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District of Wells Zoning Bylaw
i
DISTRICT OF WELLS ZONING BYLAW
TABLE OF CONTENTS
Page No.
SCHEDULE A:
District of Wells Zoning Bylaw (text)
1.0
GENERAL .............................................................................................................
1
1.1
Basic Provisions .........................................................................................
1
1.2
Administration and Enforcement ...............................................................
2
2.0
INTERPRETATION AND DEFINITIONS ..........................................................
3
3.0
GENERAL PROVISIONS AND REGULATIONS ..............................................
23
3.1
Uses Permitted - General ...........................................................................
23
3.2
Floodplain Setback Provisions ...................................................................
23
3.3
Multiple Uses and Zones ...........................................................................
24
3.4
Existing Lot of Record ...............................................................................
24
3.5
Established Building Line ..........................................................................
24
3.6
Home Occupation ......................................................................................
24
3.7
Home Industry ...........................................................................................
25
3.8
Occupancy During Construction ...............................................................
26
3.9
Bed and Breakfast Accommodations .........................................................
27
3.10
Rooming and Boarding Accommodations..................................................
27
3.11
Ancillary Buildings, Structures and Uses ..................................................
27
3.12
Accessory Dwelling Units .........................................................................
28
3.13
Temporary Dwelling Units ........................................................................
28
3.14
Height and Yard Exceptions ......................................................................
29
3.15
Minimum Lot Area Exceptions .................................................................
30
3.16
Parking Requirements ................................................................................
31
3.17
Tree Protection............................................................................................
32
District of Wells Zoning Bylaw
ii
Table of Contents (continued . . .)
Page No.
4.0
USES PERMITTED AND ZONE PROVISIONS .................................................
34
4.1.A Wells Commercial District (CW) Zone .....................................................
35
4.1.B Wells Commercial District -Casino/Cabaret (CWC) Zone....................... 38
4.2
Commercial Service / Light Industrial (C/M) Zone .................................. 39
4.3
Commercial Recreational (CR) Zone ........................................................
42
4.4
Residential - Commercial (RC) Zone......................................................... 44
4.5
General Industrial (M 2) Zone ...................................................................
46
4.6
Heavy Industrial (M 3) Zone .....................................................................
48
4.7
Institutional (P) Zone .................................................................................
50
4.8
Residential 1 (R 1) Zone ............................................................................
52
4.9
Residential 1A (R1A) Zone .......................................................................
54
4.10
Residential 2 (R 2) Zone ............................................................................
56
4.11
Multi-Family Residential (R 3) Zone ........................................................
58
4.12
Mobile Home Park (R 4) Zone ..................................................................
60
4.13
Rural 1 (RR 1) Zone ...................................................................................
62
4.14
Rural 2 (RR 2) Zone ..................................................................................
64
4.15
Open Space, Parkland (OSP) Zone ............................................................
66
4.16
Resource Area (R/A) Zone ........................................................................
68
4.17
Barkerville Satellite and Protected Areas (B 2) Zone ...............................
70
4.18
Educational (School) (S) Zone .................................................................
71
SCHEDULE B:
Zoning Maps
SCHEDULE A
DISTRICT OF WELLS ZONING BYLAW
1.0
GENERAL
1.1
BASIC PROVISIONS
1.1.1 Within the District of Wells, no person shall:
District of Wells Zoning Bylaw
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(a)
use any land, buildings or structures;
(b)
commence any construction to erect, move, enlarge or structurally alter any
building or structure; or
(c)
create a lot by subdivision under the Land Title Act or Condominium Act;
except as permitted by:
i)
these regulations;
ii)
these regulations as varied by a Development Variance Permit issued
by the District Council pursuant to Section 922 of the Local
Government Act;
iii)
these regulations as varied by order of a Board of Variance;
iv)
these regulations as varied by a tree cutting permit issued by the
District;
v)
provisions of the Local Government Act respecting non-conforming
uses;
vi)
with respect to subdivision, for residence of a relative as outlined in
the Local Government Act
1.1.2 No provisions in these regulations shall be construed to replace, or remove the need
for approvals under any other act or regulation, notably the Agricultural Land
Commission Act, Health Act, Highway Act, Waste Management Act, Water Act,
Forest Act, Land Act, and Indian Act.
1.1.3 Notwithstanding any other provisions of this bylaw, all lands within the Forest Land
Reserve are subject to the provisions of the Forest Land Reserve Act, regulations and
orders of the Land Reserve Commission which allow forest management activities
including timber production and harvesting and restrict most non forest uses.
Nothing in this bylaw shall have the effect of restricting, directly or indirectly, a
forest management activity relating to timber production or harvesting on land that
is forest reserve land ( as defined in the Forest Land Reserve Act) or managed forest
land (as defined in the (Forest Land Reserve Act) so long as the managed forest land
continues to be used only for that purposes.
1.1.4 Metric units are used for all measurements in this bylaw. The approximate equivalent
metric units in feet, square feet and acres are included for convenience only and do
not form part of this bylaw.
1.1.5 Applications to amend this bylaw should be evaluated in relation to the goals,
objectives and policy guidelines of the District of Wells Official Community Plan,
and with reference to:
(a)
compatibility and the degree of potential land use conflict between the
proposed use and nearby existing uses;
District of Wells Zoning Bylaw
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(b)
the ability to provide the necessary servicing, including the provision of
adequate water supply and on-site sewage disposal;
(c)
environmental impact;
(d)
traffic and access;
(e)
comments and approvals required by other jurisdictions; and
(f)
public input received from the required public hearing.
To minimize the need for the use of "restrictive covenants" in special case situations,
"special zones" may be established to include uses not otherwise permitted in a
particular zone, to exclude uses that would otherwise be permitted, or to vary the
applicable zone provisions for a particular lot or group of lots, as deemed necessary.
1.2
ADMINISTRATION AND ENFORCEMENT
1.2.1 The Bylaw Enforcement Officer appointed by or on behalf of the Council for the
District of Wells is hereby authorized pursuant to Section 268 of the Local
Government Act, to enter, at all reasonable times, on any property including land and
improvements, that is subject to this bylaw to ascertain whether the requirements of
this bylaw are being met or the regulations and prohibitions under this bylaw are
being observed.
1.2.2 A Building Inspector for or on behalf of the District of Wells shall not issue any
permit except in accordance with these regulations.
1.2.3 Any owner or occupier of land who contravenes, or who suffers or permits any
contravention of any provision of these regulations shall be guilty of an offense, and
shall be liable to the penalties herein imposed.
1.2.4 Any person who is guilty of an offense against these regulations may, upon summary
conviction, be liable to a penalty or fine of not more than ten thousand dollars
($10,000). Each day or part thereof during which any contravention is continued
shall constitute a new and separate offense.
2.0
INTERPRETATION AND DEFINITIONS
2.1
Throughout this bylaw, all words and phrases in these regulations shall have their
normal or common meaning, or as defined by Provincial Statute, except that the
definitions specified in Section 3.3 shall apply. Reference to a "zone" or "zone
symbol" are as established in Section 4.
2.2
The precise boundaries for each zone shall be deemed to:
(a)
follow the boundary of a lot; or
(b)
in the case of a stream or river, or road allowance or other right-of-way,
follow the centre line of such; or
(c)
in the case of a lake or pond or similar standing body of water, follow the
District of Wells Zoning Bylaw
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natural boundary of such, except where none of the above apply, and where
the lot line is below the natural boundary, in which case the boundary shall
follow the lot boundary; or
(d)
be as outlined in Schedule B: Map Appendices - For Multiple Zones, where
applicable; or
(e)
follow the Wells area plan boundary as outlined in Schedule B.
Notwithstanding the above, where a zone boundary does not follow a legally defined
line, and where distances are not specifically indicated, the location of the boundary
shall be determined by scaling or distance measurement from the Map Appendices,
where applicable.
2.3
In this bylaw, unless the context requires otherwise, the following definitions and
interpretations shall apply:
1.
"ABATTOIR" means a building or a portion of a building thereof where live
animals are slaughtered and butchered and may include facilities for the
packaging, treating and storage of meats and meat products.
2.
"ACCESSORY DWELLING UNIT" means a dwelling unit which is
ancillary to a permitted non-residential use and is occupied by either the
owner, or by the family of a person employed on the lot where such dwelling
is located, and may be situated above, behind, or beside as an attached unit,
or in a detached building from the permitted non-residential use.
3.
"AGRICULTURAL OPERATION" means the growing, rearing, producing,
and harvesting of primary agricultural products. Bona fide agricultural
operation means the growing, rearing, producing and harvesting of primary
agricultural products on lands classified and denoted as a farm by the British
Columbia Assessment Authority.
4.
"ANCILLARY BUILDING" means a building or structure subordinate and
supplementary to the principal building or use permitted on the same lot and,
without limiting the generality of the foregoing, includes tool sheds, storage
sheds, workshops, attached and detached garages and carports, but excludes
agricultural buildings and structures or temporary dwelling units, which are
otherwise regarded as principal uses.
5.
"ANCILLARY USE" means subordinate and supplementary to the principal use of
land, buildings or structures and located on the same lot.
6.
"ANIMAL HOSPITAL" means a building or portion thereof where one or more
licensed veterinarians and associated staff provide medical, surgical, or general
health care services for domestic animals and house pets, and may also include
grooming or boarding services.
7.
"ANTIQUE AND SECOND HAND SALES" means a building or part thereof where
antique furniture, used appliances, household goods, clothing, tools and arts and
crafts products are kept and offered for retail sales.
District of Wells Zoning Bylaw
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8.
"AQUACULTURE" means the growing and cultivation of aquatic plants or fish for
commercial purposes, in any water environment or in human-made containers of
water, and includes the growing and cultivation of shellfish on, in or under the
foreshore or in the water.
9.
"ARTERIAL HIGHWAY" means an arterial highway as defined in the Highway
Act.
10.
"ASPHALT MANUFACTURING" means the production of road paving materials
from raw materials and petroleum products.
11.
"ASSEMBLY" means the collection and fitting of various parts into a final product.
12.
"AUDITORIUM" means a hall or building used for public gatherings.
13.
"AUTO BODY WORK AND PAINTING" means a building or part thereof used for
the painting and/or repairing of automobile bodies, but does not include a wrecking
or salvage yard.
14.
"AUTO WRECKING" means an establishment, which may include land, buildings
or structures, where motor vehicle parts are salvaged and stored for future use or for
wholesale or retail sale.
15.
"AUTOMOTIVE REPAIR GARAGE" means a building or part thereof where the
services performed or executed on motor vehicles include the installation or repair of
exhaust systems, electrical systems, transmissions, brakes, radiators, tires and
wheels, rust proofing, diagnostic services, major and minor mechanical repairs, and
in conjunction with an automotive repair garage there may be a motor vehicle service
station, a towing service, and an automobile rental service for the convenience of the
customers while their vehicles are being repaired.
16.
"BAKERY" means a business establishment for baking or selling baked goods.
17.
"BANK OR FINANCIAL INSTITUTION" means an establishment involved in the
custody, loan, exchange, or issue of money, the extension of credit, and the
transmission of funds, and may include a chartered bank, a trust company, a savings
and loan company or a credit union.
18.
"BED
AND
BREAKFAST
ACCOMMODATIONS"
means
overnight
accommodations and a morning meal in a dwelling unit provided to the travelling
public for monetary compensation for a length of stay of three consecutive months or
less in any calendar year, but shall not include a rooming or boarding house, a hotel,
a motel, a group home, or a restaurant.
19.
"BEEKEEPING" means an apiary or a place where bees are kept and raised, and
includes the preparation of honey from the nectar of flowers.
20.
"BOTTLING AND DISTRIBUTION PLANT" means a business establishment
involved in the receipt, mixing, filling, storage and distribution of bottled goods.
District of Wells Zoning Bylaw
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21.
"BREWERY" means a business establishment involved in the manufacture of
fermented liquors, for sale, from malt, wholly or in part, or from any substitute
thereof.
22.
"BUILDING" means a building as defined in the BC Building Code.
23.
"BUILDING INSPECTOR" means the Building Inspector employed by or under
contract to the District of Wells.
24.
"BUILDING SUPPLY STORE" means a building or structure in which construction
and home improvement products, tools, equipment and materials are stored and
offered for retail sale, and may include the assembly and fabrication of materials
related to construction and home improvements.
25.
"BUTCHERING AND SLAUGHTERING" means the killing of live animals and the
dressing of their flesh for market.
26.
"BYLAW ENFORCEMENT OFFICER" means the Bylaw Enforcement Officer
employed by or under contract to the District of Wells.
27.
"CAMPGROUND" means an area of a lot used for the temporary accommodation of
travellers in camping units such as tents, trailers, campers or motor homes for
recreation, education or vacation purposes, and which may be licensed
accommodation under the regulations made pursuant to the Travel Regulation Act.
28.
"CAMPSITE" means an individual site within a campground designated or allocated
for temporary accommodation of travellers in a specific camping unit.
District of Wells Zoning Bylaw
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29.
"CAR WASH" means a business establishment consisting of a building or structure
for washing automobiles and may include facilities for automatic or semi-automatic
washing, rinsing, drying and waxing of automobiles.
30.
"CARPORT" means a roofed enclosure used for the storage or parking of vehicles
with less than 60% of its total perimeter enclosed by walls, doors or windows.
31.
"CASINO" means a business establishment within the meaning of the Gaming act.
32.
"CATALOGUE SALES" means a business establishment which does not display
products or commodities on site, but relies on product lists and catalogues for the
sale of products and commodities which are warehoused and distributed from an
alternative location.
33.
"CEMETERY" means lands or property that is used as a place for the interment of
the dead, or in which human bodies have been buried, within the meaning of the
Cemetery Act.
34.
"CHURCH" means a building or structure or part thereof dedicated to religious
worship or organized religious services and associated accessory uses which may
include a church hall or auditorium, Sunday school, nursery school, day care centre,
parish hall or other related non-profit organizational uses, an accessory dwelling unit
and a cemetery.
35.
"CINEMA" means a building or part thereof devoted to the showing of motion
pictures.
36.
"COFFEE HOUSE" means a business establishment specializing in the retail sale of
coffee, baked goods and similar refreshments.
37.
"COMMERCIAL CLUB" means a building or part thereof where a club,
organization or activities centre is operated for gain or profit, may require
membership qualifications or the payment of fees and dues, and may include
facilities for social activities, athletic activities, physical fitness or recreation.
38.
"COMMERCIAL FLOOR AREA" means the total usable floor area within a
building used for commercial purposes, otherwise referred to as "gross leasable
area", but excludes common areas shared by all tenants in a multi-tenant building,
areas for public washrooms, utility rooms, storage rooms, and common malls
between stores.
39.
"COMMERCIAL NURSERY AND GREENHOUSE" means a building or structure
or part thereof for the growing, display, wholesale or retail sale of flowers, fruits,
vegetables, plants, shrubs, trees or similar vegetation, and may include the sale of
other goods, products and equipment normally associated with gardening and
landscaping.
District of Wells Zoning Bylaw
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40.
"COMMERCIAL STORAGE OF VEHICLES" means an establishment containing a
fenced area or compound for the temporary storage of vehicles, but does not include
the dismantling, repair or storage of automotive parts and accessories.
41.
"COMMUNITY CARE FACILITY" means a licensed establishment or daycare
providing for the care, supervision and protection of ten or more children.
Establishments for ten or fewer children may be permitted to operate as a home
occupation. Otherwise, a community care facility shall be interpreted in accordance
with the provisions of the Community Care Facility Act.
42.
"COMMUNITY FACILITY" means a building or structure owned and operated by a
government agency or department to provide services to the public.
43.
"COMMUNITY HALL" means a building or room of considerable size, for the
benefit and use of the community, and used as a place for the meeting of public
assemblies.
44.
"COMMUNITY SEWER SYSTEM" means a common sewer, or system of sewerage
or sewage disposal, which serves two or more lots, and is approved under the Health
Act and the Waste Management Act.
45.
"COMMUNITY WATER SYSTEM" means a system of diverting, developing,
pumping, impounding, distributing, or furnishing water, for domestic purposes, to
four or more lots, and is approved under:
(a)
the Health Act, Water Act and Water Utility Act; or
(b)
the Health Act and Water Utility Act.
46.
"CONCESSION STAND" means a business or non-profit establishment occupying a
portion of a building or structure and involved in the retail sale of refreshments and
snack foods.
47.
"CONCRETE AND CEMENT MANUFACTURING AND STORAGE" means an
establishment, including lands, buildings and structures, involved in the making and
shipment of concrete and cement products and materials, including the storage of raw
materials such as limestone powders, sand and gravel.
48.
"CONFECTIONARY SHOP" means a business establishment occupying all or a
portion of a building or structure and involved in the retail sale of sweet foods,
candy, and other sundry items.
49.
"CONTRACTORS OFFICE, SHOP OR YARD" means a yard, buildings or part
thereof, including office area and structures for any building trade or contractor,
where equipment, materials, tools and machinery are stored, and includes a shop or
related assembly work, but specifically excludes the storage or repair of any
industrial equipment, machinery or motor vehicles, excluding recreational vehicles,
with a rated gross vehicle weight of more than 10,000 kilograms (22,045 pounds).
District of Wells Zoning Bylaw
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50.
"CONTROLLED ACCESS" means controlled access as defined in the Highway Act.
51.
"CONVENIENCE STORE" means a business establishment involved in the retail
sale of food, tobacco, pharmaceuticals, periodicals, or other similar items of
household necessity.
52.
"CURIO SHOP" means a business establishment occupying all or a portion of a
building or structure and involved in the retail sale of objects or articles valued
because they are strange or rare.
53.
"CURLING RINK" a building or structure or part thereof designed, built and
intended for the recreational sport of ice curling, and may include a room or hall for
related social activities.
54.
"CUT" means limb, trim or top.
55.
"DAIRY PRODUCTS" means the products from milk and milk byproducts.
56.
"DELICATESSEN" means a business establishment specializing in the preparation
and retail sale of ready-to-eat food products such as cooked meats and prepared
salads.
57.
"DISCOUNT RETAIL STORE" means an establishment or store, offering
merchandise for retail sales at less-than-usual retail prices, and characterized by large
structures or warehouse style facilities, offering merchandise for sale on industrial-
style shelving in original shipping boxes.
58.
"DISTILLED PRODUCTS" means liquid products condensed from vapour during
distillation, and includes spirits and distilled alcoholic liquor.
59.
"DRY CLEANERS" means a business establishment involved in the process of dry
cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric, and may
include use of solvents, where odours, fumes, noise or vibration does not create a
nuisance or disturbance off-premises.
60.
"DWELLING UNIT" means one or more rooms with self-contained sleeping, living,
and sanitary facilities containing not more than one set of cooking facilities, used or
intended for use as a residence for one or more persons. Other related and
supplementary definitions include:
(a)
"ACCESSORY DWELLING UNIT" means a dwelling unit which is
ancillary to a permitted non-residential use and is occupied by either the
owner, or by a person (and family) employed on the lot where such dwelling
unit is located, and may be situated above, behind, below or beside as an
attached unit, or in a detached building from the permitted non-residential
use.
District of Wells Zoning Bylaw
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(b)
"MULTI-FAMILY RESIDENTIAL DWELLING" means a building
containing three or more residential dwelling units either with individual
accesses or common accesses or hallways, and may include threeplexes,
fourplexes, apartments, townhouses or row housing, for rental occupation, or
for common ownership in accordance with the Condominium Act.
(c)
"MULTI-FAMILY RESIDENTIAL DWELLING UNIT" means a dwelling
unit located within a multi-family residential dwelling.
(d)
"SINGLE-FAMILY RESIDENTIAL DWELLING" means a building
consisting of not more than one dwelling unit.
(e)
"TEMPORARY DWELLING UNIT" means a residential dwelling unit
intended for occupation on a temporary basis, in accordance with the
provisions of this bylaw.
(f)
"TWO-FAMILY RESIDENTIAL DWELLING" means a building on a
single lot containing two dwelling units, either one above the other and
separated by a ceiling and floor extending from exterior wall to exterior wall,
or side by side and separated by a common party wall extending from ground
to roof, including detached dwelling units which are linked by a carport or
garage but share a continuous permanent foundation and common roof area.
61.
"ELECTROPLATING" means the process of coating, as with metals, by electrolysis
or the production of chemical changes by passage of an electronic current through an
electrolyte.
62.
"ESTABLISHED BUILDING LINE" means the average setback from the street line
of the two lawfully established buildings on adjacent lots, or the average setback of
at least three lawfully established buildings on separate lots on the same side of a
street within 200 metres of road frontage of the subject property.
63.
"EVISCERATED POULTRY" means chickens, turkeys or other domesticated birds
with their entrails removed.
64.
"EXTRACTION OF RAW MATERIALS" means the process of removal and
refinement of sands, gravels and other minerals from the ground.
65.
"FABRICATING" means the process of making or creating through means of
cutting, carving, bending or shaping.
66.
"FEED AND SEED STORAGE" means the keeping and storage of agricultural
products or food for livestock or crop production.
67.
"FEEDLOT" means a fenced area where livestock, poultry or farmed game is
confined solely for the purpose of growing or finishing, and is sustained by means
other than grazing.
District of Wells Zoning Bylaw
12
68.
"FIRE HALL" means a building or structure or part thereof containing vehicles and
equipment intended for the prevention or extinguishing of fires, including ancillary
rooms and activity areas for the firefighters, and may include ancillary meeting
rooms for public assemblies.
69.
"FIRST AID STATION" means a building or structure or part thereof providing
services for the emergency care or treatment of injured or ill persons.
70.
"FLOOR AREA means the maximum area contained within the outside dimensions
of the exterior walls of a building.
71.
"FLOOR AREA RATIO" means the number or percentage obtained when the floor
area of all buildings or structures on a lot are divided by the land area of the lot.
72.
"FRATERNAL CLUB OR ORGANIZATION" means a group of people organized
for a common interest, usually cultural, religious, or entertainment, with regular
meetings, rituals, and formal written membership requirements.
73.
"FUEL SERVICE" means the service and provision of fuels and lubricating oils for
motor vehicles, boats and aircraft, ancillary to a permitted tourist commercial use.
74.
"FUEL STORAGE AND SUPPLY YARD" means an establishment, including lands,
buildings and containers or tanks involved in the bulk storage and supply of
petroleum, gasoline, fuel oil, propane, flammable liquid or fluid.
75.
"FUR FARM" means a place in which two or more fur bearing animals are kept in
captivity, where fur bearing animals means animals that are wild by nature, kept in
captivity, and whose pelts are commonly used for commercial purposes.
76.
"FURNITURE REPAIR" means the repair and refurbishing of household and office-
related furniture.
77.
"GAME BIRDS" include guinea fowl, pheasant, partridge, pigeon, quail, silkies,
peafowl, squab and tinamou.
78.
"GENERAL STORE" means a business establishment involved in the retail sale of
various general household items, including food and groceries, clothing, recreational
toys and equipment, convenience items and items of household necessity.
79.
"GOLF COURSE" means a public or private area operated for the purpose of playing
golf, and may include, as ancillary uses, a clubhouse, restaurant and parking area, a
concession stand, a pro shop, a putting green, and a practice range.
80.
"GREENHOUSE" means a building or structure, usually heated, covered with
translucent material for the purpose of admitting natural light for plant growth, and
of sufficient size for persons to work within the building or structure.
District of Wells Zoning Bylaw
13
81.
"GROCERY STORE" means a business establishment involved in the retail sale of
groceries and staple food items, and related household items.
82.
"GUEST RANCH" means a western-oriented, recreational tourist establishment
operating as a resort in conjunction with a horse or cattle ranch, in a predominantly
rural setting, and which provides accommodation, social / recreational activities and
facilities, including horseback riding and guiding.
83.
"HEALTH SERVICES CENTRE" means an establishment containing equipment
and facilities for exercising, training, reducing, tanning and relaxation.
84.
"HEALTH SPA" means a recreational tourist establishment, operating as a resort,
and which provides accommodation, social / recreational activities and facilities, and
includes facilities and services related to health, fitness and relaxation.
85.
"HEAVY EQUIPMENT SALES, REPAIRS OR STORAGE" means the retail sale,
wholesale, lease or rental of new or used industrial equipment, machinery or motor
vehicles with a rated gross vehicle weight of more than 10,000 kilograms (22,045
pounds), the maintenance, repair or storage of such equipment, machinery or motor
vehicles, and the sale of related parts and accessories.
86.
"HEIGHT OF BUILDING" means the vertical distance measured from the average
finished ground elevation to the highest point of the roof surface, excluding
chimneys, ventilators, vent pipes, antennas, lightning rods, spires, elevator
machinery and roof top heating / cooling units.
87.
"HIGHWAY" includes a street, road, lane, bridge, viaduct and any other way open to
public use, but does not include a Forest Service Road, a private right-of-way on
private property, or a pathway not intended for vehicular traffic.
88.
"HISTORIC SITE" means a structure or place of historic or cultural significance, and
recognized as such by local, provincial or federal authorities or agencies.
89.
"HOME INDUSTRY" means an occupation or use involving fabricating which is
clearly ancillary or secondary to a permitted residential use in accordance with the
provisions of this bylaw, and may be located within the principal residential dwelling
unit or in an ancillary building.
90.
"HOME OCCUPATION" means an occupation or use which is clearly ancillary or
secondary to a permitted residential use in accordance with the provisions of this
bylaw, and may only be located within the principal residential dwelling unit or in an
ancillary building.
91.
"HORTICULTURE" means activities related to the growing and cultivation of fruits,
vegetables, flowers, and ornamental plants.
District of Wells Zoning Bylaw
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92.
"HOTEL" means a building used exclusively for the transient lodging of the general
public, where payment for occupancy is on a daily or weekly basis to the operator of
the premises and which building may include ancillary services such as restaurants,
meeting or conference rooms, recreational facilities, and entertainment facilities
issued a Class A license pursuant to the Liquor Control and Licensing Act.
93.
"HOUSEKEEPING UNIT" means a dwelling unit for the temporary residential use
of tourists and other members of the travelling public, and may include sanitary as
well as kitchen or cooking facilities.
94.
"INDUSTRIAL REPAIRS" means an establishment offering services related to the
replacement and repair of industrial machinery and equipment.
95.
"INTENSIVE LIVESTOCK OPERATION" means the raising and feeding of
livestock on an intensive basis for commercial purposes. Without restricting the
generality of the forgoing, this definition includes feedlots, poultry or fowl
operations, fur farms, aquaculture, and wild game ranches for game birds or ratites.
96.
"KENNEL" means a business establishment in which dogs or domestic animals are
housed, groomed, bred, boarded, trained, or sold.
97.
"LAND" includes the surface of water.
98.
"LANE or LANEWAY" means a public way designed for vehicular use having a
width not less than 6 metres (19.69 feet) nor more than 7.5 metres (24.6 feet) and
affording only secondary means of access to a lot.
99.
"LAUNDROMAT" means a business establishment containing one or more washing
machines, and drying, ironing, finishing and incidental equipment, provided that only
water, soaps and detergents are used and where noise or vibration does not create a
nuisance or disturbance off-premises.
100.
"LIBRARY" means a place in which books and related materials are kept for use but
not for sale.
101.
"LIQUOR STORE" means a business establishment approved under the Liquor
Distribution Act for the retail sale of beer, liquor and wine, not for consumption on
the premises, and includes a government liquor store, a government beer store, and a
government wine store issued Class G license pursuant to the Liquor Control and
Licensing Act.
102.
"LIVESTOCK" includes cattle, horses, mules, ass, sheep, goats, swine, musk ox,
llamas, alpacas and rabbits.
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103.
"LODGE" means a tourist establishment, operating as a resort, and which provides
transient lodging and sleeping accommodations to the general public, where payment
for lodging is on a daily or weekly basis to the operator of the premises, and may
include ancillary social and recreational facilities and activities.
104.
"LOGGING AND FORESTRY ACTIVITIES" means the management, development
and cultivation of timber resources.
105.
"LOT" means an area of land designated as a separate and distinct entity on a legally
recorded subdivision plan or description filed under the Land Title Act or
Condominium Act in the Land Title Office or surveyed under the Land Act. Other
related and supplementary definitions are as follows:
(a)
"LOT AREA" means the total horizontal area within the lot lines.
(b)
"LOT COVERAGE" means the area of a lot covered by buildings and
structures, excluding farm buildings, expressed as a percentage.
(c)
"LOT FRONTAGE" means the horizontal distance between the side lot lines,
such distance being measured along a line parallel to the front lot line a
distance equal to the minimum required front-yard depth.
(d)
"LOT LINE" means the legal boundary of a lot that divides one lot from
another lot, or from a road right-of-way, and is further described as follows:
i)
"FRONT LOT LINE" means, in the case of an interior lot, the line
dividing the lot from the street. In the case of a corner lot, the shorter
lot line abutting a street shall be deemed the front lot line, and the
longer lot line abutting a street shall be deemed an exterior side lot
line, except where abutting a controlled access highway, in which
case the lot line where access is provided shall be deemed the front
lot line.
ii)
"REAR LOT LINE" means, in the case of a lot having four or more
lot lines, the lot farthest from and opposite to the front lot line. If a lot
has less than four lot lines, there shall be deemed to be no rear lot
line.
iii)
"SIDE LOT LINE" means a lot line other than a front or rear lot line.
(e)
"CORNER LOT" means a lot situated at the intersection of two streets.
(f)
"INTERIOR LOT" means any lot which has street access, other than a corner
lot.
106.
"MACHINE SHOP" means a building or establishment involved in the industrial
process of shaping, fabricating, finishing and repairing by means of machine-
operated tools.
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107.
"MANUFACTURED HOUSING" means a single-family residential dwelling built
in an enclosed factory environment in one or more sections, intended to be occupied
in a place other than where it is manufactured.
108.
"MANUFACTURING" means the process or operation of making wares or products
from raw materials, manually, or with the aid of machinery.
109.
"MARINA AND FLOATPLANE BASE" means an establishment, including
buildings, structures and docking facilities, and located on and adjacent to a
navigable waterbody, and used for the mooring, berthing and storing of boats and
floatplanes, and may include facilities for the sale, rental and repair of boats,
floatplanes and accessory marine crafts, including fuels and lubricants.
110.
"MEAT, FISH AND POULTRY PACKING PLANT" means an industrial
establishment involved in the packaging, canning and preserving of meat, fish and
poultry products intended for retail sale.
111.
"MEDICAL CLINIC" means a building or part thereof where members of the
medical profession, dentists, chiropractors, osteopaths, optometrists, physicians or
occupational therapists provide diagnosis and treatment to the general public without
overnight accommodation, and may include reception areas, offices for consultation,
treatment rooms, including X-ray and minor operating rooms, a pharmaceutical
dispensary, and a coffee shop.
112.
"MERCHANDISE SERVICE SHOP" means an establishment wherein articles or
goods such as household items and appliances or similar items may be repaired or
serviced.
113.
"MINI-STORAGE and SELF-STORAGE" means a building or structure or part
thereof containing separate, individual, and private storage spaces of various sizes,
leased or rented on individual leases for varying periods of time.
114.
"MOBILE HOME PARK" means land used or occupied for the purpose of providing
spaces for the accommodation of three or more mobile homes, including
improvements, utilities and services and facilities for the residents, and may include
lands under single ownership for limited term land-lease developments, or lands
under common ownership for developments approved under the Condominium Act.
115.
"MOBILE HOME and TRAILER SALES" means an establishment involved in the
display and sales of mobile homes and trailers.
116.
"MOTEL" means a building or buildings where most rooms are accessed from the
outside, and used exclusively for the transient lodging of the general public, where
payment for occupancy is on a daily or weekly basis to the operator of the premises,
and may include ancillary services such as restaurants and recreational facilities.
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117.
"MOTOR VEHICLE FUEL STATION" means a business establishment involved in
the retail sale of motor vehicle fuels (including gasoline, diesel fuel, gasohol,
propane and natural gas) and lubricating oils, including, as ancillary activities, the
sale of products ancillary to motor vehicle fuel sales.
118.
"MOTOR VEHICLE SERVICE STATION" means a business establishment
involved in the retail sale of motor vehicle fuels and lubricating oils, and including,
as ancillary activities, the sale of motor vehicle accessories and the servicing of
motor vehicles, except body works, painting, and major repairs.
119.
"MUFFLER SHOP" means an establishment specializing in the repair and
replacement of automotive exhaust systems.
120.
"MULTI-TENANT COMPLEX" means a building or structure leased to or owned
by different tenants containing two or more units and, as an example, may include
retail stores or wholesale outlets on the first floor, and offices on the second floor, or
main floor commercial uses and upper level residential uses, where permitted.
121.
"MUSEUM" means an institution or establishment devoted to the procurement, care,
and display of objects of lasting interest or value.
122.
"NATURAL BOUNDARY" means the visible high watermark of a lake, stream,
river, or other body of water where the presence and action of the water is so
common, usual, and long continued in all ordinary years as to mark upon the soil of
the bed of the lake, stream, river, or other body of water a character distinct from that
of the banks thereof, in respect to vegetation and the nature of the soil.
123.
"NEIGHBOURHOOD PUBLIC HOUSE" means a neighbourhood-oriented local
beverage room issued a Class D license pursuant to the Liquor Control and Licensing
Act.
124.
"NURSERY" means the outdoor production of woody ornamentals and herbaceous
perennial plants, including production in removable overwintering polyhouses, cold
frames and hot beds.
125.
"OFFICE" means that area within a building or structure or part thereof wherein
business is transacted or a service is provided, and includes the office of a private
business or corporation, or the office of a local, provincial, or federal government
agency or crown corporation, and includes any commission, board, authority or
department established by such agency or Crown corporation.
126.
"ON-GROUND SURFACE" means the grade or elevation of the natural surface, or
the average grade or elevation of the finished surface of the ground at the base of a
structure or a building that abuts a front, rear or side yard.
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127.
"OPEN STORAGE" means the keeping or storage of goods, materials, merchandise,
supplies, equipment or parts outdoors or in an unenclosed area.
128.
"OUTDOOR RECREATIONAL FACILITY" means an area designed and equipped
for the conduct of outdoor sports, recreational and leisure-time activities, and may
include provincial campsites and recreational sites, as well as ancillary buildings or
structures for the storage of related equipment, or public washroom facilities.
129.
"PACKING OR CRATING PLANT" means an industrial establishment involved in
processing, packing and crating of products and goods for shipment and transport.
130.
"PAINT, FLOOR AND WALL COVERING STORE" means a business
establishment specializing in the retail sale of household paints, flooring, and wall
covering products and related services.
131.
"PARKING LOT" means a lot used for the temporary parking of motor vehicles and
available for public use whether free, for compensation, or as an accommodation for
clients, customers or residents, but does not include the storing of impounded or
wrecked vehicles or vehicles for sale or repair.
132.
"PARKS AND PLAYGROUNDS" means areas intended for use by the public for
active and passive recreation, including facilities, equipment and structures for active
play by children as well as court and field games.
133.
"PERSONAL CARE HOME" means residences usually occupied by the elderly or
infirm that provide rooms, meals, personal care, and health monitoring services
under the supervision of a registered nurse and that may provide other services, such
as leisure, recreational, social, and cultural activities.
134.
"PERSONAL SERVICE SHOP" means a business establishment wherein personal
services are performed, including a barber shop, hair or beauty salon, shoe repairs,
tailor shop, photographic studio or other similar uses, but specifically excludes
massage parlours.
135.
"PHARMACY" means an establishment where the primary business is the filling of
medical prescriptions and the sale of pharmaceuticals, medical devices and supplies,
and non-prescription medicines, but where other non-medical products may be sold,
including cards, candies, cosmetics, and other household items related to personal
care.
136.
"PORTABLE SAWMILL" means a mill for sawing logs into rough lumber that is
capable of being moved, and is located on a site for a temporary period not to exceed
six months duration.
137.
"POSTAL OUTLET" means a limited service agency involved in the provision of
mail services.
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138.
"POULTRY" means domesticated birds kept for eggs, meat, feathers, hides or
cosmetic or medicinal purposes and includes broilers, layers, roasters, poultry
breeding stock, replacement pullets, cornish, turkey, game birds and ratites.
139.
"PRIMARY AGRICULTURAL PRODUCTS" means those products produced on
the farm and offered at the farm gate without any processing or value added.
140.
"PRIVATE HOSPITAL" means an institution or a distinct part of an institution that
is licensed or approved by the Ministry of Health to provide health care under
medical supervision for twenty-four or more consecutive hours to two or more
patients who are not related to the property owner by marriage, blood, or adoption,
and may include or consist of a long-term facility approved as a nursing home or
infirmary unit of a home for the aged.
141.
"PUBLIC GARAGE" means a building or structure or part thereof belonging to an
agency for public use where motor vehicles are stored and where fuels or oils are
kept for the servicing of motor vehicles and where repairs are effected, not including
the painting or repairing of automobile bodies.
142.
"PUBLIC STORAGE YARD" means a space or area appurtenant to a building or
structure belonging to an agency for public use where motor vehicles, equipment and
materials, including road sand and gravels, are stored and kept.
143.
PUBLIC USE" means lands, buildings, structures, or parts thereof used for public
services by any local, provincial, or federal agency, department, ministry or Crown
corporation.
144.
"PUBLIC UTILITY BUILDINGS AND STRUCTURES" means any buildings,
structures, facilities or parts thereof, including generating, switching and pumping
stations, relating to the furnishing of utility services, such as electric, gas, telephone,
water, sewer, and public transit to the public.
145.
"PUBLISHING AND PRINTING" means an establishment involved in the
production and reproduction of printed materials.
146.
"PULP AND PAPER" means the process of making paper from wood.
147.
"RACQUET COURTS" means indoor or outdoor court areas for the playing of
racquet sports, including tennis, squash, racquet ball and handball.
148.
"RATITES" means birds that have small or rudimentary wings and no keel to the
breastbone and includes ostriches, rheas and emus.
149.
"RAW MATERIALS" means mater or materials changed little from their original
form and includes materials extracted from the ground, including sand, gravel, rocks
and boulders.
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150.
"RECREATIONAL FACILITY" means a facility or place designed and equipped for
the conduct of sports and leisure-time activities.
151.
"RECREATIONAL VEHICLE PARK" means, similar to a campsite, an area of a lot
used for the temporary accommodation of travellers in recreational vehicles such as
trailers, campers or motor homes for recreation, education or vacation purposes, and
which may be licensed accommodation under the regulations made pursuant to the
Travel Regulation Act.
152.
"RECREATIONAL VEHICLE SITE" means an individual site within a recreational
vehicle park designated or allocated for the temporary accommodation of travellers
in a specific recreational vehicle.
153.
"REFUSE DISPOSAL SITE" means an area or site for the disposal of refuse and
solid wastes, and may include facilities for collection, sorting and storage of
recyclable materials, under the operational control of the District of Wells and/or the
Cariboo Regional District, or a privately owned site approved by, and under the
regulatory control of the Province of British Columbia. It may also include or consist
of any major installation and collection facility associated with a sanitary sewerage
system, including pumphouses, lagoons, and treatment plants.
154.
"RESORT" means a tourist establishment providing lodging and sleeping
accommodations for the general public, and providing facilities for the serving of
meals, and furnishing equipment, supplies or services to persons in connection with
angling, hunting, camping or other similar recreational activities.
155.
"REST HOME" means a facility that provides personal care, including dressing and
feeding and health-related care and services, to individuals who require such
assistance but do not require the degree of medical care and treatment that a private
hospital or personal care home provides. A rest home may also include residences for
the elderly for independent living independent of or in conjunction with a private
hospital or personal care home. A rest home may provide other resident services such
as leisure, recreational, social, and cultural activities.
156.
"RESTAURANT" means a business establishment where food and beverages are
prepared, served and consumed on the premises, and may include facilities for
ordering and pick-up for consumption off-site. A restaurant may also include dining
establishments issued a Class B license pursuant to the Liquor Control and Licensing
Act, but does not include Class G licensee retail stores.
157.
"RETAIL FLOOR AREA" means the total usable floor area within a singular
commercial establishment involved in retail sales, but excludes washrooms, furnace
and utility rooms, storage areas and staff rooms.
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158.
"RETAIL SALES" means a business establishment involved in the selling of goods
and merchandise directly to the consumer for personal or household use or
consumption and rendering services incidental to the sale of such goods and
merchandise.
159.
"ROAD" means a public road and road right-of-way designed and constructed for
use of vehicular traffic or vehicular and pedestrian traffic.
156.
"ROOMING AND BOARDING ACCOMMODATIONS" means a room or rooms,
similar to sleeping units, in a dwelling unit, and for the accommodation of roomers
and boarders with either private or shared sanitary facilities, without separate kitchen
or cooking facilities, and shall not include or be permitted in conjunction with a
hotel, motel, lodge, resort, bed and breakfast establishment, personal care or rest
home, community care facility, or any other similar commercial or institutional use
identified herein.
160.
"SALVAGE YARD" means an establishment where goods, wares, merchandise,
articles or things are processed and stored for further use, wholly or partly in the
open and includes a junkyard, a scrap metal yard and an automobile wrecking
yard or premises.
161.
"SAWMILL" means a permanent facility for the sawing, planing and dressing of
logs and timber into finished lumber and building materials and includes areas for
the sorting, storage and shipment of such.
159.
"SCHOOL" means buildings or structures or parts thereof which are designed,
constructed and used for educational purposes, and includes private and public
elementary, secondary and post-secondary educational facilities.
160.
"SCREENING AND FENCING" means a closed wooden, metal, and/or plastic fence
extending a minimum of 2 metres (6.56 feet) in height above the ground, and is
uniformly painted, constructed of durable materials and maintained in good condition
free of advertising materials, displays or notices.
161.
"SEPTIC TANK SERVICE" means an establishment involved in the installation,
repair, replacement and pumping or removal of wastes from septic tanks and services
relating thereto.
162.
"SETBACK" means the distance between a lot line and the exterior walls of a
building or structure (see related definitions for yard), measured from the lot line to
the exterior face of the foundation, except for those matters and items specifically
excluded or permitted as exemptions elsewhere in this bylaw.
163.
"SHEET METAL WORKSHOP" means an industrial establishment specializing in
the storage, bending, fabrication and assembly of sheet metal products and services
thereof.
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164.
"SITE AREA" means the area of a lot or part thereof sufficient in area to satisfy the
minimum lot area requirements for a specific use in this bylaw, where multiple zones
exist for a lot.
165.
"SLEEPING UNIT" means a room or rooms rented to the general public and used as
temporary or overnight sleeping accommodations, and may include sanitary
facilities, but excludes kitchen or cooking facilities.
166.
"SMALL EQUIPMENT, MACHINERY AND TOOL RENTAL" means a business
establishment specializing in the sale and rental of small equipment, machinery and
tools, and includes facilities for the indoor and outdoor storage of such, as well as
facilities for repair and service of such.
167.
"STOCKYARD" means an enclosed place where livestock and domestic farm
animals are kept temporarily for auction, marketing or shipment.
168.
"STREET" also means, a public road and road right-of-way designed and constructed
for use of vehicular traffic or vehicular and pedestrian traffic.
169.
"STRUCTURE" means any appurtenance or improvement which is affixed to,
supported by or sunk into land or water.
170.
"TEMPORARY CONSTRUCTION, EXPLORATION OR LOGGING CAMP"
means a camp intended for temporary occupation and living accommodations by
construction, exploration or work crews or employees of a government agency or
department, or by a registered company, and may include trailers, campers,
recreational vehicles, mobile homes, or interconnected modular units, provided the
method by which sewage is to be disposed of is approved by the Medical Health
Officer, and for the duration of the project, subject to the removal of all units and
restoration of the site to a satisfactory condition following completion of the project.
171.
"TEMPORARY FOUNDATION" means a supporting structure of a building located
below the floor assembly which does not create usable living space under the
building, and consisting only of concrete or pressure treated wood pad footings, and
concrete pedestals, masonry or timber blocking or wood cribbing spaced no closer
than 1.2 metres on centre.
172.
"TEMPORARY USE" means a use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
173.
"TIRE SALES AND SERVICE" means a business specializing in the sales and
service of automotive and vehicular tires, and related products.
174.
"TRANSMISSION SHOPS" means a business specializing in the sales and service,
including repair and replacement of, motor vehicle transmissions.
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175.
"TRANSPORT TERMINAL OR DEPOT" means a facility for transport trucks and
freight forwarders and includes the sale of related fuels, parts and accessories as well
as the storage, maintenance or repair of commodities for shipment and related
vehicles and trailers, equipment and stock, and ancillary warehouse and office use.
176.
"TREE" means a woody perennial plant usually having a single stem which has a
diameter of at least 10 centimetres when measured from a height of 15 centimetres
above the natural grade of the land.
177.
"UPHOLSTERY SHOP" means an establishment specializing in the repair,
replacement or refurbishing of fabrics, padding and springs for household or office
furniture.
178.
"USE" means the purpose or activities for which land, buildings and structures are
designed, arranged, intended, occupied or maintained.
179.
"VETERINARY CLINIC" means, similar to an animal hospital, a building or portion
thereof where one or more licensed veterinarians and associated staff provide
medical, surgical, or general health care services for domestic animals and house
pets, and may also include grooming or boarding services.
180.
"VOCATIONAL TRAINING FACILITY" means a public or privately operated
secondary or post secondary educational facility primarily teaching specific job
related skills or offering training and course work in specific trades and job related
functions.
181.
"WAREHOUSE" means an establishment, including buildings and structures, used
for the storage and distribution of goods, wares, merchandise, materials and
commodities, and may include ancillary office space, but excludes retail sales unless
otherwise specified herein.
182.
"WATER FRONTAGE" means the straight line horizontal distance between the two
most widely separated points on any one shoreline of a lot.
183.
"WATERCOURSE" means any natural or man-made depression with well-defined
banks and a bed 0.6 metre or more below the surrounding land serving to give
direction to a current of water at least six months of the year or having a drainage
area of 2 square kilometers or more upstream of the point of consideration, or as
required by a designated official of the BC Ministry of Environment.
184.
"WELDING SHOP" means an industrial establishment specializing in the fabrication
of metals by means of heating and fusion.
185.
"WHOLESALE OUTLET" means a business establishment devoted to wholesale
sales.
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186.
"WHOLESALE SALES" means the sale of goods, commodities and merchandise to
retail distributors; to other wholesale distributors; to industrial, commercial,
institutional or professional business users; or acting as agents or brokers and buying
or selling goods, commodities and merchandise for incorporation and assembly into
other products.
187.
"YARD" means a space or area, appurtenant to and on the same lot as a building or
structure or excavation, and which is open, uncovered, and unoccupied from the
ground to the sky, except for those matters and items specifically excluded or
permitted as exemptions elsewhere in this bylaw. Other related and supplementary
definitions are as follows:
(a)
"FRONT YARD" means the yard requirement extending across the full width
of the lot between the front lot line of the lot and the setback to any building
or structure, running parallel with the front lot line.
(b)
"REAR YARD" means the yard requirement extending across the full width
of the lot between the rear lot line of the lot and the setback to any building
or structure, running parallel with the rear lot line.
(c)
"SIDE YARD" means the yard requirement extending from the front yard to
the rear yard and between the side lot line of the lot and the setback to any
building or structure, running parallel with the side lot line, and is further
distinguished as follows:
i)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining
a public road or street and is normally associated with a lot located at
an intersection, and is distinguished from the front yard for
interpretation purposes.
ii)
"INTERIOR SIDE YARD" means a side yard other than an exterior
side yard.
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3.0
GENERAL PROVISIONS AND REGULATIONS
3.1
USES PERMITTED - GENERAL
(a)
No person shall use or occupy any buildings, structure or land, including land
covered by water, except as expressly permitted by this bylaw, and every thing that is
not expressly permitted is prohibited. A permitted use may only be carried in if all
provisions of this bylaw are complied with.
(b)
The following uses are permitted throughout all zones applicable to the bylaw area:
i)
ancillary uses and buildings;
ii)
public parks and playgrounds; and
iii)
a public use, a public utility, public utility buildings and structures excluding
a public garage or public storage yard.
3.2
FLOODPLAIN SETBACK PROVISIONS
Notwithstanding any other provisions of this bylaw, no building or any part thereof shall be
constructed, reconstructed, moved or extended, except a fence, dock, boat launching facility,
or waterworks facility, so that the building is located:
(a)
within 15 metres (49.21 feet) of the natural boundary of a lake;
(b)
within 30 metres (98.43 feet) of the natural boundary of a watercourse;
(c)
on ground surface or the underside of the floor system of any building or part
thereof, less than 0.6 metre (1.97 feet) above the two hundred year flood level where
it has been determined, or, where it has not been determined:
i)
1.5 metres (4.92 feet) above the natural boundary of a lake; or
ii)
3 metres (9.84 feet) above the natural boundary of a watercourse.
The required elevation may be achieved by structural elevation of the building, or by
adequately compacted landfill in which any building is to be constructed or located,
or by a combination of structural elevation or landfill. Where landfill is used to
achieve the required elevations, no openings shall be located below the required
elevations and the face of the landfill slope shall be adequately protected against
erosion from floodwaters.
(d)
Clauses (a), (b) and (c) shall not apply to the renovation or alteration of a lawfully
existing building that does not involve an addition thereto.
(e)
Notwithstanding the provisions of clause (b) above, the setback requirement for a
watercourse may be reduced to a minimum of 15 metres (49.21 feet) where it can be
demonstrated that on-ground surface is a minimum of 6 metres (19.69 feet) above the
natural boundary of the watercourse.
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3.3
MULTIPLE USES AND ZONES
(a)
Where any land, building or structure is used for more than one purpose, the
applicable provisions of this bylaw which serve to regulate each use shall be
complied with.
(b)
Where a lot is divided into more than one zone under the provisions of this bylaw,
each such portion of the said lot shall be used in accordance with the Uses Permitted
and Zone Provisions of this bylaw for that portion of the lot.
3.4
EXISTING LOT OF RECORD
Notwithstanding any other provisions of this bylaw to the contrary, where a lot, having a
lesser lot area and/or water frontage than required herein, existed prior to the date of passing
of this bylaw, as amended from time to time, is held under distinct and separate ownership
from an abutting lot or lots, or where such lot area has been reduced in area as a result of
expropriation, such smaller lot may be used in accordance with the zone provisions
applicable to that lot and a building or structure may be erected, altered or used on such
smaller lot, provided that all other provisions of this bylaw are complied with.
3.5
ESTABLISHED BUILDING LINE
Notwithstanding the yard and setback provisions of this bylaw to the contrary, where a
single, two-family or multi-family residential dwelling is to be constructed or reconstructed
on a lot within a residential zone and where there is an established building line of dwellings
on the same side of the street, such permitted dwelling may be constructed or reconstructed
closer to the street line than required by this bylaw such that the yard or setback is equal to
the average setback of buildings on the same side of the street, provided further that such
permitted dwelling is not located closer to the street line than the established building line
existing on the date of passing of this bylaw.
3.6
HOME OCCUPATION
Notwithstanding any other provisions of this bylaw to the contrary, a home occupation shall
not be permitted in any zone unless such home occupation conforms to the following
provisions:
(a)
the activity shall be confined to the interior of the principal dwelling or to the interior
of an ancillary building;
(b)
the activity shall be clearly subservient and incidental to the use of the dwelling for
residential purposes, and to the residential use of the lot on which the dwelling is
located, wherein a home occupation may only be permitted ancillary to a permitted
residential use, but not ancillary to a permitted non-residential use;
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(c)
no alteration may be made to the external appearance of the property which indicates
that a home occupation is being conducted on the premises, except for one
unilluminated sign not larger than 0.84 square metre (9 square feet or 3' x 3');
(d)
there shall be no noise, vibration, dust, smoke, odour, heat, or traffic generation other
than that normally associated with a dwelling;
(e)
there shall be no external storage or outdoor display of materials, equipment, or
finished products, except for the display of a maximum of three finished products
produced on the premises;
(f)
there shall be no retail sales or commodities offered for sale, except for catalogue
sales, products or commodities produced on the premises or directly related to
products or commodities produced on the premises;
(g)
not more than 40% of the gross floor area of the residential dwelling shall be used for
the home occupation use, up to a total maximum area of 75 square metres (807
square feet); and
(h)
no more than two persons who are not residents of the dwelling to which the home
occupation is ancillary may be employed in the activity.
3.7
HOME INDUSTRY
Notwithstanding any other provisions of this bylaw to the contrary, a home industry shall not
be permitted in any zone unless such home industry conforms to the following provisions:
(a)
the activity shall be confined to the interior of the principal dwelling or to the interior
of an ancillary building;
(b)
the activity shall be clearly subservient and incidental to the use of the dwelling for
residential purposes, and to the residential use of the lot on which the dwelling is
located, wherein a home industry may only be permitted ancillary to a permitted
residential use, but not ancillary to a permitted non-residential use;
(c)
no alteration may be made to the external appearance of the property which indicates
that a home industry is being conducted on the premises, except for one
unilluminated sign not larger than 0.84 square metre (9 square feet or 3' x 3');
(d)
there shall be no noise, vibration, dust, smoke, odour, heat, or traffic generation other
than that normally associated with a dwelling;
(e)
there shall be no external storage or outdoor display of materials, equipment, or
finished products, except for the display of a maximum of three finished products
produced on the premises, and not more than two vehicles for repair to be parked
outdoors, exclusive of the residents' registered vehicles;
District of Wells Zoning Bylaw
28
(f)
there shall be no retail sales of commodities offered for sale except for catalogue
sales, products or commodities produced on the premises or directly related to
products or commodities produced on the premises;
(g)
not more than 40% of the gross floor area of the residential dwelling shall be used for
the home industry use, or a total maximum area of 75 square metres (807 square feet)
in either the residential dwelling or in an ancillary building. Notwithstanding this
requirement, on lots of 0.4 hectare or greater, a total maximum area of 150 square
metres (1,614 square feet) may be devoted to home industry use; and
(h)
no more than two persons who are not residents of the dwelling to which the home
occupation is ancillary, may be employed in the activity.
3.8
OCCUPANCY DURING CONSTRUCTION
(a)
Notwithstanding any other provisions of this bylaw to the contrary, a mobile home or
a recreational vehicle may be used for occupation during the construction of a
permanent dwelling on a lot provided that:
i)
the occupancy shall not occur prior to the issuance of a building permit for
the permanent residence, where applicable, and shall not continue beyond the
commencement of the occupancy of the permanent residence;
ii)
the siting of the mobile home or recreational vehicle meets the minimum lot
line setback requirements of the applicable zone;
iii)
the mobile home is erected on or anchored to a temporary foundation only,
and no additions shall be made to the mobile home or recreational vehicle;
and
iv)
the method of sewage disposal has been approved by the Medical Health
Officer.
(b)
In all zones, a temporary building, trailer and/or ancillary buildings may be used for
the purposes of a construction site office, for security purposes, and for the storage of
tools, equipment and materials for construction of the principal building(s), provided
that:
i)
the building or trailer shall be located so as not to cause a public hazard or
nuisance;
ii)
the building or trailer shall be located on the lot where construction is being
undertaken and only for so long as is necessary for the work in progress and
until the work is completed or abandoned; and
iii)
a building permit has been issued for the principal building, where
applicable, and, at the expiration of such permit, the building or trailer shall
be removed.
District of Wells Zoning Bylaw
29
3.9
BED AND BREAKFAST ACCOMMODATIONS
Notwithstanding any other provisions of this bylaw to the contrary, bed and breakfast
accommodations shall not be permitted in any zone unless they conform to the following
provisions:
(a)
the activity shall be confined to the interior of the principal dwelling, and may only
be permitted ancillary to a permitted residential use, but not ancillary to a permitted
non-residential use;
(b)
the dwelling unit shall be occupied by the owner or operator of the bed and breakfast
establishment;
(c)
no more than three sleeping units to accommodate a maximum of six adult bed and
breakfast guests shall be permitted in a dwelling unit; and
(d)
no alterations may be made to the external appearance of the property which
indicates that a bed and breakfast establishment is being conducted on the premises,
except for one unilluminated sign not larger than 0.8 square metre (9 square feet or 3
ft by 3 ft).
3.10
ROOMING AND BOARDING ACCOMMODATIONS
Notwithstanding any other provisions of this bylaw to the contrary, rooming and boarding
accommodations shall not be permitted in any zone unless they conform to the following
provisions:
(a)
the activity shall be confined to the interior of the principal dwelling wherein
detached cabins or guest houses shall be expressly prohibited, and may only be
permitted ancillary to a permitted residential use, but not ancillary to a permitted
non-residential use;
(b)
the dwelling unit shall be occupied by the owner of the dwelling unit or a resident
manager appointed by the owner of the dwelling unit; and
(c)
no more than four rooming and boarding guests shall be permitted in a dwelling unit.
3.11
ANCILLARY BUILDINGS, STRUCTURES AND USES
Ancillary buildings and structures shall only be permitted in conjunction with a principal use
in any zone provided that:
(a)
ancillary buildings and structures do not include buildings and structures used for
bona fide agricultural operations;
(b)
ancillary buildings and structures do not include a dwelling or a sleeping unit or a
structure providing overnight accommodation;
District of Wells Zoning Bylaw
30
(c)
ancillary buildings and structures include an attached or detached garage or carport, a
storage shed, a workshop, a gazebo or a pumphouse, whereas the floor area
requirements includes any additional stories or internal mezzanines;
(d)
the combined or gross floor area and maximum height of all ancillary buildings and
structures permitted are calculated as follows:
Property Size
Maximum Floor Area
Maximum Height
less than 0.2 hectare
(0.49 acre)
less than 0.4 hectare
(0.99 acre)
more than 0.4 hectare
(0.99 acre)
50 square metres
(538 square feet)
150 square metres
(1,615 square feet)
250 square metres
(2,691 square feet)
5 metres
(16.4 feet)
5 metres
(16.4 feet)
7.5 metres
(24.6 feet)
(e)
no person shall construct or erect an ancillary building or structure on a lot unless a
principal building exists on the lot, or unless a valid and lawful building permit has
been issued or remains in effect.
3.12
ACCESSORY DWELLING UNITS
Accessory dwelling units are only permitted as outlined in Section 4 for each zone respecting
uses permitted and zone provisions, provided there are no other residential dwelling units on
the subject lot.
3.13
TEMPORARY DWELLING UNITS
Notwithstanding any other provisions of this bylaw to the contrary, a temporary dwelling
unit shall not be permitted in any zone, unless the temporary dwelling unit conforms to the
following provisions:
(a)
a temporary dwelling unit shall only be located on a lot which conforms to the
minimum lot area requirements, and must comply with the minimum setback
requirements for a two family dwelling unit, where applicable, or otherwise, in the
R1 and R1A zone, has sufficient lot area to meet the minimum lot area requirements
for a two family dwelling in the R2 zone, and must comply with the minimum
setback requirements for the zone in which it is situated;
(b)
a temporary dwelling unit may be permitted for compassionate reasons for the
elderly, the handicapped or chronically ill. Where permitted for compassionate
reasons, the temporary dwelling unit is to be occupied only by persons:
i)
who are cared for or maintained by the owner of the subject property; or
ii)
who are required to provide care or maintenance to the owner of the subject
property; and
District of Wells Zoning Bylaw
31
iii)
for whom a physician has certified that such care or maintenance is
necessary; and
iv)
for whom the owner of the subject property has entered into a registered
covenant as outlined in subsection (e) below;
(c)
a temporary dwelling unit, which may include a mobile or modular home, is located
on or anchored to a temporary foundation only;
(d)
a building permit has been approved, where applicable, and approval has been
obtained for sewage disposal and water supply by the relevant authority, in
particular, by the Medical Officer of Health, where community water and or
community sewer systems are unavailable;
(e)
the owner of the subject property has entered into a registered covenant in favour of
the District of Wells in accordance with Section 219 of the Land Title Act to ensure
removal of the temporary dwelling unit following discontinuance of the use in
accordance with the conditions set out in subsection (b) above; and
(f)
not later than the 31st day of December in each year, the owner of the subject lot
shall complete and return to the District of Wells a declaration stating that:
i)
the said temporary dwelling unit is still located on the lot and is still occupied
in accordance with the conditions set out in subsections (b) or (c) above; or
ii)
the said temporary dwelling unit has been removed from the subject lands.
3.14
HEIGHT AND YARD EXCEPTIONS
(a)
Notwithstanding any other provisions of this bylaw to the contrary, the maximum
height requirements shall not apply to a chimney, a farm building for a bona fide
agricultural operation, a church spire or belfry, an electrical transmission tower, a
radio or television antenna, a satellite dish, a flag pole, a clock tower, a windmill, an
elevator or ventilation machinery, or a public utility building or structure, including a
monument, a water tower, a fire hose drying tower, or an observation tower.
(b)
Notwithstanding any other provisions of this bylaw to the contrary, where roof
overhangs, chimneys, bay windows, cantilevers or ornamental features project
beyond the face of a building, the minimum distance to an abutting lot line as
permitted elsewhere in this bylaw may be reduced by not more than 0.6 metre
provided that such reduction shall apply only to the projected feature.
(c)
Notwithstanding any other provisions of this bylaw to the contrary, where steps, or
where unsupported eaves, canopies or balconies project beyond the face of a
building:
i)
the minimum permitted front yard or exterior side yard requirement may be
reduced by not more than 2 metres; and
District of Wells Zoning Bylaw
32
ii)
the minimum permitted interior side yard or rear yard may be reduced by not
more than 50% of such minimum distance, to a maximum reduction of 2
metres, provided that such reduction shall apply only to the projected feature.
(d)
Notwithstanding any other provisions of this bylaw to the contrary, the interior side
yard and rear yard setback requirements shall not apply to a clothesline pole, an on-
ground surface patio, or an open deck where the open deck is not elevated more than
0.2 metre (0.66 feet) above on-ground surface. Furthermore, the minimum permitted
interior side yard or rear yard may be reduced by not more than 50% of such
minimum distance for a barbecue or satellite dish.
3.15
MINIMUM LOT AREA EXCEPTIONS
(a)
Minimum lot area requirements shall not apply:
i)
where the lot is intended for public use, including public utility buildings and
structures, parks and playgrounds, outdoor recreational facilities of a non-
commercial nature, museums and historic sites, cemeteries, refuse disposal
sites, extraction of raw materials from the land, and temporary construction,
exploration or logging camps;
ii)
where lot lines are relocated to facilitate an existing development or improve
a subdivision layout provided that no additional lots are created, all parts of
all lots are zoned the same and physically contiguous, and no lot is enlarged
to a size permitting further subdivision unless each lot included in the
boundary revision is of an area large enough to satisfy the size requirements
applied to the subject lands; or
iii)
where an existing multi-family residential dwelling that was lawfully
established and is properly zoned is converted to a strata parcel pursuant to
the Condominium Act, provided that the number of strata parcels being
created does not exceed the number of dwelling units permitted on the
original parcel, and each proposed strata parcel contains an existing dwelling
unit within its area.
(b)
The minimum lot area requirements may be reduced by the amount of land required
for road widening or relocation purposes, to a maximum of 10%, where the
Approving Officer requires that land be provided by the owner for highways when:
i)
the land is required for the purpose of widening an existing highway or right-
of-way;
ii)
the proposed subdivision would create less than three parcels; and
iii)
but for this section, the proposed subdivision would be otherwise prohibited
because the lots created would not attain the minimum lot area required
herein.
District of Wells Zoning Bylaw
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(c)
Where land is subdivided under the Condominium Act in the CW, R 1, R 2 and R 3
zones, except for a mobile home park which requires approval in accordance with the
applicable mobile home park bylaw, lot areas may be reduced on the basis of a
density of one dwelling unit per minimum allowable site area for that zone,
providing that either 50% or a corresponding amount of the entire subject lot remains
unsubdivided and kept as open space areas and restricted from further subdivision by
way of registered covenant in favour of the District of Wells in accordance with
Section 219 of the Land Title Act.
3.16
PARKING REQUIREMENTS
In all zones, parking shall be provided in accordance with the following requirements:
(a)
Required off-street parking spaces shall have a minimum width of 2.74 metres (8.99
feet), and a minimum area of 16.7 square metres (179.76 square feet), whereas off-
street parking areas shall require a minimum isle widths of 3.05 metres (10 feet) for
single-loaded parking areas and 6.1 metres (20 feet) for double-loaded parking areas.
Notwithstanding the above, handicapped parking spaces, where required in
accordance with the BC Building Code, shall have a minimum width of 3.7 metres
(12.14 feet), and a minimum area of 22.5 metres (242.66 square feet).
(b)
The number of parking spaces shall be provided in accordance with Table 1 where
the first column identifies the class of building or use and the second column
identifies the required parking spaces.
.
(c)
The required parking spaces shall be located either on the same lot as the building or
use requiring parking spaces, or on another lot within 250 metres for non-residential
zones or 75 metres for residential zones of the building or use requiring the parking,
provided that legal assurances are given to the District that the parking lot will
remain as such.
(d)
Parking spaces may also be provided on a public right-of-way, where parking is
permitted, directly abutting the lot where the building or use requires the provision of
parking. A linear distance of 6.5 m (21.32 feet) per space may be counted toward
parking. Where parking is not permitted on any part of a right-of-way abutting the
lot, it shall not count toward the parking spaces that shall be provided. On-street
parking will not be permitted on the Controlled Access/Arterial Highway
(e)
If a lot is in a zone where a commercial use is permitted, a property owner may, in
lieu of providing the required number of parking spaces, pay to the District of Wells
the sum of twelve hundred dollars ($1,200) per parking space, the monies of which
will be placed in the District Parking Reserve Fund, except commercial properties
fronting onto No. 963R Barkerville Highway Arterial. Commercial Properties
fronting onto Barkerville Highway are controlled by MoTH regulations and therefore
cannot participate in this program
(f)
When a building or structure accommodates more than one type of use, the off-street
parking space requirements for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate types of
District of Wells Zoning Bylaw
34
use.
(g)
Where the calculation of the required parking spaces results in a fraction, one
parking space shall be provided in respect of the fraction.
(h)
Parking requirements of the Ministry of Transportation and Highway shall apply in
addition to the requirements of this bylaw.
Table 1 - Required Parking and Loading Spaces
Class of Building or Use
Required Parking Spaces
Residential:
-
one or two-family dwelling
- 2 per dwelling unit
-
multi-family dwelling
- 1.5 per dwelling unit
Commercial
-
convenience, grocery or general store; retail store;
service shop; personal, etc.
-
motel, lodge, resort
-
hotel, lounge
-
neighbourhood pub
-
restaurant
-
banquet facility
-
casino
- 2.5 per 100 square metres of gross floor area
- 0.75 per sleeping or housekeeping unit; 5 per
100 square metres of gross floor area in the café,
restaurant, lounge, pub, banquet facility or
casino.
Industrial:
-
service commercial/light industrial uses;
- 1.5 per 100 metres of gross floor area;
-
general industrial uses;
- 1.5 per 100 metres of gross floor area;
-
heavy industrial uses;
- 1.3 per 100 metres of gross floor area;
Bed and Breakfast/Rooming and Boarding
- 1 per sleeping unit
NOTATION:
For those properties affected by a Highway as defined in the Highway Act may be subject to
Provincial Standards which may vary from those of the District of Wells.
3.17
TREE PROTECTION
(a)
The Tree Protection Area is outlined on Schedule B, the Zoning Maps.
(b)
No person may remove, cut or harm a tree within the Tree Protection Area:
-
without a tree cutting permit issued under this section; or
-
contrary to a tree cutting permit issued under this section.
District of Wells Zoning Bylaw
35
(c)
An application for a tree cutting permit shall be accompanied by the following
information:
-
a statement of purpose and rationale for the proposed tree cutting;
-
a site plan indicating the location, species, size and number of trees to be
removed or cut;
-
if requested by the Clerk, a report signed by a registered professional engineer
that any tree removal or cutting will not result in a danger of flooding or erosion;
-
a proposed replanting plan indicating location, species, size and number of trees,
bushes and shrubs which are to be planted.
(d)
An application fee for a tree cutting permit is $25 for 1 to 3 trees; $50 for 4 to 10
trees and $100 for more than 10 trees.
(e)
This section shall not apply to any lands within the Forest Land Reserve.
District of Wells Zoning Bylaw
36
4.0
USES PERMITTED AND ZONE PROVISIONS
Zone
Symbols
Zones
CW
Wells Commercial District
CWC
Wells Commercial District - Casino/Cabaret
C/M
Commercial Service / Light Industrial
CR
Commercial Recreational
RC
Residential - Commercial
M 2
General Industrial
M 3
Heavy Industrial
P
Institutional
R 1
Residential 1
R 1A
Residential 1A
R 2
Residential 2
R 3
Multi-Family Residential
R 4
Mobile Home Park
RR 1
Rural 1
RR 2
Rural 2
OSP
Open Space, Parkland
R/A
Resource Area
B 2
Barkerville Satellite and Protected Areas
S
Educational (School)
District of Wells Zoning Bylaw
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4.1.A
WELLS COMMERCIAL DISTRICT (CW) ZONE
4.1.A.1 USES PERMITTED
No person shall, within any CW zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following CW uses, namely:
(a)
RESIDENTIAL USES:
i)
an accessory dwelling unit;
ii)
multi-family residential dwelling.
(b)
NON-RESIDENTIAL USES:
i)
general store, convenience store, grocery store, pharmacy;
ii)
retail sale of household and personal goods;
iii)
business, professional or government office;
iv)
restaurant, bakery, delicatessen;
v)
personal service shop;
vi)
artisan studio and gallery;
vii)
merchandise service shop;
viii)
bank or financial institution;
ix)
postal outlet;
x)
motor vehicle fuel station, motor vehicle service station;
xi)
liquor store, neighbourhood public house;
xii)
hotel, motel, lodge, resort, health spa;
xiii)
dry cleaners, laundromat;
xiv)
community hall or auditorium, recreational facility, library;
xv)
museum, historic site or gallery;
xvi)
antique and secondhand sales;
xvii)
commercial club, fraternal club or organization;
xviii) campground, recreational vehicle park;
xix)
recreational facility, including a golf course, a curling rink, racquet courts,
ice or roller skating rink, etc.;
xx)
concession stand, coffee house, confectionery or curio shop;
xxi)
public use or community care facility; and
xxii)
ancillary buildings and ancillary uses.
xxiii) commercial tour operator
District of Wells Zoning Bylaw
38
4.1.B.2 ZONE PROVISIONS
No person shall, within any CW zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Non-Residential Use
300 square metres
(3,230 square feet)
600 square metres
(6,458 square feet)
4,000 square metres
(43,057 square feet)
Combined
Residential and
Non-Residential Use
600 square metres
(6,458 square feet)
900 square metres
(9,688 square feet)
4,000 square metres
(43,057 square feet)
Per Multi-Family
Dwelling Unit
200 square metres
(2,153 square feet)
557 square metres
(5,996 square feet)
2,000 square metres
(21,528 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
iv)
Rear Yard - Setback
=
1.5 metres (4.92 feet)
For parcels in the CW zone fronting on or surrounded by Baker Street, Blair
Avenue, Bowman Crescent, Pooley Street and Mildred Avenue, the setbacks are as
follows:
v)
Front Yard - Setback
=
0 metres
vi)
Exterior Side Yard - Setback
=
0 metres
vii)
Interior Side Yard - Setback
=
0 metres
viii)
Rear Yard - Setback
=
1.5 metres (4.92 feet)
(c)
HEIGHT OF BUILDINGS (maximum):
=
12.5 metres (41 feet)
District of Wells Zoning Bylaw
39
(d)
COMMERCIAL FLOOR AREA (maximum):
i)
Multi-Tenant Retail Complex
=
2,000 square metres
(21,528 square feet)
ii)
Individual Store or Use
=
560 square metres
(6,027 square feet)
(e)
HOTEL, MOTEL, LODGE, RESORT, HEALTH SPA:
i)
Number of Sleeping or
Housekeeping Units (maximum)
=
8 per 0.4 hectare
ii)
Percentage of Building Area for
Ancillary Uses, i.e. 8.2.1(b)(vii)
and (viii)(maximum)
=
25%
(f)
CAMPGROUND OR RECREATIONAL VEHICLE PARK:
i)
Lot Area (minimum)
=
0.8 hectare (1.98 acres)
ii)
Number of Campsites or
Recreational Vehicle Sites
(maximum)
=
15 per 0.4 hectare
iii)
Vehicle Space per Campsite or
Recreational Vehicle Site
(minimum)
=
4.5 by 12 metres
iv)
Amenity Area per Campsite or
Recreational Vehicle Site
(minimum)
=
4.5 by 12 metres
(g)
OPEN STORAGE:
No open storage of goods or materials shall be permitted except where in full
compliance with the required yard setbacks and unless fully enclosed behind a
screened and fenced area with a minimum height of 2 metres (6.56 feet).
(j)
MINIMUM BUILDING WIDTH:
The minimum width of any building containing a residential use is 6.5 metres
(21.32 feet).
4.1.B
WELLS COMMERCIAL DISTRICT -CASINO/CABARET (CWC) ZONE
District of Wells Zoning Bylaw
40
4.1.B.1 PERMITTED USES
This zone shall use the text of Wells Commercial District (CW) plus the permitted uses
of Casino and Cabaret
4.1.B.2 ZONE PROVISIONS
This
zone
shall
use
the
text
of
Wells
Commercial
Zone
(CW).
District of Wells Zoning Bylaw
41
4.2 COMMERCIAL SERVICE / LIGHT INDUSTRIAL (C/M) ZONE
4.2.1
USES PERMITTED
No person shall, within any C/M zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following C/M uses, namely:
(a)
RESIDENTIAL USES:
i)
an accessory dwelling unit.
(b)
NON-RESIDENTIAL USES:
i)
motor vehicle fuel station, motor vehicle service station;
ii)
a convenience store ancillary to a motor vehicle fuel station;
iii)
sales and service of vehicles including automobiles, trucks, motorcycles,
recreational vehicles and boats;
iv)
car wash, cleaning and drying establishment;
v)
parking lots for the commercial storage of vehicles;
vi)
sales of automotive parts and accessories;
vii)
publishing and printing;
viii)
building supply store;
ix)
plumbing, heating, electrical sales and service;
x)
paint, floor or wall covering store;
xi)
small equipment, machinery and tool rental;
xii)
upholstery shops and furniture repair;
xiii)
antique and secondhand sales;
xiv)
animal hospital, veterinary clinic, and ancillary kennels provided animals
are confined within a fully-enclosed building between the hours of 8:00 pm
and 7:00 am;
xv)
construction, storage and repair of boats, bicycles, trailers, recreational
vehicles and prefabricated buildings, signs, finished concrete products,
ceramics, wood and fibreglass products;
xvi)
manufacturing, processing and packaging of dairy, food and meat products,
excluding fish and including only predressed meats and eviscerated
poultry, peat and other soil-related products, and products using recycled
materials;
xvii)
warehousing, including frozen food lockers, cold storage plants, feed and
seed storage and distribution;
xviii) packing and crating, bottling and distribution plant;
District of Wells Zoning Bylaw
42
xix)
contractor's office, shop or yard;
xx)
mini-storage and self-storage facility;
xxi)
commercial nursery and greenhouse;
xxii)
vocational training facility, including administrative offices;
xxiii) office, wholesale and retail sales and a coffee shop ancillary to the
permitted non-residential uses;
xxiv) ancillary buildings.
4.2.2
ZONE PROVISIONS
No person shall, within any C/M zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Non-Residential
Use
300 square metres
(3,230 square feet)
600 square metres
(6,458 square feet)
4,000 square metres
(43,057 square feet)
Combined Residential
and Non-Residential
Use
600 square metres
(6,458 square feet)
900 square metres
(9,688 square feet)
4,000 square metres
(43,057 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
3 metres (9.84 feet)
Notwithstanding the above, where abutting another permitted
non-residential use as part of a multi-tenant complex in the C/M zone or
where adjacent to another commercial or industrial zone, an interior side
yard setback of zero metres may be permitted.
District of Wells Zoning Bylaw
43
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
50%
(d)
HEIGHT OF BUILDINGS (maximum):
=
12.5 metres (41 feet)
(e)
OPEN STORAGE:
No open storage of goods or materials shall be permitted except where in full
compliance with the required yard setbacks and unless fully enclosed behind a
screened and fenced area with a minimum height of 2 metres (6.56 feet).
District of Wells Zoning Bylaw
44
4.3 COMMERCIAL RECREATIONAL (C/R) ZONE
4.3.1
USES PERMITTED
No person shall, within any C/R zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following C/R uses, namely:
(a)
RESIDENTIAL USES:
i)
one dwelling unit for residential use by the owner, manager or proprietor of
the premises.
ii)
single family dwellings for use by staff
(b)
NON-RESIDENTIAL USES:
i)
Accommodation including campgrounds, recreational vehicle park, rental
cabins bed and breakfast
ii)
Ancillary uses, buildings, and structures
iii)
Outdoor recreational facilities, tourist amusement facilities, theme parks,
resorts, marinas
iv)
Facilities for the serving of meals, and furnishing of outdoor rental
equipment, supplies or services to persons in connection with the main
activity or use, including a gift shop
4.3.2
ZONE PROVISIONS
No person shall, within any C/R zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
District of Wells Zoning Bylaw
45
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Non-Residential
Use
300 square metres
(3,230 square feet)
600 square metres
(6,458 square feet)
4,000 square metres
(43,057 square feet)
Combined Residential
and Non-Residential
Use
600 square metres
(6,458 square feet)
900 square metres
(9,688 square feet)
4,000 square metres
(43,057 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
7.6 metres (24.9 feet)
ii)
Exterior Side Yard - Setback
=
7.6 metres (24.9 feet)
iii)
Interior Side Yard - Setback
=
7.6 metres (24.9 feet)
iv)
Rear Yard - Setback
=
7.6 metres (24.9 feet)
(c)
CAMPGROUND OR RECREATIONAL VEHICLE PARK
i)
Lot Area (Minimum)
=
0.8 hectare (1.98 acres)
ii)
Number of campsites or
Recreational Vehicle Sites
=
15 per 0.4 hectare (max.)
iii)
Vehicle space per Campsite or
Recreational Vehicle Site
=
4.5 by 12 metres (min.)
iv)
Amenity area per Campsite or
Recreational Vehicle site
=
4.5 by 12 metres (min.)
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
OPEN STORAGE:
No open storage of goods or materials shall be permitted that is visible from any
highway or highway frontage road.
District of Wells Zoning Bylaw
46
4.4
RESIDENTIAL - COMMERCIAL (RC) ZONE
4.4.1
USES PERMITTED
No person shall, within any RC zone, use any lot or erect, alter or use any building or
structure for any purpose except on e or more of the following RC uses, namely:
(a)
RESIDENTIAL USES:
(i)
a single-family residential dwelling.
(b)
NON-RESIDENTIAL USES:
(i)
a public use including parks and playgrounds;
(ii)
a home occupation or a home industry ancillary to a permitted residential
use;
(iii)
bed and breakfast accommodations or rooming and boarding
accommodations;
(iv)
personal service shop;
(v)
business, professional or office;
(vi)
artisan studio and gallery;
(vii)
antique store
(viii) coffee house; and
(viii) ancillary buildings and ancillary uses.
4.4.2
ZONE PROVISIONS
No person shall, within any RC zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following M 2 uses, namely:
(a)
Lot Area (minimum) - The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
District of Wells Zoning Bylaw
47
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Residential or Non-
Residential Use
300 square metres
(3,230 square feet)
615 square metres
(6,620 square feet)
4,000 square metres
(43,057 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
(iv)
Rear Yard - Setback
=
1.5 metres (4.92 feet)
For parcels in the R/C zone fronting on or surrounded by Baker Street, Blair
Avenue, Bowman Crescent, and Pooley Street, the setbacks are as follows:
v)
Front Yard - Setback
=
0 metres
vi)
Exterior Side Yard - Setback
=
0 metres
vii)
Interior Side Yard - Setback
=
0 metres
viii)
Rear Yard - Setback
=
1.5 metres (4.92 feet)
(c)
LOT COVERAGE (maximum)
=
50%
(d)
HEIGHT OF BUILDINGS (maximum)
=
10.67 metres (35 feet)
(e)
MINIMUM BUILDING WIDTH:
The minimum width of any building containing a residential use is 6.5 metres
(21.32 feet).
(f)
MANUFACTURED HOUSING:
Any manufactured housing must comply with Canadian Standard Association
A277 Standards.
District of Wells Zoning Bylaw
48
4.5
GENERAL INDUSTRIAL (M 2) ZONE
4.5.1
USES PERMITTED
No person shall, within any M 2 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following M 2 uses, namely:
(a)
RESIDENTIAL USES:
i)
an accessory dwelling unit.
(b)
NON-RESIDENTIAL USES:
i)
uses permitted in the C/M zone;
ii)
fuel storage and supply yard, including a motor vehicle service station as
an ancillary use;
iii)
machine shop and parts manufacturing, machining and assembly;
iv)
electrical and electronic equipment manufacture and assembly;
v)
heavy equipment sales, repairs or storage;
vi)
sheet metal workshop, electroplating, welding shop, industrial repair;
vii)
automotive repair garage including but not limited to auto body work and
painting, muffler shop, transmission shop, tire sales and service, and
ancillary retail sales of used automobiles;
viii)
a transport terminal or depot;
ix)
an assembly, fabricating or processing plant;
x)
office, wholesale and retail sales ancillary to the above permitted
non-residential uses;
xi)
a public use, a public garage, or a public storage yard;
xii)
ancillary buildings.
4.5.2
ZONE PROVISIONS
No person shall, with any M 2 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
District of Wells Zoning Bylaw
49
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Non-Residential Use
600 square metres
(6,248 square feet)
1,200 square metres
(12,496 square feet)
4,000 square metres
(43,057 square feet)
Combined Residential
and Non-Residential
Use
1,200 square metres
(12,496 square feet)
1,500 square metres
(15,620 square feet)
4,000 square metres
(43,057 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
3 metres (9.84 feet)
Notwithstanding the above, where abutting another permitted non-residential use
as part of a multi-tenant complex in the M 2 zone or where adjacent to another
commercial or industrial zone, an interior side yard setback of zero metres may be
permitted.
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
50%
(d)
HEIGHT OF BUILDINGS (maximum):
=
12.5 metres (41 feet)
(e)
OPEN STORAGE:
No open storage of goods or materials shall be permitted except where in full
compliance with the required yard setbacks and unless fully enclosed behind a
screened and fenced area a minimum height of 2 metres (6.56 feet).
District of Wells Zoning Bylaw
50
4.6
HEAVY INDUSTRIAL (M 3) ZONE
4.6.1
USES PERMITTED
No person shall, within any M 3 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
RESIDENTIAL USES:
i)
an accessory dwelling unit.
(b)
NON-RESIDENTIAL USES:
i)
uses permitted in the C/M zone;
ii)
uses permitted in the M 2 zone;
iii)
livestock auction, stockyard, abattoir;
iv)
meat, fish or poultry packing plant;
v)
pulp and paper manufacturing, processing and storage;
vi)
sawmill and manufacturing, processing, assembling, fabricating and
storage of wood products;
vii)
asphalt manufacturing;
viii)
concrete and cement manufacturing and storage;
ix)
extraction, processing and storage of raw materials;
x)
petroleum and natural gas products manufacturing and processing;
xi)
manufacturing, processing and storage of distilled products, including a
brewery;
xii)
auto wrecking and storage of automotive parts and machinery;
xiii)
storage and processing of scrap metals, paper and other salvage materials;
xiv)
septic tank service, excluding the disposal of sludge and liquid waste;
xv)
office, wholesale and retail sales ancillary to the permitted non-residential
uses;
xvi)
ancillary buildings.
4.6.2
ZONE PROVISIONS
No person shall, within any M 3 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum):
=
0.4 hectare (0.99 acre)
District of Wells Zoning Bylaw
51
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
7.6 metres (24.9 feet)
ii)
Exterior Side Yard - Setback
=
7.6 metres (24.9 feet)
iii)
Interior Side Yard - Setback
=
3.6 metres (11.8 feet)
Notwithstanding the above, where abutting another permitted non-residential use
as part of a multi-tenant complex in the M 3 zone or where adjacent to another
commercial or industrial zone, an interior side yard setback of zero metres may be
permitted.
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
v)
Setback from a Residential or
Rural zone
=
30 metres (98.43 feet)
(c)
LOT COVERAGE (maximum):
=
40%
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
OPEN STORAGE:
No open storage of goods or materials shall be permitted except where in full
compliance with the required yard setbacks and unless fully enclosed behind a
screened and fenced area a minimum height of 2.5 metres (8.2 feet) for auto
wrecking and storage uses and for storage of scrap metal, paper and other salvage
materials, or 2 metres (6.56 feet) for other permitted non-residential uses).
District of Wells Zoning Bylaw
52
4.7
INSTITUTIONAL (P) ZONE
4.7.1
USES PERMITTED
No person shall, within any P zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following P uses, namely:
(a)
RESIDENTIAL USES:
(i)
an accessory dwelling unit.
(b)
NON-RESIDENTIAL USES:
(i)
church;
(ii)
community hall;
(iii)
fraternal club or organization;
(iv)
hospital, first aid station;
(v)
public uses, including parks and playgrounds, and public utility
buildings and structures;
(vi)
library;
(vii)
community facility, recreational facility;
(viii) cemetery;
(ix)
private hospital, personal care home or rest home;
(x)
museums and historic sites;
(xi)
fire hall;
(xii)
police station; and
(xiii) community care facility.
4.7.2
ZONE PROVISIONS
No person shall, within any P zone, use any lot or erect, alter, or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
District of Wells Zoning Bylaw
53
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Non-Residential
Use
300 square metres
(3,230 square feet)
600 square metres
(6,458 square feet)
4,000 square metres
(43,057 square feet)
Combined Residential
and Non-Residential Use
600 square metres
(6,458 square feet)
900 square metres
(9,688 square feet)
4,000 square metres
(43,057 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
50%
(d)
HEIGHT OF BUILDINGS (maximum):
=
12.5 metres (41 feet)
District of Wells Zoning Bylaw
54
4.8
RESIDENTIAL 1 (R 1) ZONE
4.8.1
USES PERMITTED
No person shall, within any R 1 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R 1 uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling; or
ii)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a public use including parks and playgrounds;
ii)
a home occupation or a home industry ancillary to a permitted residential
use;
iii)
bed and breakfast accommodations or rooming and boarding
accommodations;
iv)
ancillary buildings.
4.8.2
ZONE PROVISIONS
No person shall, within any R 1 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Per Single-Family
Dwelling Unit
300 square metres
(3,230 square feet)
615 square metres
(6,620 square feet)
4,000 square metres
(43,057 square feet)
District of Wells Zoning Bylaw
55
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
50%
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
MINIMUM BUILDING WIDTH
The minimum width of any building containing a residential use is 6.5 metres
(21.32 feet).
(f)
MANUFACTURED HOUSING
Any manufactured housing must comply with Canadian Standard Association
A277 Standards.
District of Wells Zoning Bylaw
56
4.9 RESIDENTIAL 1A (R 1A) ZONE
4.9.1
USES PERMITTED
No person shall, within any R 1A zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R 1A uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling;
ii)
a mobile home; or
ii)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a public use including parks and playgrounds;
ii)
a home occupation or a home industry ancillary to a permitted residential
use;
iii)
bed and breakfast accommodations or rooming and boarding
accommodations;
iv)
ancillary buildings.
4.9.2
ZONE PROVISIONS
No person shall, within any R 1A zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Per Single-Family
Dwelling Unit or
Mobile Home
300 square metres
(3,230 square feet)
615 square metres
(6,620 square feet)
4,000 square metres
(43,057 square feet)
District of Wells Zoning Bylaw
57
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
50%
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
MINIMUM BUILDING WIDTH
The minimum width of any building containing a residential use is 4.27 metres (14
feet).
(f)
MANUFACTURED HOUSING
Any manufactured housing must comply with Canadian Standard Association
A277 or Z240 Standards.
District of Wells Zoning Bylaw
58
4.10
RESIDENTIAL 2 (R 2) ZONE
4.10.1
USES PERMITTED
No person shall, within any R 2 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R 2 uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling; or
ii)
a two-family residential dwelling; or
iii)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a public use, including parks and playgrounds;
ii)
a home occupation or a home industry ancillary to a permitted residential
use;
iii)
bed and breakfast accommodations or rooming and boarding
accommodations;
iv)
ancillary buildings.
4.10.2
ZONE PROVISIONS
No person shall, within any R 2 zone, use any lot or erect, alter or use any building
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
District of Wells Zoning Bylaw
59
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Per Single-Family
Dwelling Unit
300 square metres
(3,230 square feet)
615 square metres
(6,620 square feet)
4,000 square metres
(43,057 square feet)
Per Two-Family
Dwelling Unit
557
square
metres
(5,996 square feet) if
one parcel; 278 square
metres (2,998 square
feet) if divided into two
parcels
1,114 square metres
(11,991 square feet) if
one parcel; 557 square
metres (5,996 square
feet) if divided into
two parcels
4,000 square metres
(43,057 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
Notwithstanding the above, where abutting another dwelling unit as part of a two-
family residential dwelling, an interior side yard setback of zero metres may be
permitted.
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
50%
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
MINIMUM BUILDING WIDTH
The minimum width of any building containing a residential use is 6.5 metres
(21.32 feet).
(f)
MANUFACTURED HOUSING
Any manufactured housing must comply with Canadian Standard Association
A277 Standards.
District of Wells Zoning Bylaw
60
4.11
MULTI-FAMILY RESIDENTIAL (R 3) ZONE
4.11.1
USES PERMITTED
No person shall, within any R 3 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R 3 uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling; or
ii)
a two-family residential dwelling; or
iii)
a multi-family residential dwelling; or
iv)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a public use, including parks and playgrounds;
ii)
a home occupation ancillary to a permitted residential use;
iii)
bed and breakfast accommodations, or rooming and boarding
accommodations ancillary to a single family or a two family residential
dwelling;
iv)
ancillary buildings;
v)
home industry if limited to the interior of the principal dwelling.
4.11.2
ZONE PROVISIONS
(a)
LOT AREA (minimum): The following table identifies the minimum lot area
requirements. The first column identifies the class of use, the second column
identifies the minimum lot area requirements where the lot is served by both
community water and community sewer, the third column identifies the minimum
lot area requirements where the lot is serviced by either community water or
community sewer, and the fourth column identifies the minimum lot area
requirements where community water and community sewer services are
unavailable.
District of Wells Zoning Bylaw
61
USE
SERVED BY
COMMUNITY
WATER AND
COMMUNITY
SEWER
SERVED BY
COMMUNITY
WATER OR BY
COMMUNITY
SEWER
UNSERVICED
LOT
Per Single-Family
Residential
Dwelling
300 square metres
(3,230 square feet)
615 square metres
(6,620 square feet)
4,000 square metres
(43,057 square feet)
Per Two-Family
Residential
Dwelling
557 square metres
(5,996 square feet) if
one
parcel;
278
square metres (2,998
square
feet);
if
divided
into
two
parcels
1,114 square metres
(11,991 square feet);
if one parcel; 557
square metres (5,996
square feet) if divided
into two parcels
4,000 square metres
(43,057 square feet)
Per Multi-Family
Residential
Dwelling Unit
200 square metres
(2,153 square feet)
557 square metres
(5,996 square feet)
2,000 square metres
(21,528 square feet)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
4.5 metres (14.76 feet)
ii)
Exterior Side Yard - Setback
=
4.5 metres (14.76 feet)
iii)
Interior Side Yard - Setback
=
1.25 metres (4.1 feet)
Notwithstanding the above, where abutting another dwelling unit as part of a two-
family or multi-family residential dwelling, an interior side yard setback of zero
metres may be permitted.
iv)
Rear Yard - Setback
=
3 metres (9.84 feet)
(c)
LOT COVERAGE (maximum):
=
40%
(d)
HEIGHT OF BUILDINGS (maximum):
=
12.5 metres (41 feet)
(e)
WATER FRONTAGE (minimum):
=
45.5 metres (149.3 feet)
(f)
MINIMUM BUILDING WIDTH
The minimum width of any building containing a residential use is 6.5 metres
(21.32 feet).
(g)
MANUFACTURED HOUSING
Any manufactured housing must comply with Canadian Standard Association
A277 Standards.
District of Wells Zoning Bylaw
62
4.12
MOBILE HOME PARK (R 4) ZONE
4.12.1
USES PERMITTED
No person shall, within any R 4 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R 4 uses, namely:
(a)
RESIDENTIAL USES:
i)
a mobile home park;
ii)
one dwelling unit for the owner or operator of the mobile home park.
(b)
NON-RESIDENTIAL USES:
i)
a public use, including public utility buildings and structures;
ii)
parks and playgrounds, and outdoor recreational facilities of a
non-commercial nature;
iii)
a home occupation ancillary to a permitted residential use;
iv)
ancillary buildings.
v)
home industry if limited to the interior of the principal dwelling.
4.12.2
ZONE PROVISIONS
No person shall, within any R 4 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA:
i)
The minimum lot area for a mobile home park shall be 2 hectares (4.94
acres).
iii)
Notwithstanding subsection (i), where a mobile home park is served by a
community sewer system, the minimum lot area shall be 1 hectare (2.47
acres).
(b)
MOBILE HOME SPACE:
i)
The minimum size for a mobile home space shall be 370m2.
(c)
DENSITY:
i)
The maximum density within the R 4 zone shall be 20 units/ha (8
units/acre)
(d)
OTHER ZONE PROVISIONS:
All other zone provisions, including required yards and setbacks, height of
buildings and structures, open storage, ancillary uses, parking and loading, etc.,
District of Wells Zoning Bylaw
63
shall be in accordance with any applicable mobile home park bylaw.
(e)
MANUFACTURED HOUSING
Any manufactured housing must comply with Canadian Standard Association
A277 or Z240 Standards.
District of Wells Zoning Bylaw
64
4.13
RURAL 1 (RR 1) ZONE
4.13.1 USES PERMITTED
No person shall, within any RR 1 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following RR 1 uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling; or
ii)
a two-family residential dwelling; or
iii)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a community facility, including a community hall, fire hall, library, school,
church, medical clinic or first aid station, and buildings associated with the
operation and maintenance of an airplane landing strip or helicopter pad;
ii)
airplane landing strip or helicopter pad;
iii)
a public use, including public utility buildings and structures;
iv)
parks, playgrounds and outdoor recreation facilities of a non-commercial
nature;
v)
a home occupation or a home industry ancillary to a permitted residential
use;
vi)
bed and breakfast accommodations or rooming and boarding
accommodations ancillary to a permitted residential use;
vii)
museum, historic site, or cemetery;
viii)
refuse disposal site;
ix)
kennel;
x)
agricultural operations, including horticulture, silviculture, livestock,
intensive livestock operation, stockyard, beekeeping and aquaculture;
xi)
slaughtering and butchering ancillary to a permitted residential use or
agricultural operation, providing such slaughtering and butchering is
limited to only those animals reared on the property, or conducted for
personal consumption by the owner;
xii)
logging and forestry activities, excluding the manufacture of wood
products;
xiii)
portable sawmill, providing such activities are located no closer than 305
metres (1,000 feet) from an existing residential use on an adjacent or
nearby property;
District of Wells Zoning Bylaw
65
xiv)
extraction of raw materials from the land, including crushing and screening
activities, but excluding any further processing activities;
xv)
temporary construction, exploration or logging camp operated by or on
behalf of a government agency or department, or by a registered company,
for the temporary living accommodation of its employees, provided the
method by which sewage is to be disposed of is satisfactory to the Medical
Health Officer. On completion of the project concerned, the camp shall be
removed and the site restored to a satisfactory condition;
xvi)
trapping and guide camps, except main lodges;
xvii)
ancillary buildings.
4.13.2
ZONE PROVISIONS
No person shall, within any RR 1 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum):
=
4 hectares (9.88 acres)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
7.6 metres (24.9 feet)
ii)
Exterior Side Yard - Setback
=
7.6 metres (24.9 feet)
iii)
Interior Side Yard - Setback
=
7.6 metres (24.9 feet)
iv)
Rear Yard - Setback
=
7.6 metres (24.9 feet)
(c)
LOT COVERAGE (maximum):
=
15%
(d)
DWELLINGS PER LOT (maximum):
Notwithstanding the provisions of section 5.10.1(a) above, additional dwellings in
conjunction with bona fide agricultural operations may be located on a lot provided
the lot contains a minimum of 4 hectares (9.88 acres) for each additional dwelling.
(e)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet).
(f)
WATER FRONTAGE (setback):
=
45.5 metres (149.3 feet)
District of Wells Zoning Bylaw
66
4.14
RURAL 2 (RR 2) ZONE
4.14.1
USES PERMITTED
No person shall, within any RR 2 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following RR 2 uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling; or
ii)
a two-family residential dwelling; or
iii)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a community facility, including a community hall, fire hall, library, school,
church, medical clinic or first aid station, and buildings associated with the
operation and maintenance of an airplane landing strip or helicopter pad;
ii)
airplane landing strip or helicopter pad;
iii)
a public use, including public utility buildings and structures;
iv)
parks, playgrounds and outdoor recreation facilities of a non-commercial
nature;
v)
a home occupation or a home industry ancillary to a permitted residential
use;
vi)
bed and breakfast accommodations or rooming and boarding
accommodations ancillary to a permitted residential use;
vii)
museum, historic site, or cemetery;
viii)
refuse disposal site;
ix)
kennel;
x)
agricultural operations, including horticulture, silviculture, livestock,
intensive livestock operation, stockyard, beekeeping and aquaculture;
xi)
slaughtering and butchering ancillary to a permitted residential use or
agricultural operation, providing such slaughtering and butchering is
limited to only those animals reared on the property, or conducted for
personal consumption by the owner;
xii)
logging and forestry activities, excluding the manufacture of wood
products;
xiii)
portable sawmill, providing such activities are located no closer than 305
metres (1,000 feet) from an existing residential use on an adjacent or
nearby property;
District of Wells Zoning Bylaw
67
xiv)
extraction of raw materials from the land, including crushing and screening
activities, but excluding any further processing activities;
xv)
temporary construction, exploration or logging camp operated by or on
behalf of a government agency or department, or by a registered company,
for the temporary living accommodation of its employees, provided the
method by which sewage is to be disposed of is satisfactory to the Medical
Health Officer. On completion of the project concerned, the camp shall be
removed and the site restored to a satisfactory condition;
xvi)
trapping and guide camps, except main lodges;
xvii)
ancillary buildings.
4.14.2
ZONE PROVISIONS
No person shall, within any RR 2 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum):
=
2 hectares (4.94 acres)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
7.6 metres (24.9 feet)
ii)
Exterior Side Yard - Setback
=
7.6 metres (24.9 feet)
iii)
Interior Side Yard - Setback
=
7.6 metres (24.9 feet)
iv)
Rear Yard - Setback
=
7.6 metres (24.9 feet)
(c)
LOT COVERAGE (maximum):
=
20%
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
WATER FRONTAGE (setback):
=
45.5 metres (149.3 feet)
District of Wells Zoning Bylaw
68
4.15
OPEN SPACE, PARKLAND (OSP) ZONE
4.15.1
USES PERMITTED
No person shall, within any OSP zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following OSP uses, namely:
(a)
RESIDENTIAL USES:
i)
one dwelling unit for the owner or operator of a campground or
recreational vehicle park.
(b)
NON-RESIDENTIAL USES:
i)
a public use, including public utility buildings and structures;
ii)
parks and playgrounds, and outdoor recreation facilities of a
non-commercial nature;
iii)
museum, historic site, cemetery;
iv)
campground, recreational vehicle park;
v)
ancillary buildings.
4.15.2
ZONE PROVISIONS
No person shall, within any OSP zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
7.6 metres (24.9 feet)
ii)
Exterior Side Yard - Setback
=
7.6 metres (24.9 feet)
iii)
Interior Side Yard - Setback
=
1.5 metres (4.9 feet)
iv)
Rear Yard - Setback
=
1.5 metres (4.9 feet)
(b)
CAMPGROUND OR RECREATIONAL VEHICLE PARK:
i)
Lot Area (minimum)
=
0.8 hectare (1.98 acres)
ii)
Number of Campsites or
Recreational Vehicle Sites
(maximum)
=
15 per 0.4 hectare
iii)
Vehicle space per Campsite or
Recreational Vehicle Site
(minimum)
=
4.5 by 12 metres
iv)
Amenity area per Campsite or
Recreational Vehicle Site
(minimum)
=
4.5 by 12 metres
(c)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
District of Wells Zoning Bylaw
69
(d)
OPEN STORAGE:
No open storage of goods or materials shall be permitted.
District of Wells Zoning Bylaw
70
4.16
RESOURCE AREA (R/A) ZONE
4.16.1 USES PERMITTED
No person shall, within any R/A zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following R/A uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling; or
ii)
a temporary dwelling unit in conjunction with a single-family residential
dwelling.
(b)
NON-RESIDENTIAL USES:
i)
a community facility, including a community hall, fire hall, library, school,
church, medical clinic or first aid station, and buildings associated with the
operation and maintenance of an airplane landing strip or helicopter pad;
ii)
airplane landing strip or helicopter pad;
iii)
a public use, including public utility buildings and structures;
iv)
parks, playgrounds, outdoor recreation facilities of a non-commercial
nature;
v)
a home occupation or a home industry ancillary to a permitted residential
use;
vi)
bed and breakfast accommodations or rooming and boarding
accommodations ancillary to a permitted residential use;
vii)
museum, historic site, or cemetery;
viii)
refuse disposal site;
ix)
Agricultural operations, including horticulture, silviculture, livestock,
intensive livestock operation, stockyard, beekeeping and aquaculture;
x)
slaughtering and butchering ancillary to a permitted residential use or
agricultural operation, providing such slaughtering and butchering is
limited to only those animals reared on the property, or conducted for
personal consumption by the owner;
xi)
logging and forestry activities, including the manufacture of wood
products;
xii)
portable sawmill, providing such activities are located no closer than 300
metres (984 feet) from an existing residential use on an adjacent or nearby
property;
District of Wells Zoning Bylaw
71
xii)
extraction of raw materials from the land, including crushing and screening
activities, but excluding any further processing activities;
xv)
temporary construction, exploration or logging camp operated by or on
behalf of a government agency or department, or by a registered company,
for the temporary living accommodation of its employees, provided the
method by which sewage is to be disposed of is satisfactory to the Medical
Health Officer. On completion of the project concerned, the camp shall be
removed and the site restored to a satisfactory condition;
xvi)
trapping and guide camps, except main lodges;
xvii)
ancillary buildings.
NOTE:
Many of the above uses are non-permitted use in the Forest Land Reserve and
are therefore subject to Land Reserve Commission approval.
4.16.2 ZONE PROVISIONS
No person shall, within any R/A zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum):
=
32 hectares (79.07 acres)
(b)
REQUIRED YARDS (minimum):
i)
Front Yard - Setback
=
7.6 metres (24.9 feet)
ii)
Exterior Side Yard - Setback
=
7.6 metres (24.9 feet)
iii)
Interior Side Yard - Setback
=
7.6 metres (24.9 feet)
iv)
Rear Yard - Setback
=
7.6 metres (24.9 feet)
(c)
LOT COVERAGE (maximum):
=
10%
(d)
DWELLINGS PER LOT (maximum):
Notwithstanding the provisions of section 5.14.1(a) above, additional dwellings in
conjunction with bona fide agricultural operations may be located on a lot provided
the lot contains a minimum of 4 hectares (9.88 acres) for each additional dwelling.
(e)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
District of Wells Zoning Bylaw
72
4.17
BARKERVILLE SATELLITE AND PROTECTED AREAS (B 2) ZONE
4.17.1 USES PERMITTED
No person shall, within any B 2 zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following B 2 uses, namely:
(a)
RESIDENTIAL USES:
i)
a single-family residential dwelling.
(b)
NON-RESIDENTIAL USES:
i)
park administration offices;
ii)
park service and public facilities;
iii)
museums and historic sites;
iv)
ancillary buildings.
Notwithstanding any other provisions of this bylaw to the contrary, lands held in private
ownership in the B 2 zone shall only be used for a single-family residential dwelling.
4.17.2
ZONE PROVISIONS
No person shall, within any B 2 zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
LOT AREA (minimum):
=
0.8 hectare (0.99 acre)
(b)
REQUIRED YARDS (minimum):
=
0
(c)
LOT COVERAGE (maximum):
=
40%
(d)
HEIGHT OF BUILDINGS (maximum):
=
10.67 metres (35 feet)
(e)
OPEN STORAGE:
There are no restrictions applicable to open storage of goods or materials related to
the establishment, maintenance or operation of the historic park.
District of Wells Zoning Bylaw
73
4.18
EDUCATIONAL (SCHOOL) (S) ZONE
4.18.1 USES PERMITTED
(a)
NON-RESIDENTIAL USES:
i)
Educational facilities.
4.18.2
ZONE PROVISIONS:
This zone shall use the text of Institutional Zone ( P)