THE TOWN OF OLIVER BYLAW 1330 ZONING BYLAW

Transcription

1 THE TOWN OF OLIVER BYLAW 1330 ZONING BYLAW A bylaw to divide the Municipality into zones and to provide for regulations governing the use of land, buildings, and structures, off street parking and loading, landscaping and screening, runoff control and construction in floodplains. The Council of the Town of Oliver, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1.1 This bylaw may be cited as Zoning Bylaw The following schedules attached hereto are part of this bylaw and are adopted as zoning, parking, loading, screening and landscaping, runoff control and floodplain regulations for the Town of Oliver: a. Schedule A (Zoning Bylaw text); b. Schedule B (Zoning Bylaw map). 1.3 Zoning Bylaw No. 720, 1993 is repealed. Read a first time this day of, Read a second time this day of, Public Hearing held on day of, Read a third time this day of, Received approval of the Ministry of Transportation this day of, Adopted this day of, Mayor Corporate Officer Town of Oliver Zoning Bylaw Page 1

2 SCHEDULE A ZONING BYLAW TEXT This is Schedule A of the Oliver Zoning Bylaw No Mayor Corporate Officer Town of Oliver Zoning Bylaw Page 2

3 PART 1 INTRODUCTION 1.4 All dimensions and other measurements in this bylaw are expressed in the Standard International Units (Metric) system. Imperial measurement conversions are for convenience only, and do not form part of the Bylaw. 1.5 In the event of any inconsistency between the text of this bylaw and any figure or illustration, the text shall govern. 1.6 The Intent section for each zone is provided for information purposes only and does not form part of the bylaw. 1.7 If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder. Town of Oliver Zoning Bylaw Page 3

4 PART 2 ADMINISTRATION 2.1 The Municipal Building Inspector and any other employee appointed by Council to administer this bylaw are at all reasonable times on any day authorized to enter on any property that is subject to regulation under this bylaw to ascertain whether the regulations or directions under this bylaw are being observed. 2.2 Every person who: (i) (ii) (iii) (iv) (v) (vi) violates any of the provisions of this bylaw; causes or permits any act or thing to be done in contravention or violation of any of the provisions of this bylaw; neglects or omits to do anything required under this bylaw; carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this bylaw; fails to comply with an order, direction or notice given under this bylaw; being the owner of land, permits, allows or suffers any occupier of that land to do any act or thing in contravention or violation of any of the provisions of this bylaw, to neglect or omit to do anything required under this bylaw, to carry out any development in a manner prohibited by or contrary to any of the provisions of this bylaw, or to fail to comply with an order, direction or notice given under this bylaw; or (vii) prevents or obstructs or attempts to prevent or obstruct the authorized entry of the Municipal staff on property shall be deemed to be guilty upon summary conviction of an offence under this bylaw. 2.3 Each day's continuance of an offence constitutes a new and distinct offence. 2.4 Every person who commits an offence under this bylaw is liable on summary conviction to a fine not exceeding $10,000 and the costs of prosecution. Town of Oliver Zoning Bylaw Page 4

5 PART 3 DEFINITIONS 3.1 All words or phrases used in this bylaw have their usual or common meaning except where they are changed, modified or expanded by the following: "Accessory" means a use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principle use, building or structure; "agriculture" means growing, rearing, producing or harvesting agricultural crops and livestock and includes processing on a parcel of the primary agricultural products harvested, reared, or produced on the parcel and excludes intensive agriculture; "aisle space" means the area of a site which provides space for motor vehicle access and does not include space for motor vehicle parking; "alteration" means a structural change to a building and includes: (i) (ii) (iii) (iv) an addition to gross floor area or height; the removal of a portion of the building; construction of, cutting into, or removal of a wall, partition, column, beam, joist or floor; and a change to or closing of any required means of access or egress; "amenity area" means common space located on the same parcel as a residential building and used for landscaping or communal recreation purposes, which may include landscaped areas, rooftop gardens, tennis courts, swimming pools, communal lounges and private balconies to the extent of not more than 5.0m2 (53.8ft2) of private balcony space per dwelling unit; and to the extent of not less than 25.0% of amenity space located at grade; "apartment building" means a building other than a townhouse containing three or more dwellings each of which has its principal access from an entrance common to the dwellings; "artisan studio" means premises for the production of art, photography, audio visual materials, sculpture and other crafts including but not limited to pottery, wood crafts, metal crafts, textile crafts, glass crafts, custom stone crafts or native crafts; "assembly" means the gathering of persons for charitable, civic, cultural, educational, entertainment, philanthropic, political, recreational or religious purposes; Town of Oliver Zoning Bylaw Page 5

6 assisted living facility means residences with communal dining facilities for elderly or disabled persons that provide sleeping units, meals, and personal care and services; "basement" means that portion of a building between two floor levels which is partially underground and has a ceiling that is less than 1.8m (5.9ft) above grade; "base elevation" means the average of the levels of finished ground adjoining the corners of a building or structure determined without regard to localized depressions such as for vehicle or pedestrian entrances, and in the case of a building or structure for which the corners cannot be established, the elevation from which the building official determines that the height of the building or structure would be measured if the corners could be established; bed and breakfast means a home occupation comprising the commercial rental of guest rooms to not more than five guests at one time, and the use of common areas including a dining room by paying guests, all within a detached dwelling; "bicycle parking, long term" means bicycle parking that is provided for residents, students or employees for the long term secure parking of bicycles, and includes bicycle lockers, compounds or rooms specifically provided and equipped for bicycle storage; "bicycle parking, short term" means bicycle parking that is provided for patrons or visitors for the short term parking of bicycles, and includes racks, lockers, or other structurally sound devices designed to secure one or more bicycles in an orderly fashion; breezeway means a connection between an accessory building and a principal building that is not heated of insulated and is not restricted by intervening doors; "building" means a roofed structure used or intended for supporting or sheltering any use or occupancy; business service establishment means a business premises or building where non household business services are provided, and where any retail sale of goods is accessory to the provision of such services, and for this purpose electrical and appliance repair, printing and duplication, minor repair of mechanical equipment for printing and duplicating, secretarial services, custodial or janitorial services, testing laboratories, sign printing, home and office security and photography are considered non household business services; business premises means a part of a building used for carrying on a commercial or industrial undertaking of any kind or nature for gain or profit, but does not include home occupations; "campground" means a site that is used or intended to be used for commercial temporary or recreational accommodation by the travelling public in tents, tent trailers, campers, or Town of Oliver Zoning Bylaw Page 6

7 recreational vehicles, and not for residential purposes other than the residence of an attendant or caretaker; "caretaker or watchman residence" means an accessory building or portion of a building used to provide: (i) accommodation for persons employed on the property; or (ii) a residence for a caretaker or operator of a commercial establishment; carriage home means a building located on a residential parcel, that is detached from the principal residence, and contains a secondary suite unit; civic use means land, a building or facility used for the provision of public services, including but not limited to: fire and protective services, community and recreational services, administrative services and public works; congregate care housing means a care facility that combines private living quarters with centralized dining services, shared living spaces, and access to social and recreational activities. Congregate housing usually provides supportive services like meals and housekeeping in addition to rental accommodation; construction services means a business premises or building that is used for trades contractor offices as well as construction equipment sales and storage; convenience store means a business premises or building where groceries, personal care items, bakery goods, candy, beverages, flowers, magazines and newspapers are sold to the local neighbourhood; crematorium means a building fitted to undertake the cremation of human remains; day care center, major means a business premises or building licensed under the Community Care and Assisted Living Act and used to provide child or adult care, education, or supervision, but not accommodation or supervision of persons in care, and includes group day care centers, out of school centers, and drop in centers, intended for more than eight adults or children. One sleeping unit intended for overnight accommodation of shift workers may be included; day care center, minor means a business premises or building licensed, under the Community Care and Assisted Living Act and used to provide child care, adult care, education and supervision, but not include overnight accommodation or supervision of persons in care, and includes group day care centers and drop in centers, intended for no more than eight adults or children. One sleeping unit intended for overnight accommodation of shift workers may be included; Town of Oliver Zoning Bylaw Page 7

8 "design water surface" means the elevation of water in a lake, pond, swamp, river, stream or any other water body or water course which statistically is exceeded once every two hundred years, as determined by the British Columbia Ministry of Environment; duplex means a building that is divided horizontally or vertically into two separate dwelling units, each of which has an independent entrance either directly from the exterior or through a common vestibule; "dwelling" means a self contained group of two or more rooms used by not more than one family as living quarters that contains at least one sleeping area, a lavatory, a shower or bath and not more than one kitchen; "education service, major" means a business premises, building or group of buildings used for public assembly for education, training or instruction purposes including but not limited to elementary and secondary schools, community colleges, universities, technical and vocational schools and accessory administration offices or maintenance and storage facilities that are required for the daily operation of the service or facility; "education service, minor" means a business premises, building or group of buildings used for public assembly of up to 60 persons for education, training or instruction purposes including but not limited to elementary and secondary schools, community colleges, universities, technical and vocational schools and accessory administration offices or maintenance and storage facilities that are required for the daily operation of the service; "exterior parcel line" means any parcel line adjacent to a street other than a front or rear parcel line; "Extended care residence" means a care facility that provides a higher level of personal assistance than assisted living. Extended care is for persons requiring 24 hour supervision, personal nursing care and/or treatment by skilled nursing staff; "family" means: (i) (ii) two or more persons related by blood, marriage, adoption or foster parenthood sharing one dwelling; or not more than five unrelated persons sharing one dwelling; "fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen a property; "floor area ratio" means the net floor area on all levels of all buildings and structures on a lot divided by the parcel area; Town of Oliver Zoning Bylaw Page 8

9 food and beverage processing means a business premises or building, where produce, meat or beverages are processed, produced, canned, frozen, packed or stored indoors, and includes the brewing or distilling of alcoholic beverages or alcoholic products with alcoholic content exceeding 1.0% by volume and public tasting and retail sale of alcoholic beverages produced on the premises; "front parcel line" means any parcel line common to a parcel and a street other than a lane, except that (i) (ii) in the case of a corner lot at the intersection of two streets, the front parcel line is the shorter of the two parcel lines common to the parcel and a street; in cases where a parcel is contiguous to two streets (except corner lots), both parcel lines shall be considered as front parcel lines; "funeral service" means a building used for the preparation of the dead for burial and holding of funeral services but not for the cremation of human remains; gasoline service station means land or a building used for the retail sale of motor vehicle fuels and lubricants; "gross floor area" means the sum of the horizontal floor areas of each storey of all buildings or accessory buildings on the lot, measured to the exterior walls and contained within the exterior and basement walls and excludes all parking areas; "height" means, with respect to a building, the maximum vertical distance between natural base elevation and the highest point of the structure of a non sloping roof, or the mid point between the intersection point of the building wall and roof structure and ridge of a sloping roof excluding dormers; Town of Oliver Zoning Bylaw Page 9

10 Figure 3.1 Height Illustration "high technology, manufacturing, design and research" means a business premises or buildings used for research, design or manufacturing in the fields of computer software and programming, electronics, telecommunications, aeronautics, precision engineering, robotics, biochemistry, health care, and related industries; "highway" includes a highway, road, lane, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property; home occupation means a business, occupation or profession carried out in a dwelling unit and clearly auxiliary or incidental to the principal use of the dwelling unit and parcel on or from which it is carried out; "hotel" means a building which contains sleeping units and may contain assembly, retail, entertainment, indoor recreation or restaurant uses and premises licensed for on site consumption of alcoholic beverages; indoor commercial entertainment or recreation means a facility or building, or part thereof, for indoor entertainment activities including: pool halls, arcades, bowling alleys, racquet sport courts, theatres, fitness clubs, and night clubs; innkeeper suite means a self contained accessory dwelling unit located on the same parcel as a hotel or motel for purpose of housing the proprietor, manager or caretaker; "intensive agriculture" means commercial kennels, feedlots, stables, piggeries, mink farms and poultry farms; Town of Oliver Zoning Bylaw Page 10

11 "interior side parcel line" means a parcel boundary between two or more parcels other than a front or rear parcel line; "kitchen" means a room or area within a dwelling unit that is used or designed to be used for the storage or preparation of food and the storage or cleaning of cooking or eating utensils, and is equipped with or designed to be equipped with a refrigerator, electric or gas range or microwave oven, and sink connected to a supply of water and a drain; "lane" means a public right of way, less than 8.0m (26.2ft) wide which provides a second access to a parcel; "licensed retail liquor store" means an establishment licensed by the British Columbia Liquor Control and Licensing Branch to sell packaged beer, wine, coolers, ciders, and liquor; "liquor sales, primary" means a business premises or building where alcoholic beverages are offered for sale to the public for consumption on the premises, including but not limited to neighbourhood pubs, cocktail lounges, and cabarets; lobby means that portion of a hotel, inn, lodge, tourist accommodation building or resort residential use which is primarily utilized as an entry area to the building or resort and may include but is not limited to a reception area, entry foyer, administrative offices related to the reception function, temporary storage area for guests belongings, and entry lounge; lot means a parcel of land which is legally defined either by registered plan or legal description; lot area means the total horizontal area with the lot lines of a lot; lot line means the legally defined boundary of any lot or property line; Town of Oliver Zoning Bylaw Page 11

12 Figure 3.2 Illustration of Lot Types and Yard Locations (also see Figures ) manufacturing means fabricating, processing, assembling and finishing of goods or materials not involving the use, processing or production of hazardous wastes; "manufactured home" means a dwelling built under CSA standards Z240 or A277 whether ordinarily equipped with wheels or not that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and includes single wide manufactured homes and double wide manufactured homes, but does not include travel trailers, recreational vehicles, park model recreational vehicles or campers; "metal storage container" means a purpose designed metal cargo container for holding of goods, which is intended to be placed on a ship, truck or railcar; multi family residential means a zone that permits buildings containing three or more residential dwellings, including the following zones: RM1,RM2, RM3, RM4, RCs, RCD, and RCD1; "natural boundary" means the visible high water mark of a lake, pond, swamp, river, stream or any other water body or water course where the presence and action of water are so common and so long continued in all ordinary years as to mark upon the soil of the bed of the water body or water course a character distinct from the banks thereof in respect to vegetation and in respect to the nature of the soil itself; net floor area means the gross floor area of all buildings including elevator shafts, corridors, hallways, landings, foyers, staircases and stairwells, balconies, sundecks, porches and verandas Town of Oliver Zoning Bylaw Page 12

13 that are enclosed by walls and connected to a heating and ventilation system and accessory buildings except those used for parking, but excluding; (i) (ii) (iii) (iv) (v) (vi) attics, breezeways, porches, balconies that are unheated and partially or totally enclosed in clear glazing, unenclosed swimming pools, roof gardens, an similar appurtenances that are unenclosed by wall and not connected to the heating and ventilation system; underground parking spaces, driveways, aisles and ground surface parking spaces or parking lots; storeys in a parking structure that are accessory to a permitted use; vehicle access and manoeuvring aisles; any storeys or portions of storeys where the height from floor to ceiling is less than 1.8m (5.9ft); and in residential zones, uninhabitable auxiliary storage structures under 15.0m2 (161.5ft2) in floor area. office means a business premises or building, designed and intended for the provision of professional, management, administrative, government, consulting, or financial services in an office setting including but not limited to the offices of: lawyers, accountants, travel agents, real estate and insurance firms, planners, non government organizations, clerical agencies, Crown corporations, municipalities and provincial or federal governments; "parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a street or lane; "parcel coverage" means the total ground level area of all primary and auxiliary buildings, additions, carports, canopies and structures of any kind located on a parcel, measured to the outside of the foundations or footings, divided by the total parcel area and expressed as a percentage but excluding the following: (i) balconies located above the first storey which are cantilevered from a building without footings or support extending to the ground; (ii) uncovered decks and patios that are not more than 0.6m (2.0ft) above grade; and (iii) outdoor, uncovered swimming pools; "parking space" means an area identified for the parking of one motor vehicle and does not include aisle space; personal service establishment means a business premises or building where services intended for an individual are provided, and where any sale of retail goods is accessory to the provision of such services, including: hair cutting, beauty services, tanning, shoe repair, medical Town of Oliver Zoning Bylaw Page 13

14 and dental services, chiropractor services, acupuncture, naturopathy, physical therapy, massage therapy, counseling, tailoring, locksmithing and dry cleaning; "rear parcel line" means the boundary of a parcel which lies the most opposite to and is not connected to the front parcel line and which is not contiguous to a street other than a lane; "recycled materials depot and drop off center" means a building or parcel used for the collection, purchase and sale, sorting, processing and temporary storage of recyclable materials including, but not limited to: cardboard, plastics, paper, metal, bottles and similar household goods or items returnable for deposit; "residence" means occupancy or use of a building or part thereof as a dwelling or the dwelling occupied or used, as the context requires; resort residential housing includes townhouse or apartment type units occupied either on a full or part time basis by an owner or an occupant including occupancy under a time share use or ownership plan, or used for the temporary commercial accommodation of the traveling public including accommodation provided under a rental pool scheme; "restaurant" means a business premises or building where prepared food and beverages are offered for sale to the public and includes, but is not limited to: food primary licensed restaurants, theatre restaurants, banquet facilities, cafes, delicatessens, tearooms, lunch rooms, refreshment stands and drive through facilities; "retail" means the sale of goods or merchandise to the general public; retail establishment, major means a business premises or building, where goods or merchandise are provided for sale at retail, and includes the sale of: groceries, bakery goods, specialty foods, hardware, electronics and appliances, animal and pet care items, clothing, pharmaceuticals, antiques, collectibles, sporting goods, videos, jewelry, flowers, magazines, newspapers, musical equipment, pawned goods, consignment items, items for auction, and personal care items, and the storage of goods and merchandise sold on the premises; retail establishment, minor means a business premises or building not exceeding 150.0m 2 (1614.6ft 2 ) of gross floor area, where goods or merchandise are provided for sale at retail, and includes the sale of groceries, bakery goods, specialty foods, flowers, magazines, newspapers, personal care items, animal and pet care items, and the sale and rental of videos, and the storage of goods and merchandise sold on the premises; secondary suite means one or more habitable rooms used or intended for use as a dwelling, with self contained sleeping, living, cooking, and sanitary facilities, and direct access to the exterior, without passing through any part of the principal dwelling unit. The secondary suite Town of Oliver Zoning Bylaw Page 14

15 unit is subordinate to the principal dwelling unit and may occupy up to 40% of the habitable floor space of the principal building and shall not exceed 90.0m 2 (968.7 ft 2 ); service industry establishment, major means a business premises or building where nonpersonal goods and services are provided, limited to: automobile, trucks and truck trailer sales, rental and repair; auto and truck body repair and painting; tire sales and repair; sales, rental and repair of heavy equipment and farm implements; custodial services; metalworking, machining and woodworking; and plumbing and heating sales, storage and repair; service industry establishment, minor means a business premises or building, where nonpersonal goods and services are provided, limited to: automobile sales, rental and repair; auto body repair and painting; tire sales and repair; household cleaning and repair; metal and woodworking; and plumbing and heating sales, storage and repair; "setback" means the minimum permitted distance between a class of building or use specified in this bylaw and a parcel line or other feature specified in this bylaw; shopping centre means a group of commercial uses, which have been designed, developed and managed as a unit by a single owner or tenant, or a group of owners or tenants and is different from a commercial area comprising of unrelated individual commercial uses; sleeping unit means a unit of one or two habitable rooms that are used for accommodation of assisted living or congregate care residents, neither of which is a kitchen; "storey" means the habitable volume between the floors of a building or between its floor and roof; storey, first means the uppermost storey having its floor level not more than 1.2m above building grade; "structure" means any construction fixed to, supported by or sunk into land or water but does not include concrete or asphalt paving or similar surfacing; "temporary fabric structure" means a temporary shelter that is not permanently affixed to the parcel by way of foundation or footings, and is not considered a structure; tourist accommodation means habitable suites or rooms which are used to provide temporary lodging for the traveling public on a rental basis, where the rental term occupancy is less than one month. For clarity, habitable suites which are owned by more than one owner on a fractional or time share basis and occupied only by the owners and not rented out for terms of less than one month are not considered tourist accommodation; Town of Oliver Zoning Bylaw Page 15

16 "townhouse" means a building not more than three storeys high divided into three or more dwelling units located side by side under one roof with private entrances to each dwelling from the exterior of the building and with each dwelling sharing common walls or party walls; utility service means underground facilities intended for the local transmission of water, sewage, natural gas, electricity, telephone signal, television signal and internet signal, but does not include above ground telecommunication facilities, electricity transmission buildings and facilities and oil or gas storage tanks; veterinary clinic means a business premises or building used for the care, diagnosis and treatment of animals and includes the provision of short term lodging for animals under the care of a veterinarian; "watercourse" means a depression with a bed 0.6m (2.0ft) or more below the natural elevation of surrounding land: (i) (ii) that serves to give direction to a current of water for an average of at least six months of a year according to records kept by the government of British Columbia; or that has a drainage area of 2.0km 2 (0.77 square miles) or more; width in relation to a parcel means the horizontal distance between side parcel lines, measured parallel to the front parcel line, at the minimum front setback; wind machine means a fixed, engine driven fan used to reduce the effect of temperature inversions on agricultural crops; winery means premises for the manufacture, packaging, storage and sales of grape and fruit based wines; yard, front as illustrated in Figure 3.3 means the area of setback required from the front parcel line; yard, side as illustrated in Figure 3.3 means the area of setback required from the interior or exterior side parcel line; and yard, rear as illustrated in Figure 3.3 means the area of setback required from the rear parcel line. Town of Oliver Zoning Bylaw Page 16

17 Figure 3.3 Front, side and rear yard setbacks Corner Lot Figure 3.4 Front, side and rear yard setbacks Irregular Lot with No Parallel Lot Lines Town of Oliver Zoning Bylaw Page 17

18 Figure 3.5 Front, side and rear yard setbacks Irregular Lot with No Rear Lot Line Town of Oliver Zoning Bylaw Page 18

19 PART 4 BASIC PROVISIONS 4.1 This bylaw applies to the entire area of the Municipality other than the area that is subject to Regional District of Okanagan Similkameen Zoning Bylaw No Land or the surface of water shall not be used and buildings and structures shall not be constructed, altered, located or used except as specifically permitted by this bylaw. 4.3 Land shall not be subdivided so as to create a parcel having lesser area, width or depth than the minimum area, width or depth specified in this bylaw for the zone in which the land is located. 4.3 Utility uses are permitted in every zone and the landward portions of docks and wharves are permitted in zones abutting water bodies despite any provision of this Bylaw dealing with the siting of structures. 4.4 In the case of public service or utility buildings and structures with no exterior storage of any kind within residential zones, the minimum parcel area for subdivision is 140.0m 2 (1507.0ft 2 ) and minimum parcel width is 7.6m (24.9ft) provided that any parcel created under this section is charged with a covenant in favour of the Town under s. 219 of the Land Title Act restricting its use to such public service or utility uses and prohibiting exterior storage on the parcel. 4.5 Except as specifically permitted in this bylaw, a use located partially or totally in a tent, trailer, manufactured home, motor home or recreational vehicle is prohibited. 4.6 Except for all non habitable buildings under 10m 2 (106.7ft 2 ) in size, all buildings and structures must be affixed to permanent foundations. Prohibited Uses 4.7 Asphalt mixing plants are prohibited from all zones. Town of Oliver Zoning Bylaw Page 19

20 Zoning Districts 4.8 For the purposes of this bylaw the Town of Oliver is divided into zones identified in Column I and each zone is described in Column II. COLUMN I Rural Zones AG COLUMN II Agriculture and Openland Residential Zones RS1 RS2 RS3 RSM RD RM1 RM2 RM3 RM4 RM4s RCD RCD1 RCs RAL1s Single Family Residential Single Family Residential Single Family Residential Manufactured Home Park Two Family Residential Multi Family Dwelling Multi Family Dwelling Multi Family Dwelling Multi Family Dwelling Multi Family Dwelling: Site Specific Comprehensive Residential Development Comprehensive Residential Development Resort Commercial: Site Specific Residential Assisted Living: Site Specific Commercial Zones C1 C2 C2s C3 CS1 CT1 CT2 CT2s CP Neighbourhood Commercial Transition Commercial Transition Commercial: Site Specific Town Centre Service Commercial Tourist Commercial Tourist Commercial Tourist Commercial Site Specific Commercial Parking Industrial Zones M1 M2 Industrial Transition Light Industrial Public Zones P1 P2 Institutional Major Park Town of Oliver Zoning Bylaw Page 20

21 Definition of Zones 4.8 (.1) The area of each zone is defined by Schedule B. (.2) Where a zone boundary is shown on Schedule B as following a road allowance or a watercourse, the centreline of the road allowance or watercourse shall be the zone boundary. (.3) Schedule B also illustrates for convenience Regional District of Okanagan Similkameen zones within the Town s municipal boundary. Appendix 1 includes the applicable Regional District zone regulations for convenience and does not form part of the Bylaw. Town of Oliver Zoning Bylaw Page 21

22 PART 5 GENERAL REGULATIONS Buildings Per Parcel 5.1 Not more than one principal building shall be located on any parcel, except as otherwise specified in this bylaw. Siting 5.2 The setback requirements of this bylaw shall not apply to strata lots except as otherwise specified. 5.3 No portion of a setback area required by this bylaw, between a parcel line and building, shall provide any portion of open space for any building or use on another parcel. 5.4 In the case of a street shown as a major street on the Major Street Network Plan in the Oliver Official Community Plan, the setback of buildings and structures shall be measured from the ultimate boundary of the street designated in the Major Street Network Plan regardless of the location of the boundary at the time the building or structure is constructed. 5.5 Within Commercial zones, where a parcel abuts a lane, a required setback shall be measured to the centreline of the lane. Projections 5.6 Eaves, gutters, cornices, bays with or without windows, balconies, porches, ramps, canopies, stairwells, chimneys and mechanical heating, cooling and ventilation equipment, and building features functionally similar to them, may project into setback areas to the extent permitted by sections 5.7 and Projections measured horizontally shall not exceed: (.1) 0.6m (2.0ft) into an interior side yard setback. (.2) 1.5m (4.9ft) into a front yard or exterior side yard setback. (.3) 2.0m (6.6ft) into a rear yard setback. 5.8 In no case shall a projection extend within 0.3m (1.0ft) of a parcel line. 5.9 Except for eaves, gutters and cornices, in no case shall the total linear dimension of projections into a side yard setback area exceed 25.0% of the linear dimensions of the wall from which the projection occurs, as shown in Figure 5.1. Town of Oliver Zoning Bylaw Page 22

23 Dwellings Figure 5.1 Side yard setback projection limits 5.10 Each dwelling unit shall have a minimum net floor area of 45.0m 2 (484.4ft 2 ) Residential land use in any Residential zone in this bylaw is restricted to dwellings (or in the case of the RAL1 zone, sleeping units) which are occupied as a domicile either by the owner or by a tenant in a residential tenancy having a term of at least one month. A dwelling may not be used for tourist accommodation except as follows: (.1) In a bed and breakfast, in zones where such a use is permitted. (.2) Where tourist accommodation use is specifically permitted by this bylaw. Accessory Buildings 5.12 A garage, carport, greenhouse or similar structure attached to a principal building by any means, including a breezeway, is not an accessory building, but is a part of the principal building and is subject to the provisions of this bylaw pertaining to the principal building No more than one breezeway shall be permitted on any parcel of land for attaching accessory buildings to the principal building. Town of Oliver Zoning Bylaw Page 23

24 5.14 In zones where accessory buildings and carriage homes are permitted, accessory buildings and carriage homes shall not collectively or individually occupy in excess of 75.0m 2 (807.3ft 2 ) land area on any parcel In Residential zones, no more than one accessory building or carriage home having an area in excess of 10.0m 2 (107.6ft 2 ) is permitted in association with a single family dwelling or a half duplex Accessory buildings in Residential zones shall not exceed a height envelope of 1.3m (4.3ft), which may increase from the property line at an inward angle of 45.0 degrees to the horizontal, to reach a maximum height of 5.0m (16.4ft), as shown in Figure Accessory buildings in Residential zones shall not exceed one ground storey and a partial second storey above it, as shown in Figure 5.2. Figure 5.2 Accessory building rear yard setback Carriage Homes 5.18 The following regulations shall apply in zones where a carriage home is a permitted use: (.1) Not more than one carriage home shall be permitted on any parcel of land. (.2) A parcel of land shall not contain both a carriage home and a secondary suite. Town of Oliver Zoning Bylaw Page 24

25 (.3) A building permit shall not be issued for a dwelling unit that may lawfully be constructed only as a carriage home, unless a principal dwelling is in existence on the parcel or the permit authorizing the construction of the carriage home also authorizes the construction of a principal dwelling on the parcel, and no such carriage home shall be occupied until the principal dwelling on the parcel is occupied. (.4) Height regulations for accessory buildings in Residential zones, as shown in Figure 5.2, shall apply to all carriage homes. (.5) The front yard, side yard (interior) and side yard (exterior) setback regulations for accessory buildings in Residential zones apply to the siting of carriage homes. (.6) All carriage homes shall be set back no less than 3.0m (9.8ft) from a rear parcel line. (.7) The distance between a principal dwelling and a carriage home in any zone shall be 3.0m (9.8ft) or greater. (.8) All carriage homes shall be connected to the Town of Oliver sanitary sewer system. (.9) In addition to the off street parking spaces required for the principal dwelling unit, one additional off street parking space is required for a carriage home. Where possible the additional parking space shall abut and use an existing driveway for access to the street. At least one parking space for the principal dwelling and one parking space for the carriage home shall be located so as to provide direct vehicular access to the street without obstruction by a vehicle parked in another parking space. (.10) A carriage home shall not be permitted on a parcel on which a bed and breakfast home occupation is conducted, unless used as part of the bed and breakfast. (.11) A home occupation shall only be permitted to operate on a parcel with a carriage home if the home occupation is a mobile service operated from the dwelling unit but not provided within the dwelling unit, such as professional consulting, building trades, and other mobile professional and personal service businesses. Secondary Suites 5.19 The following regulations shall apply in zones where a secondary suite is a permitted use: (.1) A secondary suite shall be entirely contained within a single family dwelling or half duplex. (.2) Not more than one secondary suite shall be permitted in a single family dwelling or half duplex. Town of Oliver Zoning Bylaw Page 25

26 (.3) The floor area of a secondary suite shall not exceed 90.0m 2 (968.7ft 2 ) or 40.0% of the habitable floor space of the principal building in which the secondary suite is located, whichever is less. (.4) Secondary suites shall be connected to the Town of Oliver sanitary sewer system. (.5) In addition to the off street parking spaces required for the principal dwelling unit, one additional off street parking space is required for the secondary suite. Where possible the additional parking space shall abut and use an existing driveway for access to the street. At least one parking space for the principal dwelling and one parking space for the secondary suite shall be located so as to provide direct vehicular access to the street without obstruction by a vehicle parked in another parking space. (.6) Any structural alterations or additions undertaken to provide a secondary suite shall be done in a manner which does not alter the single family residential appearance of the area in which it is situated. (.7) A secondary suite shall not be permitted on a parcel on which a bed and breakfast home occupation is conducted, unless used as part of the bed and breakfast. (.8) A home occupation shall only be permitted to operate on a parcel with a secondary suite if the home occupation is a mobile service operated from the dwelling unit but not provided within the dwelling unit, such as professional consulting, building trades, and other mobile professional and personal service businesses. Flood Protection 5.20 Buildings or structures shall not be constructed, altered or located within 7.5m (24.6ft) of the natural boundary of a lake, swamp or pond; within 7.5m (24.6ft) of the Okanagan River Channel Flood Control right of way or the toe of the dyke confining the channel; or within 15.0m (49.2ft) of the natural boundary of any other watercourse Flood protection setbacks shall not apply to non habitable buildings up to 10m 2 (107.6ft 2 ) in floor area that are constructed with no fixed foundation Buildings or structures shall not be constructed, altered or located such that the underside of the floor system of any area used for habitation, business or storage of goods damageable by flood waters is lower than, and no mobile or manufactured home shall be installed on ground that is lower than: (.1) 1.5m (4.9ft) above the design water surface profile of the Okanagan River Channel; or Town of Oliver Zoning Bylaw Page 26

27 (.2) 1.5m (4.9ft) above the elevation of the natural boundary of any other water course, lake, swamp or pond, except Tuc el nuit Lake in relation to which the minimum elevation shall be 299.5m (982.6ft) Geodetic Survey of Canada datum The preceding section (5.22) shall not apply to: (.1) Lands zoned M1 Light Industrial (.2) Alteration of an existing building or structure used as a residence, which does not involve an addition. (.3) That portion of a building used as a carport or a garage or underground parking area. Height Exceptions 5.24 The following height exceptions apply to all primary and accessory structures regardless of height limits set for individual zones in this bylaw: (.1) Chimneys may project up to 1.0m (3.3ft) above the peak of a gable or sloped roof, or above a flat roof. (.2) Spires or similar structures that occupy not more than 1.0% of the building footprint area may project to a height that is 50.0% more than the specified height limit in all zones except Residential. (.3) Antennae designed and used to receive radio and television signals, and their supporting structures, may project up to 1.0m (3.3ft) above the peak height of a gable or sloped roof, or up to 1.8m (5.9ft) above the parapet of a flat roof on which they are mounted. This exemption does not apply to antennae used for transmitting commercial or amateur radio or television signals, which remain subject to the applicable height limits set for principal and accessory structures. (.4) Mechanical appurtenances such as heating and cooling units, screened from view from a street, constituting not more than 10.0% of the total roof area of a building may project up to 1.0m (3.3ft) above the parapet of a flat roof. (.5) Wind machines in the Agricultural zone shall not be subject to height limits. (.6) Photovoltaic panels, solar hot water panels and micro wind turbines may project up to 2.0m (6.6ft) above the peak of a gable or sloped roof, or up to 2.8m (9.2ft) above the parapet of a flat roof on which they are mounted. Town of Oliver Zoning Bylaw Page 27

28 Fences 5.25 The height of a fence shall be determined by a measurement from the average grade level within 1.0m (3.3ft) of both sides of the fence Fence height shall not exceed 1.8m (5.9ft) in side and rear yard setback areas, except for the M2 zone where a fence height shall not exceed 2.4m (7.9ft), or 1.2m (3.9ft) in front yard setback areas On a corner site at a street intersection, no fence shall have a greater height than 1.0m (3.3ft) above the established elevation of the center point of intersecting streets, at or within a distance of 4.5m (14.8ft) from the corner of the site at the intersection of the streets, unless the fence is constructed so that at least 80.0% of the total area of the fence is open, and in no case shall the height exceed 1.8m (5.9ft) Notwithstanding sections 5.25 and 5.26, wire livestock fences which are 1.8m (5.9ft) or less in height are permitted in any Agricultural zone The maximum permitted height for a fence located directly on top of a retaining wall is 1.3m (4.3ft). Home Occupations Minor 5.30 A minor home occupation shall be subject to the following: (.1) A minor home occupation shall be entirely enclosed within a multi family dwelling unit or manufactured home and shall not occupy more than 20.0% of the floor area of the dwelling unit. (.2) No minor home occupation shall discharge or emit odours, noxious or toxic matter or vapours, heat, glare, noise, radiation or recurrent vibrations or would result in traffic congestion, electrical interference, fire hazard or health hazard. (.3) The proprietor of a minor home occupation must reside in the dwelling within or from which the home occupation is operated. (.4) No persons other than those who reside in the dwelling within or from which the home occupation is operated shall be engaged in the minor home occupation. (.5) No variation of the residential character or appearance of land or buildings shall be permitted in association with a minor home occupation. (.6) A minor home occupation shall not generate more than one client or customer visit to the site within or from which it is being operated on any calendar day. Town of Oliver Zoning Bylaw Page 28

29 (.7) The following uses are not minor home occupations and are expressly prohibited: (.1) Salvage, storage, repair, maintenance or sales of motor vehicles, trailers, boats or related engines, equipment or parts. (.2) Tow truck operations, manufacturing and industrial uses, social escort services, cabinet making, welding or machine shops, meat cutting, commercial animal breeding or parking or storage of industrial, commercial, or construction equipment or materials. (.3) Sale or storage of any commodity not produced on the premises, except that internet, telephone or mail order sales of such commodities shall be permitted provided that customers do not visit the premises to inspect or to take possession of ordered goods. Home Occupations Major 5.31 A major home occupation shall be subject to the regulations of minor home occupations, except the following shall also apply: (.1) Major home occupations shall be entirely enclosed within a single detached dwelling, secondary suite or carriage home, and shall not occupy more than 50.0m 2 (538.2ft 2 ) or 20.0% of the floor area of the dwelling unit, whichever is less. (.2) A major home occupation may employ one person who is not a resident of the dwelling unit within or from which the home occupation is operated. (.3) Off street parking spaces shall be provided for all employees, clients and customers of a major home occupation. (.4) A major home occupation shall not generate more than five client or customer visits to the premises within or from which it is being operated, at any time. (.5) A major home occupation sign is permitted according to the provisions of the Town of Oliver Sign Regulation Bylaw. (.6) The following uses are not minor home occupations and are expressly prohibited: (.1) Salvage, storage, repair, maintenance or sales of motor vehicles, trailers, boats or related engines, equipment or parts. Town of Oliver Zoning Bylaw Page 29

30 (.2) Tow truck operations, manufacturing and industrial uses, social escort services, cabinet making, welding or machine shops, meat cutting, commercial animal breeding or parking or storage of industrial, commercial, or construction equipment or materials. (.3) Sale or storage of any commodity not produced on the premises, except that internet, telephone or mail order sales of such commodities shall be permitted provided that customers do not visit the premises to inspect or to take possession of ordered goods. Home Occupations Rural 5.32 A rural home occupation shall be subject to the regulations of major home occupations, except the following shall also apply: (.1) The maximum areas permitted for rural home occupations are as follows: (.1) In Agricultural zones where the parcel area is over 0.5ha (1.2 acres), rural home occupations shall not occupy more than 1.0% of the parcel area or 100.0m 2 (1076.4ft 2 ), whichever is less. (.2) In Agricultural zones where the parcel area is 0.5ha (1.2 acres) or less, in all single family residential zones and in all other zones where permitted, rural home occupations shall not occupy more than 50.0m 2 (538.2ft 2 ) or 20.0% of the floor area of the dwelling unit to which they are accessory, whichever is less. (.2) A rural home occupation may employ up to two persons who are not residents of the dwelling unit within or from which the home occupation is operated. (.3) If there is more than one detached dwelling on a parcel, there may be a rural home occupation in each dwelling unit provided that the total number of clients and employees and the total floor area does not exceed the limits established for a single home occupation. (.4) Rural home occupations located in the Agricultural Land Reserve are also subject to the B.C. Agricultural Land Commission Act. Town of Oliver Zoning Bylaw Page 30

31 Bed and Breakfast 5.33 All bed and breakfast operations shall be subject to the following regulations: (.1) A bed and breakfast shall only be operated as an accessory use within a single detached dwelling or carriage home. (.2) Bed and breakfast operations may contain a maximum of four sleeping units, and accommodation for a maximum of two guests per sleeping unit, for a total of eight guests at any time. (.3) A bed and breakfast operation shall not alter the residential character and appearance of the single detached dwelling involved. (.4) The licensed operator of a bed and breakfast operation shall reside in the dwelling in which the operation is located. (.5) A bed and breakfast is not permitted on a parcel with a carriage home or secondary suite. Garage Sales 5.34 On any parcel, regardless of zoning, garage sales are not permitted on more than four days in any calendar year. Residential Density 5.35 Density of development in Residential zones shall be determined as follows: (.1) In zones where this bylaw permits a maximum number of residential units per hectare, the density shall be determined solely by multiplying this value by the area of the parcel to be developed. The value of this product shall be rounded up or down to the nearest whole number of units such that a fraction of less than 0.50 shall be rounded down and a fraction of 0.50 or more shall be rounded up. Density Allocation for Public Park 5.36 The area of a portion of a parcel that is proposed to be dedicated to the Town as public park or transferred to the Town for park purposes in connection with the development of land may be included in the area of the parcel for the purpose of calculating the floor area permitted on the parcel, or the number of parcels that may be created by subdivision of the parcel. Town of Oliver Zoning Bylaw Page 31

32 Retail Sales from Wineries Located on Lands Zoned Agricultural 5.37 Where permitted in any Agricultural zone, farm products, processed farm products and offfarm products may be sold to the public by retail sale subject to the following: (.1) Wine offered for sale must be made from product, of which at least 50.0% is grown on the farm on which the winery is located. (.2) The portion of the Agricultural land used for retail sales of off farm products shall not exceed half of the total area used for all retail sales. For the purpose of calculating the portion of Agricultural land to be used for retail sales, the area of any building or structure used for that purpose, including aisles and other areas of circulation, shelf and display space, counter space for packaging and taking payment and any area used for the service and consumption of hot and cold food items, shall be included, but any office area, wholesale storage area, processing facility or parking area or driveway, whether used for retail sales or not, shall not be included. (.3) Where off farm products are offered for sale, farm products shall also be offered for sale. (.4) The retail sales area in an Agricultural zone shall not exceed 300.0m 2 (2152.8ft 2 ) per farm business. Metal Storage Containers 5.38 Unless otherwise stated in this bylaw, the use of metal storage containers is permitted only in the CS1, CS2, P1, P2, M1 and M2 zones Metal storage containers shall be sited in accordance with individual zone regulations for the siting of buildings and structures Metal storage containers may only be stacked in the M1 and M2 zones, to a maximum of two containers high and subject to the prior issuance of a building permit Metal storage containers shall only be used to store materials or products that are accessory to the operation of a business or facility located on the parcel on which the containers are located Unless sited at the Oliver Airport, metal storage containers shall not be placed, used or sited within 70.0m (229.7ft) of Highway 97, unless they are screened or located to ensure they are not visible from Highway 97. Town of Oliver Zoning Bylaw Page 32

33 5.43 The maximum number of metal storage containers located on a lot shall not exceed one (1) for the first 0.4 ha (0.988 acres) of lot area and one (1) for each additional 0.4ha acres) of lot area to a maximum of 10 containers. Temporary Structures 5.44 The installation of temporary fabric structures shall be permitted only in accordance with the following regulations: (.1) Temporary fabric structures must meet requirements for setbacks for accessory buildings for side and rear yards, but shall not be permitted within the front yard setback required for principal buildings on any parcel zoned to accommodate an accessory building. (.2) Temporary fabric structures shall not exceed height restrictions for accessory buildings in individual zones. (.3) A maximum of one temporary fabric structure is permitted per parcel. Urban / Rural Buffer 5.45 The minimum setback for a principal building from land in the ALR is 15.0m (49.2ft) In a rural Residential zone, the required setback of the principal building from the Agricultural Land Reserve is 9.0m (29.5ft) if a level 1 buffer is provided and maintained on the Residential parcel. Level 1 Buffer Requirements 5.47 When required, a level 1 buffer shall be provided and maintained in a single family Residential zone in the following location: (.1) Along the parcel line adjacent to the ALR boundary. (.2) Along a parcel line located across a lane from the ALR boundary When required, a level 1 buffer shall be provided and maintained in a Residential zone other than a single family Residential zone in the following location: (.1) Along the parcel line adjacent to the ALR boundary, where the parcel line is located within 16.0m (52.5ft) of any part of the principal building, as shown in Figure 5.3. Town of Oliver Zoning Bylaw Page 33

34 (.2) Along the parcel line located across a lane from the ALR boundary, where the parcel line is located within 16.0m (52.5 ft) of any part of the principal building. Figure 5.3 Level 1 buffer requirements for ALR boundary 5.49 A level 1 buffer shall be at least 3.0m (9.8ft) wide and consist of: (.1) A solid screen at least 2.0m (6.6ft) high located along the parcel line located across from a lane adjacent to land in the ALR. (.2) A continuous screening evergreen hedge with plants at less than 1.0m (3.3ft) on center. (.3) Trees at least 2.0m (6.6ft) high, with a trunk diameter of at least 5.0cm (2.0in) measured 15.0cm (6.0in) above the ground, planted at less than 5.0m (16.4ft) on center, as illustrated in Figure 5.4. Figure 5.4 Level 1 Buffer requirements Town of Oliver Zoning Bylaw Page 34

35 Level 2 Buffer Requirements 5.50 A level 2 buffer shall be provided and maintained when buildings or structures are constructed on a parcel in a Multi family Residential or Institutional zone, located adjacent to the ALR boundary or across a lane from the ALR boundary A level 2 buffer in a Multi family Residential or Institutional zone shall be provided and maintained in the following location: (.1) Along the parcel line adjacent to the ALR boundary. (.2) Along a parcel line located across a lane from the ALR boundary A level 2 buffer shall be at least 6.0m (19.7ft) wide and consist of: (.1) A solid screen at least 2.0m (6.6ft) high located along the parcel line located across from a lane adjacent to land in the ALR. (.2) A continuous drought tolerant and non invasive screening hedge with plants at less than 1.0m (3.3 ft) on center, located adjacent to the solid screen. (.3) Trees at least 2.0m (6.6ft) high, with a trunk diameter of at least 5.0cm (2.0in) measured 15.0cm (6.0in) above the ground, planted at less than 5.0m (16.4ft) on center. (.4) Additional shrubs planted on the remainder of the buffer as illustrated in Figure 5.5. Figure 5.5 Level 2 Buffer Requirements Town of Oliver Zoning Bylaw Page 35

36 5.53 In all multi family Residential and Institutional zones, the required minimum setback of the principal building from the ALR is 15.0m (49.2ft). As illustrated in figure 5.6, the setback is increased to: (.1) 18.0m (59.1ft) for the third storey or portion of the building above 6.0m (19.7ft) in height). (.2) 21.0m (68.9ft) for the fourth storey or portion of the building above 9.0m (29.5ft) in height. Figure 5.6 Multi family Urban/Rural Setback Requirements Caretaker or watchman s residence 5.54 Caretaker or watchman s residence shall be fully separated from the industrial use by walls, partitions and/or floors Caretaker or watchman s residence shall have an entrance from the exterior of the building which is separate from the entrance to the industrial use Caretaker or watchman s residence shall not exceed 25% of the total gross floor area of buildings on the parcel Caretaker or watchman s residence shall not exceed 125 square metres in floor area. Town of Oliver Zoning Bylaw Page 36

37 PART 6 PARKING AND LOADING Location of Parking Spaces All Modes 6.1 With the exception of the C3 zones, required parking and loading spaces shall be located on the same parcel as the building they serve. 6.2 In a C3 zone, required parking spaces shall be located either: (.1) On the same parcel as the building they serve, or (2.) On another parcel within 150.0m (492.1ft) from the building site, provided that such parking is a permitted use of the parking parcel, a restrictive covenant is registered against the title of the parking parcel to ensure that the parking area is used only for parking spaces for the building requiring the parking, and an easement is registered against the title of the parking parcel in favour of the owner of the parcel on which the building requiring the parking is located. Shared Parking All Modes 6.3 The use of shared parking spaces may occur where two or more uses on the same or separate parcels are able to share parking spaces because their parking demands occur at different times of day. Shared use of required non residential parking spaces shall be permitted if the following documentation is submitted in writing to the Town as part of a business license or building permit, or development permit application, and an easement is registered against the title of the land on which the parking spaces are located, in favour of the owners of the parcel on which the buildings requiring the parking is located: (.1) The names and addresses of the uses and of the owners or tenants that are sharing the parking. (.2) The location, number and type of parking spaces that are being shared. (.3) An analysis prepared by a qualified professional engineer showing that the peak parking times of the uses occur at different times of day and that the parking area or spaces will be sufficient for the anticipated demands of both uses. Pay in Lieu Automobile Parking 6.4 Where a property is developed within 200.0m (656.2ft) of a public off street automobile parking area owned and operated by the Town, a partial or total reduction of on site parking requirements is permitted if the owner pays $8,000 per parking space not provided into the Town's collective parking fund. Town of Oliver Zoning Bylaw Page 37

38 Automobile Parking Standards 6.5 Off street automobile parking spaces must meet the minimum dimensions contained in Table 6.1. The parking dimension factors included in Table 6.1 are illustrated in Figure 6.1. Table 6.1 Minimum Parking Space and Aisle Dimensions Angle (A) Width (B) Curb Length (C) 1 Way Aisle Width (D) 2 Way Aisle Width (D) Stall Depth (E) 0 2.4m (8.0ft) 6.6m (22.5ft) 3.7m (12.0ft) 6.1m (20.0ft) 2.5m (8.0ft) m (8.5ft) 5.2m (17.0ft) 3.7m (12.0ft) 6.1m (20.0ft) 5.1m (15.0ft) m (8.5ft) 3.7m (12.0ft) 3.7m (12.0ft) 6.1m (20.0ft) 5.8m (17.0ft) m (8.5ft) 3.0m (9.75ft) 5.0m (16.0ft) 6.1m (20.0ft) 6.1m (17.5ft) m (8.5ft) 2.60m (8.5ft) 6.6m (20.0ft) 6.6m (20.0ft) 5.5m (16.0ft) Figure 6.1 Parking Dimension Factors 6.6 Exceptions to the off street automobile parking standards defined in Section 6.5 are as follows: (.1) Up to 20.0% of required parking spaces may be 2.4m (7.9ft) wide and 5.0m (16.4ft) long, provided these spaces are grouped and identified for small vehicles use only. Town of Oliver Zoning Bylaw Page 38

39 (.2) Where the arrangement of parking stalls may require parallel parking, the spaces shall be not less than 6.5m (21.3ft) long. (.3) Where one or both sides of a parking space abut a wall or other barrier more than 0.15m (0.5ft) high, an additional 0.3m (1.0ft) width shall be provided to each abutting parking space on the side(s) adjacent to such a barrier to allow easier opening of car doors. (.4) Where angle parking stalls are designed pointing parked cars into a landscaped area, up to 0.4m (1.3ft) of vehicle overhang into the landscaped area may be incorporated into the layout design provided the curb protecting the landscaped area is not more than 0.15m (0.5ft) high, and parking space lengths may be reduced accordingly; and 6.7 Off street automobile parking and loading spaces shall be surfaced so that all precipitation events are infiltrated into the underlying soil. Surfacing may include porous pavement, pervious unit paver systems, or unit grass pave systems. Impervious asphaltic concrete or cement pavement may be used only if combined with infiltration infrastructure that sufficiently offsets impervious areas so as to result in no net runoff from the site. The thickness and design of the infrastructure must be determined by a professional engineer or professional landscape architect. 6.8 All off street automobile parking areas containing three or more spaces in all zones except AG, RS1, RS2, RD, M1 and M2, shall provide a 1.0m (3.3ft) wide landscaping strip containing grass, shrubs or trees around those portions of the perimeter of the parking area adjacent to streets other than lanes excluding the access and exit points. 6.9 Except for parking areas having 3 spaces or less located in a Residential zone, all parking spaces must be provided with adequate curbs to retain vehicles within such permitted parking areas, and to ensure that required fences, walls, hedges or landscaped areas, as well as any buildings and sidewalks will be protected from encroachment by parked vehicles. Automobile Parking for Persons With Disabilities 6.10 Automobile parking spaces for persons with disabilities shall be: (.1) Designated as parking space for persons with disabilities using appropriate signage. (.2) Included in the calculation of the applicable minimum parking requirement. (.3) A minimum of 3.7m (12.1ft) in width and have a depth of no less than 6.0m (19.7ft) perpendicular to the aisle. Town of Oliver Zoning Bylaw Page 39

40 Bicycle Parking Standards Short Term 6.11 Each required short term bicycle parking stall shall be: (.1) At least 0.6m (2.0ft) wide by 1.8m (6.0ft) long with a vertical clearance of at least 1.9m (6.2ft). (.2) Located outside a building in a convenient, well lit location that is visible from the abutting street Where a bicycle rack is provided for short term bicycle parking, the rack shall be: (.1) Capable of enabling a bicycle frame and front or rear wheel to be locked to the rack with a high security, U shaped shackle lock if both wheels are left on the bicycle. (.2) Constructed of theft resistant material and be securely anchored to the floor, ground, or exterior of a building Where a bicycle locker is provided for short term bicycle parking, the locker shall be securely anchored. Bicycle Parking Standards Long Term 6.14 Each required long term bicycle parking stall shall be: (.1) At least 0.6m (2.0ft) wide by 1.8m (6.0ft) long with a vertical clearance of at least 1.9m (6.2ft). (.2) Covered within a building, under roof overhangs or awnings, in bicycle lockers or within or under other structures. (.3) Located in at least one of the following: a locked room; in an area that is enclosed by a floor to ceiling fence with a locked gate; within view of an attendant or security guard; in an area monitored by a security camera; or in an area that is visible from employee work areas Where a bicycle rack is provided for long term bicycle parking, the rack shall be: (.1) Anchored to the floor, wall or ceiling of the covered space within which it is located. (.2) Capable of enabling a bicycle frame and front or rear wheel to be locked to the rack with a high security, U shaped shackle lock if both wheels are left on the bicycle. Town of Oliver Zoning Bylaw Page 40

41 6.16 Where a bicycle locker is provided for long term bicycle parking, the locker shall be securely anchored. Motorcycle Parking Standards 6.17 Required motorcycle parking stalls shall be a minimum of 1.22m (4.0ft) in width and have a depth of no less than 2.44m (8.0ft) perpendicular to the aisle Motorcycle parking spaces shall be surfaced so that all precipitation events are infiltrated into the underlying soil. Surfacing may include porous pavement, pervious unit paver systems, or unit grass pave systems. Impervious asphaltic concrete or cement pavement may be used only if combined with infiltration infrastructure that sufficiently offsets impervious areas so as to result in no net runoff from the site. The thickness and design of the infrastructure shall be determined by a professional engineer or professional landscape architect. Number of Parking and Loading Spaces All Modes 6.19 The number of off street parking and loading spaces, and the number of bicycle and motorcycle parking spaces required for any class of building or use are calculated according to Tables 6.2 and 6.3 of Part 6 of this bylaw. In Table 6.2, Column I classifies the types of buildings and uses and Columns II and III set out the number of required off street automobile parking and loading spaces that are to be provided for each class of building in Column I. In Table 6.3, Column I classifies the types of buildings and uses and Columns II, III and IV sets out the number of required bicycle parking and motorcycle parking spaces. The number of spaces required shall be rounded to the nearest whole number For building and use classes not referred to in Column I of Tables 6.2 and 6.3, the number of off street automobile parking and loading spaces, and the number of bicycle and motorcycle parking spaces, shall be calculated on the basis of the requirements for the most similar class of building or use that is listed in Column I Where calculation of the total number of parking spaces yields a fractional number, the required number of spaces shall be the next highest whole number Off street automobile parking areas for multifamily residential buildings shall provide a minimum of 20.0% of required parking spaces at grade for visitor use. C3 Zone Parking Exemptions 6.23 Notwithstanding Section 6.19 of this bylaw, the minimum number of required off street automobile parking spaces for commercial uses in the C3 zone shall be waived for the first storey of a development and half of those listed under Column II of Table 6.2 for the second storey and above. Town of Oliver Zoning Bylaw Page 41

42 Table 6.2 Automobile Parking and Loading Column I Column II Column III Class of Building Residential Minimum Required Parking Spaces Minimum Required Loading Spaces Building containing 2 or less dwellings 2 per dwelling 0 spaces Dwellings in buildings also used for commercial use Apartments, and Townhouses Bed and Breakfast 2 per dwelling for units of 4 bedrooms or more, 1.75 per dwelling for 2 bedroom units, and 1.5 per dwelling for bedroom units and 1 per dwelling for studio suites; plus, 1 per 30.0m 2 (322.9 ft 2 ) gross floor area for the commercial use(s) 2 per dwelling for units of 4 bedrooms or more per dwelling for units of 2 to 3 bedrooms, 1.5 per dwelling for 1 bedroom units, and 1.0 per dwelling for studio units 1 per 4 guest suites plus 2 for the innkeeper suite 1 passenger loading space and 1 loading space per 20 dwellings for the residential use; plus 1 per m 2 (16,146ft 2 ) gross floor area for the commercial use(s) 1 passenger loading space and 1 loading space per 20 dwellings 0 spaces Resort Residential Housing 1 per resort residential dwelling unit 0 spaces Commercial Motel 1 per motel unit 0 spaces Hotel 1 per 3 hotel rooms plus 1 per 4 seats for dining and lounge facilities 1 per 1500m 2 (16,146ft 2 ) gross floor area Golf Driving Range 1 per tee 0 spaces Golf Course 2.5 per hole 0 spaces Home Occupation Major 1 per 25m 2 gross floor area 0 spaces Restaurants, Lounges, Pubs Commercial Retail, Office and Personal Service 1 per 4 seats 1 per 30.0m 2 (322.9ft 2 ) gross floor area 1 per m 2 (16,146ft 2 ) gross floor area 1 per m 2 (16,146ft 2 ) gross floor area Town of Oliver Zoning Bylaw Page 42

43 Table 6.2 Automobile Parking and Loading Column I Column II Column III Class of Building Buildings Minimum Required Parking Spaces Minimum Required Loading Spaces Shopping Centre Industrial 1 per 17.5m 2 (161.5ft 2 ) gross leasable area 1 per m 2 (20,451ft 2 ) gross floor area Service Stations, Garages, Auto Body Shops, Paint Shops Warehouse, Storage, Manufacturing, or Wholesale Buildings Institutional 3 per service bay or 1 per 50.0m 2 (538.2ft 2 ) gross floor area, whichever is larger 1 per 100.0m 2 (1076.4ft 2 ) gross floor area 1 per m 2 (20,451ft 2 ) gross floor area 1 per m 2 (20,451ft 2 ) gross floor area Hospital 1 per 4 beds 1 passenger loading space and 1 loading space per 40 beds Congregate Care Housing 1 per 3 beds 1 passenger loading space per 10 beds Extended Care Residence 1 per 4 beds 1 passenger loading space per 10 beds Building for public institution use Kindergarten, Elementary and Junior Secondary School Senior Secondary School Assembly uses, Funeral Homes, Theatres and Lodges Buildings for recreation use 1 per 30.0m 2 (322.9ft 2 ) gross floor area 2 per classroom 3 per classroom 1 per 5 seats or per 20.0m 2 (215.3ft 2 ) gross floor area, whichever is larger 1 per 30.0m 2 (322.9ft 2 ) gross floor area 1 per m 2 (32,292ft 2 ) gross floor area 3 passenger loading spaces per 100 students, plus 1 loading space per m 2 (32,292ft 2 ) gross floor area 1.5 passenger loading space per 100 students, plus 1 loading space per m 2 (32,292ft 2 ) gross floor area 1 per m 2 (32,292ft 2 ) gross floor area 1 per m 2 (32,292ft 2 ) gross floor area Town of Oliver Zoning Bylaw Page 43

44 Table 6.3 Bicycle and Motorcycle Parking Column I Column II Column III Column IV Class of Building Minimum Required Short Term Bicycle Parking Spaces Minimum Required Long Term Bicycle Parking Spaces Minimum Required Motorcycle Parking Spaces Residential Building containing 2 or less dwellings Dwellings in buildings also used for commercial use Apartments and Townhouses 0 spaces 0 spaces 0 spaces 0.1 per dwelling unit for the residential use and 0.2 per 100.0m 2 (1076.4ft 2 ) gross floor area for the commercial uses(s) 0.5 per dwelling unit for the residential use and 0.2 per 100.0m 2 (1076.4ft 2 ) gross floor area or 1 per 10 employees for the commercial use(s) 0.3 per dwelling unit for the residential use and 0.2 per 150.0m 2 (1614.6ft 2 ) gross floor area or 1 per 15 employees for the commercial uses(s) 0.1 per dwelling unit 0.5 per dwelling unit 0.3 per dwelling unit Bed and Breakfast 0 spaces 0 spaces 0 spaces Resort Residential Housing 1 per 20 rentable units 1 per 20 rentable units 1 per 20 rentable units Commercial Motel Hotel Golf Driving Range Golf Course Restaurants, Lounges, Pubs Commercial Retail, Office and Personal Service Buildings Shopping Centre 1 per 20 sleeping units 0 spaces 0 spaces 1 per 20 sleeping units 0 spaces 0 spaces 1 per 20 auto spaces 0 spaces 0 spaces 0 spaces 0 spaces 0 spaces 0 spaces 0 spaces 0 spaces 0.2 per 100.0m 2 (1076.4ft 2 ) gross floor area 0.6 per 100.0m 2 (1076.4ft 2 ) gross floor area 0 spaces 0 spaces 0.2 per 150.0m 2 (1614.6ft 2 ) gross floor area or 1 per 15 employees 0.2 per 150.0m 2 (1614.6ft 2 ) gross floor area or 1 per 15 employees Industrial Service Stations, Garages, Auto Body Shops, Paint Shops 0 spaces 0 spaces 0 spaces 0 spaces 0 spaces 0 spaces Town of Oliver Zoning Bylaw Page 44

45 Table 6.3 Bicycle and Motorcycle Parking Column I Column II Column III Column IV Class of Building Minimum Required Short Term Bicycle Parking Spaces Minimum Required Long Term Bicycle Parking Spaces Minimum Required Motorcycle Parking Spaces Warehouse, Storage, Manufacturing, or Wholesale Buildings Institutional Hospital Congregate Care Housing 4 per building public entrance 4 per building public entrance 0 spaces 1 per 25 employees 0 spaces 0 spaces Extended Care Residence 4 per building public entrance 0 spaces 0 spaces Building for public institution use 4 per building public entrance 0 spaces 1 per 25 employees Kindergarten, Elementary and Junior Secondary School Senior Secondary School 0.1 per classroom 0 spaces 0 spaces 0.1 per classroom 0 spaces 0 spaces Assembly uses, Funeral Homes, Theatres and Lodges Buildings for recreation use 4 per building public entrance 4 per building public entrance 0 spaces 1 per 25 employees 0 spaces 1 per 10 employees Town of Oliver Zoning Bylaw Page 45

46 7.0 AG ZONE Agricultural and Openland Town of Oliver AG Intent: The intent is to provide a zone for agriculture and open space, single detached housing and compatible accessory uses on large rural lots. Uses Permitted.1 The following uses and no others are permitted in the AG Zone:.1 intensive agriculture provided that the building or structure in which animals are kept is located a minimum distance of 150.0m (492.1ft) from any Residential, Commercial or Institutional Zone;.2 agriculture;.3 single detached dwelling;.4 silviculture;.5 park, recreation reserve;.6 dyke and auxiliary pumphouse and ancillary works;.7 home occupation, rural;.8 mobile home;.9 accessory use;.10 secondary suite within a single family dwelling; and.11 winery including retail sales, as a site specific use only on Lot 3, D.L. 2450s, S.D.Y.D., Plan 3339, Except Plan (subject to specific use regulation 5.36). Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 0.8ha (2.0 acres) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 60.0m (196.9ft).2 Minimum Parcel Depth: 60.0m (196.9ft) Parcel Coverage.4 The maximum parcel coverage is:.1 One single family dwelling on any parcel up to 0.5ha (1.2 acres) in area; Town of Oliver Zoning Bylaw Page 46

47 .2 One single family dwelling or mobile home on any parcel between 0.5ha (1.2 acres) and 2.0ha (4.9 acres) in area;.3 One single family dwelling and one mobile home, or two mobile homes on any parcel which exceeds 2.0ha (4.9 acres) in area; and.4 On any parcel in the Agricultural Land Reserve, one manufactured home for a member of the owner s immediate family under B.C. Reg. 171/2002 or as necessary for farm use under the Agricultural Land Commission Act. Setback Requirements.5 For the principal building and accessory buildings, the minimum setback from parcel lines are:.1 Front yard 7.5m (24.6ft).2 Rear yard 7.5m (24.6ft).3 Side yard 4.0m (13.1ft) Setback Exceptions.6 Where a side parcel line is adjacent to a street, the required setback from the side parcel line shall be 4.5m (14.8ft)..7 Buildings and structures containing livestock shall be set back not less than 7.5m (24.6ft) from any property line and 12.0m (39.4ft) from any dwelling unit. Height.8 The maximum building height is:.1 Principal building: 10.0m (32.8ft).2 Accessory buildings: 15.0m (49.2ft) Other Regulations.9 The minimum parcel size regulations of the AG zone do not apply to the subdivision of a parcel in the Agricultural Land Reserve that has been approved by the Agricultural Land Commission..10 On any lot of less than 0.8ha (2.0 acres), on which agricultural uses are permitted:.1 The total number of horses, sheep, or other similar large animals shall not exceed one for each 0.2ha (0.5 acres) or fraction thereof of lot or site area in excess of 0.2ha (0.5 acres);.2 The total number of fowl, rabbits, or other small fur bearing animals, or the number of colonies of bees, shall not exceed 25 Town of Oliver Zoning Bylaw Page 47

48 plus one for each 50.0m 2 (538.2ft 2 ) or fraction thereof of lot or site area in excess of 0.2ha (0.5 acres); and.3 Notwithstanding subsection (.2), in the case of chinchillas, the maximum number allowed on a lot or site less than 0.2ha (0.5 acres) is 500. Town of Oliver Zoning Bylaw Page 48

49 8.0 RS1 ZONE Single Family Residential Town of Oliver RS1 Intent: The intent is to provide a zone for single detached housing, and compatible accessory uses, on medium sized serviced urban lots. Uses Permitted.1 The following uses and no others are permitted in the RS1 Zone:.1 single detached dwelling;.2 home occupation, major;.3 bed and breakfast;.4 accessory use;.5 secondary suite; and.6 carriage home. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 555.0m 2 (5973.9ft 2 ) Parcel Area Exception.3 Where a lot is not connected to the municipal sewer system, the minimum parcel area is: 1.0 ha (2.5 acres). Parcel Width and Depth.4 The minimum parcel width and depth is:.1 Minimum Parcel Width: 15.0m (49.2ft).2 Minimum Parcel Depth: 27.0m (88.6ft) Parcel Coverage.5 The maximum parcel coverage is:.1 one single family dwelling per parcel. Town of Oliver Zoning Bylaw Page 49

50 Setback Requirements.6 For the principal building, the minimum setback from parcel lines are:.1 Front yard 4.5m (14.8ft).2 Rear yard 6.0m (19.7ft).3 Side yard 1.5m (4.9ft).7 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 4.5m (19.7ft).2 Rear yard 1.5m (4.9ft).3 Side yard 1.5m (4.9ft) Setback Exceptions.8 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 3.5m (11.5ft)..9 Where the lot width exceeds the lot depth, the minimum rear yard setback shall be 4.5m (14.8ft)..10 A garage or portion of a building used as a garage shall be located so that the garage door is set back a minimum of 6.0m (19.7 ft), measured perpendicular from the garage door to an adjacent parcel line or to any physical obstruction..11 Where an accessory building is used as a carriage house or secondary suite, the minimum rear yard setback shall be 3.0m (9.8ft). Height.12 The maximum building height is:.1 Principal building: 10.0m (32.8ft).2 Accessory buildings: 5.0m (16.4ft) Town of Oliver Zoning Bylaw Page 50

51 Town of Oliver RS1 Town of Oliver Zoning Bylaw Page 51

52 9.0 RS2 ZONE Single Family Residential Town of Oliver RS2 Intent: The intent is to provide a zone for single detached housing, and compatible accessory uses, on smaller serviced urban lot. Uses Permitted.1 The following uses and no others are permitted in the RS2 Zone:.1 single detached dwelling;.2 home occupation, major;.3 bed and breakfasts;.4 accessory use;.5 secondary suite; and.6 carriage home. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 465.0m 2 (5005.2ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 15.0m (49.2ft).2 Minimum Parcel Depth: 27.0m (88.6ft) Parcel Coverage.4 The maximum parcel coverage is:.1 one single family dwelling per parcel. Setback Requirements.5 For the principal building, the minimum setback from parcel lines are:.1 Front yard 4.5m (14.8ft).2 Rear yard 6.0m (19.7ft).3 Side yard 1.5m (4.9ft) Town of Oliver Zoning Bylaw Page 52

53 .6 For accessory buildings, the minimum setback from parcel lines are: Setback Exceptions.1 Front yard 6.0m (19.7ft).2 Rear yard 1.5m (4.9ft).3 Side yard 1.5m (4.9ft).7 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 3.5m (11.5ft)..8 Where the lot width exceeds the lot depth, the minimum rear yard setback shall be 4.5m (14.8ft)..9 A garage or portion of a building used as a garage shall be located so that the garage door is set back a minimum of 6.0m (19.7 ft), measured perpendicular from the garage door to an adjacent parcel line or to any physical obstruction..10 Where an accessory building is used as a carriage house or secondary suite, the minimum rear yard setback shall be 3.0m (9.8ft). Height.11 The maximum building height is:.1 Principal building: 10.0m (32.8ft).2 Accessory buildings: 5.0m (16.4ft) Town of Oliver Zoning Bylaw Page 53

54 Town of Oliver RS2 Town of Oliver Zoning Bylaw Page 54

55 10.0 RS3 ZONE Single Family Residential Town of Oliver RS3 Intent: The purpose is to provide a zone for single family dwellings in a strata plan on serviced urban lots. Uses Permitted.1 The following uses and no others are permitted in the RS3 Zone:.1 single family dwellings in a strata plan;.2 home occupation, major;.3 accessory use;.4 secondary suite; and.5 carriage home. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: m 2 (11,302.2ft 2 ).3 The minimum bare land strata lot area is:.1 Minimum Lot Area: 350.0m 2 (3767.4ft 2 ) Parcel Width and Depth.4 The minimum parcel width and depth is:.1 Minimum Parcel Width: 25.0m (82.0ft ).2 Minimum Parcel Depth: 27.0m (88.6ft).5 The minimum bare land strata lot width and depth is:.1 Minimum Lot Width: 10.0m (32.8ft).2 Minimum Lot Depth: 15.0m (49.2ft) Parcel Coverage.6 The maximum parcel coverage is:.1 25 dwellings per hectare (10 dwellings per acre) Town of Oliver Zoning Bylaw Page 55

56 Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front yard 4.5m (14.8ft).2 Rear yard 6.0m (19.7ft).3 Side yard 3.5m (7.9ft) Setback Exceptions.8 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 3.0m (9.8ft).3 Side yard 1.5m (4.9ft).9 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 2.4m (11.5ft)..10 Where the lot width exceeds the lot depth, the minimum rear yard setback shall be 4.5m (14.8ft)..11 Where the minimum setback for principal and accessory buildings from all internal bare land strata lot lines is 1.2m (3.9ft), except in relation to common property access routes from which the minimum setback is 5.0m (16.4ft). Height.12 The maximum building height is the lesser of:.1 Principal building: 10.0m (32.8ft) or two storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.13 All parcels shall provide amenity area(s) of not less than 60.0m 2 (645.8ft 2 ) per dwelling unit..14 Notwithstanding sections 3, 4 and 8, bare land strata parcels may be reduced in size to correspond to the area occupied by a residential building on the strata lot, but not so as to:.1 increase the size of a building envelope that could otherwise be created in this zone;.2 reduce the setback between residential buildings that would otherwise be required in this zone; or.3 reduce the residential building setback from common property access routes that would otherwise be required in this zone. Town of Oliver Zoning Bylaw Page 56

57 Town of Oliver RS3 Town of Oliver Zoning Bylaw Page 57

58 11.0 RSM ZONE Manufactured Home Park Intent: The intent is to provide a zone for manufactured homes, and compatible accessory uses, within a manufactured home park. Uses Permitted.1 The following uses and no others are permitted in the RSM Zone:.1 manufactured homes;.2 accessory use;.3 commercial convenience establishment;.4 single family dwelling for the manager or caretaker of the manufactured home park; and.5 home occupation, minor. Town of Oliver RSM Parcel Area.2 The minimum parcel area for a manufactured home park is:.1 Minimum Parcel Area: 2.0ha (4.9 acres) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 30.0m (98.4ft).2 Minimum Parcel Depth: 30.0m (98.4ft) Parcel Coverage.4 The maximum parcel coverage is:.1 25 manufactured homes per hectare (10 homes per acre) and one single family dwelling on each parcel. Height.5 The maximum building height is:.1 Principal building: 10.0m (32.8ft).2 Accessory buildings: 5.0m (16.4ft) Town of Oliver Zoning Bylaw Page 58

59 12.0 RD ZONE Two Family Residential Town of Oliver RD Intent: The intent is to provide a zone for duplexes, with a maximum of two dwelling units per lot or site, that abut each other, and that are located on serviced urban lots. Uses Permitted.1 The following uses and no others are permitted in the RD Zone:.1 single detached dwelling;.2 duplex;.3 home occupation, minor;.4 accessory use;.5 secondary suite; and.6 carriage home. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 550.0m 2 (5920.1ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 18.0m (59.1ft).2 Minimum Parcel Depth: 27.0m (88.6ft) Parcel Coverage.4 The maximum parcel coverage is:.1 one single family dwelling or one duplex per parcel. Setback Requirements.5 For the principal building, the minimum setback from parcel lines are:.1 Front yard 4.5m (14.8ft).2 Rear yard 6.0m (19.7ft).3 Side yard 1.5m (4.9ft) Town of Oliver Zoning Bylaw Page 59

60 .6 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 1.5m (4.9ft).3 Side yard 1.5m (4.9ft) Setback Exceptions.7 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 3.5m (11.5ft)..8 Where the lot width exceeds the lot depth, the minimum rear yard setback shall be 4.5m (14.8ft)..9 A garage or portion of a building used as a garage shall be located so that the garage door is set back a minimum of 6.0m (19.7 ft), measured perpendicular from the garage door to an adjacent parcel line or to any physical obstruction..10 Where an accessory building is used as a carriage house or secondary suite, the minimum rear yard setback shall be 3.0m (9.8ft). Height.8 The maximum building height is:.1 Principal building: 10.0m (32.8ft).2 Accessory buildings: 5.0m (16.4ft) Subdivision Regulation.9 Where a lot is subdivided, the minimum parcel area is:.1 Minimum Parcel Area: 225m2 ( ft 2 ) Town of Oliver Zoning Bylaw Page 60

61 Town of Oliver RD Town of Oliver Zoning Bylaw Page 61

62 13.0 RM1 ZONE Multi Family Dwelling Town of Oliver RM1 Intent: The intent is to provide a zone for comprehensively designed low profile multiple attached housing up to two storeys high. Uses Permitted.1 The following uses and no others are permitted in the RM1 Zone:.1 duplex;.2 townhouse;.3 congregate care housing;.4 apartment building;.5 home occupation, minor;.6 accessory use; and.7 secondary suite in a duplex. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 670.0m 2 (7211.8ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 20.0m (65.6ft).2 Minimum Parcel Depth: 25.0m (82.0ft) Units per Hectare Parcel Coverage.4 The maximum units per hectare is:.1 25 dwellings (10 dwellings per acre).5 The maximum parcel coverage is:.1 35% of the parcel Floor Area Ratio.6 The maximum floor area ratio is:.1 Maximum FAR: 0.45 Town of Oliver Zoning Bylaw Page 62

63 Setback Requirements.7 For the principal building the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 6.0m (19.7ft).3 Side yard 2.4m (7.9ft).8 For accessory buildings the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 3.0m (9.8ft).3 Side yard 2.4m (7.9ft) Setback Exceptions.9 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 4.0m (13.1ft). Height.10 The maximum building height is :.1 Principal building: the lesser of 10.0m (32.8ft) or two storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.11 All parcels shall provide amenity area(s) of not less than 40.0m 2 (430.6ft 2 ) per dwelling unit. Town of Oliver Zoning Bylaw Page 63

64 Town of Oliver RM1 Town of Oliver Zoning Bylaw Page 64

65 14.0 RM2 ZONE Multi Family Dwelling Town of Oliver RM2 Intent: The intent is to provide a zone for comprehensively designed low profile multiple attached housing up to two storeys high, with a higher density than the RM1 zone. Uses Permitted.1 The following uses and no others are permitted in the RM2 Zone:.1 townhouse;.2 congregate care housing;.3 apartment building;.4 home occupation, minor; and.5 accessory use. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 670.0m 2 (7211.8ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 20.0m (65.6ft).2 Minimum Parcel Depth: 25.0m (82.0ft) Units per Hectare Parcel Coverage.4 The maximum units per hectare is:.1 30 dwellings (12 dwellings per acre).5 The maximum parcel coverage is:.1 35% of the parcel Floor Area Ratio.6 The maximum floor area ratio is:.1 Maximum FAR: 0.45 Town of Oliver Zoning Bylaw Page 65

66 Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 6.0m (19.7ft).3 Side yard 2.4m (7.9ft).8 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 3.0m (9.8ft).3 Side yard 2.4m (7.9ft) Setback Exceptions.9 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 4.0m (13.1ft). Height.10 The maximum building height is the lesser of:.1 Principal building: 10.0m (32.8ft) or two storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.11 All parcels shall provide amenity area(s) of not less than 40.0m 2 (430.6ft 2 ) per dwelling unit. Town of Oliver Zoning Bylaw Page 66

67 Town of Oliver RM2 Town of Oliver Zoning Bylaw Page 67

68 15.0 RM3 ZONE Multi Family Dwelling Town of Oliver RM3 Intent: The intent is to provide a zone for comprehensively designed medium profile multiple attached housing up to three storeys high. Uses Permitted.1 The following uses and no others are permitted in the RM3 Zone:.1 congregate care housing;.2 apartment building;.3 townhouse;.4 home occupation, minor; and.5 accessory use. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 670.0m 2 (7211.8ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 20.0m (65.6ft).2 Minimum Parcel Depth: 25.0m (82.0ft) Units per Hectare Parcel Coverage Floor Area Ratio.4 The maximum units per hectare is:.1 50 dwellings (20 dwellings per acre).5 The maximum parcel coverage is:.1 40% of the parcel.6 The maximum floor area ratio is:.1 Maximum FAR: When all required resident parking is provided below grade, the maximum floor area ratio is 0.75 Town of Oliver Zoning Bylaw Page 68

69 Setback Requirements.7 For the principal building the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Front yard 2nd storey or below 4.5m (14.8ft).3 Rear yard 6.0m (19.7ft).4 Side yard 6.0m (19.7ft).5 Side yard 2 nd storey or below 2.4m (7.9ft).8 For accessory buildings the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 3.0m (9.8ft).3 Side yard 2.4m (7.9ft) Setback Exceptions.9 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 4.0m (13.1ft) for 2 nd storey and below. Height.10 The maximum building height is the lesser of:.1 Principal building: 12.0m (39.4ft) or three storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.11 All parcels shall provide amenity area(s) not less than 40.0m 2 (430.6ft 2 ) per dwelling unit. Town of Oliver Zoning Bylaw Page 69

70 Town of Oliver RM3 Town of Oliver Zoning Bylaw Page 70

71 16.0 RM4 ZONE Multi Family Dwelling Town of Oliver RM4 Intent: The intent is to provide a zone for comprehensively designed medium profile multiple attached housing up to four storeys high. Uses Permitted.1 The following uses and no others are permitted in the RM4 Zone:.1 congregate care housing;.2 apartment building;.3 townhouse;.4 home occupation, minor (subject to specific use regulation 5.29); and,.5 accessory use. Parcel Area.2 The minimum parcel area is:.1 Parcel Area: 670.0m 2 (7211.8ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 20.0m (65.6ft).2 Minimum Parcel Depth: 25.0m (82.0ft) Units per Hectare.4 The maximum units per hectare is:.1 80 dwellings (32 dwellings per acre) Parcel Coverage Floor Area Ratio.5 The maximum parcel coverage is: % of the parcel.6 The maximum floor area ratio is:.1 Maximum FAR: 0.90 Town of Oliver Zoning Bylaw Page 71

72 Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Front yard 2nd storey or below 4.5m (14.8ft).3 Rear yard 6.0m (19.7ft).4 Side yard 6.0m (19.7ft).5 Side yard 2 nd storey or below 2.4m (7.9ft).8 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 3.0m (9.8ft).3 Side yard 2.4m (7.9ft) Setback Exceptions.9 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 6.0m (19.7ft). Height.10 The maximum building height is :.1 Principal building: the lesser of 18.0m (59.1ft) or four storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.11 All parcels shall provide amenity areas not less than 40.0m 2 (430.6ft 2 ) per dwelling unit. Town of Oliver Zoning Bylaw Page 72

73 Town of Oliver RM4 Town of Oliver Zoning Bylaw Page 73

74 17.0 RM4s ZONE Multi Family Dwelling: Site Specific Town of Oliver RM4s Intent: The intent is to provide a zone site specific comprehensively designed medium profile multiple attached housing up to four storeys high on a specific site. Uses Permitted.1 The following uses and no others are permitted in the RM4s Zone:.1 congregate care housing;.2 apartment building;.3 townhouse;.4 home occupation, minor (subject to specific use regulation 5.29);.5 accessory use; and.6 Tourist Accommodation is permitted as a site specific use only on Lot A, Plan 51354, DL 2450s, SDYD (located at 301 McKinney Road), and subsequent strata lots that may be created through the subdivision of Lot A, Plan 51354, DL 2450s, SDYD, if the dwelling units are managed under a rental pool scheme by the strata corporation or other bona fide tourist accommodation rental management facility, such as an off site hotel or motel. Parcel Area.2 The minimum parcel area is:.1 Parcel Area: 670.0m 2 (7211.8ft 2 ) Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 20.0m (65.6ft).2 Minimum Parcel Depth: 25.0m (82.0ft) Units per Hectare.4 The maximum number of units per hectare is:.1 80 dwellings per hectare (32 dwellings per acre) Parcel Coverage.5 The maximum parcel coverage is:.1 Maximum Parcel Coverage: 45.0% Town of Oliver Zoning Bylaw Page 74

75 Floor Area Ratio.6 The maximum floor area ratio is:.1 Maximum FAR: 0.90 Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Front yard 2nd storey or below 4.5m (14.8ft).3 Rear yard 6.0m (19.7ft).4 Side yard 6.0m (19.7ft).5 Side yard 2 nd storey or below 2.4m (7.9ft).8 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 3.0m (9.8ft).3 Side yard 2.4m (7.9ft) Setback Exceptions.9 Where the side parcel line is adjacent to a street, the minimum side yard setback shall be 6.0m (19.7ft) Height.10 The maximum building height is the lesser of:.1 Principal building: 18.0m (59.1ft) or four storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.11 All parcels shall provide amenity areas not less than 40.0m 2 (430.6ft 2 ) per dwelling unit. Town of Oliver Zoning Bylaw Page 75

76 18.0 RCs ZONE Resort Commercial Site Specific Town of Oliver RCs Intent: The intent is to provide a zone for site specific integrated resort residential and commercial developments. Uses Permitted.1 The following uses and no others are permitted in the RC Zone:.1 resort residential housing;.2 commercial and professional business offices, including: finance, insurance, real estate, dental, law, medical and broadcasting;.3 personal service establishments;.4 food and beverage services including: restaurant, lounge and neighbourhood pub;.5 indoor commercial, amusement and or recreation enterprises, including: theatre, billiard hall and night club;.6 convenience store and gift shop; and.7 accessory use. Conditions of Use.2 The resort commercial development must include a:.1 minimum of 350.0m 2 (3767.4ft 2 ) commercial space that shall include a lobby;.2 minimum of 450.0m 2 (4843.7ft 2 ) of resort amenity facilities which may include, but shall not be limited to: indoor games, recreation, fitness and health rooms; pools and spas; guest lounges; meeting rooms; and outdoor recreation areas; and.3 separate entrance from the ground level for any of the permitted uses in sections if they are located above the first floor of and under the same roof as the building within which a resort residential housing use is carried out. Parcel Width and Depth.3 The minimum parcel width and depth is:.1 Minimum Parcel Width: 15.0m (49.2ft).2 Minimum Parcel Depth: 30.0m (98.4ft) Town of Oliver Zoning Bylaw Page 76

77 Parcel Coverage Floor Area Ratio.4 The maximum parcel coverage is:.1 Maximum Parcel Coverage: 45.0%.5 The maximum floor area ratio is:.1 Maximum Base FAR: Maximum FAR: The base F.A.R. (0.35) may be increased to a maximum F.A.R. of 1.2 with a community amenity contribution. Setback Requirements.6 For the principal building, the minimum setback from parcel lines are:.1 Front yard 4.5m (14.8ft).2 Rear yard 7.5m (24.6ft).3 Side yard 4.5m (14.8ft).7 For accessory buildings, the minimum setback from parcel lines are:.1 Front yard 4.5m (14.8ft).2 Rear yard 3.0m (9.8ft).3 Side yard 4.5m (14.8ft) Height.8 The maximum building height is:.1 Principal building: 18.0m (59.1ft).2 Accessory buildings: 5.0m (16.4ft) Height exceptions.9 Where underground or covered parking is provided, the maximum height of the principal building shall not exceed 22.0m (72.2ft). Other Regulations Site Specific.10 In the In the case of Lot A,, D.L. 2450S, S.D.Y.D. Plan 17769, Lot 2, District Lot 2450S, S.D.Y.D. Plan and Lot 76, District Lot 2450S, S.D.Y.D. Plan 1729, except those portions shown as parcels 23 and 0 on plan A1274 ( th Street, th Street and th Street):.1 The average maximum permitted gross floor area of a resort residential unit in any building is 75.0m 2 (807.4ft 2 ); Town of Oliver Zoning Bylaw Page 77

78 .2 The maximum number of bedrooms in a resort residential unit is 1;.3 The minimum height of a building with resort residential units shall be 3 storeys; and.4 Under building or underground off street parking must be provided for all resort residential units. Permitted F.A.R Site Specific.11 In the case of Lot A,, D.L. 2450S, S.D.Y.D. Plan 17769, Lot2, District Lot 2450S, S.D.Y.D.Plan19121 and Lot76, District Lot 2450S, S.D.Y.D. Plan 1729, except those portions shown as parcels 23 and 0 on plan A1274 ( th Street, th Street and th Street): the F.A.R. may be increased from 0.35 to a maximum of 1.2 if the owner(s) provides the Town of Oliver, prior to the issuance of a Building Permit authorizing construction that exceeds 0.35 F.A.R., a payment for amenities as outlined below:.1 For payments made in 2007: $40.00/m 2 of floor area in excess of 0.35 F.A.R.; and.2 For payments made after December 31, 2007: $40.00/m 2 of floor area in excess of 0.35 F.A.R. plus an inflation adjustment equal to the product of $40.00/m 2 and the percent increase in the Consumer Price Index for all products in British Columbia as published by Statistics Canada between January 2007 and January of the year that payment is made..12 Payments received under this section may only be used by the Town for any of the following community amenities or affordable housing initiatives:.1 Upgrading and or renovations to the Venables Auditorium;.2 Upgrading and or renovations to the Oliver and District Museum / Archives;.3 Upgrading and or renovations to municipally owned heritage buildings;.4 Purchase, upgrading and / or renovation to municipal Parks including the provision of additional park and playground equipment;.5 Creation, upgrading, and renovating trails and walkways throughout the Town of Oliver; and.6 Local government or non profit affordable housing initiatives. Town of Oliver Zoning Bylaw Page 78

79 19.0 RCD ZONE Comprehensive Residential Development Town of Oliver RCD Intent: The intent is to provide a zone that will allow for the creation of customized land use regulations for site specific developments. Proposed uses and densities must be in conformity with the Town s Official Community Plan. Uses Permitted.1 The following uses and no others are permitted in the RCD Zone:.1 single family dwelling;.2 linked single family dwelling;.3 duplex or semi detached dwelling;.4 townhouse up to 4 units attached;.5 apartment;.6 home occupation, minor (subject to specific use regulation 5.29);.7 accessory buildings and structures; and.8 secondary suite (subject to specific use regulation 5.17). Parcel Area.2 The minimum parcel area is:.1 Single family, semi detached or linked single family parcels with lane access:.2 Single family, semi detached or linked single family parcels with lane access:.3 Single family, semi detached or linked single family parcels without lane access:.4 Single family, semi detached or linked single family parcels without lane access:.5 Single family parcels in a bare land strata form: 325.0m 2 (3498.3ft 2 ) (interior parcel) 375.0m 2 (4036.5ft 2 ) (exterior parcel) 350.0m 2 (3767.4ft 2 ) (interior parcel) 340.0m 2 (3659.7ft 2 ) (exterior parcel) m 2 (15,069.4ft 2 ).6 Duplex: 700.0m 2 (7534.7ft 2 ) (interior parcel).7 Duplex: 800.0m 2 (8611.1ft 2 ) (exterior parcel).8 Townhouse, rowhouse, or apartment m 2 (15,069.4ft 2 ) Town of Oliver Zoning Bylaw Page 79

80 Parcel Width.3 The minimum parcel width is:.1 Single family parcels with lane access: 10.5m (34.4ft) interior parcel).2 Single family parcels with lane access: 12.0m (39.4ft) (exterior parcel).3 Single family parcels without lane access: 12.0m (39.4ft) (interior parcel).4 Single family parcels without lane access: 13.0m (42.7ft) (exterior parcel).5 Bare land strata lots: 10.0m (32.8ft) (interior parcel).6 Bare land strata lots: 12.0m (39.4ft) (exterior parcel).7 Duplex: 18.0m (59.1ft) (interior parcel).8 Duplex: 21.0m (68.9ft) (exterior parcel).9 Semidetached or linked single family: 10.0m (32.8ft) (interior parcel).10 Semidetached or linked single family: 12.0m (39.4ft) (exterior parcel).11 Townhouse, rowhouse or apartment: 30.0m (98.4ft) Parcel Depth.4 The minimum parcel depth is:.1 Minimum Parcel Depth: 30.0m (98.4ft) Units per Hectare Parcel Coverage Floor Area Ratio.5 The maximum parcel density is:.1 Maximum Parcel Density: 30 dwellings per hectare (12 dwellings per acre).6 The maximum parcel coverage is:.1 Maximum Parcel Coverage: 50.0%.7 The maximum floor area ratio is: Town of Oliver Zoning Bylaw Page 80

81 .1 Maximum FAR for townhouse and apartment dwellings: Where parking spaces are provided totally beneath the principal building, and the parking spaces are screened from view, an amount may be added to the floor area ratio equal to 0.08 multiplied by the ratio of such parking spaces to the total required parking spaces, but in no situation shall this amount exceed Setback Requirements.9 For single family and duplex dwellings the minimum setback from parcel lines are:.1 Front yard 5.0m (16.4ft).2 Rear yard 6.0m (19.7ft).3 Side yard 1.2m (3.9ft).4 Side yard 2 nd storey 2.3m (7.5ft).10 For single family and duplex dwellings the following setback exceptions shall apply:.1 notwithstanding sections 5.6, 5.7, 5.8 and 5.9 of the zoning regulations, where decks, verandas, porches and bays are provided, these may project up to 2.0m (6.6ft) into the front setback area, that is, to within 3.0m (9.8ft) of the front parcel line;.2 Where a site has vehicular access from the front only, one side parcel setback shall be a minimum of 3.0m (9.8ft) to accommodate a driveway for vehicular passage to the rear of the property, except where an attached garage or carport is provided; or where a reciprocal access easement has been registered to accommodate a joint driveway with the adjacent parcel, in which case the minimum side parcel line setback shall be 1.5m (4.9ft); and.3 Where a side parcel line is adjacent to a street frontage, the minimum setback shall be 3.5m (11.5ft)..11 For Linked single family and Semi detached dwellings the minimum setback from parcel lines are:.1 Front yard 5.0m (16.4ft).2 Rear yard 7.5m (24.6ft).3 Side yard 1.2m (3.9ft).4 Side yard 2 nd storey 2.3m (7.5ft).12 For Linked single family and Semi detached dwellings the following setback exceptions shall apply:.1 Notwithstanding sections 5.6, 5.7, 5.8 and 5.9 of the zoning regulations, where decks, verandas, porches and bays are provided, these may Town of Oliver Zoning Bylaw Page 81

82 project up to 2.0m (6.6ft) into the front setback area, that is, to within 3.0m (9.8ft) of the front parcel line;.2 Where a site has vehicular access from the front only, one side parcel setback shall be a minimum of 3.0m (9.8ft) to accommodate a driveway for vehicular passage to the rear of the property, except where an attached garage or carport is provided; or where a reciprocal access easement has been registered to accommodate a joint driveway with the adjacent parcel, in which case the minimum side parcel line setback shall be 1.5m (4.9ft); and.3 Where a side parcel line is adjacent to a street frontage, the minimum setback shall be 3.5m (11.5ft)..13 For Townhouse, Rowhouse, Apartment buildings the minimum setback from parcel lines are:.1 Front yard 6.0m (19.7ft).2 Rear yard 7.5m (24.6ft).3 Side yard 1.2m (3.9ft).4 Side yard 2 nd storey 2.3m (7.5ft).14 For Townhouse, Rowhouse, Apartment buildings the following setback exceptions shall apply:.1 Notwithstanding sections 5.6, 5.7, 5.8 and 5.9 of the zoning regulations, where decks, verandas, porches and bays are provided, these may project up to 2.0m (6.6ft) into the front setback area, that is, to within 4.0m (13.1ft) of the front parcel line..15 For accessory buildings and structures the minimum setback from parcel lines are:.1 Front yard No further than the front setback of the dwelling unit.2 Rear yard 1.5m (4.9ft).3 Side yard 1.2m (3.9ft).4 Side yard adjacent to a street frontage 4.5m (14.8ft).16 For accessory buildings and structures the following setback exceptions shall apply:.1 Where a garage door entrance is located parallel to a lane, the rear parcel line setback to the garage may be reduced to 1.0m (3.3ft). Town of Oliver Zoning Bylaw Page 82

83 Height.17 The maximum building height is the lesser of:.1 Principal building: 9.5m (31.2ft) or two storeys and basement..2 Accessory buildings: 4.5m (14.8ft).3 Accessory buildings containing a secondary suite: 6.0m (19.7ft) Amenity Area Requirements.18 All parcels shall provide amenity area(s) not less than 50.0m 2 (538.2ft 2 ) per dwelling unit. Zero Side Yard Developments.19 Prior to the approval of any zero side yard development, plans showing grading and drainage on adjacent sites must be submitted and must be deemed acceptable to the Approving Officer..20 Where a zero side parcel line is permitted, an easement shall be provided on the site abutting that side yard for the maintenance of all principal and accessory buildings and for any overhang of principal or accessory buildings onto that adjacent site. The Approving Officer will require that a maintenance and access easement be registered at the time of subdivision for the creation of the parcel. In this case, general requirement 5.3(ii) of the zoning bylaw shall not apply..21 Where an accessory building has a zero side parcel line, the Approving Officer will require that a maintenance and access easement be registered at the time of subdivision for the creation of the parcel..22 Where the Approving Officer accepts a plan for a zero side parcel line project or zero side parcel site, and where that plan indicates the location or alternative locations for future accessory buildings (including garages) on the site, easements identified above shall be provided for all possible alternative future locations of accessory buildings at, or prior to the time of subdivision..23 Notwithstanding the setback requirements in sections , the side parcel setbacks for zero parcel line developments shall be:.1 0.0m for one side, except where a parcel abuts another zone, in which case the minimum side yard setback from the boundary abutting the adjacent zone shall comply with sections of this zoning schedule; and.2 No part of any structure or building shall be erected within 4.5m (14.8ft) of the street boundary of a zero side parcel line. Town of Oliver Zoning Bylaw Page 83

84 20.0 RCD1 ZONE Comprehensive Residential Development Town of Oliver RCD1 Intent: The intent is to provide a zone that will allow for the creation of customized land use regulations for site specific developments. Proposed uses and densities must be in conformity with the Town s Official Community Plan. Uses Permitted.1 The following uses and no others are permitted in the RCD Zone:.1 bare land strata residential development;.2 single family residential dwelling;.3 buildings and structures located on common property of the strata corporation for maintenance or leisure / recreation purposes;.4 home occupation, minor;.5 accessory buildings and structures;.6 secondary suite; and.7 recreation or maintenance buildings or structures located on common strata property. Parcel Area.2 The minimum areas shall apply:.1 Minimum Lot Area: 1.0ha (2.5 acres).2 Minimum Average Bare Land Strata Lot Area: 300.0m 2 (3229.2ft 2 ) Parcel Width.3 The minimum widths shall apply:.1 minimum site width measured along the frontage road:.2 minimum bare land strata lot width measured along the frontage of the private strata road:.3 minimum bare land strata lots on outside road corners : 40.0m (131.2ft) 10.0m (32.8ft) 6.0m (19.7ft) Parcel Depth.4 The minimum depth shall apply:.1 Minimum Average Bareland Strata Lot Depth: 25.0m (82.0ft) Town of Oliver Zoning Bylaw Page 84

85 Setback Requirements.5 For single family residential structures the minimum setback from property lines are:.1 From a parcel line adjacent to 87 th Street: 2.5m (8.2ft).2 From a parcel line adjacent to 83 rd Street: 3.0m (9.8ft).3 From a front parcel line adjacent to the private road within the bare land strata development:.4 From an interior parcel line within the bare land strata development:.5 from an exterior parcel line within the bare land strata development:.6 from a rear parcel line adjacent to property not within the bare land strata development:.7 From a rear parcel line adjacent to common strata property: 2.0m (6.6ft) 1.2m (3.9ft 2.0m (6.6ft) 3.0m (9.8ft) 3.0m (9.8ft) Setback Exceptions.6 Where a front parcel line is adjacent to the private road within the bare land strata development, no garage or carport shall be located closer than 5.5m (18.0ft) to the back of curb or edge of a sidewalk. Setback Requirements.7 For accessory structures on a bareland strata lot, the minimum setback from property lines are:.1 Rear yard and interior parcel line: 1.2m (3.9ft).2 Exterior side parcel line: 2.0m (6.6ft).8 For recreation or maintenance structures on common strata property the minimum setback from property lines are:.1 From a road: 3.5m (11.5ft).2 From a bareland strata parcel line: 3.5m (11.5ft) Height.9 The maximum building height:.1 Principal building: 9.5m (31.2ft).2 Accessory buildings: 4.5m (14.8ft) Town of Oliver Zoning Bylaw Page 85

86 Other Regulations.10 Notwithstanding the Secondary Suite provisions outlined in the Zoning Bylaw, no carriage house that is a separate structure shall be located on a bare land strata lot..11 No accessory structure shall be permitted within a front or exterior side yard setback..12 Only one single family dwelling unit is permitted on a parcel..13 Notwithstanding the requirements in any other Bylaw, the provision of sidewalks within a bare land strata development shall be the option of the developer..14 Only one accessory structure shall be permitted on a bareland strata lot..15 Notwithstanding section 5.11 of this Bylaw, a fence height of 1.8m (5.9ft) is permitted around the full perimeter of the development site. Where setback regulations allow dwellings to be located within 3.0m (9.8ft) of a public road, decorative fencing not exceeding 1.8m (5.9ft) in height shall be required to separate strata lots from the adjacent public roadway. Town of Oliver Zoning Bylaw Page 86

87 21.0 RAL1s ZONE Residential Assisted Living: Site Specific Town of Oliver RAL1s Intent: The intent is to provide a zone to allow the construction of assisted living and congregate care residential facilities on the property legally described as Lot A, DL 2450s, SDYD, Plan 34439, hereinafter called Lot A. Uses Permitted.1 The following uses and no others are permitted in the RAL1s Zone:.1 assisted living facility;.2 accessory buildings and structures; and.3 accessory uses to the principal use. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: m 2 (0.4 acres) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width as measured along the 87 th Street frontage of Lot A: 20.0m (65.6ft) Units per Hectare.4 The maximum number of sleeping units is:.1 Maximum Number of Sleeping Units: 225 per hectare of parcel area (91 sleeping units per acre of parcel area) Parcel Coverage.5 The maximum parcel coverage is:.1 Maximum Parcel Coverage excluding driveways and parking areas: 35.0%.2 Maximum Parcel Coverage including driveways and parking areas: 60.0% Town of Oliver Zoning Bylaw Page 87

88 Setback Requirements.6 For buildings and structures on Lot A the minimum setbacks are:.1 From Meadows Drive 3.0m (9.8ft).2 From Salamander Avenue 3.0m (9.8ft).3 From the south boundary of Lot A 3.0m (9.8ft).7 For accessory buildings the minimum setback is:.1 From the south boundary of Lot A 1.5m (4.9ft) Setback Exceptions.8 The minimum setback from the property line corner cut at the northwest corner of Lot A, being the intersection of 87 th Street and 364 th Avenue shall be 6.0m (19.7ft) Height.9 The maximum building height is:.1 Principal building: 14.0m (45.9ft) or three storeys.2 Accessory buildings: 4.5m (14.8ft) Amenity Area Requirements.10 The minimum outdoor amenity area shall be 40.0% of the site area. Floor Area for Sleeping Units.11 The minimum floor area for sleeping units shall be 30.0m 2 (322.9ft 2 ) per unit. Town of Oliver Zoning Bylaw Page 88

89 22.0 C1 ZONE Neighbourhood Commercial Town of Oliver C1 Intent: The intent is to provide a zone for areas that serve the daily needs of residents in close proximity to where they live. Uses Permitted.1 The following uses and no others shall be permitted in the C1 zone:.1 convenience store;.2 day care center, minor and major;.3 home occupation, minor and major;.4 personal service establishment;.5 restaurant;.6 retail establishment, minor;.7 apartment dwelling; and.8 accessory use. Conditions of Use.2 Health services shall not be permitted in the C1 zone..3 Laundromats shall not be permitted in conjunction with dry cleaning uses in the C1 Zone..4 Drive thru restaurants shall not be permitted in the C1 zone. Parcel Area.5 The minimum parcel area is:.1 Minimum Parcel Area: 465.0m 2 (5005.2ft 2 ) Parcel Width.6 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft 2 ) Parcel Coverage.7 The maximum parcel coverage is:.1 Parcel Coverage: 35% Town of Oliver Zoning Bylaw Page 89

90 Floor Area Ratio.8 The maximum floor area ratio is:.1 Maximum FAR: 0.70 Height.9 The maximum building height is :.1 Principal buildings and structures: 10.5m (34.4ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.10 For the principal building, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 6.0m (19.7ft).3 Side 1.5m (4.9ft) Setback Exceptions.11 Accessory buildings and structures shall be setback at least 3.0m (9.8ft) from rear parcel lines..12 Where a side parcel line is adjacent to a street the setback from side parcel lines shall be at least 4.5m (14.8ft)..13 Where a parcel abuts a street with only one parcel line, one side setback shall be at least 2.5m (8.2ft). Residential Regulations.14 Residential dwellings shall only be permitted in a building with the following commercial uses:.1 personal service establishment;.2 retail establishment, minor;.3 restaurant; or.4 convenience store..15 Dwellings shall be located at the rear of the building on the ground floor, or above the first storey..16 Residential dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Town of Oliver Zoning Bylaw Page 90

91 Town of Oliver C1 Town of Oliver Zoning Bylaw Page 91

92 23.0 C2 ZONE Transition Commercial Town of Oliver C2 Intent: The intent is to provide a zone for general commercial activities in an area that is transitioning to highway commercial development. Uses Permitted.1 The following uses and no others shall be permitted in the C2 zone:.1 convenience store;.2 education service, minor.3 indoor commercial entertainment or recreation;.4 laundromat;.5 library;.6 licensed retail liquor store;.7 liquor sales, primary;.8 museum;.9 office;.10 personal service establishment;.11 retail establishment, minor and major;.12 apartment dwelling;.13 public parking lot; and.14 accessory use. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 465.0m 2 (5005.2ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft) Parcel Coverage.4 The maximum parcel coverage is:.1 Parcel Coverage: 50% Town of Oliver Zoning Bylaw Page 92

93 Floor Area Ratio.5 The maximum floor area ratio is:.1 Maximum FAR: 1.0 Height.6 The maximum building height is:.1 Principal buildings and structures: 12.0m (39.4ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 3.0m (9.8ft).3 Side 1.5m (4.9ft) Setback Exceptions.8 Where a rear parcel line is adjacent to a residential zone the setback from the real parcel line shall be at least 6.0m (19.7ft)..9 Where a side parcel line is adjacent to a street the setback from side parcel lines shall be at least 4.5m (14.8ft)..10 Where a parcel abuts a street with only one parcel line, one side setback shall be at least 2.5m (8.2ft). Residential Regulations.11 Dwellings shall be located at the rear of the building on the ground floor, or above the first storey..12 Residential dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Town of Oliver Zoning Bylaw Page 93

94 Town of Oliver C2 Town of Oliver Zoning Bylaw Page 94

95 24.0 C2S ZONE Transition Commercial Site Specific Town of Oliver C2s Intent: The intent is to provide a zone for site specific commercial activities. Uses Permitted.1 The following uses and no others shall be permitted in the C2s zone:.1 convenience store;.2 indoor commercial entertainment or recreation;.3 laundromat;.4 library;.5 licensed retail liquor store;.6 liquor sales, primary;.7 museum;.8 office;.9 personal service establishment;.10 retail establishment, minor and major;.11 apartment dwelling;.12 public parking lot; and.13 accessory use. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 465.0m 2 (5005.2ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft) Parcel Coverage.4 The maximum parcel coverage is:.1 Maximum parcel coverage: 40%. Floor Area Ratio.5 The maximum floor area ratio is 0.6. Town of Oliver Zoning Bylaw Page 95

96 .1 Maximum FAR: 0.6. Height.6 The maximum building height is:.1 Maximum height of any structure shall not exceed 14.7m (48.2ft) above m (990.3ft) (Geodetic); Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 3.0m (9.8ft).3 Side 1.5m (4.9ft) Setback Exceptions.8 Where a parcel line is adjacent to Airport Street the setback shall be at least 3.0m (9.8ft). Residential Regulations.9 Dwellings shall be located at the rear of the building on the ground floor, or above the first storey..10 Residential dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Other Regulations.11 Notwithstanding section 24.5, the FAR may be increased from 0.6 to a maximum of 1.2 if the owner provides the Town of Oliver, prior to the issuance of a building permit authorizing construction that exceeds 0.6 FAR, a payment for amenities as outlined below: For payments made in 2007: $40.00 / m 2 ; or For payments made after December 31, 2007: $40.00 / m 2 plus an inflation adjustment equal to the product of $40.00 and the percent increase in the Consumer Price Index for all products in British Columbia as published by Statistics Canada between January 2007 and January of the year that payment is made..12 Payments received under this section may only be used by the Town for any of the following community amenities or affordable housing initiatives: Upgrading and/or renovations to the Venables Auditorium; Upgrading and/or renovations to the Oliver and District Museum / Archives; Town of Oliver Zoning Bylaw Page 96

97 Upgrading and/or renovations to municipally owned heritage buildings; Purchase, upgrading and/or renovation to municipal Parks including the provision of additional park and playground equipment; Creation, upgrading, and renovating trails and walkways throughout the Town of Oliver; and Local government or non profit affordable housing initiatives..13 Residential development above the ground floor commercial shall not be closer than 6.0m (19.7ft) to Airport Street..14 Residential development at grade level is permitted but shall not be closer than 18.0m (59.1ft) to Airport Street, and residential development shall only be permitted in conjunction with commercial development adjacent to the entire length of Airport Street..15 Notwithstanding the parking requirements set out in Section 6 Parking and Loading, parking requirements for residential dwellings shall be 1.5 parking spaces per dwelling unit with 2 bedrooms or more and 1.25 parking spaces per dwelling unit with less than 2 bedrooms..16 The height of any building shall be designed in a manner that does not contravene Transport Canada safety requirements and airport operations. Town of Oliver Zoning Bylaw Page 97

98 25.0 C3 ZONE Town Center Town of Oliver C3 Intent: The intent is to provide a zone for a mixed use residential and commercial town center area. Uses Permitted.1 The following uses and no others shall be permitted in the C3 zone:.1 art gallery;.2 assembly;.3 convenience store;.4 education service, minor;.5 hotel;.6 indoor commercial entertainment or recreation;.7 library;.8 licensed retail liquor store;.9 liquor sales, primary;.10 motel;.11 museum;.12 office;.13 personal service establishment;.14 restaurant;.15 retail establishment, minor and major;.16 apartment dwelling;.17 public parking lot; and.18 accessory use. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 230.0m 2 (2475.7ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 4.5m (14.8ft) Town of Oliver Zoning Bylaw Page 98

99 Parcel Coverage.4 The maximum parcel coverage is:.1 Maximum parcel coverage: 100%: Floor Area Ratio.5 The maximum floor area ratio is:.1 Maximum FAR: 3.0 Height.6 The maximum building height is:.1 Principal buildings and structures: 18.0m (59.1ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front 0m.2 Rear 0m.3 Side 0m Setback Exceptions.8 Where a parcel line abuts a residential use and no rear lane is provided, a setback of at least 6.0m (19.7ft) shall be required..1 Where a rear lane is present, a setback of at least 3.0m (9.8ft) shall be provided. Residential Regulations.9 Dwellings shall be located at the rear of the building on the ground floor, or above the first storey..10 Residential dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Town of Oliver Zoning Bylaw Page 99

100 Town of Oliver C3 Town of Oliver Zoning Bylaw Page 100

101 26.0 CS1 ZONE Service Commercial Town of Oliver CS1 Intent: The intent is to provide a zone for service commercial areas that include services for automobiles, commercial vehicles and other machinery. Uses Permitted.1 The following uses and no others shall be permitted in the CS1 zone:.1 car wash;.2 construction services;.3 delivery and express delivery facility;.4 gasoline service station;.5 retail establishment, minor and major;.6 service industry establishment, minor;.7 car wash;.8 propane sales;.9 public transportation depot;.10 public parking lot;.11 accessory building and use, including: convenience store, restaurant, Christmas tree sales and vending machines; and.12 caretaker or watchman s residence. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: m 2 (10,763.9ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 30.0m (98.4ft) Parcel Coverage.4 The maximum parcel coverage is:.1 Maximum parcel coverage: 35% Town of Oliver Zoning Bylaw Page 101

102 Floor Area Ratio.5 The maximum floor area ratio is Maximum FAR: Height.6 The maximum building height is:.1 Principal buildings and structures: 10.5m (34.4ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 6.0m (19.7ft).3 Side 3.0m (9.8ft) Setback Exceptions.8 Accessory buildings and structures shall be set back at least 3.0m (9.8ft) from rear parcel lines..9 Where a side parcel line is adjacent to a street, the setback from side parcel lines shall be at least 4.5m (14.8ft)..10 Where a parcel abuts a street with only one parcel line, one side setback shall be at least 2.5m (8.2ft)..11 Fuel pumps shall be set back not less than 10.0m (32.8ft) from the side or rear parcel line. Other Regulations.12 For gasoline service station uses the total accessory commercial floor space shall not be in excess of 20.0m 2 (215.3ft 2 ) per fuel pump hose. Town of Oliver Zoning Bylaw Page 102

103 Town of Oliver CS1 Town of Oliver Zoning Bylaw Page 103

104 27.0 CT1 ZONE Tourist Commercial Town of Oliver CT1 Intent: The intent is to provide a zone for areas that allow for tourism activities such as campgrounds. Uses Permitted.1 The following uses and no others shall be permitted in the CT1 zone:.1 campground;.2 home occupation, major and minor;.3 restaurant;.4 single detached dwelling or manufactured home; and.5 accessory buildings and uses, including: convenience store; gift shop; and, indoor and outdoor recreation services. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: m 2 (0.5 acres) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 30.0m (98.4ft) Parcel Coverage.4 The maximum parcel coverage is:.1 Maximum parcel coverage: 35%. Floor Area Ratio.5 The maximum floor area ratio is:.1 Maximum FAR: Height.6 The maximum building height is:.1 Principal buildings and structures: 10.5m (34.4ft).2 Accessory buildings: 5.0m (16.4ft) Town of Oliver Zoning Bylaw Page 104

105 Setback Requirements Setback Exceptions.7 For the principal building, the minimum setback from parcel lines are:.1 Front 7.5m (24.6ft).2 Rear 7.5m (24.6ft).3 Side 2.4m (7.9ft).8 Accessory buildings and structures shall be set back at least 3.0m (9.8ft) from rear parcel lines..9 Where a side parcel line is adjacent to a street, the setback from side parcel lines shall be at least 4.5m (14.8ft). Other Regulations.10 A manufactured home is permitted only on parcels with an area of one hectare (2.5 acres) or more..11 A manufactured home is only permitted within or immediately adjacent to the portion of a parcel used for a campground..12 No more than one single detached dwelling or one manufactured home is permitted per parcel. Town of Oliver Zoning Bylaw Page 105

106 28.0 CT2 ZONE Tourist Commercial Town of Oliver CT2 Intent: The intent is to provide a zone for areas that allow for year round tourism activities such as hotels and indoor and outdoor recreation or amusement facilities. Uses Permitted.1 The following uses and no others shall be permitted in the CT2 zone:.1 campground;.2 home occupation, major and minor;.3 hotel;.4 liquor sales, primary;.5 motel;.6 personal service establishments;.7 restaurant;.8 single detached dwelling or manufactured home; and.9 accessory buildings and uses, including convenience store and indoor and outdoor recreation services. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 465.0m 2 (5005.2ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft 2 ) Parcel Coverage.4 The maximum parcel coverage is:.1 Maximum parcel coverage: 35%. Floor Area Ratio.5 The maximum floor area ratio is:.1 Maximum FAR: Town of Oliver Zoning Bylaw Page 106

107 Height.6 The maximum building height is:.1 Principal buildings and structures: 10.5m (34.4ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front 7.5m (24.6ft).2 Rear 0m.3 Side 2.4m (7.9ft) Setback Exceptions.8 Accessory buildings and structures shall be set back at least 3.0m (9.8ft) from rear parcel lines..9 Where a side parcel line is adjacent to a street, the setback from side parcel lines shall be at least 4.5m (14.8ft). Other Regulations.10 A manufactured home is permitted only on parcels with an area of one hectare (2.5 acres) or more..11 A manufactured home is only permitted within or immediately adjacent to the portion of a parcel used for a campground..12 No more than one single detached dwelling or one manufactured home is permitted per parcel. Town of Oliver Zoning Bylaw Page 107

108 29.0 CT2s ZONE Tourist Commercial Site Specific Town of Oliver CT2s Intent: The intent is to provide a zone for site specific tourism activities. Uses Permitted.1 The following uses and no others shall be permitted in the CT2s zone:.1 campground;.2 home occupation, major and minor;.3 hotel;.4 liquor Sales, primary;.5 motel;.6 personal service establishments;.7 restaurant;.8 single detached dwelling or manufactured home; and.9 accessory buildings and uses, including convenience store and indoor and outdoor recreation services. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 465.0m 2 (5005.2ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft) Parcel Coverage.4 The maximum parcel coverage is:.2 Maximum parcel coverage: 35%. Floor Area Ration.5 The maximum floor area ratio is:.3 Maximum FAR: 0.55 Height.6 The maximum building height is: Town of Oliver Zoning Bylaw Page 108

109 .1 Principal buildings and structures: 10.5m (34.4ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.7 For the principal building, the minimum setback from parcel lines are:.1 Front 4.5m (14.8ft).2 Rear 0m.3 Side 2.4m (7.9ft) Setback Exceptions.8 Accessory buildings and structures shall be set back at least 3.0m (9.8ft) from rear parcel lines..9 Where a side parcel line is adjacent to a street the setback from side parcel lines shall be at least 4.5m (14.8ft)..10 The internal side yard setback for buildings and structures adjacent to the southern parcel line shall be at least 0.0m. Other Regulations.11 A manufactured home is permitted only on parcels with an area of one hectare (2.5 acres) or more..12 A manufactured home is only permitted within or immediately adjacent to the portion of a parcel used for a campground..13 No more than one single detached dwelling or one manufactured home is permitted per parcel..14 Notwithstanding the parking requirements in Part 6 of this Bylaw, parking requirements for Office and Personal Service uses, shall be as follows: Class of Building Required Parking Spaces Office and Personal Service Buildings 1 per 33m 2 (355.2ft 2 ) of gross floor area Town of Oliver Zoning Bylaw Page 109

110 30.0 CP ZONE Commercial Parking Town of Oliver CP Intent: The intent is to provide a zone for municipal owned and operated parking lot or structure. Uses Permitted.1 The following uses and no others shall be permitted in the CP zone:.1 parking lot;.2 parking structure; and.3 accessory buildings. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 500.0m 2 (5381.9ft 2 ) Parcel Width.3 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft) Parcel Coverage.4 The maximum parcel coverage is:.1 Maximum parcel coverage: 100%. Height.5 The maximum building height is:.1 Principal buildings and structures: 10.5m (34.4ft).2 Accessory buildings: 5.0m (16.4ft) Town of Oliver Zoning Bylaw Page 110

111 31.0 M1 ZONE Industrial Transition Town of Oliver M1 Intent: The intent is to provide a zone for commercial business activities that are related to industry and manufacturing. Uses Permitted.1 The following uses and no others shall be permitted in the M1 zone:.1 artisan studio;.2 business service establishment;.3 construction services;.4 food and beverage processing;.5 food bank;.6 funeral service;.7 indoor commercial entertainment or recreation;.8 kennel;.9 licensed retail liquor store;.10 liquor sales, primary;.11 mini storage;.12 office;.13 personal service establishment;.14 parking lots, buildings and structures accessory to the permitted uses;.15 retail establishment, minor;.16 service industry establishment, minor;.17 recycled materials depot and drop off center;.18 restaurant;.19 utility service, major;.20 veterinary clinic;.21 wholesale store, warehouses and freight terminals;.22 caretaker or watchman s residence; and.23 accessory use. Conditions of Use.2 A mini storage, warehouse or distribution use shall not contain liquid chlorine, liquefied petroleum gas, explosives as defined in the Explosives Act (Canada), flammable or combustible liquids, substances capable of Town of Oliver Zoning Bylaw Page 111

112 spontaneous combustion, substances that on contact with water emit flammable gases, oxidizing substances, organic peroxides, chlorates, nitrates, radioactive materials, nuclear substances as defined in the Nuclear Safety and Control Act (Canada), or corrosives..3 Service industry establishments shall not include automobile wreckers..4 Food and Beverage processing uses shall not be permitted within a distance of 10.0m (32.8ft) from a lot line adjacent to Main Street, measured perpendicular and horizontal to the lot line adjacent to Main Street..5 Service industry, minor uses shall be permitted only within fully enclosed buildings. Storage of materials or products shall be within or at the rear of the buildings, and screened by the building or other opaque screening so that the materials are not visible from the street fronting the property..6 Food and beverage processing uses shall be designed and operated in a way which prevents the discharge or emission of noxious or toxic matter or vapours, heat, glare, noise or recurrent vibrations which interfere with, disturb or tend to disturb the use of adjacent or neighbouring properties. Parcel Area.7 The minimum parcel area is:.1 Minimum Parcel Area: 975.0m 2 (10,494.8ft 2 ) Parcel Width.8 The minimum parcel width is:.1 Minimum Parcel Width: 30.0m (98.4ft) Parcel Coverage.9 The maximum parcel coverage is:.1 Maximum parcel coverage: 60% Floor Area Ratio.10 The maximum floor area ratio is:.1 Maximum FAR: 3.0. Town of Oliver Zoning Bylaw Page 112

113 Height.11 The maximum building height is:.1 Principal buildings and structures: 15.0m (49.2ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.12 For buildings and structures, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 0m.3 Side 3.5m (11.5ft) Setback Exceptions.13 Where the rear of the parcel abuts a zone other than an industrial zone, the rear setback shall be at least 7.5m (24.6ft)..14 When the side parcel line abuts a zone other than an industrial zone, the side setback shall be at least 6.0m (19.7ft)..15 Where the side parcel line is adjacent to a street, the setback shall be at least 4.5m (14.8ft). Other Regulations.16 Outside storage abutting a zone within which a residential use other than a caretaker or watchman s residence is permitted or separated from such a zone by a highway or lane shall be enclosed by a fence or landscape screen which shall obstruct the storage from view on the sides of the property abutting or facing the zone within which a residential use is permitted. The fence or planting shall be free of advertising. Town of Oliver Zoning Bylaw Page 113

114 Town of Oliver M1 Town of Oliver Zoning Bylaw Page 114

115 32.0 M2 ZONE Light Industrial Town of Oliver M2 Intent: The intent is to provide a zone for light industrial and retail sales auxiliary to the permitted uses. Uses Permitted.1 The following uses and no others shall be permitted in the M2 zone:.1 airport;.2 car and truck wash;.3 construction services;.4 crematorium;.5 education service;.6 food and beverage processing;.7 food bank;.8 funeral service;.9 gasoline service station;.10 industry, including sawmills concrete ready mix plants and abattoirs;.11 automobile recycling;.12 high technology: manufacturing, design and research;.13 manufacturing;.14 service industry establishment, minor and major;.15 wholesale store, warehouses and freight terminals;.16 utility service, major;.17 veterinary clinic;.18 restaurants;.19 accessory buildings and uses, including: retail sales accessory to a primary permitted use; and office(s); and.20 caretaker or watchman s residence. Conditions of Use.2 A mini storage, warehouse or distribution use shall not contain liquid chlorine, liquefied petroleum gas, explosives as defined in the Explosives Act (Canada), flammable or combustible liquids, substances capable of spontaneous combustion, substances that on contact with water emit flammable gases, oxidizing substances, organic peroxides, chlorates, nitrates, nuclear substances as defined in the Nuclear Safety and Control Act (Canada), or corrosives..3 Manufacturing and food and beverage processing uses shall be designed Town of Oliver Zoning Bylaw Page 115

116 and operated in a way which prevents the discharge or emission of noxious or toxic matter or vapours, heat, glare, noise or recurrent vibrations which interfere with, disturb or tend to disturb the use of adjacent or neighbouring properties. Parcel Area.4 The minimum parcel area is:.1 Minimum Parcel Area: m 2 (10,763.9ft 2 ) Parcel Width.5 The minimum parcel width is:.1 Minimum Parcel Width: 30.0m (98.4ft) Parcel Coverage.6 The maximum parcel coverage is:.1 Maximum parcel coverage: 60%. Floor Area Ratio.7 The maximum floor area ratio is:.1 Maximum FAR: Height.8 The maximum building height is:.1 Principal buildings and structures: 15.0m (49.2ft).2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.9 For the principal building, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 0m.3 Side 3.0m (9.8ft) Town of Oliver Zoning Bylaw Page 116

117 Setback Exceptions.10 Where the rear of the parcel abuts a zone other than an industrial zone, the rear setback shall be at least 7.5m (24.6ft)..11 Where a lane separates a parcel from a zone other than an industrial zone, the rear setback shall be 0m..12 When the side parcel line abuts a zone other than an industrial zone, the side setback shall be at least 6.0m (19.7ft)..13 Where the side parcel line is adjacent to a street, the setback shall be at least 4.5m (14.8ft). Other Regulations.14 Outside storage abutting a zone within which a residential use other than a caretaker or watchman s residence is permitted or separated from such a zone by a highway or lane shall be enclosed by a fence or landscape screen, which shall obstruct the storage from view on the sides of the property abutting or facing the zone within which a residential use is permitted. The fence or planting shall be free of advertising. Town of Oliver Zoning Bylaw Page 117

118 Town of Oliver M2 Town of Oliver Zoning Bylaw Page 118

119 33.0 P1 ZONE Public/Institutional Town of Oliver P1 Intent: The intent is to provide a zone for areas that serve the educational, health, civic, cultural, recreational and social needs of residents. Uses Permitted.1 The following uses and no others shall be permitted in the P1 zone:.1 art gallery;.2 assembly;.3 cemetery;.4 civic use;.5 day care center, minor and major;.6 education service, minor and major;.7 hospital;.8 indoor and outdoor recreational facilities, including: curling rink, hockey arena, soccer and football fields, running track, swimming pool and skateboard park;.9 library;.10 museum;.11 office;.12 park and playground; and.13 accessory buildings or uses, including: workshops, storage, offices, retail sales, restaurants and concessions. Conditions of Use.2 Accessory buildings or uses shall not include exterior storage, or garages for the repair and maintenance of vehicles or equipment. Parcel Area.3 The minimum parcel area is:.1 Minimum Parcel Area: 450.0m 2 (4843.7ft 2 ) Parcel Width.4 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft) Town of Oliver Zoning Bylaw Page 119

120 Parcel Coverage.5 The maximum parcel coverage is:.1 Maximum parcel coverage: 50% Floor Area Ratio.6 The maximum floor area ratio is:.1 Maximum FAR: Height.7 The maximum building height is:.1 Principal buildings and structures: 18.0m (59.1ft)..2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.8 For the buildings and structures, the minimum setback from parcel lines are:.1 Front 6.0m (19.7ft).2 Rear 6.0m (19.7ft).3 Side 1.5m (4.9ft) Setback Exceptions.9 Where a side parcel line is adjacent to a street, the setback from side parcel lines shall be at least 3.5m (11.5ft). Town of Oliver Zoning Bylaw Page 120

121 Town of Oliver P1 Town of Oliver Zoning Bylaw Page 121

122 34.0 P2 ZONE Major Park Town of Oliver P2 Intent: The intent is to provide a zone for park, open space and recreation needs of residents. Uses Permitted.1 The following uses and no others shall be permitted in the P2 zone:.1 cemetery;.2 golf course;.3 park and playground;.4 retail trade and rental establishments for sports and non motorized recreational equipment including a concession building;.5 non commercial greenhouse or nursery;.6 outdoor market or trade show;.7 outdoor public entertainment, amusement and recreation facilities including carnivals and circuses;.8 public parking lot; and.9 accessory buildings and uses. Parcel Area.2 The minimum parcel area is:.1 Minimum Parcel Area: 900.0m 2 (9687.5ft 2 ) Parcel Width Parcel Coverage.3 The minimum parcel width is:.1 Minimum Parcel Width: 15.0m (49.2ft).4 The maximum parcel coverage is:.1 Maximum parcel coverage: 25.0% Floor Area Ratio.5 The maximum floor area ratio is:.1 Maximum FAR: Height.6 The maximum building height is: Town of Oliver Zoning Bylaw Page 122

123 .1 Principal buildings and structures: 15.0m (49.2ft)..2 Accessory buildings: 5.0m (16.4ft) Setback Requirements.7 For the buildings and structures, the minimum setback from parcel lines are.1 Front 7.5m (24.6ft).2 Rear 7.5m (24.6ft).3 Side 1.5m (4.9ft) Setback Exceptions.8 Where a side parcel line is adjacent to a street, the setback from side parcel lines shall be at least 3.5m (11.5ft). Town of Oliver Zoning Bylaw Page 123

124 Appendix 1 Regional District of Okanagan Similkameen Zone Regulations Town of Oliver Appendix 1 Town of Oliver Zoning Bylaw Page 124

125 10.2 AGRICULTURE ONE ZONE (AG1) Permitted Uses: 17 Principal Uses: a) agriculture subject to Section 7.22, including sales, subject to Section 7.24; b) veterinary establishments; c) kennels, subject to Section 7.22; d) stables, subject to Section 7.22; e) single detached dwellings; Secondary Uses: f) additional dwelling for farm labour, subject to Section 7.11; g) home occupations in a principal dwelling or accessory building, subject to Section 7.17; h) home industries, subject to Section 7.18; i) bed and breakfast operations, subject to Section 7.19; j) accessory buildings and structures, subject to Section 7.13; k) processing of farm and off-farm products, including sales, subject to Section 7.24; l) packing and storage of farm products, including sales, subject to Section 7.24; m) wineries and cideries, including sales, subject to Section 7.24; n) fruit stands, subject to Section 7.24; o) secondary suites, subject to Section Site Specific Agriculture One (AG1s) Provisions : a) see Section Minimum Parcel Size: a) 4 ha, subject to servicing requirements; b) where the Provincial Land Reserve Commission permits a subdivision under the homesite severance policy, there shall be a minimum parent parcel size of 3.5 hectares, subject to servicing requirements. 17 Amendment Bylaw No ,2010 adopted September 15, 2011 Oliver Rural Zoning Bylaw 2453,

126 Minimum Parcel Width: a) Not less than 25% of the parcel depth Maximum Number of Dwellings Permitted Per Parcel: 18 a) the number of additional dwellings for farm labour and seasonal accommodation facilities permitted per parcel shall be as follows: Parcel Area Maximum number of additional dwellings Maximum seasonal accommodation facility (saf) Less than ha 3.5 to 7.9 ha to 11.9 ha 2 OR 1 70 m 2 additional dwelling plus saf up to 70 m 2 OR 0 additional dwellings and saf up to 140 m 2 12 to 15.9 ha 3 OR 2 70 m 2 additional dwellings plus saf up to 70 m 2 OR 1 additional dwelling plus saf up 140 m 2 OR 0 additional dwellings and saf up to 210 m 2 Greater than 16 ha 4 OR 3 70 m 2 additional dwellings plus saf up to 70 m 2 OR 2 70 m 2 additional dwellings plus saf up to 140 m 2 OR 1 70 m 2 additional dwelling plus saf up to 210 m 2 OR 0 additional dwellings and saf up 280 m 2 OR for Parcels greater than 8 hectares: Parcel area Additional farm help dwellings* Principal dwellings OR Additional farm help dwellings* Principal dwellings** 8 to 11.9 ha to 15.9 ha * or a combination of additional farm help dwellings and SAF as indicated above ** Two principal dwellings will be limited to a total of 1000 m 2 of residential footprint area. b) Seasonal Accommodation Facilities are only permitted under the following conditions to satisfy demand for seasonal farm help on parcels classified as farm for assessment purposes. Seasonal Accommodation Facilities: i) must include no more than 15m 2 of private space per sleeping unity; 18 Amendment Bylaw No ,2010 adopted September 15, 2011 Oliver Rural Zoning Bylaw 2453,

127 ii) must include shared cooking and washroom facilities; iii) must meet standards contained within the Guidelines for the Provision of Seasonal Housing for Migrant Farm Workers in BC Minimum Setbacks: 19 a) Principal buildings, principal dwellings, additional dwelling for farm labour, accessory buildings and structures, or agri-tourist accommodation, subject to Section 7.22, on parcels 2,020 m 2 or greater: i) Front parcel line: 7.5 metres ii) Rear parcel line: 7.5 metres iii) Exterior side parcel line: 7.5 metres iv) Interior side parcel line: 4.5 metres b) Wineries, cideries, packing and storage facilities, and home industry in an accessory building, subject to Section 7.22, and despite (a): i) 7.5 metres from a front, rear, interior or exterior side parcel line or the maximum height of the building, whichever is greater c) Principal buildings or principal dwellings, subject to Section 7.22, on parcels less than 2,020 m 2 : i) Front parcel line: 7.5 metres ii) Rear parcel line: 7.5 metres iii) Exterior side parcel line: 4.5 metres iv) Interior side parcel line: 1.5 metres v) where there is no rear lane, no building or structure or part thereof shall be located within 3.0 metres of one side parcel line d) Accessory buildings and structures, subject to Section 7.22, on parcels less than 2,020 m 2 : i) Front parcel line: 7.5 metres ii) Rear parcel line: 1.0 metres iii) Exterior side parcel line: 4.5 metres iv) Interior side parcel line: 1.0 metres v) where there is no rear lane, no building or structure or part thereof shall be located within 3.0 metres of one side parcel line. 19 Amendment Bylaw No ,2010 adopted September 15, 2011 Oliver Rural Zoning Bylaw 2453,

128 Maximum Height: a) No building, accessory building or structure shall exceed a height of 10.0 metres Maximum Parcel Coverage: 20 Parcel size Less than and equal to 0.8 ha Coverage Maximum of 800 m 2 for all buildings and structures Parcel size Residential footprint* Greenhouses All other buildings Greater than 0.8 ha and less than 10.0 ha 600 m 2 for one principal dwelling; no more than 1000m 2 for two principal dwellings Up to 70% but not to exceed 75% of total parcel coverage 3% 10.0 ha and greater 600 m 2 for one principal dwelling; no more than 1000m 2 for two principal dwellings Up to 70% but not to exceed 75% of total parcel coverage 3% up to a maximum of 3600 m 2 *Residential use buildings and structures include the principal dwelling, carport, garage, workshop, residential storage, swimming pool, tennis court and other similar residential related buildings or structures 20 Amendment Bylaw No ,2010 adopted September 15, 2011 Oliver Rural Zoning Bylaw 2453,

129 15.3 CONSERVATION AREA ZONE (CA) Permitted Uses: Principal Uses: a) conservation areas; Secondary Uses: b) one (1) accessory dwelling per parcel, subject to Section 7.11; c) interpretation centres; d) retail stores, general, not to exceed 200 m 2 gross floor area; e) accessory buildings and structures, subject to Section Site Specific Conservation Area (CAs) Provisions : a) see Section Minimum Setbacks: a) All Buildings: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 4.5 metres iv) Exterior side parcel line 4.5 metres Maximum Parcel Coverage: a) 5% Oliver Rural Zoning Bylaw 2453,

130 14.0 INDUSTRIAL 14.1 INDUSTRIAL (LIGHT) ONE ZONE (I1) Permitted Uses: Principal Uses: a) manufacturing, provided that use is entirely contained within a building; b) service industries; c) log home manufacturing; d) packing, storage and processing of food products; e) building supply centres; f) wholesale and distribution facilities and warehouses; g) veterinary establishments; Secondary Uses: h) sales accessory to the uses in Section (a), (b), (c), (d); i) one (1) accessory dwelling, subject to Section 7.11; j) accessory buildings and structures, subject to Section Site Specific Industrial (Light) One (I1s) Provisions : a) see Section Minimum Parcel Size: a) 1,010 m 2, subject to servicing requirements Minimum Parcel Width: a) 30.0 metres Minimum Setbacks: a) Principal buildings: i) Front parcel line 10.0 metres ii) Rear parcel line 15.0 metres iii) Interior side parcel line 15.0 metres iv) Exterior side parcel line 10.0 metres Oliver Rural Zoning Bylaw 2453,

131 b) Accessory buildings and structures: i) Front parcel line 10.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 3.0 metres iv) Exterior side parcel line 4.5 metres Maximum Building Height: a) No building or structure shall exceed a height of 15.0 metres; b) No auxiliary building shall exceed a height of 7.0 metres Maximum Parcel Coverage: a) 40% Oliver Rural Zoning Bylaw 2453,

132 14.3 INDUSTRIAL (SPECIALISED) THREE ZONE (I3) Permitted Uses: Principal Uses: a) gravel processing; Secondary Uses: b) sales; c) one (1) accessory dwelling, subject to 7.11; d) accessory buildings and structures, subject to Section Site Specific Industrial (Specialised) Three (I3s) Provisions : a) see Section Minimum Setbacks: a) No building or structure shall be located within 10.0 metres of any parcel line. b) No gravel processing operation shall be located within 50.0 metres of any parcel line Maximum Parcel Coverage: a) 20% NOTE: Despite the requirements of this Bylaw, resource extraction operations and permits are subject to Provincial regulations. Oliver Rural Zoning Bylaw 2453,

133 Gala St Nicola St Main St St Riesling Pl Vineyard Rd Teal St Spillway Rd TOWN OF OLIVER DATE CREATED: JANUARY, Meters Bulrush Rd CT1 Merganser Pl Mallard Pl CT2 Bufflehead Pl RS1 RS1 Heron Ct Tucelnuit Dr Pelican Pl RS3 AG Zinfandel Ave Pinot Lakeside Dr Pl W1 AG Chardonnay Pl RS2 RM4 RS2 Chardonnay Ave RM4 Shiraz Ave RD RS1 Tuk-El-Nuit Lake RCD1 Mountainview Dr Cabernet Pl AG1 CA I1 RS1 Gamay Ct P2 Lakeside Dr Kingfisher Pl RM2 Redwin g Pl RS2 Merlot Ct CT2 RSM RS1 Teal Ct P2 Oxbow Meadows Dr Mountainview Ct M erlo t Ave RM2 P1 RM2 AG Willows Place Cr DRAFT JUNE, 2012 P2 Earle Cres RSM Hillside Pl Hillside St Hollow St RCs RD Hillcrest Ave Kootenay St RCD RM2 CS1 CT2 Station St RM3 RM2 RM3 Bellevue Dr Meadows Dr RAL1s RS3 RS1 S Lakeview Eastside Ave a la m a n der Ave Mountainview Dr RM3 Pl Parkview Ave Eastside Lakeside Dr Ln RM4 Lakeside Dr Lakeside Ct RD C1 Badger St RM2 RM3 P1 P1 RM2 Coyote St Park Dr RS1 RSM RS3 Wolfcub Pl Tucelnuit Dr P1 RM1 P1 Bing Ave Haven St P1 Veterans Ave RM4s RM3 Park Dr RM4 McKinney Rd RM3 Tilton Ave C3 Bank Ave P1 P1 Bartlett Ave Church Ave P1 RM1 P2 RM1 P2 P2 RD P1 Spartan St School Ave RS2 Martin Pl RD School Ave RM4 RS1 C3 P1 RS1 P1 Fairview Rd CS1 P1 C3 AG Spillway Rd RM4 Eveningstar Cr Eveningstar Ct Spartan Pl C3 Black Sage Rd Spartan St P1 Gala St Saint RM3 RS1 C3 RS1 C3 P1 M1 RS1 RS3 RM4 CP RM2 St Kootenay CS1 Co-op Ave Airport AG Morningstar Ct Morningstar Rd Rockcliffe Flora St Rd Dividend St Shamrock Pl Dividend Ct Stemwinder St Ness Ct Stemwinder Ave RM1 Panorama Place RS2 Fairview Rd P2 RD Tulameen St Kettle Ave Kettle Ct P1 RD RM3 RS2 Okanagan St Okanagan St Similkameen Ave RM4 RM2 P1 CS1 C2 CT2 CS1 RS1 Main St C2 CT2 RM3 CT2s P1 RM3 Airport St Packinghouse Ln C2s Similkameen Ave Pine Ave M2 Fir Ave Hemlock St RD P2 Panorama Panorama Ct Columbia Pl Columbia St RD RM2 Granby Ave RD C2 CT2 CS1 CT2 RS1 Sawmill Rd AG1 Rockcliffe Pl Cr Main St RS1 P1 Spruce Ave RM3 Fairview Pl RS2 Skagit Ave CT2 P1 RS1 Cessna St AG1 RS1 Walnut Pl Princess Pl Fairview Pl Fairview Rd RM3 RS1 RS2 I3 M2 AG AG Maple Ave CT2 Airport St RS1 CA Southwind Ave Dogwood Lane No 1 Rd CA Oak Ave C2 Oak Pl Town of Oliver Zoning Bylaw No. 1330, 2012 Agriculture and Openland (AG) Neighbourhood Commercial (C1) Transition Commercial (C2) Transition Commercial: Site Specific (C2s) Town Center (C3) Service Commercial (CS1) Tourist Commercial 1 (CT1) Tourist Commercial 2 (CT2) Tourist Commercial Site Specific (CT2s) Commercial Parking (CP) Industrial Transition (M1) Light Industrial (M2) Public/Institutional (P1) Major Park (P2) Single Family Residential (RS1) Single Family Residential (RS2) Single Family Residential (RS3) Manufactured Home Park (RSM) Two Family Residential (RD) Multi-Family Dwelling (RM1) Multi-Family Dwelling (RM2) Multi-Family Dwelling (RM3) No 1 Rd Multi-Family Dwelling (RM4) Multi-Family Dwelling: Site Specific (RM4s) Residential Assisted Living: Site Specific (RAL1s) Resort Commercial: Site Specific (RCs) Comprehensive Residential Development (RCD) Comprehensive Residential Development (RCD1) AG1 (RDOS) CA (RDOS) I1 (RDOS) I3 (RDOS) SCHEDULE B