commercial area. c) Notwithstanding the requirements of Table 2 Schedule B of this bylaw, on- site loading spaces shall be provided at a minimum of one loading space for every 1800 square metres of zoned commercial area. d) Commercial parking and loading spaces are in addition to those required for dwelling units. Maximum Height for Buildings and Structures Maximum Height of Buildings and Structures shall be based on site area coverage. d) No Building or Structure shall be of a Height greater than 21.3m (70 feet) unless specified elsewhere in this bylaw. e) Specific roof heights are located as shown in Section 22.5.6, Conceptual Roof Height Plan, and shall be as follows: i) No more than twenty percent of the site area shall be covered by sloping roofs with a ridgeline Height of 21.3 m (70 feet) above grade. ii) Additionally, no more than fifteen percent of the site area shall be covered by sloping roofs with a ridgeline Height of 19.8 m (65 feet) above grade. iii) Additionally, no more than ten percent of the site area shall be covered by sloping roofs with a ridgeline Height of 18.3 m (60 feet) above grade. iv) Additionally, no more than twenty percent of the site area shall be covered by sloping roofs with a ridgeline Height of 15.2 m (50 feet) above grade. v) Additionally, over the remainder of the site there will be no sloping roofs with a ridgeline Height greater than 4.6 m (15 feet) above grade. f) Flat roofs shall not be permitted. Village of Valemount Zoning Bylaw Page 90 of 114 Accessory Use and Accessory Buildings a) No Accessory Building or Structure shall be erected on any parcel unless the Principal Building to which the Accessory Building is an incidental Use has been erected or will be erected simultaneously with the Accessory Building. b) An Accessory Building shall not be located any closer than 1.2 m from any Lane except in the case of a Lane intersection where the provisions for Fences shall apply. c) An Accessory Building or Structure shall not be used as a Dwelling. d) An Accessory Building on a corner parcel shall be located not closer to the side street than the Principal Building on the same parcel, nor closer than the required Setback from the side street of the Principal Building on an adjoining parcel, whether or not a lane intervenes. e) An Accessory Building shall be located not closer than 3m to the Rear Parcel Line if an adjoining parcel is in an R Zone. f) An Accessory Building shall not exceed 3.5m in height. [An Accessory Building in a development permit area is required to have a Development Permit.] Screening of Storage All outside commercial storage, including the storage of garbage, shall be completely contained within a Landscape Screen of not less than 2m in Height and garbage storage areas shall be bear proof." Village of Valemount Zoning Bylaw Page 91 of 114 Conceptual Ground Level Envelope Plan Village of Valemount Zoning Bylaw Page 92 of 114 (SAAS FEE) CD1 Conceptual 2nd Level Envelope Village of Valemount Zoning Bylaw Page 93 of 114 (SAAS FEE) CD1 Conceptual 3rd Level Envelope Village of Valemount Zoning Bylaw Page 94 of 114 (SAAS FEE) CD1 Conceptual 4th Level Envelope Village of Valemount Zoning Bylaw Page 95 of 114 (SAAS FEE) CD1 Conceptual Cross Section Village of Valemount Zoning Bylaw Page 96 of 114 (SAAS FEE) CD1 Conceptual Roof Height Plan Village of Valemount Zoning Bylaw Page 97 of 114 PART 6 | Definitions 6 Definitions The following definitions pertain to terms and words used within the Zoning Bylaw. D Site Development Definitions (Related to individual site developments - e.g. setbacks, parking) F Flood Related Definitions (related to Flood Mitigation regulations in Section 4) G General Definitions (e.g. Amenity Area, Building, Council) L Land Use Definitions (Permitted, Accessory or Conditional Uses found in Zones - e.g. retail store, single-detached dwelling) Disclaimer: The following table contains definitions for terms and words used within this Zoning Bylaw. The column on the far right is for information purposes only to assist with navigating the Bylaw. TERM DEFINITION A ACCESSORY BUILDING (per Bylaw 907) means an unattached building or structure including detached carports and covered unenclosed structures on a permanent foundation that is secondary or subordinate to a principal building and whose use is exclusively devoted to the principal use of the parcel L ACCESSORY USE means a non-principal use that is secondary or subordinate to the existing principal use or building on the same parcel. L AFFORDABLE HOUSING means housing provided for individuals and families who have difficulty finding market housing without spending more than 30% of their income to attain such housing. G AGRICULTURAL LAND RESERVE means a reserve of land established under the Agricultural Land Commission Act. G AGRICULTURE means the cultivation and harvesting of crops and/or the raising of livestock and includes the sale of the products of the agricultural use from the premises. L Village of Valemount Zoning Bylaw Page 98 of 114 ALLUVIAL FAN Means the alluvial deposit of a stream where it issues from a steep mountain valley or gorge upon a plain or at the junction of a tributary stream with the main stream. F AMENITY AREA means a usable open or recreational space for the use of residents and may include balconies, sundecks, terraces, landscaped gardens, games rooms, swimming pools, tennis courts, saunas, playgrounds and similar recreational and landscaped areas. G ANIMAL SHELTER means a building or structure used for the rearing or accommodation of animals. APARTMENT See Dwelling, Apartment L ART GALLERY, INCLUDING STUDIO means an establishment or business engaged in the creation, sale, loan, or display of art paintings, sculpture, books, or other works of art and may include retail and studio components. L ASSEMBLY FACILITY means a building or structure use dedicated to the gathering of persons for religious, educational, entertainment, philanthropic, or cultural purposes and includes but is not limited to churches, auditoriums, youth centres, halls, schools, and senior citizen centres and does not include overnight accommodations. L ATTACHED ACCESSORY DWELLING UNIT See Dwelling, Attached Accessory Unit L AUCTION SALES means land, buildings and structures used for the storage and sale of goods by auction. L AUTOMOBILE REPAIR SHOP means a building used or intended to be used for major repairs to motor vehicles, trailers and parts thereof, but shall not include motor vehicle manufacture, assembly or bodyworks. L B BAKERY See Food and Beverage Service - Food Primary (including catering) L BALCONY means an extension of a floor projecting from the wall of a Building and enclosed by a parapet or railing. G BED AND BREAKFAST means a type of Home-Based Business conducted within a principal dwelling unit, by the residents of the dwelling unit, which provides sleeping accommodations to the traveling public and includes the provision of limited food services for those persons using the sleeping accommodations. L BICYCLE RETAIL SALES AND SERVICE means a commercial enterprise where bicycles and related products are sold and may include a portion of the business where bicycles and related equipment are serviced. Does not include Service Station or sales and service of motor vehicles, including motorbikes, but may include sales and service of electronic bikes. L BREWERY & DISTILLERY See Microbrewery & Craft Distillery L BOARDING, ROOMING OR LODGING HOME means a residential building, other than a hotel or motel, containing two or more sleeping rooms for the accommodation of boarders with or without meals. The preparation of meals within the rented units is specifically prohibited. L Village of Valemount Zoning Bylaw Page 99 of 114 BUILDING (per Bylaw 907) means a roofed structure with solid exterior walls and attached non-enclosed covered areas with permanent foundations which is used or intended to be used as shelter for persons, animals, equipment, or goods and services G BUILDING HEIGHT means the vertical distance from the Finished Grade to the highest point of the roof excluding chimneys, ventilators, vent pipes, antennas, lightning rods, spires, elevator machinery and roof top heating/cooling units. D BUILDING INSPECTOR means the person appointed from time to time by Council as the Building Inspector for the Village of Valemount or that appointed person's designate as appointed by the Village's Chief Administrative Officer. G BUILDING LINE means the extended line of the wall of the Building or any portion of the Building which faces the line of the parcel. G BUILDING LINE, FRONT means a line parallel to the Front Parcel Line drawn across the parcel through the point where a Building on the parcel is closest to the Front Parcel Line. G BUILDING LINE, REAR means a line parallel to the Rear Parcel Line drawn across the parcel through the point where a Principal Building on the parcel is closest to the Rear Parcel Line. G BUSINESS AND PROFESSIONAL OFFICE means a professional, management, administrative, clerical, and consulting service, but excludes health and medical services, veterinary services, the sale, rental, servicing, or repair of goods, and the manufacture or processing of a product. L BYLAW ENFORCEMENT OFFICER means the person appointed by the Chief Administrative Officer as the Bylaw Enforcement Officer for the Village of Valemount or that appointed person's designate. G C CAFÉ See Food and Beverage Service - Food Primary (including catering) L Village of Valemount Zoning Bylaw Page 100 of 114 CAMPGROUND means a use of land for commercial purposes for the temporary accommodation of recreational travelers in travel trailers, recreational vehicles, tents, or other forms of temporary lodging. L CANNABIS means cannabis as defined in the Cannabis Act [S.C. 2018, C.16] as amended. G CANNABIS RETAIL STORE means a business operating under the regulation of the Cannabis Control and Licensing Act, where the principal business is the retail sales of cannabis for consumption off site, and includes government and private stores. L CARETAKER RESIDENCE means one (1) dwelling unit, which is an accessory use to a non-residential use and is used for the accommodation of one (1) caretaker, supervisor, watchman, or place of residence for the clergy of the associated church. L CAR WASH means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. L CATERING See Food and Beverage Service - Food Primary (including catering) L CEMETERY AND COLUMBARIUM means a place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof. L COMMUNITY GARDEN means a facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. L COUNCIL Means the duly elected Council of the Village of Valemount. G D DATA CENTRE means a building or group of buildings housing computer systems that provide processing, storage, or distribution services. L DAYCARE CENTRE means a centre providing group day care, family daycare, nursing school, child minding, out of school care, or specialized daycare in accordance with the provisions of the Community Care and Assisted Living Act or any subsequent Act or Acts which may be enacted in substitution thereof. L DESIGNATED FLOOD means a flood, which may occur in any given year, of such magnitude as to equal a flood having a 200 year recurrence interval, based on a frequency analysis of unregulated historic flood records or by regional analysis where there is inadequate stream flow data available. Where the flow of a large Watercourse is controlled by a major dam, the Designated Flood shall be set on a site specific basis. F DESIGNATED FLOOD LEVEL means the observed or calculated elevation for the Designated Flood and is used in the calculation of the Flood Construction Level. F DEVELOPMENT means: 1. the carrying on of any construction or excavation or their operation, in, on, over, or under land or water; or 2. the making of any change in the use or intensity of use of any land, water, Building or premises. G DISTILLERY See Microbrewery & Craft Distillery L Village of Valemount Zoning Bylaw Page 101 of 114 DRIVE-THROUGH RESTAURANT means a Food and Beverage Service - Food Primary use that includes the sale or service of food or beverages to an occupant within a motorized vehicle. L DRY CLEANER See Laundromat L DWELLING UNIT means one or more rooms designed for residential use by one or more individuals, with a kitchen, living, sleeping, and sanitary facilities, and specifically excludes accommodation for tourists. G DWELLING, SINGLE-DETACHED means a detached building consisting of one dwelling unit which is occupied or intended to be occupied as the permanent residence of one or more individuals. L DWELLING, TWO-UNIT means a detached building divided into two dwelling units, each of which is occupied or intended to be occupied as the permanent residence of one or more individuals. L DWELLING, APARTMENT means a building designed for residential use that is divided into five (5) or more dwelling units with a shared or common entrance. L DWELLING, ATTACHED ACCESSORY UNIT (ADU) means a room or set of rooms that: (i) has been designed as a separate dwelling unit and has been established as a separate dwelling unit by permit; and (ii) is attached to or located within the lot's principal building; and (iii) is a secondary use to the lot's principal building, structure, and use. L DWELLING, DETACHED ACCESSORY UNIT (ADU) means a residential building or structure that: (i) has been designed as a separate dwelling unit and has been established as a separate dwelling unit by permit; and (ii) is unattached to the lot's principal building; and (iii) is a secondary use to the lot's principal building, structure, and use L DWELLING, MOBILE HOME means a single-wide or double-wide single unit dwelling, constructed in a factory to CSA Z240MH standards, transported on its own chassis and placed on a permanent foundation complying with the BC Building Code, or on a temporary foundation complying with "CSA Z240.10.1 Site Preparation, Foundation, and Anchoring of Manufactured Homes", and does not include a Recreation Vehicle. L DWELLING, MODULAR HOME means a single unit dwelling constructed in a factory to CSA A277 standards, transported to a building site and placed on a permanent foundation complying with the BC Building Code, and does not include a Mobile Home or Recreational Vehicle. L DWELLING, TOWNHOUSE means a building consisting of three (3) or more dwelling units, each of which has an individual entrance to the outdoors and each of which is occupied or intended to be occupied as the permanent residence of one family. This includes townhouses, rowhouses, triplexes and four-plexes. L E Village of Valemount Zoning Bylaw Page 102 of 114 EDUCATIONAL INSTITUTION means buildings and structures used for the assembly of persons for educational purposes, where classrooms, libraries, offices, recreational facilities and other related facilities are provided for course participants and staff, and where dormitory accommodations and common kitchen and dining facilities may also be provided. Accommodations will be for rental purposes only and students attending the educational facility will be prioritized for the rental units. L EQUESTRIAN CENTRE means a facility or group of facilities intended for the accommodation, showing and competitive use of horses and may include a stable, gymkhana course, race track, and other related facilities. L F FARMERS MARKET A temporary, seasonal or occasional market held in an open area or in a structure where groups of individual sellers offer for sale to the public items such as fresh farm produce, food, beverages, arts, crafts and other retail goods. FENCE means a physical or visual barrier formed by a trellis, louver, solid hedge of trees or shrubs, a wooden, metal, plastic or masonry structure, or a combination thereof. G FINANCIAL INSTITUTION means a business that is open to the public and engaged in banking and that performs closely related functions such as making loans, and investments, and may include the provision of automatic teller machines. L FINISHED GRADAE See Grade, Finished D FLOOD CONSTRUCTION LEVEL means the Designated Flood Level plus the allowance for Freeboard and is used to establish the elevation of the underside of a wooden floor system or top of a concrete slab for habitable Buildings. In the case of a Mobile Home, the ground level or top of concrete or asphalt Pad, on which it is located shall be no lower than the above described elevation. It also establishes the minimum crest level of a Standard Dyke. Where the Designated Flood Level cannot be determined or where there are overriding factors, an assessed Height above the Natural Boundary of the water body or above the natural ground elevation may be used. F FLOODPROOFING means the alteration of land or Structures either physically or in use to reduce or eliminate flood damage and includes the use of elevation and/or Building Setbacks from water bodies to maintain a floodway and to allow for potential erosion. F FLOOR AREA means the total floor area of all floors in a Building including a loft and/or basement measured to the extreme outer limits of the Building including all areas giving access thereto such as corridors, hallways, landings, foyers, staircases, stairwells, enclosed Balconies, enclosed mezzanines, enclosed porches, enclosed verandas. D FLOOR AREA RATIO (FAR) means the ratio between the gross floor area of all the buildings or structures on the parcel and the total area of the parcel upon which all the buildings or structures are situated. D FOOD AND BEVERAGE SERVICE - FOOD PRIMARY means establishments chiefly engaged in preparing meals, snacks and beverages, to customer order, for immediate consumption on and off the premises. This definition includes, but is not limited to restaurants, bakeries, cafes, and pizzerias. Does not include Drive-Through Restaurant. L Village of Valemount Zoning Bylaw Page 103 of 114 FOOD AND BEVERAGE SERVICE - LIQUOR PRIMARY Means a licensed establishment chiefly engaged in selling alcoholic beverages for immediate consumption on the premises, with a secondary focus of preparing meals and snacks for immediate consumption on and off the premises, including a neighbourhood pub, tavern, cocktail bar, and wine bar. L FOOD PROCESSING, STORAGE, AND SALES means a facility in which raw farm products combined with other consumable ingredients to produce marketable products for consumption that can be easily prepared and served by the consumer, and where raw farm products may be warehoused prior to being sold either directly to consumers or for wholesale, and the selling of raw farm products either directly to consumers or for wholesale. L FREEBOARD means a vertical distance added to the Designated Flood Level and is used to establish the Flood Construction Level. F FRONT BUILDING LINE See Building Line, Front D FRONT LOT LINE See Parcel Line, Front D FRONT SETBACK See Setback, Front D FRONTAGE is the distance along the property line adjacent to a highway or public street. D G GOVERNMENT OFFICE & BUILDINGS A building or structure owned, operated, or occupied by a Provincial, Federal or Local Government agency. L GRADE means the elevation of land or a surface. D GRADE, FINISHED means the lowest of the average levels of finished ground adjoining each exterior wall of a building, excluding localized depressions such as for a vehicle or pedestrian entrances. D GREENHOUSE OPERATION A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants and may include a related retail or wholesale component. L GROSS FLOOR AREA means total floor area contained within the building measured to the external face of the external walls and excluding the roof. D GUEST RANCH means a working farm or ranch that includes a principal residence, agricultural structures and temporary guest accommodation where such use is: (a) conducted on a parcel not less than 16ha in size, (b) conducted on a parcel assessed as farm under the Assessment Act, and (c) limited in density to 12.0m2 of gross floor area of guest ranch accommodation per hectare to a maximum of 720m2. L H Village of Valemount Zoning Bylaw Page 104 of 114 HABITABLE AREA means any room or space within a Building or Structure which is or can be used for human occupancy, commercial sales, or storage of goods, possessions or equipment (including furnaces) which would be subject to damage if flooded. D HEALTH AND MEDICAL SERVICES means physical or mental health care provided on an out-patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. L HEAVY MANUFACTURING See Manufacturing, Heavy L HEIGHT, BUILDING See Building Height D HEIGHT means the vertical distance from one point to another point. D HIGHWAY means a term defined in the Transportation Act as amended from time to time. G HOME BASED BUSINESS means an occupation or profession carried out in a dwelling unit, or a building accessory to a dwelling unit, primarily by a permanent resident of the dwelling unit, where such occupation or profession is accessory to the residential use of the dwelling unit. L I IMPERVIOUS SURFACE Means ground, covered ground, buildings, or structures which water cannot infiltrate. G INDOOR RECREATION AND ENTERTAINMENT means the use of buildings or structures for recreation, amusement, or entertainment primarily conducted indoors, such as billiard halls, bowling alleys, arcades, fitness centres, sport facilities, gymnasiums, dance studios, theatres, cinemas, auditoria, swimming pools, concert halls, and galleries. L J JUNKYARD means the area outside of an enclosed Building where junk, waste, used building and industrial materials, scrap metal, discarded or salvage materials are bought, sold, exchanged, stored, baled, parked, disassembled or handled. L K KENNEL means the use of a lot on which four (4) or more dogs are trained, bred, or boarded, either for remuneration or for the purpose of sale. L L LANDSCAPE SCREEN means an opaque barrier formed by a row of shrubs, trees or by a wooden Fence or masonry wall or by a combination of these. G Village of Valemount Zoning Bylaw Page 105 of 114 LANDSCAPING means any combination of trees, bushes, shrubs, plants, flowers, lawns, bark mulch, decorative gravel, decorative paving, planters, decorative Fences and the like, arranged and maintained so as to enhance the appearance of the property and shall not include paved Parking Areas, sidewalks, uncleared natural bush, undergrowth or weed growth. G LANE means a highway which provides only secondary access to a parcel being located at the side or rear of the parcel. G LAUNDROMAT A facility where customers or employees wash, dry, or dry clean clothing or other fabrics and may include a retail or concession component. L LIBRARY Means a public, facility in which literary, musical, artistic, or reference materials such as but not limited to books, manuscripts, computers, recordings, or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale. L LIGHT MANUFACTURING See Manufacturing, Light L LOADING AREA, OFF-STREET means an area designed for the loading and unloading of goods from motor vehicles located on the same lot as the building, structure, or use that requires an off-street loading area. D LOADING SPACE, OFF-STREET means a space within an off-street parking area for the loading and unloading of goods from motor vehicles, excluding driveways, ramps, columns, offices and work areas. D LODGE, GUIDING OR TOURISM means a building associated with guide-outfitting, guest ranch tourism or other tourism activities that provides temporary accommodation for paying guests of the guide or tourism outfitter and may include sleeping facilities, communal dining facilities, sanitary facilities, and/or assembly and recreation facilities for the exclusive use of guests of the guide or tourism outfitter. D LOT See Parcel D M MANUFACTURING, HEAVY means the creating, fabricating, processing, production, assembly, or packaging of materials, goods, or products and their distribution, which may generate a detrimental impact, potential health or safety hazard or nuisance beyond the boundary of the parcel, and may include supplementary warehouse and staging facilities. L MANUFACTURING, LIGHT means the creating, fabricating, processing, production, assembly, or packaging of materials, goods, or products and their distribution, which does not generate any detrimental impact, potential health or safety hazard or nuisance factors beyond the boundary of the lot. L MARKET GARDEN means a garden grown in any lot where the produce will be sold at a farmer's market or other venue, including a seasonal front yard stand not exceeding 5 m2. L MICROBREWERY & CRAFT DISTILLERY Means a Licensed Microbrewery or Craft Distillery Facility that includes the brewing or distilling of alcoholic beverages or alcoholic products, which may include an associated bar, restaurant, public tasting, or may include the wholesale or retail sale of products that are manufactured on-site. L Village of Valemount Zoning Bylaw Page 106 of 114 MIXED USE DEVELOPMENT Means a building which integrates a mixture of residential and commercial land uses. L MOBILE HOME See Dwelling, Mobile Home L MANUFACTURED HOME PARK (Per Bylaw 881) means land used or occupied by any person for the purposes of providing individual spaces for the accommodation of two or more Mobile Homes or Modular Homes and for imposing a charge or rent for the use of such space L MODULAR HOME See Dwelling, Modular Home L MUSEUM means an establishment, building or institution devoted to the procurement, care, study and display of objects of lasting interest or value and may have a retail component. L N NATURAL BOUNDARY means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself. In addition, the Natural Boundary includes edge of dormant or old side channels and marsh areas. F NEIGHBOURHOOD PUB See Food and Beverage Service - Liquor Primary L O OUTDOOR DISPLAY YARD means an area outside an enclosed Building used solely for the display of finished products of an industry, the display of vehicles, trailers, trucks, truck trailers equipment, machinery or boats for sale or for rental, or a retail establishment. G OUTDOOR RECREATION FACILITY means buildings, structures, or land that are available to the public for sports and active recreation conducted outdoors. Typical uses include sports fields, outdoor tennis courts, athletic fields, bowling greens, horseshoe pits, skateboard parks, playgrounds, volleyball courts, and includes accessory uses such as park maintenance and service facilities. L P PAD means a paved surface on which blocks, posts, runners or strip footings are placed for the purpose of supporting a Mobile Home or unit. G PARCEL means an area of land, designated and registered under the Land Title Act or the Condominium Act as a separate and distinct parcel on a legally recorded plan or description deposited in the Land Title Office, but does not include a highway right-of- way or portion thereof and includes a strata parcel pursuant to the Condominium Act and registered in the Land Title Office. G Village of Valemount Zoning Bylaw Page 107 of 114 PARCEL AREA means the total horizontal area within the Parcel Lines of an entity of land registered under the Land Title Act, or the Condominium Act, or recognized under the Land Act. D PARCEL COVERAGE See Site Coverage D PARCEL LINE means the boundary of a parcel. G PARCEL LINE, EXTERIOR SIDE means a Parcel Line, other than a Front or Rear Parcel Line, which is common to the parcel and a Highway other than a Lane or walkway. D PARCEL LINE, FRONT means the shortest Parcel Line common to a parcel and a Highway other than a Lane D PARCEL LINE, INTERIOR SIDE means a Parcel Line other than a Rear or Front Parcel Line which is not common to a Highway other than a Lane. D PARCEL LINE, REAR means the Parcel Line which lies the most opposite to and is not connected to the Front Parcel Line. D PARCEL WIDTH means the average horizontal distance between two side Parcel Lines. D PARKING AREA means an open area of land, above or underground, other than a street, used for the parking of vehicles and shall include Parking Spaces, ingress, egress, and maneuvering isles D Village of Valemount Zoning Bylaw Page 108 of 114 PARKING AREA, OFF-STREET means a Parking Area located on the same parcel as the building, structure, or use. D PARKING SPACE means a space within a Building or Parking Area, for the parking of one vehicle, excluding driveways, aisles, ramps, columns, office and work areas. D PARKING SPACE, ACCESSIBLE means a parking space that is accessible for those with mobility needs. PARTY WALL means a wall common to two dwelling units joining the abutting units across a common interior lot line. G PERSONAL PROPERTY means material goods owned, used, and maintained by an individual, or individuals, and does not include merchandise which was obtained on consignment. G PERSONAL SERVICE ESTABLISHMENT means a business providing service to the person, including but not limited to medical clinic, dental clinic, barber shop or beauty salon; or providing a repair or cleaning service to personal or household goods customarily used within a dwelling unit. L PRINCIPAL BUILDING (per Bylaw 907) means the Building which contains the Principal Use of the parcel and shall include attached garages, carports and attached covered patios with permanent foundations PRINCIPAL DWELLING means the Dwelling Unit which is the largest and primary dwelling unit on the parcel. G PRINCIPAL USE means the main purpose for which land, Buildings and Structures on a parcel are ordinary used. G PUBLIC PARK A natural or landscaped area, buildings or structures provided for the enjoyment of the public. L PUBLIC STREET means a street, lane, alley, or, other thoroughfare intended for vehicular use and governed by the rules of the Village of Valemount G PUBLIC TRANSPORTATION DEPOT PUBLIC WORKS & UTILITIES means a system, work, Building, plant, equipment or resource owned by a local government, public or private utility company or other government agency for the provision of water, sewer, drainage, gas, electricity, transportation, communication services, community sewer system or public works yard. L R REAR LOT LINE See Parcel Line, Rear D RECREATIONAL VEHICLE means only a motor vehicle or trailer equipped with living space and amenities found in a home but not a mobile home. G RECYCLING DEPOT Means a building or facility in which recyclable materials are collected, sorted and then shipped off-site for processing or manufacturing. L RESTAURANT See Food and Beverage Service - Food Primary (including catering) L Village of Valemount Zoning Bylaw Page 109 of 114 RESTAURANT, DRIVE-THROUGH See Drive-through Restaurant L RETAIL LIQUOR SALES ESTABLISHMENT means a licensed retail store selling wine, beer, spirits, and other alcoholic beverages. Typical uses include provincially operated or licensee liquor stores and winery or brewery store- fronts. L RETAIL STORE means a Building where goods, wares, merchandise, substances, articles or things are offered or kept for sale to the general public, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things, sufficient only to service the retail use and shall include convenience store and thrift store. A Retail Store use does not include Cannabis Retail Store, as defined in this bylaw. L RIDING STABLE means a facility for the boarding and rental of horses. L S SENIORS RESIDENTIAL CARE Independent and assisted living that may also include multi-purpose rooms for communal purposes, services such as laundry, dining, kitchen, fitness, salon services, massage clinic, physiotherapy, visiting and guest housing, service staff housing, offices, and public use of equipment, services and spaces that support in some capacity the independent and assisted living principal use. L SERVICE STATION means premises used principally for the retail sale of motor fuels, lubricating oils and motor vehicle accessories and the servicing of passenger vehicles and light trucks, and may include the auxiliary retail sale of other products, but shall not include any wholesale sales, automotive frame repairs, body repairs, or painting, heavy equipment or heavy truck repair. L SERVICE, REPAIR & EQUIPMENT RENTAL SHOP Means a commercial enterprise where equipment, vehicles or machines are repaired and serviced for customers and may include rental of vehicles or equipment. L SETBACK means the minimum distance between a building, structure, or use, or from each of the respective Parcel Lines, or from a Natural Boundary or other reference line. D SETBACK, EXTERIOR SIDE means the minimum distance between a building, structure, or permitted use, and the boundary between a highway or public street. D SETBACK, FRONT means the minimum distance between a building, structure, or permitted use, and the front lot line. D SETBACK, INTERIOR SIDE means the minimum distance between a building, structure, or permitted use, and the boundary between two lots. D SETBACK, REAR means the minimum distance between a building, structure, or permitted use, and the rear lot line. D SHIPPING CONTAINER means a prefabricated container designed, constructed and used for the transportation of goods by rail, ship, or truck, whether or not it is intended to continue to be used for this purpose. L Village of Valemount Zoning Bylaw Page 110 of 114 SHOPPING CENTRE means a unified group of Retail Stores and Personal Service Establishments on a site planned, developed and managed as a single operating unit, with shared on-site parking. L SHORT-TERM VACATION RENTAL means the rental of a Dwelling Unit or a portion of a Dwelling unit for less than 30 days. SHORT-TERM VACATION RENTAL - MINOR means a Short-Term Vacation Rental in accordance with the Regulations set out in Section 2.8 of this Bylaw pertaining to Short-Term Vacation Rental - Minor. SHORT-TERM VACATION RENTAL - MAJOR means a Short-Term Vacation Rental in accordance with the Regulations set out in Section 2.8 of this Bylaw pertaining to Short-Term Vacation Rental - Major. SITE COVERAGE (per Bylaw 907) means the percentage of the Parcel Area covered by the all Buildings including Accessory Buildings and Structures, includes attached or unattached carports, attached covered patios and other structures supported by a permanent foundation and excludes balconies, bay windows, canopies and sun shades, cornices, eaves and gutters, roof overhangs, fire escapes, sills, steps, open and enclosed terraces at grade or similar projections. D Village of Valemount Zoning Bylaw Page 111 of 114 SPECIAL CARE FACILITY means an institution or residential facility where care and attention is furnished, with or without charge on account of age, infirmity, physical or mental defect, or other disability which requires care and which is designated as a community care facility under the Community Care and Assisted Living Act. L SPECIAL NEEDS HOUSING means housing provided to persons who have special needs due to age, physical or mental infirmity, or other condition. L STANDARD DYKES means those built to a minimum crest elevation equal to the Flood Construction Level and meeting standards of design and construction approved by the Ministry of Environment, and maintained by an ongoing authority such as a local government body. F SELF-STORAGE FACILITY means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations or businesses for self-service storage of property and goods. L STORAGE YARD means an area outside of an enclosed building where equipment, material, goods, products, and vehicles are stored, sold or distributed but shall not include a Junk Yard, Outdoor Display Yard or Wrecking Yard. L STOREY means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of a floor and the ceiling above it. G STRUCTURE means any construction fixed to, supported by or sunk into land or water but does not include fences, retaining walls, concrete, asphalt, brick, tile, or similar surfaced areas. G T TAVERN See Food and Beverage Service - Liquor Primary L TEMPORARY BUILDING means a Building that does not have its exterior walls supported on continuous concrete or masonry foundations or walls but shall not include Manufactured Housing or Mobile Homes, except in the case of a Mobile Home when located in a C Zone on a short term or temporary basis while the Principal Building is being constructed. A Temporary Building or temporary Structure may be erected for construction purposes only on a parcel being developed for a period not to exceed the duration of the construction. L THRIFT STORE means a retail store operated by a non-profit society which primarily sells donated used merchandise. L TOURIST ACCOMMODATION - Major means temporary (maximum stay of 30 consecutive days) lodging for the travelling public and includes hotels, motels, and hostels with greater than 12 units. L TOURIST ACCOMMODATION - Minor means temporary (maximum stay of 30 consecutive days) lodging for the travelling public and includes hotels, motels, and hostels with 12 or less units. L TOURIST SERVICES means the provision of land for accommodating the travelling public who provide their own shelter, including campgrounds and travel trailer courts. L Village of Valemount Zoning Bylaw Page 112 of 114 U USE means the purpose for which any parcel, tract of land, Building or Structure is designed, arranged or intended or for which it is occupied or maintained. G USEABLE OPEN SPACE means any part of a lot which is not occupied or obstructed by any hard-surfaced off- street parking or buildings or any structures except underground structures. G V VACATION RENTAL, SHORT TERM See Short-Term Vacation Rental L VEHICLE SALES AND SERVICE means an establishment where a person may purchase a new or used automobile, truck, motorcycle, or RV (recreational vehicle) and/or vehicle maintenance and servicing. L VEHICLE, DERELICT means any vehicle no longer in road worthy condition, in a state of disrepair, wrecked or being dismantled but does not include vehicles stored in buildings, commercial or farm vehicles or vehicles used for commercial or industrial purposes on land zoned for commercial or industrial use in this Bylaw. G VETERINARY CLINIC means a facility for the medical treatment of small or large animals and includes provision for their overnight accommodation within the building only, and may include associated office space. L VETERINARY CLINIC - SMALL ANIMAL means a facility for the medical care and treatment of small animals and household pets only and includes provision for their overnight accommodation within the building only, and may include associated office space. L W WATERCOURSE means any natural or man-made depression with well defined banks and a bed 0.6 m or more below the surrounding land serving to give direction to a current of water at least six (6) months of the year or having a drainage area of two (2) km² or more upstream of the point of consideration. F WRECKING YARD means land and/or Buildings where motor vehicles, tractors, logging equipment, farm implements, motorcycles, boats and industrial equipment are disassembled, prepared for disposal, are rebuilt or are reused as part of a recycling program, and the keeping and/or storing of salvaged materials where such materials are bought, sold, exchanged, baled or otherwise processed for further use. L Y YARD SALE means any general retailing to the public of personal property from a residential premise and includes, but is not limited to, all sales entitled garage, lawn, attic, porch, driveway, backyard, patio, flea, market, or rummage sale. G Village of Valemount Zoning Bylaw Page 113 of 114 YARDS YARD, FRONT means the area of a parcel located between the Front Parcel Line and the Front Building Line. D YARD, REAR means the area of a parcel located between the Rear Parcel Line and the Rear Building Line. D YARD, SIDE means the area of a parcel located between the Interior or Exterior Side Parcel Line and the side Building Line. The side Building Line is a line parallel to the Interior or Exterior Side Parcel Line drawn across the parcel through the point where a Principal Building on the parcel is closest to the Interior or Exterior Side Parcel Line. D Z ZONE means a zone as established in this Bylaw. G Village of Valemount Zoning Bylaw Page 114 of 114 PART 7 | Zoning Map 7 Zoning Map