ELECTORAL AREA G RURAL LAND USE BYLAW NO. 1335, 1998

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1 ELECTORAL AREA G RURAL LAND USE BYLAW NO. 1335, 1998 CONSOLIDATED FOR CONVENIENCE ONLY AND HAS NO LEGAL SANCTION MAPPING SCHEDULES are available on the RDCK s WebMap (PIMS), please refer to the tutorial on the WebMap (PIMS) site for instructions on how to view the mapping. Printable copies are available by contacting the RDCK GIS department. Adopted March 20, 1999

2 REGIONAL DISTRICT OF CENTRAL KOOTENAY Electoral Area G Rural Land Use Bylaw No. 1335, 1998 Adopted March 20, 1999 THIS CONSOLIDATED COPY IS FOR CONVENIENCE ONLY AND HAS NO LEGAL SANCTION LIST OF AMENDMENTS TO RURAL LAND USE BYLAW No. 1335, 1998, UP TO (see date at bottom of last page of amendments), WHICH ARE INCLUDED IN THIS CONSOLIDATED VERSION OF THE BYLAW Bylaw No. (File No.) 1452 (Z0010G ) 1453 (Z0011G ) 1487 (Z0101G-Block) Adopted Amendment Intent January 27, 2001 Schedule B, Map Sheet 8 of 12, rezoning Block A, District Lot 1242, Kootenay District Plan X59, SL 48, (Ref. Plan 62096I) except Plan NEP19236 from OPEN SPACE (OS) to RURAL RESIDENTIAL (R2) January 27, 2001 Schedule B, Map Sheet 6 of 12, Parcel B (KP163717) Block 20, District Lot 1242, Kootenay District Plan 640 from COMMUNITY RESIDENTIAL (R1) to COMMERCIAL (C1). January 26, 2002 Schedule B, Map Sheets 2, 3 and 4 of 12 by altering the zone designation of properties as listed in Schedule A of Bylaw See list attached. To permit construction of a dwelling on the property. To permit operation of a hotel and tour business To rezone those properties removed from the ALR resulting from the RD s block exclusion application July 23, 2005 Schedule B Map by rezoning a 3.04 ha portion of Lot 1, District Lot 1242, Kootenay District Plan 9217, except part included in Plan from RURAL RESIDENTIAL (R3) to COMMERCIAL (C1) (Z0716G ) June 23, 2007 Schedule B Map by rezoning Subsidy Lot 66, District Lot 1237, Kootenay District, Plan X70 from OPEN SPACE (OS) to RURAL RESIDENTIAL (R3) To allow for the development of 10 cabins (approx. 550 sq. ft. each) for tourist accommodation. To allow the property owners to building a single family dwelling.

3 Page 2 of (Text Amendment) June 23, 2007 Schedule A amendments: Sec. 110 amend Kennels (maximum ten dogs over 1 year of age) - Sec. 118 amend Kennels (maximum ten dogs over 1 year of age) - Interpretation amend definition of Veterinary clinic Text Amendment 1904 (Z0706G ) 1939 Z0715G Z0718G Z0802- RDCK-MTI 2007 Z0817G August 25, 2007 Schedule B Map by rezoning a 4 ha. Portion of a property legally described as Sublot 1, District Lot 1241, Kootenay District, Plan X58, Except Part included in Plan NEP23657 (PID ) from Country Residential (R2) to Commercial (C1) March 29, 2008 replace Schedule A, Part II, Section 56 with Despite any other provision of this bylaw, any lot located on any land rated as an E or P on a Non Standard Flood and Erosion Area of the Regional District of Central Kootenay Floodplain Management Bylaw No. 1650, 2004, and amendments thereto, cannot be further subdivided unless flood protective works are constructed to an appropriate standard as determined by the authority having jurisdiction and maintained by an ongoing authority. March 29, 2008 Schedule A, Part II, Forest Land Reserve (FR) Permitted Uses, 160, the following be removed: A use specifically permitted by the Forest Land Commission. December 13, Amend Enforcement Regulations 2008 January 24, 2009 Amend Schedule B Map by rezoning PID Lot 5, DL 1237, PL from Rural Residential (R3) to Country Residential (R2) To allow for the existing Apex Guest House, construction of two guest cabins and related camping facilities. To update language to comply with the current Floodplain Management Bylaw No To remove outdated references in the FR designation to the defunct Forest Land Commission. To allow Municipal Ticketing on violations to the bylaw. To facilitate a 2-lot subdivision June 25, 2009 Amend Schedule A To clarify the intent, size

4 Page 3 of Z Z0913 Interpretation by adding definitions for ACCESSORY BUILDING OR STRUCTURE and PRINCIPAL DWELLING; Replace Schedule A Community Residential (R1), Development Regulations 102. and number of accessory buildings or structures in the R1 zones. May 20, 2010 Add 86.A Shipping Containers The amendments include language to allow shipping containers in all zones with restrictions 2179 Z1008G _ Z1303- G Z1305G- RLUB_AG_AMEN D Z MMPR February 24, 2011 March 31, 2011 June 20, 2013 November 21 st, 2013 August 21 st, 2014 Amend Schedule B Map by rezoning PID Lot 2 DL 1237 KD Plan from Rural Residential (R3) to Country Residential (R2) Amend Schedule A by including GHG Emission Reduction targets, policy and objectives Amend Schedule B Map by rezoning PID Lot A District Lots 1238 and 1242 Kootenay District Plan 8899 from Rural Residential (R3) to Commercial (C1) Amend Agriculture (AG) zone to include text similar to that found elsewhere in the RDCK to accommodate MMGO s and farm uses as defined by the Agricultural Land Commission Amend Agriculture (AG) zone and Light Industrial (M1) zone to include general regulations on Licensed Medical Marihuana Production and Research Facilities To allow for two dwellings on the property. To allow the RDCK to meet obligations under Bill 27 Green Statutes regulation To allow for development of a small tourist lodge and cabins To accommodate MMGO s and farm uses as defined by the Agricultural Land Commission To provide clarity and general regulations for MMGO s in Agricultural and Industrial zones September 2014

5 Page 4 of 56 Properties and zoning amendments listed in Schedule A of Electoral Area G Rural Land Use Amendment Bylaw No From Agriculture (AG) Rural Residential (R3) Folio PID LEGAL DL 1237, Plan 1761, Blk 2, SL 71, for MHR see Folio DL 1237, Plan 1747, SL DL 1237, Plan X70, Pcl A, SL 67 (Ref Pl I) DL 1237, Plan X70, SL 62, except Plan DLs 273 and 1237, Plan 17516, Lot B DLs 273 and 1237, Plan 17516, Lot A DL 273, Blk 3, except Plan R DL 273, Plan 5661, Manufactured Home Reg From Agriculture (AG) to Commercial (C1) / Rural Residential (R2) Folio PID LEGAL DL 273, Blk 6, except Plan R134 NEP23345 & exc. Pcl A Ref Pl From Agriculture (AG) to Environmental Reserve (ER) Folio PID LEGAL G-Crown Crown DL 273, SL 71 G-Crown Crown Dl 273, Block 2

6 REGIONAL DISTRICT OF CENTRAL KOOTENAY Electoral Area G Rural Land Use Bylaw No. 1335, 1998 A bylaw to guide the development and redevelopment within a portion Electoral Area G pursuant to Part 26 of the Municipal Act of British Columbia. The BOARD of the Regional District of Central Kootenay in open meeting assembled, ENACTS as follows: TITLE This Bylaw may be cited for all purposes as the Electoral Area G Rural Land Use Bylaw No. 1335, APPLICATION The Electoral Area G Rural Land Use Bylaw No. 1335, 1998 applies to the portion of Electoral Area G of the Regional District of Central Kootenay as outlined on Zoning Maps 1-12 of Schedule B. The provisions of this Bylaw include: Schedule A - Interpretation, Part I (Objectives and Policies) and Part II (General Regulations) Schedule B - Zoning (Maps 1-12), The attached schedules form part of this Bylaw and constitute the Regional District of Central Kootenay s, Electoral Area G Rural Land Use Bylaw No. 1335, 1998 pursuant to Part 26 of the Municipal Act of British Columbia. AUTHORITY AND REQUIREMENT OF THE LEGISLATION 1. Jurisdiction of Local Government 1.1. Section 886 of the Municipal Act gives the Regional District authority to enact a rural land use bylaw Section 887 of the Municipal Act lists the elements that may be addressed in a rural land use bylaw Section 904 of the Municipal Act allows the Regional District to require owners or occupiers of land, buildings or structures to provide off-street parking and loading spaces Section 946(4) of the Municipal Act allows the Regional District to establish the minimum parcel size to allow subdivision to provide a residence for a relative.

7 Page 6 of Amendment Procedure 2.1. The Rural Land Use Bylaw may be amended by the Board of the Regional District on its own initiative or in response to an application for amendment Amendments to this bylaw may be made pursuant to all applicable requirements of the Municipal Act and any applicable Regional District of Central Kootenay Planning Procedures Bylaw. 3. Administration 3.1. The Bylaw Enforcement Officer and such other persons appointed by the Board of the Regional District of Central Kootenay is hereby authorized to administer and enforce this Bylaw and to enter, at all reasonable times, on any property to inspect and determine whether all regulations, prohibitions, and requirements of this Bylaw are being met. 4. Violation 4.1. Any person who: 5. Penalty & Offence Violates any of the provisions of this Bylaw commits an offence; 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 use, construction or subdivision 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; or Prevents or obstructs or attempts to prevent or obstruct the authorized entry of a bylaw enforcement officer onto property; Will be guilty, upon summary conviction, of an offence under this Bylaw Any person who violates bylaw provisions may, on summary conviction, be liable to a minimum penalty of not less then two hundred dollars ($200.00), plus the cost of prosecution, pursuant to the Offence Act of British Columbia Penalties will double upon the third and subsequent offences The penalties imposed under this section are a supplement and not a substitute for any other remedy to an infraction of this bylaw Penalties are subject to the conditions of the RDCK Municipal Ticket Information Utilization Bylaw No. 1907, Each day s continuance of an offence under this bylaw constitutes a new and distinct offence.

8 Page 7 of Units of Measure 6.1. All units of measure contained within this bylaw are metric standards. The approximate imperial measurement equivalents are provided for convenience only. 7. Severability 7.1. If any portion of this bylaw is held to be invalid by a court of competent jurisdiction, the validity of the remaining portions of this bylaw shall not be affected. 8. Appeals 8.1. An appeal for a minor variance may be available to the Board of Variance in accordance with section 901 of the Municipal Act A Development Variance permit may be issued by the Board subject to section 922 of the Municipal Act. 9. Repeal 9.1. The North Electoral Area G Rural Land Use Bylaw No. 1266, 1997, is hereby repealed. READINGS, APPROVAL AND ADOPTION READ A FIRST TIME this 24th day of October, READ A SECOND TIME this 24th day of October, WHEREAS A PUBLIC HEARING was held on the 25th day of November, READ A THIRD TIME this 12th day of December, APPROVED under Section 54 of the Highways Act this 15th day of December, Dale Jeffs District Development Technician, Ministry of Transportation and Highways APPROVED by the Minister of Municipal Affairs and Housing this 11th day of March, 1999, approval # ADOPTED this 20th day of March, H. Cunningham Chair Barry Baldigara Secretary

9 Page 8 of 56 Electoral Area G Rural Land Use Bylaw No. 1335, 1998 TABLE OF CONTENTS TITLE... 5 APPLICATION... 5 AUTHORITY AND REQUIREMENT OF THE LEGISLATION... 5 READINGS, APPROVAL AND ADOPTION... 7 INTERPRETATION PART I - OBJECTIVES AND POLICIES DEVELOPMENT OBJECTIVES POLICIES Residential Development Agricultural Development Commercial Development Industrial Development Open Space Environmental Recreation Greenhouse Gas Emission Reduction Targets Land Use Change and Development Temporary Industrial/Commercial Permit Areas Hazard Lands PART II - GENERAL REGULATIONS Non-Conforming Uses and Siting Grandfathering Clear Vision Area Site Areas Reduction of Minimum Site Areas Subdivision Servicing Requirements Setbacks Setback Exceptions Home Occupations Bed and Breakfast Accommodation Uses Permitted in All Zones Parking Space Requirements Off-Street Loading Facilities Keeping of Farm Animals Hazard Land Development Mining Activities Page

10 Page 9 of 56 Zone Designations Shipping Containers Zone Boundaries COMMUNITY RESIDENTIAL (R1) Permitted Uses Development Regulations COUNTRY RESIDENTIAL (R2) Permitted Uses Development Regulations RURAL RESIDENTIAL (R3) Permitted Uses Development Regulations MANUFACTURED HOME PARK (R4) Permitted Uses Manufactured Home Parks AGRICULTURE (AG) Permitted Uses Development Regulations Buildings Per Lot Special Setbacks Other COMMERCIAL (C1) Permitted Uses Development Regulations LIGHT INDUSTRIAL (M1) Permitted Uses Development Regulations HEAVY INDUSTRIAL (M2) Permitted Uses Development Regulations INDUSTRIAL RAILWAY (M3) Permitted Uses Development Regulations MEDIUM INDUSTRIAL (M4) Permitted Uses Development Regulations PARK AND RECREATION (PR1) Permitted Uses... 48

11 Page 10 of 56 Development Regulations SPECIAL RECREATION (PR2) Permitted Uses Development Regulations OPEN SPACE (OS) Permitted Uses Development Regulations QUARRY (Q) Permitted Uses Development Regulations FOREST LAND RESERVE (FR) Permitted Uses Development Regulations ENVIRONMENTAL RESERVE (ER) Permitted Uses Development Regulations INSTITUTIONAL (I1) Permitted Uses Development Regulations SPECIAL INSTITUTIONAL (I2) Permitted Uses Development Regulations... 55

12 INTERPRETATION Electoral Area G Rural Land Use Bylaw No. 1335, 1998 Page 11 of 56 Schedule A Electoral Area G Rural Land Use Bylaw No. 1335, 1998 In this bylaw, unless the context otherwise requires: ACCESSORY means a use or structure naturally and normally incidental, subordinate and devoted to the principal use or structure and located on the same lot or site, but not for purposes of human habitation unless specifically stated; ACCESSORY BUILDING OR STRUCTURE means a detached building or structure located on the same parcel as the principal building, the use of which is subordinate, customarily incidental, and exclusively devoted to that of the principal building; BUILDING means a structure having a roof supported by columns, posts or walls, used for the shelter or accommodation of persons, animals, chattels, or property of any kind, and includes a mobile home; BYLAW ENFORCEMENT OFFICER means the Bylaw Enforcement Officer of the Regional District of Central Kootenay; COMMUNITY SEWER SYSTEM means a common sewer, or system of sewerage or sewage disposal, which serves two (2) or more lots and is regulated under the Health Act and/or Waste Management Act; COMMUNITY WATER SYSTEM means a system of waterworks approved within the meaning of the Health Act which is (1) owned, operated and maintained by the Regional District, an Improvement District, an Irrigation District or Utility operating under the jurisdiction of the Ministry of Environment, Lands & Parks, or (2) a waterworks system operated and maintained by a Strata Corporation, or (3) a water users community as defined in the Water Act; DAY CARE FACILITY means a building licensed as a community care facility under the Community Care Facility Act and in which care, supervision or any form of educational or social training not provided under the School Act is provided for any portion of the day to three (3) or more children under six (6) years of age not forming part of the operator's family; DWELLING means a building, occupied exclusively as a home, residence or sleeping place by one (1) or more persons, but shall not include hotels, motels, auto courts, motor hotels or institutions; DWELLING UNIT means one (1) or more habitable rooms constituting a self-contained unit with a separate entrance, and used or intended to be used together for living and sleeping purposes for not more than one (1) family and containing a separate and properly ventilated kitchen with a sink and cooking facilities and a bathroom with a water closet, wash basin and a bath and/or shower; DWELLING, MULTIPLE FAMILY means any building consisting of three (3) or more dwelling units, each of which is occupied or intended to be occupied as the permanent home or residence of a family;

13 Page 12 of 56 DWELLING, DUPLEX means any building divided into two (2) dwelling units, each of which is occupied or intended to be occupied as the permanent home or residence of one (1) family; DWELLING, SINGLE DETACHED means any building consisting of one dwelling unit which is occupied or intended to be occupied as the permanent home or residence of one (1) family; EXTERIOR SIDE LOT LINE means the lot line or lines not being the front or rear lot line, common to the lot and a street; FAMILY means: one (1) or more persons related by blood, marriage, adoption or foster parenthood, occupying a dwelling unit; or not more than five (5) unrelated persons sharing a dwelling unit; or residents of a group home; FARM ANIMALS means horses, cattle, sheep, goats, swine, mink, poultry, rabbits and species regulated by the Game Farm Act; FARM BUSINESS means a business in which one or more farm operations are conducted, and includes a farm education or farm research institution to the extent that the institution conducts one or more farm operations; FARM OPERATION means an activity in carrying out a farm business as defined in the Farm Practices Protection Act. FEED LOT means a commercial enterprise in which livestock, poultry, or game, to an equivalent of ten (10) or more animal units, are kept in a confined area and sustained by a means other than grazing, and fed in an intensive manner for the purpose of growing and finishing; FRONT LOT LINE means the lot line common to the lot and an abutting street, or where there is more than one (1) lot line common to abutting streets, the shortest of these lines shall be considered as the front lot line; or in the case of a lot abutting two (2) parallel or approximately parallel streets, the lot lines abutting these two (2) streets shall be considered as front lot lines; GAME means game as defined in the Game Farm Act that is being raised for a farm operation under licence issued pursuant to that Act; G.F.A. means the Gross Floor Area; G.L.A. means Gross Leasable Area; GROSS FLOOR AREA means the sum of the horizontal areas of each storey of the building measured from the exterior faces of the exterior walls. The gross floor area measurement is exclusive of areas of unfinished basements, unfinished attics, attached garages, carports, breezeways, and unenclosed porches, balconies and terraces; GROSS LEASABLE AREA means the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines or upper floors, expressed in square metres and measured from the centreline of joint partitions and from outside wall faces;

14 Page 13 of 56 GROUP CARE FACILITIES means structures used for the housing of up to eight special needs individuals; HEIGHT means the vertical distance measured from the average finished ground level at the perimeter of a building or structure to the highest point of the structure; HIGHWAY includes all public streets, roads, ways, trails, lanes, bridges, trestles, ferry landings and approaches and any other public ways; HOBBY AGRICULTURE means the growing, rearing, producing and harvesting of agricultural products and the rearing of livestock, excluding feed lots, mink farms, mushroom farms, poultry farms and pig farms; INTERIOR SIDE LOT LINE means the lot line or lines, not being the front or rear lot line, common to more than one lot or to the lot and a lane; JUNKYARD means an open area where old or used materials including, but not limited to metals, paper, rags, rubber tires, bottles and vehicles, are bought, sold, exchanged, stored, baled, packed, disassembled or handled for commercial or non commercial purposes; KENNEL means a building, structure, compound, group of pens or cages or property where four or more dogs or cats are, or are intended to be trained, cared for, bred, boarded or kept; LANDSCAPE SCREEN means a continuous fence, wall, compact evergreen hedge or combination thereof that would effectively screen the property which it encloses and is broken only by access drives, walks and lanes; LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY means the use of land, buildings or structures for the cultivation, processing, testing, research and development, destruction, packaging, storage and shipment of marihuana used for medical purposes as permitted and licensed by Canada. A licensed facility also includes office functions that are directly related to and in support of growing and cultivation activities; LICENSED MEDICAL MARIHUANA RESEARCH AND DEVELOPMENT FACILITY means a facility used for the research and development of medical marihuana only in a fully enclosed building as lawfully sanctioned by Canada under the Controlled Drugs and Substances Act (as amended from time to time); LIVESTOCK means any ungulate including cattle, goats, horses, sheep, swine, farmed game, mules, asses, musk oxen, llamas and alpacas; LODGE means an establishment for the use of tourists consisting of three or more attached or detached sleeping units and which includes a restaurant and recreation facilities; LOT has the same meaning as parcel under the Municipal Act, and means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway; MANUFACTURED HOME means any structure, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to

15 Page 14 of 56 another by being towed or carried, and to provide a dwelling house or premises, and which conforms to the requirements of the British Columbia Building Code; MANUFACTURED HOME PARK means a manufactured home park as defined in any applicable Manufactured Home Park Bylaw currently in effect in the Regional District of Central Kootenay; MIXED USE DEVELOPMENT means the use of a building or buildings on a site involving more than one (1) permitted use as defined in the appropriate zone and incorporates a residential use as being integral to the development; OUTDOOR RECREATIONAL ACTIVITIES means development which provides facilities for use by the public at large for sports and active recreation conducted outdoors excluding shooting ranges; PERMANENT FOUNDATION means a foundation that irreversibly alters the land that it is constructed on and is physically difficult to remove once a structure is no longer required; PERSONAL SERVICE ESTABLISHMENT means uses which provide personal services to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects. This includes barber shops, hairdressers, manicurists, tailors, dressmakers, shoe repair shops, dry-cleaning establishments, tanning salons, electrolysis salons, laundries and other similar uses; POULTRY means any domesticated birds kept for eggs, meat, feathers, hide or cosmetic or medicinal purposes and includes broilers, layers, turkeys, ostriches, rheas, emus, game birds and poultry breeders; PRINCIPAL DWELLING means a principal residential unit that, a consists of a self-contained set of rooms located in a building, b is used or intended for use as a residential premises, c contains kitchen and bathroom facilities that are intended to be exclusive to the unit; and d is not a secondary or accessory dwelling unit, or any vehicle. PRINCIPAL USE means the main purpose for which land, buildings or structures are ordinarily used; REAR LOT LINE means the lot line opposite to, and most distant from the front lot line, or, where the rear portion of the lot is bounded by intersecting side lot lines, the rear lot line shall be deemed to be the point of such intersection; RECREATIONAL VEHICLE means a vehicle, trailer, coach, structure or conveyance designed to travel or to be transported on the highways and constructed or equipped to be used as a temporary living or sleeping quarter by travellers; RECREATIONAL VEHICLE PARK means any parcel of land used to accommodate recreational vehicles and occupants or campers for a temporary period of time; REGIONAL BOARD means the Board of the Regional District of Central Kootenay; REGIONAL DISTRICT means the Regional District of Central Kootenay;

16 Page 15 of 56 RELATIVE means father, mother, father-in-law, mother-in-law, son, daughter, sister, brother, grandchildren, grandparents, and great-grandparents. RESOURCE PROCESSING means a use providing for the processing of primary mineral resources, including preliminary grading, washing, and crushing of such materials, but excluding all other processing or manufacturing; SERVICE STATION means any building or land used for the retail sale of motor fuels and lubricants and may include automobile diagnostic centres, the servicing and minor repairing of motor vehicles, the sale of automotive accessories; SITE AREA means the area of a lot or part thereof sufficient to satisfy the provisions for each permitted use in this bylaw; SITE COVERAGE means the area of a lot covered by structures, buildings, driveways, parking areas and outdoor storage; SLEEPING UNIT means either a unit in a rest home or a room without cooking facilities used for the temporary accommodation of travellers; STORAGE YARD means an area outside an enclosed building where construction materials and equipment, solid fuels, lumber and new building materials, monuments and stone products, public service and utility equipment or other new goods, materials, products, vehicles, equipment or machinery are stored, baled, piled, handled, sold or distributed; STRUCTURE means any construction fixed to, supported by, or sunk into land or water, excluding concrete and asphalt paving or similar surfacing of a lot; UNATTENDED PUBLIC UTILITY BUILDING OR STRUCTURE means a building or structure containing unattended equipment necessary for the operation of community water, sewer or gas distribution systems, radio or television antennae, telecommunication relay stations, automatic telephone exchanges, navigational aids, electrical substations or generating stations, fire halls, or other similar facilities or utilities; VETERINARY CLINIC means a facility designed for the care and treatment of animals under the supervision of a Doctor of Veterinary Medicine; excluding facilities designed and intended for the burial or cremation of animals treated on or off site; WOOD PRODUCT MANUFACTURING includes a sawmill, a planer mill, lumber remanufacturing, log storage yards, shakemills, particle board plants and hard board plants.

17 Page 16 of 56 PART I - OBJECTIVES AND POLICIES DEVELOPMENT OBJECTIVES 1. To preserve lifestyles of residents of the Plan Area while at the same time ensuring government interference in the day to day lives of residents and property owners is minimized. 2. To encourage the appropriate use of land in recognition of the desires of area residents, existing uses, resource constraints and opportunities, compatibility between uses, and the efficient provision of community services. 3. To maintain opportunities for rural living through development, which respects the lifestyles of area residents and the natural environment. 4. To encourage environmentally sensitive resource development practices, that minimize the impacts on nearby lands. 5. To maintain the integrity of the area's visual environment. 6. To have regard for the safe use of environmentally sensitive or hazardous lands. 7. To protect against loss of life and to minimize property damage associated with flooding events. 8. To facilitate the provision of recreation opportunities for residents and visitors. 9. To facilitate resource processing activities where these uses will have minimal impact on residential uses. 10. To accommodate commercial and industrial developments that service the local communities and drive through market. 11. To ensure that the public has an opportunity for review of proposals for resource extraction and processing on lands which are not designated as open space, quarry, or industrial. Such a review should be conducted through the rezoning or temporary industrial use permitting processes. 12. To encourage the preservation and use of the Burlington Northern right-of-way for railway use. 13. To co-operate with Senior Governments to protect fish, wildlife and other significant habitats in balance with development and human use and enjoyment of green space. 14. To encourage the preservation of good agricultural lands within the ALR and to promote agricultural activities on those lands.

18 Page 17 of 56 POLICIES Residential Development 15. Community Residential applies to small lot subdivisions and to those lands serviced by community water systems and/or sewage systems or in areas which may be easily serviced by community water and/or sewer in the near future. The minimum lot size shall be 1000 square metres where a lot is serviced by a community water and/or community sewer system. 16. In the community of Ymir, the consolidation of existing small lots currently owned by the Crown shall be encouraged to be consolidated with adjacent privately owned lots. 17. Country Residential applies to low density rural lands not expected to be provided with community water or sewer services in the near future or where residents wish to preserve the country lifestyles of their neighbourhoods. The minimum lot size shall be one (1) hectare. 18. Rural Residential applies to large parcels two (2) hectares or greater of predominantly private lands where: a. soil conditions, topography or water supply may not permit more intense development, b. residents wish to preserve the rural character of an area, or c. the primary land uses and activities are large lot residential or agriculture related. 19. Manufactured Home Park zoning will apply to lands which currently or are proposed to be occupied by a Manufactured Home Park. Agricultural Development 20. Agricultural use of lands within the British Columbia Agricultural Land Reserve shall be encouraged. 21. Applications for the removal, subdivision and non-farm use of lands presently in the Agricultural Land Reserve shall be supported if such development relate to lands that do not have value for agriculture as determined by the Agricultural Land Commission and subdivision and development conforms with this bylaw. 22. The consolidation of small farm parcels under 0.8 hectares (2 acres) with other agricultural parcels to encourage more efficient use of farm lands within the Agricultural Land Reserve is supported. 23. The minimum lot size for lots in the Agricultural Land Reserve on Schedule B is eight hectares (20 acres) provided the property has been approved by the Provincial Agricultural Land Commission for subdivision.

19 Page 18 of The minimum lot size for land zoned Agricultural which are not in the Agricultural Land Reserve shall be two hectares (5 acres). 25. The clustering of development in either single detached or multi-residential dwellings on marginal agricultural lands within the Agricultural Land Reserve subject to lot consolidation and the maintenance of buffers will be considered and promoted by the Regional Board subject to the Agricultural Land Commission Act, Regulations and Orders. Such development will encourage the maintenance of agricultural land and green space while encouraging lower cost services to the residential units. 26. All lands in the Agricultural Land Reserve are subject to the Agricultural Land Commission Act, Regulations and Orders. Commercial Development 27. Commercial development in the rural planning area will primarily be oriented toward community, tourist and pass-through traveller markets. 28. Future development applications for larger commercial activities will be considered by the Regional Board after consultation with the Public. 29. Existing commercial land uses as identified on Sheets 1 to 12 of Schedule B are designated as Commercial. 30. Small scale home based business operations will be permitted and encouraged in conjunction with the principal residential use of properties. These operations will be subject to regulations that will ensure they remain compatible with adjacent residential uses. 31. Rezoning for Tourist Commercial developments may be considered by the Regional Board throughout the Plan Area. Industrial Development 32. The Industrial designation applies to lands designated on Maps 1 to 12 of Schedule B. 33. Existing aggregate processing uses in the area are recognized. However, further industrial or quarry operations are discouraged by the Regional District unless mitigative measures are taken to ensure such development will have little negative impact on the neighbouring property owners. 34. Future applications for Industrial uses in the rural planning area will be considered on a site specific basis. 35. Existing Industrial uses on lands which have significant negative impact on adjacent residential lands shall be discouraged unless significant mitigative measures are followed.

20 Page 19 of 56 Open Space 36. Open Space applies to very large parcels of Crown land where: Environmental a. soil conditions, topography or water supply may not permit more intense development; or b. the primary land uses and activities are forestry, mining, range land, farm or outdoor recreation; 37. Environmental Reserve applies to Crown land where: a. there is a need to provide and protect leave areas or buffers adjacent to the Salmo River in order that development will have minimal impact on all habitats within the buffer; b. soil conditions, topography or water supply may not permit more intense development; c. the primary human land uses and activities are for passive recreation; or d. the land is environmentally sensitive to development. 38. The Regional District encourages voluntary stewardship of private lands throughout the Plan Area. Recreation 39. Public and commercial recreation development compatible with adjacent land uses shall be considered by the Regional Board upon application for rezoning. 40. Existing recreational properties shall be encouraged for continued recreational development and are designated as Park and Recreation. 41. Further recreational development within the plan area is encouraged. Greenhouse Gas Emission Reduction Targets Introduction Beginning in 2007, the Province of BC has moved forward with a number of legislated and policy actions designed to encourage energy efficiency and reduce emissions of greenhouse gases (GHGs). These are driven by a legislated target to reduce the total GHG emissions in the Province by 33% from 2007 levels by 2020, and 80% by Of specific relevance to local governments is the Local Government (Green Communities) Statutes Amendment Act (Bill 27, 2008). Bill 27 amends the Local Government Act to read: 1 This target is defined in the Greenhouse Gas Reduction Targets Act (Bill 44, 2007)

21 Page 20 of 56 LGA 877 (3) - An official community plan must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the local government proposed with respect to achieving those targets (by May 31, 2010). LGA Required Content of a Regional Growth Strategy: (2)(d) to the extent that these are regional matters, targets for the reduction of greenhouse gas emissions in the RDCK, and policies and actions of the local government proposed for the RDCK with respect to achieving those targets (by May 31, 2011). In addition, Bill 27 provides some additional enabling powers to local governments intended to assist them in achieving reductions of community-wide emissions. This context provides a mandate to communities and regions to explore energy as part of the planning process. Objectives 42. Demonstrate leadership in energy conservation, energy efficiency and greenhouse gas emission reductions and to work towards carbon neutrality. 43. Foster the development of renewable energy supply options. 44. Reduce energy consumption and encourage energy efficiency in planning, design and construction of neighbourhoods and buildings. 45. Reduce greenhouse gas emissions and encourage energy efficiency in planning, design and construction of neighbourhoods and buildings. 46. Locate developments where services and amenities are available and efficiently utilized. 47. Ensure future settlement patterns reduce dependency on private automobiles and encourage other forms of transportation such as walking, cycling and transit. Policies General The Regional Board: 48. Will implement the RDCK Corporate Greenhouse Gas Emissions Reduction Plan (2010). 49. Will work collaboratively with our partners and community members to reduce the combined greenhouse gas emissions of the rural areas by 15% from baseline levels (2007) by 2020 and by 25% from baseline levels (2007) by Encourages the reduction of landfill waste though the RDCK zero waste policy, and will investigate ways to increase waste diversion though strategies identified in the Resource Recovery Plan. 51. Supports collaboration with and supports partners that raise awareness and provide education on energy and emissions to local businesses, residents, and other organizations in the community.

22 Page 21 of 56 Development and Buildings The Regional Board: 52. Encourages the clustering of residential development to create separation between neighbouring developments and to avoid continuous sprawl-like development. 53. Encourages energy efficient retrofits of older buildings, including both residential and commercial buildings. 54. Encourages the use of local materials and green building techniques in new and retrofitted developments. 55. Encourages the establishment of a sustainability checklist for the evaluation of development applications and supports the investigation into the creation of associated incentives for developers that develop buildings to a high level of building performance. Transportation The Regional Board: 56. Supports a voluntary reduction of personal vehicle transportation emissions by promoting use of public transit, more efficient vehicles, use of alternative fuels, providing sufficient pedestrian and cycling facilities and routes, encouraging homebased businesses, and encouraging changes in travel patterns. 57. Encourages nodal development instead of sprawl along major roads and, where appropriate, encourages clustering of commercial and urban residential development along major roads, in order to achieve a more efficient use of land and a proper distribution of traffic flow throughout the road network. 58. Encourages compact development rather than the creation of low-density residential lots fronting the major road network and the provision of multiple accesses onto the major road network. Walkways, Trails & Commuter Bicycle Network The Regional Board: 59. Encourage connectivity between existing walkways and trail systems to schools, parks and commercial areas. 60. Promotes pedestrian-friendly development within urban and suburban residential areas, where pedestrian facilities are established and integrated with transit service planning. 61. Supports the enhancement of cycling and pedestrian systems in new and existing developments, and supports the development of a comprehensive network of pedestrian and bicycle routes along existing and future road networks. 62. Supports an integrated, improved, and expanded trail network in new and existing developments, to provide effective and safe trail transportation options for residents and visitors.

23 Page 22 of Supports on-street alternative transportation options with incorporation of sufficient buffering, and accommodation of the movement of agricultural machinery. Transit The Regional Board: 64. Supports continuing to facilitate improvement to and expansion of public transportation service opportunities, bus shelters and cross walks in cooperation with BC Transit. 65. Supports the reduction of the use of private automobiles and encourages the RDCK and member municipalities to investigate initiatives to expand public and shared transit, including the use of buses, car co-operatives and delivery services. Renewable Energy Supply The Regional Board: 66. Seeks partnerships with utility companies, NGOs, member municipalities, Provincial and Federal agencies and others to further local energy strategies and concurrent planning efforts. 67. Encourages the investigation and development of renewable energy supply options such as district energy, ground source heat pumps, solar, heat recovery systems, etc., where opportunities might be present. 68. Supports the exploration of renewable energy opportunities in the agricultural and forestry industries, such as biomass energy production. 69. Supports the creation of a renewable energy service for the RDCK. Land Use Change and Development 70. Applications for changes in zoning shall be evaluated on the basis of a variety of criteria, including, but not limited to: a. the wishes of residents about changes in the character of their communities; b. the long term capability of the land to sustain the proposed development with respect to water supply and sewage disposal; c. existing land uses and densities in the area; d. economic considerations; e. access; f. topography; g. potential impacts on adjacent properties (e.g., noise, odours, traffic generation); and h. impact on fish and wildlife resources.

24 Page 23 of Rezoning applications for the processing of aggregate resources shall be considered on the basis of a variety of criteria including, but not necessarily limited to: a. mitigative measures to ensure domestic water quality is maintained, b. the extent of visual screening, c. the type of manufacturing proposed, d. the prevailing wind direction, e. the potential for noise and dust, f. compatibility of adjacent land uses, g. accessibility, h. the characteristics of the aggregate deposits, and i. availability to residents. Temporary Industrial/Commercial Permit Areas 72. The Regional District may consider issuing temporary permits to allow Commercial/Industrial services not normally available to an area if no suitable site exists which permits such operation. An example would be to allow a small asphalt plant to operate for the purpose of paving driveways in a predominantly residential area where no site zoned appropriately exists within a suitable distance. Only areas zoned as Commercial, Industrial, and Quarry are designated as either temporary industrial or temporary commercial permit areas pursuant to Section 921 of the Municipal Act. 73. Temporary permits for the following industrial uses may be considered by the Regional Board provided that no permanent structures are constructed: a. Portable wood products manufacturing operations on sites where these operations are not already permitted under this bylaw, b. Sand and gravel processing operations including concrete production, and asphalt processing operations on sites where these operations are not already permitted under this bylaw. 74. If a temporary industrial or commercial use is of a nature that is expected to continue permanently, a rezoning application will be required in order to consider a permanent land use designation change. 75. Temporary industrial or commercial use permits shall be considered where such permits are deemed appropriate having regard for surrounding land uses. 76. Security deposits in an amount suitable for the reclamation of land to a suitable state shall be required pursuant to Section 925 of the Municipal Act.

25 Page 24 of 56 Hazard Lands 77. The watershed upstream of the alluvial fans of Hall Creek, Barrett Creek, Ymir Creek, Hidden Creek, Porcupine Creek and Rumbling Creek, are sensitive to future change caused by extreme meteorological events, logging or wild fire. The extent and severity of the flood hazard on the alluvial fans of these creeks could be modified by such changes upstream. The watersheds of these creeks are therefore identified as Sensitive / Hazardous (S/H) on Map 1 of Schedule B. 78. The alluvial fans of Hall Creek, Barrett Creek, Ymir Creek, Hidden Creek, Porcupine Creek, Rumbling Creek are subject to significant flood hazards and are subject to any applicable floodplain management bylaw currently in effect. 79. The Regional Board encourages the Ministry of Forests to impose the strictest regulation of logging of Crown lands in all community and domestic watersheds.

26 Page 25 of 56 PART II - GENERAL REGULATIONS Non-Conforming Uses and Siting Grandfathering 80. Non-conforming uses and siting shall comply with all applicable requirements of Section 911 of the Municipal Act. Clear Vision Area 81. No person who owns or occupies land at the intersection of two (2) or more highways may place or grow any tree, shrub, plant, fence or other structure within the sight triangle above an elevation such that an eye one (1) metre (3.28 ft) above the surface elevation on one highway cannot see an object one (1) metre (3.28 ft) above the surface elevation of the other highway. Site Areas 82. There shall be no minimum site area for parks, playgrounds and unattended public utility buildings and structures. 83. The minimum parcel size for a parcel subdivided under section 946 of the Municipal Act shall be the minimum site area of the zone in which the parcel is located. 84. Despite any other provision of this bylaw, any lot located on any land rated as an E or P on a Non Standard Flood and Erosion Area of the Regional District of Central Kootenay Floodplain Management Bylaw No. 1650, 2004, and amendments thereto, cannot be further subdivided unless flood protective works are constructed to an appropriate standard as determined by the authority having jurisdiction and maintained by an on-going authority. 85. Lots that are shown on a plan duly filed in the Land Title Office, which have less than the minimum site area required in this Bylaw may be used for any permitted use in the zone where the lot is located provided that the method by which sewage is to be disposed of complies with any restrictions set out under any regulation under the Health Act and provided that all other requirements applicable to the zone can be met.

27 Page 26 of Notwithstanding any other provision of this bylaw, no subdivision shall be permitted where the proposed lots cannot each accommodate two (2) full septic systems as determined by the Ministry of Health where no community sewer system is in place. Reduction of Minimum Site Areas 87. Where two or more contiguous lots registered prior to adoption of this bylaw have less than the minimum site area required by this bylaw, the lots may be consolidated into fewer lots than exist at the time of application as long as no new lot created is smaller than any previously existing lot. 88. Where it is not possible to create a lot that has the minimum site area required for a zone, the minimum site area requirement may be reduced where the proposed subdivision involves any one of the following and meets local health authority requirements: a. a boundary adjustment that does not create, or make it possible to create additional lots to those that exist at the time of application; b. a lot existing at the time of the adoption of this bylaw that is divided by a highway or Forest Service road where the boundaries of the highway or road will be the boundaries of the proposed lots; c. a lot where two or more single detached, duplex or combination of single detached and duplex dwellings existed prior to adoption of this bylaw; or d. a lot divided by a zone boundary where the subdivision is along the zone boundary. 89. The minimum site area for a lot created under section 88 shall be 0.2 hectares (.5 acre) where serviced by a community water system and 0.4 hectares (1 acre) where not serviced by a community water system. 90. Notwithstanding section 89, where a dwelling has been constructed across a legal property line prior to the adoption of this bylaw, lot lines may be adjusted so as to allow property owners to legitimize the structure as long as no lot is reduced in site area. Subdivision Servicing Requirements 91. Unless section 92 applies, all subdivisions shall comply with the provisions of the Local Services Act and the Subdivision Regulations thereto. 92. All subdivisions shall be in full compliance with any subdivision bylaw in effect from time to time for the Bylaw area. 93. All subdivisions shall comply with the Health Act and the Waste Management Act.

28 Page 27 of 56 Setbacks 94. Unless otherwise stated, no principal or accessory building or structure except a fence may be located within 7.5 metres (25 ft) of a front or exterior side lot line or within three (3) metres (10 ft) of any other lot line. Setback Exceptions 95. Where the top surface of an underground structure projects no more than 0.6 metre (2 ft) above the average finished ground elevation, that structure may be sited in any portion of a lot. 96. Free-standing lighting poles, warning devices, antennae, masts, solar collectors, utility poles, wires, flag poles, may be sited on any portion of a lot. 97. Where chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, bay windows, or ornamental features project beyond the face of the building, the minimum distance to an abutting lot line as permitted elsewhere in this bylaw may be reduced by not more than 0.6 metre (2 ft) providing such reduction shall apply only to the projecting feature. 98. Where steps, eaves, sunlight control projections, canopies, balconies, or porches project beyond the face of a building, the minimum distance to an abutting front line as permitted elsewhere in this bylaw may be reduced by not more than 1.2 metres (4 ft) and the minimum distance to an abutting site lot line or rear lot line as permitted elsewhere in this bylaw may be reduced by not more than 0.6 metre (2 ft) provided such reduction shall apply only to the projecting feature. Home Occupations 99. A Home Occupation, where permitted, is subject to the requirements that: a. The activity shall be conducted in a dwelling unit or accessory building; b. Use Area: (i) (ii) c. Employees: (i) (ii) The total floor area devoted to any or all home occupations shall not exceed 100 square metres (1075 ft²) in the R1, R2, R4 and AG zones; and The total floor area devoted to any or all home occupations shall not exceed 200 square metres (2153 ft²)in the R3 zone; No more than two (2) persons who are not a resident of the dwelling may be employed in the home occupation in the R1, R2, R4 and AG zones; and No more than four (4) persons who are not a resident of the dwelling may be employed in the home occupation in the R3 zone.