TOWN OF OLIVER. Zoning Bylaw 1350 ZONING BYLAW

Transcription

1 TOWN OF OLIVER Zoning Bylaw 1350 ZONING BYLAW

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3 Town of Oliver Zoning Bylaw 1350 TABLE OF CONTENTS Page 1.0 TITLE AND APPLICATION TRANSITION ADMINISTRATION General Applicability Prohibitions and Penalties Severability Illustrations DEFINITIONS CREATION OF ZONES Zoning Districts Definition of Zones Interpretation Permitted Uses Conditions of Use Establishing Residential Density Parcels Divided by Zone Boundary: Comprehensive Development Zones: GENERAL REGULATIONS Applicability Uses Permitted in Every Zone Prohibited Uses of Land, Buildings and Structures Projections Height Exceptions Fence Heights Secondary Suites Carriage Homes Accessory Buildings and Structures Home Occupations Home Industries Town of Oliver Zoning Bylaw 1350 Page 1

4 6.12 Bed and Breakfast Operation Garage Sales Provisions for Retail Sales and Processing, Packing and Storage of Farm Products and/or Off-Farm Products FLOODPLAIN REGULATIONS Floodplain Designation and Flood Construction Level Siting Buildings and Structures in Floodplains Floodplain Management Regulations PARKING AND LOADING REGULATIONS Off-Street Vehicle Parking Areas Off-Street Vehicle Loading Areas Development Standards for Vehicle Parking and Loading Areas Vehicle Parking and Loading Area Requirements Off-Street Bicycle Parking SUBDIVISION REGULATIONS Minimum Parcel Size Exceptions for Subdivision Minimum Parcel Width for Subdivision Exceptions Hooked Parcels RURAL ZONES AGRICULTURE (AG) ZONE AGRICULTURE TRANSITION (AGX) ZONE LOW DENSITY RESIDENTIAL ZONES RESIDENTIAL LOW DENSITY ONE (RS1) ZONE RESIDENTIAL LOW DENSITY TWO (RS2) ZONE RESIDENTIAL LOW DENSITY (STRATA) THREE (RS3) ZONE RESIDENTIAL LOW DENSITY FOUR (RS4) ZONE RESIDENTIAL LOW DENSITY DUPLEX (RD1) ZONE RESIDENTIAL MANUFACTURED HOME PARK (RSM) ZONE MEDIUM DENSITY RESIDENTIAL ZONES RESIDENTIAL MEDIUM DENSITY ONE (RM1) ZONE RESIDENTIAL MEDIUM DENSITY TWO (RM2) ZONE HIGH DENSITY RESIDENTIAL ZONES RESIDENTIAL HIGH DENSITY ONE (RH1) ZONE RESIDENTIAL ASSISTED LIVING (RAL) ZONE Town of Oliver Zoning Bylaw 1350 Page 2

5 14.0 COMMERCIAL ZONES NEIGHBOURHOOD COMMERCIAL (C1) ZONE HIGHWAY COMMERCIAL (C2) ZONE TOWN CENTRE (C3) ZONE TOWN CENTRE FRINGE (C4) ZONE COMMERCIAL TRANSITION (C5) ZONE SERVICE COMMERCIAL ONE (CS1) ZONE TOURIST COMMERCIAL ONE (CT1) ZONE TOURIST COMMERCIAL TWO (CT2) ZONE RESORT COMMERCIAL (RC) ZONE COMMERCIAL PARKING (CP) ZONE INDUSTRIAL ZONES LIGHT INDUSTRIAL (M1) ZONE GENERAL INDUSTRIAL (M2) ZONE PUBLIC ZONES INSTITUTIONAL AND ASSEMBLY (P1) ZONE PARKS AND OPEN SPACE (P2) ZONE COMPREHENSIVE DEVELOPMENT ZONES COMPREHENSIVE DEVELOPMENT ONE (CD1) ZONE LIST OF SCHEDULES, MAPS, FIGURES, AND TABLES Schedule A Map 1 Figure 4.1 Figure 4.2 Figure 11.1 Figure 11.1 Figure 11.2 Figure 11.3 Figure 11.5 Figure 12.1 Figure 12.2 Figure 13.1 Figure 14.1 Town of Oliver Zoning Text General Context Map Illustration of Height Envelope Illustration of Parcel Types and Setback Locations RS1 Zone Building Envelope RS1 Zone Building Envelope RS2 Zone Building Envelope RS3 Zone Building Envelope RD1 Zone Building Envelope RM1 Zone Building Envelope RM2 Zone Building Envelope RH1 Zone Building Envelope C1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 3

6 Figure 14.2 Figure 14.3 Figure 14.5 Figure 14.6 Figure 15.2 Figure 16.1 Schedule B C2 Zone Building Envelope C3 Zone Building Envelope C5 Zone Building Envelope CS1 Zone Building Envelope M2 Zone Building Envelope P1 Zone Building Envelope Town of Oliver Zoning Map Schedule C Town of Oliver Floodplain Maps Note: Schedules B and C can be viewed either on the Town of Oliver website at or by requesting hard copy at the Town of Oliver office. Town of Oliver Zoning Bylaw 1350 Page 4

7 TOWN OF OLIVER ZONING BYLAW 1350 A Bylaw to divide the Municipality into zones and regulate within the zones: 1. the use of land, buildings and structures, 2. the density of the use of land, buildings and structures, 3. the siting, size and dimensions of: a) buildings and structures, and b) uses that are permitted on the land, 4. the shape, dimensions and area, including the establishment of maximum and minimum sizes of all parcels of land that may be created by subdivision, 5. the provision of off-street parking and loading spaces, 6. the provision of screening or landscaping, 7. floodplain regulations, and 8. other matters under provincial empowering enactments. The Council of the Town of Oliver, in Open Meeting Assembled, ENACTS AS FOLLOWS: Town of Oliver Zoning Bylaw 1350 Page 5

8 1.0 TITLE AND APPLICATION 1.1 This bylaw may be cited as Town of Oliver Zoning Bylaw This Bylaw applies to all lands, including the surface of water and all uses, buildings and structures located within the Town of Oliver as shown by map reference on Schedule B, which is attached to and forms part of this Bylaw. This Bylaw includes: Schedule A Schedule B Schedule C Zoning Bylaw Text Zoning Bylaw Map Zoning Bylaw Floodplain Maps Town of Oliver Zoning Bylaw 1350 Page 6

9 2.0 TRANSITION 2.1 Zoning Bylaw 1330, as amended, is repealed. Read a first and second time on XXXX XX, Public Hearing held on XXXX XX, Read a third time on XXXX XX, Approved by the Ministry of Transportation on XXXX XX, Adopted on XXXX XX, Mayor Corporate Officer Town of Oliver Zoning Bylaw 1350 Page 7

10 SCHEDULE A TOWN OF OLIVER ZONING BYLAW 1350 Town of Oliver Zoning Bylaw 1350 Page 8

11 3.0 ADMINISTRATION 3.1 General.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. 3.2 Applicability.1 This bylaw applies to the entire area of the Municipality, as outlined on Schedule 1..2 Land or the surface of water must not be used, land shall not be subdivided and buildings or structures must not be constructed, altered, located or used except as specifically permitted in this Bylaw..3 All uses permitted by this Bylaw include, except as otherwise specifically stated, all uses reasonably accessory and exclusively devoted to the principal uses..4 Parcels created prior to adoption of this Bylaw that do not meet any minimum parcel area or dimensions, may be used for any of the permitted uses listed in each zone, subject to the limitations contained therein..5 Parcels shall be consolidated prior to issuance of building permit where the proposed building would otherwise straddle the parcel line..6 Except for all non-habitable buildings under 10.0 m 2 in size, all buildings and structures must be affixed to permanent foundations. 3.3 Prohibitions and Penalties.1 Every person who: a) violates any of the provisions of this bylaw; b) causes or permits any act or thing to be done in contravention or violation of any of the provisions of this bylaw; c) neglects or omits to do anything required under this bylaw; d) 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; e) fails to comply with an order, direction or notice given under this bylaw; f) 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 g) prevents or obstructs or attempts to prevent or obstruct the authorized entry of the Municipal staff on property, shall be deemed to be guilty of an offence under this bylaw. Town of Oliver Zoning Bylaw 1350 Page 9

12 .2 Every person who commits an offence under this bylaw is liable to a fine not exceeding $10, and the costs of prosecution..3 Each day's continuance of an offence constitutes a new and distinct offence. 3.4 Severability.1 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. 3.5 Illustrations.1 In the event of any inconsistency between the text of this bylaw and any figure or illustration, the text shall govern. Town of Oliver Zoning Bylaw 1350 Page 10

13 4.0 DEFINITIONS In this Bylaw: accessory use means a use which is subordinate, customarily incidental, and exclusively devoted to a principal use in existence on the same parcel; 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; accessory dwelling for farm labour means a single detached dwelling, manufactured home or other attached dwelling on an agriculturally zoned parcel designated as farm under the BC Assessment Act. The accessory dwelling is a complete living unit and includes a private kitchen and bath; agriculture means the use of land, buildings or structures for growing, harvesting, packing, storing and wholesaling of agricultural crops for the purposes of providing food, horticultural, medicinal or farm products, but excludes processing and retail sales of farm products. Agriculture includes producing and rearing animals and range grazing of horses, cattle, sheep, and other livestock and includes apiculture and aquaculture; agriculture, intensive means a use of land, buildings or structures by a commercial enterprise or an institution for the confinement of poultry, livestock or fur-bearing animals, or the growing of mushrooms; 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) an addition to gross floor area or height; (ii) the removal of a portion of the building; (iii) construction of, cutting into, or removal of a wall, partition, column, beam, joist or floor; and (iv) 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. apartment building means a building other than a townhouse containing three (3) 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 1350 Page 11

14 assisted living housing means a care facility that combines private living quarters with centralized dining services, shared living spaces, and access to social and recreational activities. Assisted living housing usually provides supportive services like meals and housekeeping in addition to rental accommodation; base elevation means the average finished ground level at the perimeter of a building or structure, excluding any localized mounds or depressions such as those for vehicle or pedestrian entrances. Artificial embankments shall not be considered finished grade; bed and breakfast means a home occupation conducted within a principal dwelling unit, by the residents of the dwelling unit, which provides sleeping accommodations to the traveling public and includes the provision of a morning meal for those persons using the sleeping accommodations; bicycle parking, long-term means bicycle parking that is provided 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 the short-term secure 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 or 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 nonhousehold 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 parcel of land occupied and maintained for temporary accommodation (maximum 30 days between April 1 st and October 31 st in any one calendar year) of the traveling public in tents or recreation vehicles which are licensed for the current year and have been brought to the site by the traveler. May include an office, washroom facility and laundry as part of the permitted use but does not include cabins, hotels, manufactured homes, manufactured home parks, motels or park model trailers; carriage home means a dwelling unit located within an accessory building or structure on a residential parcel; construction services means a business premises or building that is used for trades contractor offices as well as construction equipment sales, rentals and storage; Town of Oliver Zoning Bylaw 1350 Page 12

15 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; derelict vehicle includes a vehicle, except a farm vehicle, that is not displaying a current licence, pursuant to Provincial regulations, and which is not enclosed within a garage or carport; designated flood means a flood, which may occur in any given year, of such magnitude as to equal a flood having a 200-year recurrence interval, based on a frequency analysis of unregulated historic flood records or by regional analysis where there is inadequate watercourse flow data available; designated flood level means an observed or calculated water level attained by a designated flood, which is used in the calculation of the flood construction level; development means any activity carried out in the process of clearing or preparing a site or constructing or erecting structures; duplex means a building containing two principal dwelling units with each unit having an independent exterior entrance. dwelling unit means one or more habitable rooms constituting one self-contained unit which has a separate entrance (to the exterior of the dwelling or a common area), and which contains washroom facilities, and not more than one set of cooking facilities and which is designed to be used for living and sleeping purposes; eating and drinking establishment means a development where prepared foods and beverages are offered for sale to the public for consumption within the premises or off the site and includes neighbourhood pubs, licensed restaurants, lounges cafes, delicatessens, tea rooms, dining rooms, drive-thru food services, refreshment stands and take-out restaurants but excludes mobile catering food services; 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; fabric covered structure means a pre-manufactured structure consisting of wood framing, tubular metal, or tubular plastic frame, covered on the roof and a maximum of three sides with fabric, reinforced plastic, vinyl, or other sheet material; Town of Oliver Zoning Bylaw 1350 Page 13

16 family means one or more persons related by marriage, blood, common law, adoption or foster parenthood, or not more than five (5) unrelated persons sharing one dwelling unit typical of a single-family unit or other similar basic social unit; farm operation means a farm operation as defined by the Province under the Farm Practices Protection (Right to Farm) Act; farm products means commodities or goods that are produced from a farm use; farm use means an occupation or use of land for agricultural purposes, including farming of land, plants and animals and any other similar activity designated as farm use by Provincial regulation, and includes a farm operation; fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land; floodplain means an area of land, whether floodproofed or not, which is susceptible to flooding by a watercourse, lake or other body of water; floor area ratio means the net floor area on all levels of all buildings and structures on a lot divided by the parcel area; 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 and public tasting and retail sale of beverages produced on the premises; freeboard means a vertical distance added to a designated flood level used to establish a flood construction level; 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; gross floor area means the sum of the horizontal floor areas of each storey of all buildings or accessory buildings on a parcel, measured to the exterior walls and contained within the exterior and basement walls and excludes all parking areas; habitable area means, for the purpose of the flood construction level provisions of this Bylaw, any space or room within a building or structure, including a manufactured home or unit and a modular home or unit, which is used or is capable of being used for human occupancy or industrial, business or commercial use, or storage of goods, including equipment (and furnaces), which is susceptible to damage by floodwater; height means, with respect to a building, the maximum vertical distance between 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 1350 Page 14

17 Figure 4.1 Illustration of Height Envelope 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 street, road, lane, bridge, viaduct or any other way open to public use other than a private right-of-way on private property; home industry means an occupation or a commercial use that is accessory to the principal residential use of the parcel and may include manufacturing, processing, fabricating, assembling, storing, distributing, testing, servicing, or repairing of goods or materials including vehicle repair, maintenance and auto body shops, and other similar uses; home occupation means an occupation or profession that is accessory to the principal residential use of a parcel and may include home offices; studios; home workshops, homebased daycare, and other similar uses; hooked parcel means a parcel of which one portion is physically separated from the other portion by a highway, except a Forest Service Road, or another parcel; hotel means a building containing commercial guest accommodation units, and a lobby area for guest registration and access to the accommodation units and may contain accessory uses such as a restaurant, licensed drinking facilities, accessory retail store; and meeting rooms; 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; 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 Town of Oliver Zoning Bylaw 1350 Page 15

18 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; kennel means the care of three (3) or more dogs, cats or other domestic animals or pets whether such animals are kept commercially for board, propagation, training, sale or for personal and private enjoyment; lane means a highway that provides a second access to a parcel and is less than 9.0 metres wide; manufacturing means fabricating, processing, assembling and finishing of goods or materials not involving the use, processing or production of hazardous wastes, including but not limited to gravel crushing; 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; manufactured home park means any parcel of land, upon which three or more manufactured homes or single detached dwellings are located on individual manufactured home sites that are occupied exclusively for residential purposes on a rental basis. Includes all buildings and structures used or intended to be used as part of such manufactured home park; manufactured home park space means an area of land for the installation of one manufactured home with permissible additions and situated within a manufactured home park. 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; minimum parcel size means the minimum area of a parcel of land that can be created by subdivision; motel means the use of a building or group of buildings containing units for temporary accommodation, with each unit having its own exterior access and parking space in close proximity; and may include an eating and drinking establishment. 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 that are enclosed by walls and connected to a heating and ventilation system and accessory buildings except those used for parking, but excluding; (i) 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; Town of Oliver Zoning Bylaw 1350 Page 16

19 (ii) underground parking spaces, driveways, aisles and ground surface parking spaces or parking lots; (iii) storeys in a parking structure that are accessory to a permitted use; (iv) vehicle access and manoeuvring aisles; (v) any storeys or portions of storeys where the height from floor to ceiling is less than 1.8 metres; and (vi) in residential zones, uninhabitable auxiliary storage structures under 15.0m 2 in floor area. off-farm products means farm products that are not grown, reared, raised or produced on the farm from which they are being sold; 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 whether under the Land Title Act or the Bare Land Strata Regulations under the Strata Property Act or a legally recorded lease of license of occupation issued by the Province of British Columbia; parcel area means the total horizontal area within the parcel lines of a parcel; parcel coverage means the total ground level area of all principal and accessory buildings and structures 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 0.6 metres above grade; and (iii) outdoor, uncovered swimming pools; parcel line means the legally defined boundary of any parcel; parcel line, exterior side means any parcel line adjacent to a highway other than a lane, which is not a front parcel line; parcel line, front means any parcel line common to a parcel and one highway other than a lane, provided that, where a parcel is contiguous to the intersection of two highways, the front parcel line is the shortest parcel line contiguous to one of the highways. Where a parcel is bisected by a highway, both parcel lines abutting the highway are considered to be front parcel lines; parcel line, interior side means a parcel line adjacent a lane or between two or more parcels other than the front, rear or exterior side parcel line; parcel line, rear means the boundary of a parcel which lies the most opposite to the front parcel line and, where the property has only three parcel lines, the rear is the junction of the two side parcels; Town of Oliver Zoning Bylaw 1350 Page 17

20 parcel size means the area of land within the boundaries of the lot but excludes the panhandle area; parcel width or depth means the average horizontal distance between the side parcel lines or front and rear parcel lines of any parcel; 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 and dental services, chiropractor services, acupuncture, naturopathy, physical therapy, massage therapy, counseling, tailoring, locksmithing and dry cleaning or laundries, but does not include Laundromats; principal use means the main purpose for which the parcel, building or structure is used; processed farm products means farm products that have been transformed by biological or other means such as fermentation, cooking, butchering, canning, smoking or drying to increase their market value and convenience to the consumer, but does not include hot and cold food items sold for on-site consumption; 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; residential means the occupancy or use of a dwelling unit for the permanent domicile of a person or persons; or the occasional or seasonal occupancy of a dwelling unit as a dwelling by an owner who has a permanent domicile elsewhere; or by non-paying guests of such an owner; or by a tenant in a residential tenancy having a term of at least one month; residential-tourist accommodation units means townhouse or apartment type dwelling units occupied either on a full or part-time residential basis by an owner or an occupant including occupancy under a time-share use or ownership plan, or to provide temporary lodging for the traveling public on a rental basis, where the rental term occupancy is less than one month; 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, alcoholic beverages, hardware, electronics and appliances, animal and pet care items, clothing, pharmaceuticals, antiques, collectibles, sporting goods, 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 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 Town of Oliver Zoning Bylaw 1350 Page 18

21 care items, animal and pet care items, and the storage of goods and merchandise sold on the premises; secondary suite means a self-contained second dwelling unit located within a principal single detached dwelling accessory to the principal dwelling used or intended to be used as a residence, with self-contained sleeping, living, cooking and sanitary facilities and direct access to the open air without passage through any portion of the principal dwelling unit. A secondary suite does not include a carriage house, duplex housing, semi-detached housing, multipledwelling housing or boarding and rooming housing; 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; service station means land or a building used for the retail sale of motor vehicle fuels and lubricants; setback means the horizontal minimum permitted distance measured at right angles to the parcel line, between the parcel line and a building or structure, or, in the case of floodplain or a watercourses, distance measured from the natural boundary, top of bank or other reference identified elsewhere in this Bylaw; setback, front means the minimum required setback area between the side parcel lines extending from the front parcel line to the nearest wall or supporting member of a building or structure; setback, rear means the area between the side parcel lines extending from the rear parcel line to the nearest wall or supporting member of a building or structure; setback, side means the area of the parcel which extends from the front setback to the rear setback, between the side parcel line and the nearest wall or supporting member of a building or structure; 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; Town of Oliver Zoning Bylaw 1350 Page 19

22 Figure 4.2 Illustration of Parcel Types and Setback Locations Town of Oliver Zoning Bylaw 1350 Page 20

23 single detached dwelling means a detached building used for residential use of one family and consisting of one dwelling unit and a secondary suite if permitted in the applicable zone; sleeping unit means a unit of one or two habitable rooms, neither of which is a kitchen, that are used for accommodation of assisted living or congregate care residents; 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 1.2 metres above building grade; structure means anything that is constructed or erected, supported by or sunk into water, and includes swimming pools, and manufactured home spaces, but specifically excludes walls and fences under 2.0 metres in height, landscaping, paving improvements and signs unless otherwise noted in this bylaw; 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 buildings and facilities intended for the local transmission of water or sewage or underground facilities for the local transmission of natural gas, electricity, telephone signal, television signal and internet signal, but does not include above ground telecommunication facilities, electricity transmission towers or buildings and facilities and oil or gas storage tanks; veterinary clinic means a use conducted for the care, treatment, or hospitalization of animals, birds and fish and may include grooming facilities and sales of accessory supplies, but does not include the keeping or boarding of animals not under the care, treatment or hospitalisation; watercourse includes any of the following: a watercourse, whether it usually contains water or not; a pond, lake, river, creek or brook, and; a ditch, spring or wetland that is connected by surface flow to a watercourse; wind machine means a fixed, engine-driven fan used to reduce the effect of temperature inversions on agricultural crops; winery means an establishment involved in the manufacture, packaging, storing and sales of grape and fruit-based wines, including a wine bar and food & beverage service lounge. Town of Oliver Zoning Bylaw 1350 Page 21

24 5.0 CREATION OF ZONES 5.1 Zoning Districts For the purposes of this bylaw, the Town of Oliver is hereby divided into zoning districts with the following designations and their abbreviations. The headings below create categories of zones and represent all the zones under that heading. Zoning Title RURAL ZONES Agriculture Agriculture Transition LOW DENSITY RESIDENTIAL ZONES Residential Low Density One Residential Low Density Two Residential Low Density (Strata) Three Residential Low Density Four Residential Low Density Duplex Residential Manufactured Home Park MEDIUM DENSITY RESIDENTIAL ZONES Residential Medium Density One Residential Medium Density Two HIGH DENSITY RESIDENTIAL ZONES Residential High Density One Residential Assisted Living COMMERCIAL ZONES Neighbourhood Commercial Highway Commercial Town Centre Town Centre Fringe Commercial Transition Service Commercial One Tourist Commercial One Tourist Commercial Two Abbreviation AG AGX RS1 RS2 RS3 RS4 RD1 RSM RM1 RM2 RH1 RAL C1 C2 C3 C4 C5 CS1 CT1 CT2 Town of Oliver Zoning Bylaw 1350 Page 22

25 Resort Commercial Commercial Parking INDUSTRIAL ZONES Light Industrial General Industrial PUBLIC ZONES Institutional and Assembly Parks and Open Space COMPREHENSIVE DEVELOPMENT ZONES Comprehensive Development One RC CP M1 M2 P1 P2 CD1 5.2 Definition of Zones.1 The area of each zone is defined by Schedule 2..2 Where a zone boundary is shown on Schedule 2 as following a road allowance or a watercourse, the centreline of the road allowance or watercourse shall be the zone boundary. 5.3 Interpretation Except as expressly provided in this Bylaw, all headings, italicized clauses and other references forming part of this Bylaw must be construed as being inserted for convenience and reference only. 5.4 Permitted Uses In respect of each zone created under Section 5.1 of this Bylaw:.1 the only uses permitted are those listed in respect of each zone under the heading Permitted Uses in Section 10.0 to 17.0 of this Bylaw;.2 uses not listed in respect of a particular zone are prohibited;.3 the headings in respect of each zone are part of this Bylaw. 5.5 Conditions of Use On a particular site in a specified zone created under this Bylaw, the maximum permitted site coverage, height and density and the minimum required setbacks are set out in respect of each specified zone in the provisions found in Sections 10.0 to 17.0 of this Bylaw. 5.6 Establishing Residential Density In zones where a maximum number of residential units per hectare is permitted, the density shall be determined 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 Town of Oliver Zoning Bylaw 1350 Page 23

26 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. 5.7 Parcels Divided by Zone Boundary: Where a parcel is included in more than one zone, the zone boundary as shown on the map accompanying and forming part of this Bylaw shall be deemed to be a parcel boundary for the purposes of determining applicable uses, parcel size, densities and/or regulations other than building setbacks contained in this Bylaw. 5.8 Comprehensive Development Zones: A Comprehensive Development (CD) Zone shall only be created where a proposed development is of a scale, character, or complexity requiring comprehensive planning and implementation that, in the opinion of Council, is of a unique form or nature not contemplated or reasonably regulated by another zone. Town of Oliver Zoning Bylaw 1350 Page 24

27 6.0 GENERAL REGULATIONS 6.1 Applicability Except as otherwise specified in this Bylaw, Sections 6.2 to 9.3, apply to all zones established under this Bylaw. 6.2 Uses Permitted in Every Zone The following uses are permitted in every zone and are not subject to the minimum parcel area of any zone:.1 Government controlled, held or sanctioned parks, playfields and playgrounds open to the public,.2 utility services,.3 roads and lanes,.4 conservation areas,.5 fire halls, police stations, ambulance service uses, and similar emergency services,.6 facilities permitted by provincial enactment for: a) day care for no more than eight (8) persons in care, or b) residence for no more than ten (10) persons, not more than six (6) of whom are persons in care,.7 Provincial, municipal, and regional improvement district works for flood control. 6.3 Prohibited Uses of Land, Buildings and Structures.1 The use of a tent, trailer, motor home or recreational vehicle as a permanent residence is prohibited in all zones..2 The use of a manufactured home as a permanent residence is prohibited in all zones, except the AG and RSM Zones..3 The operation of an asphalt mixing plant is prohibited in all zones..4 The wrecking, salvage or storage of more than two derelict vehicles or the use of land as an automobile recycling operation is prohibited in all zones except the M2 Zone. 6.4 Projections No features shall project into a setback required by this Bylaw except the following minor projections on buildings:.1 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 required setback to a maximum, when measured horizontally, of: (i) (ii) 0.6 metres into an interior side setback; 1.5 metres into a front or exterior side setback; or Town of Oliver Zoning Bylaw 1350 Page 25

28 (iii) 2.0 meters into a rear setback..2 Despite Section 6.5.1(ii), in the RS4 and RM5 Zones, decks, verandas, porches and bays may project up to 2.0 metres into a front setback..3 In no case shall a projection extend beyond a parcel line..4 Except for eaves, gutters and cornices, in no case shall the total linear dimension of projections into a side setback area exceed 25.0% of the linear dimensions of the wall from which the projection occurs, as shown in Figure Height Exceptions Figure Side setback projection limits No features shall extend beyond a height limit required by this Bylaw except the following minor projections on buildings and structures:.1 Chimneys may project up to 1.0 metre above the roof line..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 1.0 metre above the peak height of a gable or sloped roof, or up to 1.8 metres 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 1.0 metre above the parapet of a flat roof. Town of Oliver Zoning Bylaw 1350 Page 26

29 .5 Wind machines in the AG Zone shall not be subject to height limits..6 Photovoltaic panels, solar hot water panels and micro wind turbines may project up to 2.0 metres above the peak of a gable or sloped roof, or up to 2.8 metres above the parapet of a flat roof on which they are mounted. 6.6 Fence Heights.1 The height of a fence shall be determined by a measurement from the average grade level within 1.0 metre of both sides of the fence..2 No fence shall exceed 1.8 metres in height to the rear of a front setback and 1.2 metres in height in the front setback except: a) in the AG and AGX zones all fences may be up to 1.8 metres in height, except that deer fences shall not be limited in height, provided such fences are constructed of material that permits visibility, such as wire mesh; b) in the M1 and M2 zones all fences may be up to 2.4 metres; and.3 On a corner site contiguous to a highway intersection, no fence is permitted at a greater height than 1.0 metre above the established elevation of the centre point of intersecting highways, at or within a distance of 4.5 metres from the corner of the site at the intersection of the streets: Figure Site Triangle 6.7 Secondary Suites The following regulations apply to secondary suites where permitted as a use in this Bylaw:.1 A secondary suite shall be located in one (1) principal single detached dwelling unit or duplex dwelling unit. Secondary suites are not permitted in an accessory dwelling or structure..2 No more than one (1) secondary suite is permitted per principal single detached dwelling unit or duplex dwelling unit..3 The maximum floor area of a secondary suite shall not exceed the lesser of 90.0 m 2 or 40% of the gross floor area of the principal single detached dwelling or duplex dwelling unit..4 Secondary suites shall be connected to the Town of Oliver sanitary sewer system. Town of Oliver Zoning Bylaw 1350 Page 27

30 .5 One (1) parking space per secondary suite is required in addition to those required for the principal single detached dwelling or duplex dwelling unit. 6.8 Carriage Homes The following regulations apply to carriage homes where permitted as a use in this Bylaw:.1 The maximum floor area of a carriage home shall not exceed 90.0 m 2..2 When a carriage home is located on a second storey of an accessory building the maximum height shall be 6.0 metres..3 All carriage homes shall be set back no less than 3.0 metres from a rear parcel line..4 The minimum separation between a principal dwelling and a carriage home shall be 3.0 metres..5 All carriage homes shall be connected to the Town of Oliver sanitary sewer system. 6.9 Accessory Buildings and Structures.1 All buildings or structures attached to a principal building are deemed to be a portion of the principal building if at least one of the following conditions are satisfied: a) the new building or structure and the existing structure share one common wall, where the common wall constitutes at least 25% of the vertical and adjacent plane; or b) the two structures are attached by a breezeway which is not less than 3.0 metres in width, and not more than 6.0 metres in length and the roofing materials or the pitch of which shall be consistent with those of the principal building..2 No more than one breezeway shall be permitted on any parcel of land for attaching accessory buildings to a principal building..3 No accessory building or structure will be situated on a parcel unless the principal building to which the accessory building or structure is incidental has been erected or will be erected simultaneously with the accessory building or structure on the same parcel, or unless the accessory building or structure does not exceed 10.0 m² in area, one storey in building height, and is limited to one (1) per parcel..4 Accessory buildings and structures, and carriage homes shall not collectively or individually occupy in excess of 90.0m 2 land area on any parcel..5 The following accessory structures are permitted anywhere on a parcel: a) trellises and pergolas; and b) children s play equipment..6 A metal storage container is considered to be an accessory building or structure in the C5, CS1, M2, P1 and P2 Zones, provided that: a) the maximum number of metal storage containers on a parcel shall not exceed one (1) for the first 0.4 ha of parcel area and one (1) for each additional 0.4 ha of parcel area to a maximum of 10 containers. Town of Oliver Zoning Bylaw 1350 Page 28

31 b) metal storage containers may only be stacked in the M2 zone, to a maximum of two (2) containers and subject to the prior issuance of a building permit. c) metal storage containers shall be sited in accordance with individual zone regulations for the siting of accessory buildings and structures. d) metal storage containers shall not be placed, used or sited within 70.0 metres of Highway A fabric structure is considered to be an accessory building or structure in the RS1, RS2, RS3, RS4, RD1 and RSM Zones, provided that: a) the maximum number of fabric structures on a parcel shall not exceed one (1); b) fabric structures shall be sited in accordance with individual zone regulations for the siting of accessory buildings and structures; c) fabric structures shall not exceed the height restrictions for accessory buildings in individual zones Home Occupations The following regulations apply to home occupation, minor uses where permitted as a use in this Bylaw: 1. A home occupation shall not occupy more than 40% of the floor area of a principal dwelling unit or accessory building to a maximum of 90.0 m A home occupation shall be carried out within the principal dwelling unit, or in an accessory building where permitted in the particular zone, with no external storage of materials, containers or finished products. 3. No retail sales shall be permitted in a home occupation, except for: a) goods produced or made on the premises; b) telephone, internet, mail order sales or sales where the customer does not enter the premises; c) direct distributors where customers do not enter the premises; and d) sale of products directly related to the home occupation. 4. A home occupation may employ one (1) person who is not a resident of the dwelling unit within or from which the home occupation is operated. 5. No more than three (3) clients or customers shall visit the site within or from which a home occupation is being operated at any one time, except the operation of a daycare or preschool where not more than seven (7) preschool children and/or school-aged children shall be accommodated. 6. A home occupation shall not generate traffic congestion or parking demand within the immediate vicinity and shall not produce a public offence or nuisance of any kind. 7. A home occupation shall not involve: a) Salvage, storage, repair, maintenance or sales of motor vehicles, trailers, boats or related engines, equipment or parts. b) Tow-truck operations, manufacturing and industrial uses, social escort services, cabinet making, welding or machine shops, meat cutting, commercial Town of Oliver Zoning Bylaw 1350 Page 29

32 animal breeding or parking or storage of industrial, commercial, or construction equipment or materials. c) Sale or storage of any commodity not produced on the premises, except as provided in (b) Home Industries The following regulations apply to home industry uses where permitted as a use in this Bylaw:.1 No home industry shall be permitted on a parcel less than 2.0 hectares in size..2 A home industry shall be carried on in the principal dwelling unit or within an accessory building..3 A home industry shall not occupy more than 50% of the floor area of the principal dwelling unit. The gross floor area utilized for a home industry, including storage of materials, commodities or finished products associated with the home industry shall not exceed 200 m 2..4 No retail sales of products other than the sale of goods produced, grown or assembled on the parcel shall be permitted..5 Only persons residing in the principal dwelling unit may carry on the home industry located on the parcel, and up to two (2) non-resident employees may be on the parcel..6 A home industry shall not be located on a parcel unless a principal dwelling unit already exists or is being constructed simultaneously, on the same parcel..7 No nuisance from noise, vibration, smoke, dust, odours, heat, glare, disturbance shall be produced by the home industry and, at all times, the privacy and enjoyment of adjacent dwellings shall be preserved and the home industry shall not adversely affect the character of the area..8 A home industry shall not generate any pedestrian or vehicular traffic or parking in excess of that which is generally characteristic of the area within which it is located..9 A home industry shall not involve: a) wrecking, salvage or storage of derelict vehicles and equipment; b) salvage or storage of used building or domestic products and similar discarded materials; c) manufacture of concrete products; d) bulk fuel or chemical storage or refining depots; e) animal or agriculture products processing; and f) the production of animal feeds Bed and Breakfast Operation A bed and breakfast operation is permitted where listed as a permitted use, provided that:.1 it is located within a principal dwelling unit; Town of Oliver Zoning Bylaw 1350 Page 30

33 .2 no more than eight (8) patrons shall be accommodated within the dwelling unit;.3 no more than four (4) bedrooms shall be used for the bed and breakfast operation;.4 no cooking facilities shall be provided for within the bedrooms intended for the bed and breakfast operation;.5 only persons residing in the principal dwelling unit may carry on the bed and breakfast operation on the parcel occupied by the principal dwelling unit, and must be present on the property during a patron s stay; and.6 the bed and breakfast operation shall not generate traffic congestion or parking demands or produce a public offence or nuisance of any kind Garage Sales.1 On any parcel, regardless of zoning, garage sales are not permitted on more than four (4) days in any one (1) calendar year Provisions for Retail Sales and Processing, Packing and Storage of Farm Products and/or Off-Farm Products.1 In the AG Zone, farm products, processed farm products, and off-farm products may be sold to the public subject to the following regulations: a) the area used for retail sales of off-farm products shall not exceed one-half of the total area used for all retail sales on the parcel. For the purpose of calculating area 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 sale or not, shall not be included; b) where off-farm products are offered for sale, farm products and/or processed farm products shall also be offered for sale; and c) the retail sales area for farm products and off-farm products shall not exceed 300 m 2..2 the gross floor area of all buildings associated with the processing, retail sales, packing and storage of farm products shall not exceed 600 m 2..3 where off-farm products are offered for sale, a minimum of 50% of the retail sales area must be devoted to the sales of farm products produced on the farm. Town of Oliver Zoning Bylaw 1350 Page 31

34 7.0 FLOODPLAIN REGULATIONS 7.1 Floodplain Designation and Flood Construction Level.1 The following land is designated as a floodplain: a) the area shown as the 200 year floodplain for the Okanagan River and the Okanagan River Channel on the provincial floodplain maps attached as Schedule 3 to this Bylaw; b) any land that is less than 1.5 metres above the natural boundary of any other watercourse..2 The flood construction level for land designated as a floodplain in section is: a) 1.5 metres above the design water surface profile of the Okanagan River Channel; b) 1.5 metres above the elevation of the natural boundary of any other water course, lake, swamp or pond; or c) Tuc-el-nuit Lake: 299.5m Geodetic Survey of Canada (GSC) datum. 7.2 Siting Buildings and Structures in Floodplains Despite any other provisions of this Bylaw, no building or structure shall be located within: metres of the natural boundary of a lake, swamp or pond; metres of the Okanagan River Channel Flood Control right-of-way or the toe of the dyke confining the channel; and metres of the natural boundary of any other watercourse. 7.3 Floodplain Management Regulations.1 No person shall place any structural support for a habitable area or fill required to support a habitable area on land within a floodplain setback area under Section 7.2;.2 No person shall construct, reconstruct, move or extend a floor system or pad which supports a habitable area, such that the underside of the wooden floor system or the top of the pad or the ground surface on which it is located, is lower than the flood construction levels specified in Section 7.1 except as provided in Sections and 7.3.4;.3 Despite Section 7.2, non-habitable buildings up to 10.0m 2 in floor area that are constructed with no fixed foundation may be developed within a floodplain..4 Despite Section 7.3.2, the following floodplain management regulations apply: a) Buildings or structures shall be located with the underside of the floor system of any area used for habitation, business or storage of goods damageable by flood waters, or in the case of a mobile or manufactured home the top of the pad or the ground surface on which it is located, no lower than the flood construction levels specified in Section 7.1. Town of Oliver Zoning Bylaw 1350 Page 32

35 .5 The floodplain management regulations specified in Section may be achieved by structural elevation of the habitable area, or by placing adequately compacted fill on which any habitable area is to be constructed or located, or by a combination of both structural elevation and fill..6 Where fill is used to meet the floodplain management regulations specified in Sections and 7.3.3, the face of the fill slope must be adequately protected against erosion from flood flows, wave action, ice and other debris hazards..7 The following developments and uses are excluded from the requirements of the floodplain management regulations specified in Sections and 7.3.3: a) renovations, except structural, to existing buildings or structures that do not involve additions thereto; b) that portion of a building or structure to be used as a carport, garage or underground parking area; c) farm buildings other than dwelling units and closed-sided livestock housing; d) closed-sided livestock housing behind standard dykes; e) unenclosed decks and balconies that do not have supports located within the floodplain; and f) lands zoned General Industrial (M2). Town of Oliver Zoning Bylaw 1350 Page 33

36 8.0 PARKING AND LOADING REGULATIONS 8.1 Off-Street Vehicle Parking Areas.1 Basic Provisions a) Where there is a conflict between Section 8.0 of this bylaw and provincial requirements for vehicle parking and loading, provincial requirements shall prevail. b) Space for the off-street parking and loading of motor vehicles in respect of a class of a building or use under this Bylaw must be provided and maintained in accordance with the regulations of this Section. c) The number of off-street parking and loading spaces for motor vehicles required for any use or class of building is calculated according to Table 8.2 of this Bylaw. d) In reference to a building or use permitted under this Bylaw which is not specifically referred to in Table 8.2, the number of off-street parking and loading spaces is calculated on the basis of the requirements for a similar class of building or use that is listed in Table 8.2. e) Where the calculation of the required off-street parking or loading space results in a fraction, one parking space must be provided in respect of the fraction..2 Location of Off-Street Parking and Loading Spaces a) Off-street parking and loading spaces shall be located on the same parcel as the building or use they serve, except: i) in the Town Centre (C3) Zone, required parking spaces may be located on a separate parcel provided that:.1 the parcel is situated within metres of the building or use;.2 a statutory covenant under s.219 of the Land Title Act is registered against the title of the parcel to ensure that the parking area is used only for parking spaces for the building or use requiring the parking; and.3 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..3 Shared Off-Street Parking Spaces a) Where the peak use of parking spaces for two (2) or more uses on the same or adjacent parcels occurs at different periods of time, the required number of parking spaces required for such uses may be reduced subject to a: i) a written report has been submitted to the Town by a professional engineer experienced in parking matters, recommending such reduction based on supporting evidence; Town of Oliver Zoning Bylaw 1350 Page 34

37 ii) an easement being registered against the title of the parcel or parcels on which the parking spaces are located, in favour of the owners of the parcel on which the buildings requiring the parking is located; and iii) a restrictive covenant in favour of the Town is registered against the title of the parcel or parcels concerned, and limiting the use of the parcels to the uses that have been determined to justify the reduced parking requirement, including any relevant restrictions on the hours of operation of these uses..4 Payment in Lieu of Parking a) Where a property is developed within the Town Centre (C3) Zone, a partial or total reduction of on-site parking requirements is permitted if the owner pays $8, per parking space required but not provided into the Town's collective parking fund. b) Where a change of use occurs within the C3 Zone such that Table 8.2 requires additional parking spaces to those already provided, a partial or total reduction of on-site parking requirements is permitted if the owner pays $8, per parking space required but not provided into the Town's collective parking fund. c) Payment in Lieu of parking is payable at the time when a Building Permit is issued for the building or structure that is being put to the use that requires the parking space specified at Table 8.2, or where no Building Permit is required, the use that requires the parking space specified at Table 8.2 is granted a business licence..5 Off-Street Vehicle Parking Exemptions a) Notwithstanding any other provision found in Section 8.0 of this bylaw, for development on a parcel zoned Town Centre (C3), the minimum number of required off-street vehicle parking spaces for commercial uses shall be reduced by 50%. b) In addition sub-section (a), when a parcel zoned Town Centre (C3) that was vacant on September 6, 2012 is developed, the minimum number of required off-street vehicle parking spaces for commercial uses shall be waived for the first m 2 of gross floor area of the building or structure. c) In any Residential zone, no vehicle or equipment exceeding a gross weight of 4,500 kg, except the recreational vehicle of the property occupant, may be stored or parked on the property unenclosed. d) Notwithstanding Table 8.4, the minimum number of vehicular parking spaces required for any development may be reduced by one (1) parking space for every ten (10) bicycle parking spaces provided under Section Off-Street Vehicle Loading Areas.1 Basic Provisions Town of Oliver Zoning Bylaw 1350 Page 35

38 a) Where a proposal is for new building, or enlargement of existing building, offstreet loading spaces shall be provided by the property owner in accordance with the requirements of this Bylaw. b) The number of off-street loading spaces, required for each use is specified in Table 8.4. c) Where the calculation of the required number of loading spaces yields a fractional number, the required number of loading spaces shall be rounded to the nearest whole number. d) The loading space requirements for more than one (1) use on a single lot or for a building containing more than one (1) use, shall be the sum total of the loading space requirements for each of the component uses. 8.3 Development Standards for Vehicle Parking and Loading Areas.1 Vehicle Parking Space Standards a) 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. b) All off-street automobile parking areas containing three (3) or more spaces in all zones except AG, AGX, RS1, RS2, RS5, C5, M1 and M2, shall provide a 1.0 metre 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. c) Except for parking areas having three (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. d) Off-street automobile parking areas for multifamily residential buildings shall provide a minimum of 20.0% of required parking spaces for visitor use..2 Vehicle Parking Space Dimensions a) In any parking area, each off-street parking space must be developed according to the dimensions in Table outlined below: Town of Oliver Zoning Bylaw 1350 Page 36

39 Figure Parking Dimension Factors Angle (A) Table Minimum Parking Space and Aisle Dimensions Stall Width (B) Curb Length (C) Aisle Width One-Way (D) Aisle Width Two-Way (D) Stall Depth (E) 0 2.4m 6.6m 3.7m 6.1m 2.4m m 5.2m 3.7m 6.1m 5.1m m 3.7m 3.7m 6.1m 5.8m m 3.0m 5.0m 6.1m 6.1m m 2.6m 6.6m 6.6m 5.5m b) Where one or both sides of a parking space abut a wall or other barrier more than 0.15 metres high, an additional 0.3 metres 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. c) Despite Section 8.3.2(a), the minimum required off-street parking space dimensions in Table may be reduced for up to 20% of the parking spaces to 2.4 metres wide and 5.0 metres long to accommodate small cars, provided that the spaces are clearly identified, grouped and signed for small car use only. Town of Oliver Zoning Bylaw 1350 Page 37

40 d) Where angle parking stalls are designed pointing parked cars into a landscaped area, up to 0.4 metres 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 0.15 metres high, and parking space lengths may be reduced accordingly..3 Vehicle Loading Space Dimensions a) Truck loading spaces shall be of adequate size and accessibility to accommodate the vehicles expected to load and unload, but in no case shall a loading space be: i) less than 28.0 m 2 in area, ii) less than 3.0 metres in width, or iii) have less than 4.0 metres in overhead clearance. b) Access to any loading area shall be provided on-site or from a lane abutting the parcel, and arranged such that no backing or turning movement of vehicles going to or from the parcel causes interference with traffic on the abutting highways. This only applies to any new construction and/or redevelopment of a site..4 Vehicle Parking Spaces for Persons with Disabilities a) Automobile parking spaces for persons with disabilities shall be: (i) Designated as parking space for persons with disabilities using appropriate signage. (ii) Included in the calculation of the applicable minimum parking requirement. (iii) A minimum of 3.7 metres in width and have a depth of no less than 6.0 metres perpendicular to the aisle. 8.4 Vehicle Parking and Loading Area Requirements Column I Class of Building Residential Building containing 2 or less dwellings Dwellings in buildings also used for commercial use Table 8.4 Vehicle Parking and Loading Area Requirements Column II Minimum Required Parking Spaces 2 per dwelling 0 spaces 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 gross floor area for the commercial use(s) Column III Minimum Required Loading Spaces 1 passenger loading space and 1 loading space per 20 dwellings for the residential use; plus 1 per m 2 gross floor area for the commercial use(s) Town of Oliver Zoning Bylaw 1350 Page 38

41 Column I Class of Building Apartments, and Townhouses Bed and Breakfast Residential-Tourist Accommodation Units Commercial Table 8.4 Vehicle Parking and Loading Area Requirements Column II Minimum Required Parking Spaces 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 with no separate bedroom 1 per 4 guest suites plus 2 for the dwelling unit 1 per residential-tourist accommodation dwelling unit Column III Minimum Required Loading Spaces 1 passenger loading space and 1 loading space per 20 dwellings 0 spaces 0 spaces Motel 1 per motel unit 0 spaces Hotel 1 per 3 hotel rooms plus 1 per 4 1 per 1500m 2 gross floor area seats for dining and lounge facilities Golf Driving Range 1 per tee box 0 spaces Golf Course 2.5 per hole 0 spaces Eating and drinking 1 per 4 seats 1 per m 2 gross floor area establishment Commercial Retail, Office 1 per 30.0m 2 gross floor area 1 per m 2 gross floor area and Personal Service Buildings Shopping Centre 1 per 17.5m 2 gross leasable area 1 per m 2 gross floor area Industrial Service Stations, Garages, Auto Body Shops, Paint Shops Warehouse, Storage, Manufacturing, or Wholesale Buildings 3 per service bay or 1 per 50.0m 2 gross floor area, whichever is larger 1 per m 2 gross floor area 1 per 100.0m 2 gross floor area 1 per m 2 gross floor area Institutional Assisted Living Housing 1 per 3 beds 1 passenger loading space per 10 beds Hospital 1 per 4 beds 1 passenger loading space and 1 loading space per 40 beds Extended Care Residence Building for public institution use 1 per 4 beds 1 passenger loading space per 10 beds 1 per 30.0m 2 gross floor area 1 per m 2 gross floor area Town of Oliver Zoning Bylaw 1350 Page 39

42 Column I Class of Building Kindergarten, Elementary and Junior Secondary School Table 8.4 Vehicle Parking and Loading Area Requirements Column II Minimum Required Parking Spaces Column III Minimum Required Loading Spaces 2 per classroom 3 passenger loading spaces per 100 students, plus 1 loading space per m 2 gross floor area Senior Secondary School 3 per classroom 1.5 passenger loading space per 100 students, plus 1 loading space per m 2 gross floor area Assembly uses, Funeral Homes, Theatres and Lodges Buildings for recreation use 1 per 5 seats or per 1 per m 2 gross floor area 20.0m 2 gross floor area, whichever is larger 1 per 30.0m 2 gross floor area 1 per m 2 gross floor area 8.5 Off-Street Bicycle Parking.1 Basic Provisions a) Where calculation of the total number of bicycle parking spaces yields a fractional number, the required number of spaces shall be rounded to the nearest whole number; b) Where more than one calculation of bicycle parking space requirements is specified for a land use, the greater requirement shall be applied; and c) Where Table does not clearly define requirements for a particular permitted use the single use or combination of uses most representative of the proposed permitted use shall be used to determine the parking requirement..2 Development Standards for Bicycle Parking a) Each required short term bicycle parking stall shall be: i) 0.6 metres wide by 1.8 metres long; and ii) have a vertical clearance of at least 1.9 metres. b) Bicycle parking, long-term shall be located in bicycle lockers, compounds or rooms with lockable doors specifically provided and equipped for bicycle storage. c) Bicycle parking, short-term shall consist of bicycle parking racks constructed of theft-resistant material, shall be securely anchored to the floor, building, or ground, supporting the bicycle frame above the centre of gravity, and enabling the bicycle frame and front or rear wheel to be locked; and d) Bicycle racks shall be located in a convenient, well-lit location that is easily located and accessible by visitors and subject to casual surveillance by occupants of the building served by the bicycle rack..3 Bicycle Parking Requirements Town of Oliver Zoning Bylaw 1350 Page 40

43 Table Bicycle Parking Requirements Class of Building Apartment and/or Townhouse Dwelling Commercial uses Industrial uses Minimum Required Parking Spaces - long-term Minimum of 1 space per dwelling unit Minimum of 1 space per 1,000m 2 of floor area Minimum of 1 space per 1,000m 2 of floor area Minimum Required Parking Spaces - short-term Minimum of 0.5 spaces per dwelling unit for any development with 10 or more dwelling units to a maximum of 20 spaces Minimum of 1 space per 200m 2 of floor area for floor area beyond the first 200m 2 Minimum of 1 space per 350m 2 of floor area beyond the first 350m 2 Town of Oliver Zoning Bylaw 1350 Page 41

44 9.0 SUBDIVISION REGULATIONS 9.1 Minimum Parcel Size Exceptions for Subdivision Minimum parcel size for subdivision requirements of this Bylaw do not apply to:.1 the consolidation of existing parcels or the addition of closed streets to an existing parcel;.2 the alteration of lot lines between two or more parcels where: a) no additional parcels are created upon completion of the alteration; b) the altered lot line does not infringe on the required setbacks for an existing building or structure located on a parcel; c) the alteration does not reduce the site area of the parcels involved to a size less than that of the smallest parcel that existed prior to the alteration..3 an existing parcel that meets the present minimum parcel size requirements of this Bylaw must not, upon completion of a parcel line alteration, have a parcel size less than that required within the respective zone;.4 the creation of a parcel within a residential zone for a utility service use, provided that the parcel area shall not be less than m 2, and a statutory covenant under s. 219 of the Land Title Act is registered in favour of the Town of Oliver restricting its use to utility services and prohibiting exterior storage. 9.2 Minimum Parcel Width for Subdivision Exceptions Minimum parcel width for subdivision requirements of this Bylaw do not apply to:.1 The creation of a panhandle lot, provided that the minimum parcel width of the panhandle shall be in accordance with the following: Number of Dwelling Units Length of Panhandle Minimum Parcel Width metres or less 4.5 metres metres or greater 5.0 metres 2 Not applicable 6.0 metres 3 or greater Not applicable 6.0 metres.2 The creation of a parcel within a residential zone for a utility service use, provided that the parcel width shall not be less than 7.5 metres, and a statutory covenant under s. 219 of the Land Title Act is registered in favour of the Town of Oliver restricting its use to utility services and prohibiting exterior storage. 9.3 Hooked Parcels A hooked parcel may be created where each portion satisfies the minimum parcel area requirements of the applicable zone. Town of Oliver Zoning Bylaw 1350 Page 42

45 10.0 RURAL ZONES 10.1 AGRICULTURE (AG) ZONE Intent: The intent is to provide a zone for agriculture and compatible accessory uses..1 Permitted Uses: Principal Uses: a) agriculture, including sales; b) processing of farm and off-farm products, including sales; c) packing and storage of farm products, including sales; d) wineries and cideries, including sales; e) fruit stands; f) veterinary clinic; g) stables; h) single detached dwelling; i) silviculture; Accessory Uses: j) accessory dwellings for farm labour; k) secondary suite, subject to Section 6.7; l) home occupation, subject to Section 6.10; m) home industry, subject to Section 6.11; n) bed and breakfast operations, subject to Section 6.12; and o) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 2.0 ha; b) where the Agricultural Land Commission permits a subdivision under it homesite severance policy, there shall be no minimum parcel size..3 Minimum Parcel Width: a) Not less than 25% of the parcel depth.4 Minimum Parcel Depth: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 43

46 .5 Maximum Number of Dwellings Permitted Per Parcel: a) the number of principal dwellings and the number of accessory dwellings permitted per parcel shall be as follows: PARCEL AREA MAXIMUM NUMBER OF PRINCIPAL DWELLINGS MAXIMUM NUMBER OF ACCESSORY DWELLINGS FOR FARM LABOUR Less than 2.0 ha ha to 8.0 ha 1 1 Greater than 8.0 ha 2 0 Greater than 8.0 ha 1 2 b) one (1) secondary suite; c) despite Section (a), for parcels situated within the Agricultural Land Reserve, all dwellings in excess of one (1) must be used only for the accommodation of a member of the owner s immediate family and/or persons engaged in farming on parcels classified as farm under the Assessment Act..6 Minimum Setbacks: a) Building and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 4.0 metres iv) Exterior side parcel line 4.5 metres b) Accessory building and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 4.0 metres iv) Exterior side parcel line 4.5 metres c) Building and structures containing livestock: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 7.5 metres iv) Exterior side parcel line 7.5 metres v) Dwelling unit 12.0 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 15.0 metres. Town of Oliver Zoning Bylaw 1350 Page 44

47 .8 Maximum Parcel Coverage: a) 30%; b) despite Section (a), 75% for parcels 1.0 ha or greater in area with the additional 60% to be used only for greenhouse structures..9 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit for farm labour shall be 45.0 m 2 ; b) No accessory dwelling for farm labour unit shall have a floor area greater than 70.0 m 2, except for one accessory dwelling for farm labour unit which may have a floor area no greater than m Site Specific Agriculture (AGs) Provisions: a) Not applicable. Town of Oliver Zoning Bylaw 1350 Page 45

48 10.2 AGRICULTURE TRANSITION (AGX) ZONE Intent: The intent is to provide a zone for parcels that have historically been zoned agriculture, but which are no longer within the Agricultural Land Reserve (ALR) and have been designated for other, non-farm uses under the Official Community Plan..1 Permitted Uses: Principal Uses: a) agriculture, including sales; b) single detached dwelling; Accessory Uses: c) secondary suite, subject to Section 6.7; d) home occupation, subject to Section 6.10; e) bed and breakfast operations, subject to Section 6.12; and f) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha.3 Minimum Parcel Width: a) Not applicable.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling; and b) one (1) secondary suite..6 Minimum Setbacks: a) Building and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 4.0 metres iv) Exterior side parcel line 4.5 metres b) Accessory building and structures: i) Front parcel line 7.5 metres Town of Oliver Zoning Bylaw 1350 Page 46

49 ii) Rear parcel line 7.5 metres iii) Interior side parcel line 4.0 metres iv) Exterior side parcel line 4.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..8 Maximum Parcel Coverage: a) 35%.9 Minimum Floor Area: a) 45.0 m 2 for dwelling units.10 Keeping of Livestock: a) On any parcel 2.0 ha or less in area, the total number of horses, sheep, or other similar large animals shall not exceed one for each 0.4 ha or fraction thereof of lot or site area in excess of 0.4 ha; b) On any parcel 2.0 ha or less in area, the total number of fowl, rabbits, or other small fur-bearing animals, or the number of colonies of bees, shall not exceed 25 plus one for each 50.0m 2 or fraction thereof of lot or site area in excess of 0.4 ha; and c) despite sub-section (b), in the case of chinchillas, the maximum number allowed on a lot or site less than 0.4 ha is Site Specific Agriculture Transition (AGXs) Provisions: b) Not applicable Town of Oliver Zoning Bylaw 1350 Page 47

50 11.0 LOW DENSITY RESIDENTIAL ZONES 11.1 RESIDENTIAL LOW DENSITY ONE (RS1) ZONE Intent: The intent is to provide a zone for single detached housing, and compatible accessory uses, on medium sized serviced urban lots..1 Permitted Uses: Principal Uses: a) single detached dwelling; Accessory Uses: b) secondary suite, subject to Section 6.7; c) carriage home, subject to Section 6.8; d) home occupation, subject to Section 6.10; e) bed and breakfast operation, subject to Section 6.12; and f) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) 27.0 metres.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling; and b) one (1) secondary suite or carriage home..6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres; or for a garage or carport fronting a highway 6.0 metres ii) Rear parcel line 6.0 metres; or where the lot width exceeds the lot depth 4.5 metres Town of Oliver Zoning Bylaw 1350 Page 48

51 iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres; or for a garage or carport fronting a highway 6.0 metres b) Accessory buildings and structures: i) Front parcel line 4.5 metres ii) Rear parcel line 1.5 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres, subject to Section Maximum Parcel Coverage: a) 40%.9 Minimum Floor Area: a) 45.0 m 2 for dwelling units.10 Site Specific Residential Low Density One (RS1s) Provisions: a) In the case of land described as Lot A, Plan KAP21469, District Lot 2450S, SDYD (5801 Sawmill Road), and shown shaded yellow on Figure (a): i) the following principal/accessory use(s) shall be permitted on the land in addition to the permitted uses listed in Section XXXX. Residential Low Density One Site Specific (RS1s) N Figure (a) Town of Oliver Zoning Bylaw 1350 Page 49

52 Figure 11.1 RS1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 50

53 11.2 RESIDENTIAL LOW DENSITY TWO (RS2) ZONE Intent: The intent is to provide a zone for single detached housing, and compatible accessory uses, on smaller serviced urban lot..1 Permitted Uses: Principal Uses: a) single detached dwelling; Accessory Uses: b) secondary suite, subject to Section 6.7; c) carriage home, subject to Section 6.8; d) home occupation, subject to Section 6.10; e) bed and breakfast operation, subject to Section 6.12; and f) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) 27.0 metres.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling; and b) one (1) secondary suite or carriage home..6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres; or for a garage or carport fronting a highway 6.0 metres ii) Rear parcel line 6.0 metres; or where the lot width exceeds the lot depth 4.5 metres iii) Interior side parcel line 1.2 metres iv) Exterior side parcel line 3.5 metres; or Town of Oliver Zoning Bylaw 1350 Page 51

54 for a garage or carport fronting a highway 6.0 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 1.5 metres iii) Interior side parcel line 1.2 metres iv) Exterior side parcel line 3.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres, subject to Section Maximum Parcel Coverage: a) 45%.9 Minimum Floor Area: a) 45.0 m 2 for dwelling units.10 Site Specific Residential Low Density Two (RS2s) Provisions: a) Not applicable Figure 11.2 RS2 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 52

55 11.3 RESIDENTIAL LOW DENSITY (STRATA) THREE (RS3) ZONE Intent: The purpose is to provide a zone for single family dwellings in a bare land strata plan on serviced urban lots..1 Permitted Uses: Principal Uses: a) single detached dwelling; Accessory Uses: b) secondary suite, subject to Section 6.7; c) home occupation, subject to Section 6.10; d) bed and breakfast operation, subject to Section 6.12; e) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; b) 1,050 m 2, when connected to the municipal sewer system; or c) 350 m 2, for the purpose of subdivision under the Strata Property Act, and when connected to the municipal sewer system..3 Minimum Parcel Width: a) 25.0 metres (fee simple parcel); b) 10.0 metres (bare land strata parcel)..4 Minimum Parcel Depth: a) 27.0 metres (fee simple parcel); b) 15.0 metres (bare land strata parcel)..5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling; and b) one (1) secondary suite..6 Minimum Setbacks:.1 Buildings and structures: a) Front parcel line 4.5 metres b) Rear parcel line 6.0 metres; or where the lot width exceeds the lot depth 4.5 metres c) Interior side parcel line 3.5 metres Town of Oliver Zoning Bylaw 1350 Page 53

56 d) Exterior side parcel line 2.4 metres.2 Accessory buildings and structures: a) Front parcel line 6.0 metres b) Rear parcel line 3.0 metres c) Interior side parcel line 1.5 metres d) Exterior side parcel line 2.4 metres.3 Within each bare land strata parcel (subject to Section (a)), the minimum setbacks for buildings and structures from boundary lines are: a) Front parcel line 4.5 metres b) Rear parcel line 1.2 metres c) Interior side parcel line 1.2 metres d) Exterior side parcel line 4.5 metres.4 Within each bare land strata parcel (subject to Section (a)), the minimum setbacks for accessory buildings and structures from boundary lines are: a) Front parcel line 4.5 metres b) Rear parcel line 1.2 metres c) Interior side parcel line 1.2 metres d) Exterior side parcel line 4.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..8 Maximum Parcel Coverage: a) 45%.9 Minimum Floor Area: a) 45.0 m 2 for dwelling units.10 Site Specific Residential Low Density (Strata) Three (RS3s) Provisions: a) In the case of land described as Lots 1-44, Plan KAS2813, District Lot 2450S, SDYD (6833 Meadows Drive), and shown shaded yellow on Figure (a): i) despite Section , the minimum parcel line setbacks shall be as follows:.1 Buildings and structures: a) Front parcel line 2.5 metres b) Rear parcel line 3.0 metres Town of Oliver Zoning Bylaw 1350 Page 54

57 ii) c) Interior side parcel line 3.0 metres d) Exterior side parcel line 3.0 metres.2 Within each bare land strata parcel (subject to Section (a)(i)(1)), the minimum setbacks for buildings and structures from boundary lines are: a) Front parcel line 2.0 metres; or for a garage or carport having vehicular access 5.5 metres a) Rear parcel line 3.0 metres b) Interior side parcel line 1.2 metres c) Exterior side parcel line 2.0 metres.3 Within each bare land strata parcel (subject to Section (a)(i)(1)), the minimum setbacks for accessory buildings and structures from boundary lines are: b) Front parcel line 2.0 metres; or for a garage or carport having vehicular access 5.5 metres c) Rear parcel line 1.2 metres d) Interior side parcel line 1.2 metres e) Exterior side parcel line 2.0 metres.4 Within each common strata property parcel, the minimum setbacks for accessory buildings and structures from boundary lines are: a) Front parcel line 3.5 metres b) Rear parcel line 3.5 metres c) Interior side parcel line 3.5 metres d) Exterior side parcel line 3.5 metres despite Section 6.6, the maximum height for a fence within a front setback shall be 1.8 metres. Town of Oliver Zoning Bylaw 1350 Page 55

58 Residential Low Density (Strata) Three Site Specific (RS3s) N Figure (a) Town of Oliver Zoning Bylaw 1350 Page 56

59 Figure 11.3 RS3 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 57

60 11.4 RESIDENTIAL LOW DENSITY FOUR (RS4) ZONE Intent: The intent is to provide a zone for single detached housing, and compatible accessory uses, on smaller serviced urban lots..1 Permitted Uses: Principal Uses: a) single detached dwelling; Accessory Uses: b) secondary suite, subject to Section 6.7; c) home occupation, subject to Section 6.10; d) bed and breakfast operation, subject to Section 6.12; and e) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) 350 m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 12.0 metres.4 Minimum Parcel Depth: a) 25.0 metres.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling unit; and b) one (1) secondary suite..6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 5.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 1.2 metres iv) Exterior side parcel line 3.5 metres b) Accessory buildings and structures: i) Front parcel line 5.0 metres ii) Rear parcel line 1.5 metres Town of Oliver Zoning Bylaw 1350 Page 58

61 iii) Interior side parcel line iv) Exterior side parcel line 1.2 metres 3.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..8 Maximum Parcel Coverage: a) 50%.9 Minimum Floor Area: a) 45.0 m 2 for dwelling units.10 Site Specific Residential Low Density Four (RS4s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 59

62 11.5 RESIDENTIAL LOW DENSITY DUPLEX (RD1) ZONE 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..1 Permitted Uses: Principal Uses: a) single detached dwelling; b) duplex; Accessory Uses: c) secondary suite, subject to Section 6.7; d) home occupation, subject to Section 6.10; e) bed and breakfast operation, subject to Section 6.12; and f) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; b) m 2, when connected to the municipal sewer system; or c) m 2, for the purpose of subdivision of duplexes into their individual units, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 18.0 metres.4 Minimum Parcel Depth: a) 27.0 metres.5 Maximum Number of Dwellings Permitted Per Parcel: a) two (2) principal dwelling units, provided that both dwellings are located in one (1) residential building; and b) one (1) secondary suite in each principal dwelling unit..6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres; or for a garage or carport fronting a highway 6.0 metres Town of Oliver Zoning Bylaw 1350 Page 60

63 ii) Rear parcel line 6.0 metres; or where the lot width exceeds the lot depth iii) Interior side parcel line iv) Exterior side parcel line for a garage or carport fronting a highway b) Accessory buildings and structures: 4.5 metres 1.5 metres 3.5 metres; or 6.0 metres i) Front parcel line 6.0 metres ii) Rear parcel line 1.5 metres iii) Interior side parcel line iv) Exterior side parcel line 1.5 metres 3.5 metres c) Despite Section (a)(iii), in the case of a side-by-side duplex being subdivided for the purpose of creating individual ownership, an interior side parcel line setback between dwelling units shall not be required, provided the property line follows the centre line of the common party wall..7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..8 Maximum Parcel Coverage: a) 50%.9 Minimum Floor Area: a) 45.0 m 2 for dwelling units.10 Site Specific Residential Low Density (Duplex) Five (RS5s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 61

64 Figure 11.5 RD1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 62

65 11.6 RESIDENTIAL MANUFACTURED HOME PARK (RSM) ZONE Intent: The intent is to provide a zone for manufactured homes, and compatible accessory uses, within a manufactured home park..1 Permitted Uses: Principal Uses: a) manufactured homes; b) manufactured home park; c) single detached dwelling; Accessory Uses: d) home occupation, subject to Section 6.10; e) convenience store; f) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, for a manufactured home park; or b) 325 m 2 for each manufactured home space..3 Minimum Parcel Width: a) 30.0 metres for a manufactured home park, within which: i) a minimum of 12.0 metres shall be provided for each manufactured home space abutting an internal road; and ii) a minimum of 6.0 metres shall be provided for each manufactured home space abutting a cul-de-sac..4 Minimum Parcel Depth: a) 30.0 metres for a manufactured home park.5 Maximum Number of Dwellings Permitted Per Parcel: a) 20 dwellings per hectare.6 Maximum Number of Dwellings Permitted Per Manufactured Home Space: a) one (1) manufactured home per manufactured home space; and b) one (1) single detached dwelling per manufactured home park..7 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres Town of Oliver Zoning Bylaw 1350 Page 63

66 ii) Rear parcel line 4.5 metres iii) Interior side parcel line iv) Exterior side parcel line 4.5 metres 4.5 metres b) Within each manufactured home space (subject to Section (a)), the minimum setbacks for buildings and structures from boundary lines are: i) Front parcel line 3.0 metres ii) Rear parcel line 1.5 metres iii) Interior side parcel line iv) Exterior side parcel line 1.5 metres 3.0 metres c) Within each manufactured home space (subject to Section (a)), the minimum setbacks for accessory buildings and structures from boundary lines are: i) Front parcel line 4.5 metres ii) Rear parcel line 1.0 metres iii) Interior side parcel line iv) Exterior side parcel line 1.0 metres 3.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Manufactured Home Space Coverage: a) 45%.10 Minimum Floor Area: a) 45.0 m 2 for dwelling units.11 Amenity Area Requirements: a) The following amenity and open space area(s) shall be provided for each dwelling unit: i) a contiguous area of not less than 40.0 m 2 ; ii) to be located immediately adjacent to and be accessible from a habitable room of the dwelling unit; iii) shall not include any required storage area, driveway, off-street parking area or building setback area except the rear setback area; and iv) must be marked on the site plan submitted with the Building Permit application for the development of a dwelling unit on the parcel..12 General Provisions: Town of Oliver Zoning Bylaw 1350 Page 64

67 a) All provisions in the Town of Oliver s Manufactured Home Park Regulations Bylaw No. 1327, 2012, as amended from time to time that have not been specified in this particular bylaw shall be met..13 Site Specific Residential Manufactured Home Park (RSMs) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 65

68 12.0 MEDIUM DENSITY RESIDENTIAL ZONES 12.1 RESIDENTIAL MEDIUM DENSITY ONE (RM1) ZONE Intent: The intent is to provide a zone for comprehensively designed low profile multiple attached housing up to two storeys high..1 Permitted Uses: Principal Uses: a) townhouse; b) apartment building; Accessory Uses: c) home occupation, subject to Section 6.10; d) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 20.0 metres.4 Minimum Parcel Depth: a) 25.0 metres.5 Maximum Density: a) 30 dwelling units per hectare.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 4.0 metres b) Accessory buildings and structures: Town of Oliver Zoning Bylaw 1350 Page 66

69 i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 4.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 40%.10 Amenity Area Requirements: a) The following amenity and open space area(s) shall be provided for each dwelling unit: i) 40.0 m 2 per dwelling unit, of which not more than 5.0 m 2 shall be comprised of private balcony space; and ii) not less than 25.0% of required amenity space is to be located at grade..11 Site Specific Residential Medium Density One (RM1s) Provisions: a) in the case of land described as Lot 1, Plan KAP90417, District Lot 2450S, SDYD (930 Fairview Road) and shown shaded yellow on Figure (a): i) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section : ii).1 duplex. the following accessory use shall be permitted on the land in addition to the permitted uses listed in Section :.1 secondary suite. Town of Oliver Zoning Bylaw 1350 Page 67

70 Residential Medium Density One Site Specific (RM1s) N Figure (a) b) in the case of land shown shaded yellow on Figure (b): i) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section :.1 duplex. ii) the following accessory use shall be permitted on the land in addition to the permitted uses listed in Section :.1 secondary suite. N Residential Medium Density One Site Specific (RM1s) Figure (b) Town of Oliver Zoning Bylaw 1350 Page 68

71 c) in the case of land described as Lot 22, Block 7, District Lot 2450S, SDYD (6231 Kootenay Street); Lot 20, Block 7, District Lot 2450S, SDYD (6253 Kootenay Street); and Lot 19, Block 7, District Lot 2450S, SDYD (6263 Kootenay Street); and shown shaded yellow on Figure (c): i) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section : ii).1 duplex. the following accessory use shall be permitted on the land in addition to the permitted uses listed in Section :.1 secondary suite. Residential Medium Density One Site Specific (RM1s) N Figure (c) Town of Oliver Zoning Bylaw 1350 Page 69

72 Figure 12.1 RM1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 70

73 12.2 RESIDENTIAL MEDIUM DENSITY TWO (RM2) ZONE Intent: The intent is to provide a zone for comprehensively designed medium profile multiple attached housing up to three storeys high..1 Permitted Uses: Principal Uses: a) apartment building; b) townhouse Accessory Uses: c) home occupation, subject to Section 6.10; d) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 20.0 metres.4 Minimum Parcel Depth: a) 25.0 metres.5 Maximum Density: a) 50 dwelling units per hectare.6 Maximum Floor Area Ratio: a) 0.60; b) Despite Section (a), 0.75, when all required vehicle parking is provided below grade..7 Minimum Setbacks: a) Buildings and structures: i) Front parcel line:.1 1 st & 2 nd storey 4.5 metres.2 3 rd storey 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line: Town of Oliver Zoning Bylaw 1350 Page 71

74 .1 1 st & 2 nd storey 2.4 metres.2 3 rd storey 6.0 metres iv) Exterior side parcel line 4.0 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 4.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 14.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 40%.10 Amenity Area Requirements: a) The following amenity and open space area(s) shall be provided for each dwelling unit: i) 40.0 m 2 per dwelling unit, of which not more than 5.0 m 2 shall be comprised of private balcony space; and ii) not less than 25.0% of required amenity space is to be located at grade..11 Site Specific Residential Medium Density Two (RM2s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 72

75 Figure 12.2 RM2 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 73

76 13.0 HIGH DENSITY RESIDENTIAL ZONES 13.1 RESIDENTIAL HIGH DENSITY ONE (RH1) ZONE Intent: The intent is to provide a zone for comprehensively designed medium profile multiple attached housing..1 Permitted Uses: Principal Uses: a) apartment building; b) townhouse; Accessory Uses: c) home occupation, subject to Section 6.10; d) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 20.0 metres.4 Minimum Parcel Depth: a) 25.0 metres.5 Maximum Density: a) 80 dwelling units per hectare.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line: 1. 1 st & 2 nd storey 4.5 metres 2. 3 rd & 4 th storey 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line: Town of Oliver Zoning Bylaw 1350 Page 74

77 1. 1 st & 2 nd storey 2.4 metres 2. 3 rd & 4 th storey 6.0 metres iv) Exterior side parcel line 6.0 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 6.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 18.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 45%.10 Amenity Area Requirements: a) The following amenity and open space area(s) shall be provided for each dwelling unit: i) 40.0 m 2 per dwelling unit, of which not more than 5.0 m 2 shall be comprised of private balcony space; and ii) not less than 25.0% of required amenity space is to be located at grade..11 Site Specific Residential High Density One (RH1s) Provisions: a) In the case of land described as Lot A, Plan 51354, District Lot 2450s, SDYD (301 McKinney Road), and shown shaded yellow on Figure (a) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section : i) residential-tourist accommodation units, provided 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. Town of Oliver Zoning Bylaw 1350 Page 75

78 Residential High Density One Site Specific (RH1s) N Figure (a) Figure 13.1 RH1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 76

79 13.2 RESIDENTIAL ASSISTED LIVING (RAL) ZONE Intent: The intent is to provide a zone to allow the construction of assisted living and congregate care residential facilities..1 Permitted Uses: Principal Uses: a) assisted living housing; Accessory Uses: b) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) 1,800.0 m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 20.0 metres.4 Minimum Parcel Depth: a) 25.0 metres.5 Maximum Density: a) 225 sleeping units per hectare.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line: 1. 1 st & 2 nd storey 4.5 metres 2. 3 rd & 4 th storey 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line: 1. 1 st & 2 nd storey 2.4 metres 2. 3 rd & 4 th storey 6.0 metres iv) Exterior side parcel line 6.0 metres b) Accessory buildings and structures: Town of Oliver Zoning Bylaw 1350 Page 77

80 i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 6.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 18.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 50%.10 Minimum Floor Area: a) 30.0 m 2 per sleeping unit..11 Amenity Area Requirements: a) The following amenity and open space area(s) shall be provided for each dwelling unit: i) 40.0 m 2 per dwelling unit, of which not more than 5.0 m 2 shall be comprised of private balcony space; and ii) not less than 25.0% of required amenity space is to be located at grade..12 Site Specific Residential Assisted Living (RALs) Provisions: a) in the case of land described as Lot A, Plan 34439, District Lot 2450s, SDYD (409 Salamander Avenue), and shown shaded yellow on Figure (a): i) despite Section (a), the minimum setbacks shall be as follows: ii).1 front parcel line 6.0 metres (intersection of Meadows Drive and Salamander Avenue).2 exterior parcel line (Meadows Drive) 3.0 metres.3 exterior parcel line (Salamander Avenue) 3.0 metres.4 rear parcel line (southern) 3.0 metres despite Section (b), the minimum rear (southern) parcel line setback for an accessory building or structure shall be 1.5 metres. Town of Oliver Zoning Bylaw 1350 Page 78

81 Residential Assisted Living Site Specific (RALs) N Figure (a) Town of Oliver Zoning Bylaw 1350 Page 79

82 14.0 COMMERCIAL ZONES 14.1 NEIGHBOURHOOD COMMERCIAL (C1) ZONE Intent: The intent is to provide a zone for areas that serve the daily needs of residents in close proximity to where they live..1 Permitted Uses: Principal Uses: a) convenience store; b) eating and drinking establishment, excluding drive-thru food services; c) personal service establishment; d) retail establishment, minor; Accessory Uses: e) dwelling unit; f) home occupation, subject to Section 6.10; and g) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres Town of Oliver Zoning Bylaw 1350 Page 80

83 iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 10.5 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 35%.10 Dwelling Unit Regulations a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; b) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses..11 Site Specific Neighbourhood Commercial (C1s) Provisions: a) Not applicable Figure 14.1 C1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 81

84 14.2 HIGHWAY COMMERCIAL (C2) ZONE Intent: The intent is to provide a zone for general commercial activities in an area that is transitioning to highway commercial development..1 Permitted Uses: Principal Uses: a) convenience store; b) eating and drinking establishment; c) education services, minor; d) indoor commercial entertainment or recreation; e) laundromat; f) library; g) office; h) personal service establishment; i) retail establishment, major; Accessory Uses: j) dwelling unit; k) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: Town of Oliver Zoning Bylaw 1350 Page 82

85 i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Rear parcel line (adjacent a Residential Zone) 6.0 metres iv) Interior side parcel line 1.5 metres v) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Rear parcel line (adjacent a Residential Zone) 6.0 metres iv) Interior side parcel line 1.5 metres v) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 12.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 50%.10 Dwelling Unit Regulations a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; b) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses..11 Site Specific Commercial Transition (C2s) Provisions: a) in the case of land described as Lot 1, Plan 38137, District Lot 2450S, SDYD, and shown shaded yellow on Figure (i): i) despite Section , the maximum floor area ration (FAR) for a building or structure shall be 0.6; ii) despite Section (a)(i), 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 of $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. Payments received under this section may only be used by the Town for any of the following community amenities or affordable housing initiatives: Town of Oliver Zoning Bylaw 1350 Page 83

86 .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. iii) despite Section , where a parcel line is adjacent to Airport Street, the setback shall be 3.0 metres; iv) despite Section , the maximum height of a building or structure shall be 14.7 metres above metres (GSC datum). The height of any building shall be designed in a manner that does not contravene Transport Canada safety requirements and airport operations; v) despite Section :.1 Residential development above the ground floor commercial shall not be closer than 6.0 metres to Airport Street..2 Residential development at grade level is permitted but shall not be closer than 18.0 metres to Airport Street, and residential development shall only be permitted in conjunction with commercial development adjacent to the entire length of Airport Street vi) Despite Section 8.0, 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. Highway Commercial Site Specific (C2s) N Figure (a) Town of Oliver Zoning Bylaw 1350 Page 84

87 Figure 14.2 C2 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 85

88 14.3 TOWN CENTRE (C3) ZONE Intent: The intent is to provide a zone for a mixed use residential and commercial town center area..1 Permitted Uses: Principal Uses: a) art gallery; b) convenience store; c) education service, minor; d) hotel; e) indoor commercial entertainment or recreation; f) library; g) office; h) personal service establishment; i) eating and drinking establishment, excluding drive-thru food services; j) retail establishment, major; Accessory Uses: k) dwelling unit; l) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 4.5 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) Not applicable.6 Maximum Floor Area Ratio: a) Minimum Setbacks: Town of Oliver Zoning Bylaw 1350 Page 86

89 a) Buildings and structures: i) Front parcel line 0.0 metres ii) Rear parcel line:.1 adjacent a Residential Zone (no lane) 6.0 metres.2 adjacent a Residential Zone (lane) 3.0 metres.3 adjacent all other Zones 0.0 metres iii) Interior side parcel line 0.0 metres iv) Exterior side parcel line 0.0 metres b) Accessory buildings and structures: i) Front parcel line 0.0 metres ii) Rear parcel line:.1 adjacent a Residential Zone (no lane) 6.0 metres.2 adjacent a Residential Zone (lane) 3.0 metres.3 adjacent all other Zones 0.0 metres iii) Interior side parcel line 0.0 metres iv) Exterior side parcel line 0.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 18.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 100%.10 Dwelling Unit Regulations a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; b) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses..11 Site Specific Town Centre (C3s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 87

90 Figure 14.3 C3 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 88

91 14.4 TOWN CENTRE FRINGE (C4) ZONE Intent: The intent is to provide a zone for a mixed use residential and commercial town center area..1 Permitted Uses: Principal Uses: a) business service establishment b) eating and drinking establishment; c) food and beverage processing; d) indoor commercial entertainment or recreation; e) office f) personal service establishment; g) retail establishment, major; h) service industry establishment, minor; i) veterinary clinic; j) wholesale store and warehouses; Accessory Uses: k) dwelling unit; l) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 30.0 metres.4 Minimum Parcel Depth: a) 30.0 metres.5 Maximum Number of Dwellings Permitted Per Parcel: a) Not applicable.6 Maximum Floor Area Ratio: a) Minimum Setbacks: Town of Oliver Zoning Bylaw 1350 Page 89

92 a) Buildings and structures: i) Front parcel line 0.0 metres ii) Rear parcel line: 0.0 metres iii) Interior side parcel line iv) Exterior side parcel line b) Accessory buildings and structures: 0.0 metres 0.0 metres i) Front parcel line 0.0 metres ii) Rear parcel line: 0.0 metres iii) Interior side parcel line iv) Exterior side parcel line 0.0 metres 0.0 metres c) Despite Section (a) & (b), a food and beverage processing use shall not be permitted within a distance of 10.0 metres from the parcel line adjacent to Main Street..8 Maximum Height: a) No building or structure shall exceed a height of 12.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 100%.10 Dwelling Unit Regulations a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; b) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses..11 Commercial Use Regulations a) Animal services, including veterinary clinics; mini-storage, warehouse and wholesale; business service establishments; and service industry establishment, minor uses must be located at least one storey below the grade of the front property line, and must be accessed via an entrance at the rear of the property, adjacent to a rear lane. b) All repair and manufacturing is to take place only within fully enclosed buildings. Storage of materials or products is to be inside buildings 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 front street. c) Sale, salvage or repair of internal combustion engines, automobiles, trucks or heavy equipment is not permitted. Town of Oliver Zoning Bylaw 1350 Page 90

93 d) Bulk storage of liquid chlorine, liquefied petroleum gas, explosives within the meaning of the explosives act, flammable liquids, substances capable of spontaneous combustion, substances that in contact with water emit flammable gasses, oxidizing substances, organic peroxides, chlorates, peroxides, chlorates, nitrates, radioactive materials and substances described within the meaning of the Atomic Energy Control Act and corrosives are not permitted. e) Light manufacturing and food and beverage processing activities must 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..12 Site Specific Town Centre Fringe (C4s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 91

94 14.5 COMMERCIAL TRANSITION (C5) ZONE Intent: The intent is to provide a zone for commercial business activities that are related to industry and manufacturing..1 Permitted Uses: Principal Uses: a) artisan studio; b) business service establishment; c) construction services; d) eating and drinking establishment; e) food and beverage processing; f) food bank; g) funeral service; h) indoor commercial entertainment or recreation; i) mini-storage; j) office; k) personal service establishment; l) recycled materials depot and drop-off center; m) retail establishment, major; n) service industry establishment, minor; o) veterinary clinic; p) wholesale store, warehouses and freight terminals; Accessory Uses: q) dwelling unit; and r) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 30.0 metres.4 Minimum Parcel Depth: a) 30.0 metres Town of Oliver Zoning Bylaw 1350 Page 92

95 .5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 0.0 metres ii) Rear parcel line:.1 adjacent a Residential Zone (no lane) 6.0 metres.2 adjacent a Residential Zone (lane) 3.0 metres.3 adjacent all other Zones 0.0 metres iii) Interior side parcel line 0.0 metres iv) Exterior side parcel line 0.0 metres b) Accessory buildings and structures: i) Front parcel line 0.0 metres ii) Rear parcel line:.1 adjacent a Residential Zone (no lane) 6.0 metres.2 adjacent a Residential Zone (lane) 3.0 metres.3 adjacent all other Zones 0.0 metres iii) Interior side parcel line 0.0 metres iv) Exterior side parcel line 0.0 metres.8 Maximum Height: a) No building or structure shall exceed a height of 15.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) Not applicable.10 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; b) The maximum floor area of a dwelling unit shall be m 2 or 25% of the total gross floor area of all buildings on the parcel; c) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; Town of Oliver Zoning Bylaw 1350 Page 93

96 d) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses..11 Conditions of Use: a) 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, radioactive materials, nuclear substances as defined in the Nuclear Safety and Control Act (Canada), or corrosives. b) Service industry establishments shall not include automobile wreckers. c) 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 d) 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..12 Site Specific Commercial Transition (C5s) Provisions: a) Not applicable Figure 14.5 C5 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 94

97 14.6 SERVICE COMMERCIAL ONE (CS1) ZONE Intent: The intent is to provide a zone for service commercial areas that include services for automobiles, commercial vehicles and other machinery..1 Permitted Uses: Principal Uses: a) car wash; b) construction services; c) delivery and express delivery facility; d) service station; e) retail establishment, minor; f) service industry establishment, minor; g) public transportation depot; Accessory Uses: h) eating and drinking establishment; i) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) 1,000.0 m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 30.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) Not applicable.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres Town of Oliver Zoning Bylaw 1350 Page 95

98 iii) Interior side parcel line 3.0 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 3.0 metres iv) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 10.5 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 35%.10 Dwelling Unit Regulations: a) Not applicable.11 Site Specific Service Commercial (CS1s) Provisions: a) Not applicable Figure 14.6 CS1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 96

99 14.7 TOURIST COMMERCIAL ONE (CT1) ZONE Intent: The intent is to provide a zone for areas that allow for tourism activities such as campgrounds..1 Permitted Uses: Principal Uses: a) campground; Accessory Uses: b) single detached dwelling; c) manufactured home; d) home occupation, subject to Section 6.10; e) eating and drinking establishment; f) convenience store; g) indoor and outdoor recreation services; h) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) 0.2 ha, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 30.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 2.4 metres Town of Oliver Zoning Bylaw 1350 Page 97

100 iv) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 10.5 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 35%.10 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit shall be 45.0 m 2.11 Site Specific Tourist Commercial One (CT1s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 98

101 14.8 TOURIST COMMERCIAL TWO (CT2) ZONE 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..1 Permitted Uses: Principal Uses: a) campground; b) hotel; c) motel; d) eating and drinking establishment; e) personal services establishment; Accessory Uses: f) single detached dwelling; g) manufactured home; h) home occupation, subject to Section 6.10; i) convenience store; j) indoor and outdoor recreation services; k) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Minimum Setbacks: Town of Oliver Zoning Bylaw 1350 Page 99

102 a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 0.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.4 metres iv) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 10.5 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 35%.10 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit shall be 45.0 m 2.11 Site Specific Tourist Commercial Two (CT2s) Provisions: a) in the case of land described as Lot 1, Plan KAP3004, District Lot 2450S, SDYD, and shown shaded yellow on Figure (a): i) despite Section 8.0, parking requirements for office and personal service uses shall be 1 space per 33.0 m 2 of gross floor area; ii) despite Section , the maximum floor area ration (FAR) shall be 0.55; iii) despite Section , the front parcel line setback for principal and accessory buildings and structures shall be 4.5 metres; iv) despite Section , the interior side parcel line setback for principal and accessory buildings and structures adjacent to the southern side boundary shall be 0.0 metres. Town of Oliver Zoning Bylaw 1350 Page 100

103 Tourist Commercial Two Site Specific (CT2s) N Figure (a) Town of Oliver Zoning Bylaw 1350 Page 101

104 14.9 RESORT COMMERCIAL (RC) ZONE Intent: The intent is to provide a zone for site specific integrated resort residential and commercial developments..1 Permitted Uses: Principal Uses: a) residential-tourist accommodation units; Accessory Uses: b) commercial and professional business offices; c) convenience store; d) eating and drinking establishment; e) indoor commercial, amusement and or recreation enterprises; f) personal service establishments; g) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) 30.0 metres.5 Maximum Number of Dwellings Permitted Per Parcel: a) Not applicable.6 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: a) Front parcel line 4.5 metres b) Rear parcel line 7.5 metres c) Interior side parcel line 4.5 metres d) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: Town of Oliver Zoning Bylaw 1350 Page 102

105 a) Front parcel line 4.5 metres b) Rear parcel line 3.0 metres c) Interior side parcel line 4.5 metres d) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 18.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres; c) Despite Section (a), where underground or covered parking is provided, no building or structure shall exceed a height of 22.0 metres..9 Maximum Parcel Coverage: a) 45%.10 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit shall be 45.0 m 2.11 Conditions of Use: a) A residential-tourist accommodation unit development must include a: i) minimum of 350.0m 2 commercial space that shall include a lobby; ii) minimum of 450.0m 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; iii) separate entrance from the ground level for any of the permitted uses in Section 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..12 Site Specific Resort Commercial (RCs) Provisions: a) In the In the case of land described as Lot A, Plan 17769, District Lot 2450S, SDYD (6801 Main Street); Lot 2, Plan 19121, District Lot 2450S, SDYD (6839 Main Street); and Lot 76, Plan 1729, District Lot 2450S, SDYD (6797 Main Street), except those portions shown as parcels 23 and 0 on plan A1274 and shown shaded yellow on Figure (a): i) the average maximum permitted gross floor area of a residential-tourist accommodation unit in any building is 75.0m 2 ; ii) The maximum number of bedrooms in a residential-tourist accommodation unit is 1; iii) despite Section , the minimum height of a building or structure comprising residential-tourist accommodation units shall be 3 storeys; Town of Oliver Zoning Bylaw 1350 Page 103

106 iv) off-street vehicle parking for all residential-tourist accommodation units shall be provided under building or underground; v) despite Section , the maximum Floor Area Ratio (FAR) 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 $40.00/m 2 of floor area in excess of 0.35 FAR 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. 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. Resort Commercial Site Specific (RCs) N Figure (a) Town of Oliver Zoning Bylaw 1350 Page 104

107 14.10 COMMERCIAL PARKING (CP) ZONE Intent: The intent is to provide a zone for municipally owned and operated parking lots or structures..1 Permitted Uses: Principal Uses: a) parking lot; b) parking structure; Accessory Uses: c) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) Not applicable.6 Maximum Floor Area Ratio: a) Not applicable.7 Minimum Setbacks: a) Not applicable.8 Maximum Height: a) No building or structure shall exceed a height of 10.5 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 100%.10 Dwelling Unit Regulations: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 105

108 .11 Minimum Floor Area: a) Not applicable.12 Site Specific Commercial Parking (CPs) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 106

109 15.0 INDUSTRIAL ZONES 15.1 LIGHT INDUSTRIAL (M1) ZONE Intent: The intent is to provide a zone for industrial and retail sales auxiliary to the permitted uses..1 Permitted Uses: Principal Uses: a) manufacturing, provided the use is entirely contained within a building; b) service industry, minor; c) food and beverage processing; d) construction services; e) wholesale store, warehouses and freight terminals; f) veterinary clinic; Accessory Uses: g) dwelling unit; h) retail sales; i) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) 0.1 ha, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 30.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Not applicable.7 Minimum Setbacks: Town of Oliver Zoning Bylaw 1350 Page 107

110 a) Buildings and structures: 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 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.8 Maximum Height: a) No building or structure shall exceed a height of 15.0 metres; b) No accessory building or structure shall exceed a height of 7.0 metres..9 Maximum Parcel Coverage: a) 40%.10 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; b) The maximum floor area of a dwelling unit shall m 2, or 25% of the gross floor area of all buildings on the parcel, whichever is lesser; b) Dwelling units shall be fully separated from any industrial use by walls, partitions and/or floors; and c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with industrial uses..11 Site Specific Light Industrial (M1s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 108

111 15.2 GENERAL INDUSTRIAL (M2) ZONE Intent: The intent is to provide a zone for industrial and retail sales auxiliary to the permitted uses..1 Permitted Uses: Principal Uses: a) abattoirs; b) airport; c) automobile recycling; d) car and truck wash; e) concrete ready-mix plants; f) construction services; g) crematorium; h) education service, major; i) eating and drinking establishment; j) food and beverage processing; k) funeral service; l) gravel crushing; m) high technology, manufacturing, design and research; n) manufacturing; o) sawmills; p) service industry establishment, major; q) service station; r) utility service, major; s) veterinary clinic; t) wholesale store, warehouses and freight terminals; Accessory Uses: u) dwelling unit; v) office(s); w) retail sales; x) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha, when not connected to the municipal sewer system; or b) 0.1 ha, when connected to the municipal sewer system. Town of Oliver Zoning Bylaw 1350 Page 109

112 .3 Minimum Parcel Width: a) 30.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit.6 Maximum Floor Area Ratio: a) Not applicable.7 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 0.0 metres; or where adjacent a non-industrial zone 7.5 metres iii) Interior side parcel line 3.0 metres; or where adjacent a non-industrial zone 6.0 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 0.0 metres; or where adjacent a non-industrial zone 7.5 metres iii) Interior side parcel line 3.0 metres; or where adjacent a non-industrial zone 6.0 metres iv) Exterior side parcel line 4.5 metres.8 Maximum Height: a) No building or structure shall exceed a height of 15.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..9 Maximum Parcel Coverage: a) 60%.10 Dwelling Unit Regulations: a) The minimum floor area of a dwelling unit shall be 45.0 m 2 ; Town of Oliver Zoning Bylaw 1350 Page 110

113 b) The maximum floor area of a dwelling unit shall be m 2, or 25% of the gross floor area of all buildings on the parcel, whichever is lesser; c) Dwelling units shall be fully separated from any industrial use by walls, partitions and/or floors; and d) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with industrial uses..11 Conditions of Use: a) 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. b) Manufacturing and 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..12 Site Specific Heavy Industrial (M2s) Provisions: a) Not applicable Figure 15.2 M2 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 111

114 16.0 PUBLIC ZONES 16.1 INSTITUTIONAL AND ASSEMBLY (P1) ZONE Intent: The intent is to provide a zone for areas that serve the educational, health, civic, cultural, recreational and social needs of residents..1 Permitted Uses: Principal Uses: a) art gallery; b) assembly; c) cemetery; d) education service, major; e) hospital; f) indoor and outdoor recreational facilities; g) library; h) museum; Accessory Uses: i) eating and drinking establishment; j) offices; k) storage; l) retail establishment, minor; m) workshops; n) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha when not connected to the municipal sewer system; and b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Floor Area Ratio: Town of Oliver Zoning Bylaw 1350 Page 112

115 a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres b) Accessory buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 18.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..8 Maximum Parcel Coverage: a) 50%.9 Minimum Floor Area: a) Not applicable.10 Site Specific Institutional and Assembly (P1s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 113

116 Figure 16.1 P1 Zone Building Envelope Town of Oliver Zoning Bylaw 1350 Page 114

117 16.2 PARKS AND OPEN SPACE (P2) ZONE Intent: The intent is to provide a zone for park, open space and recreation needs of residents..1 Permitted Uses: Principal Uses: a) cemetery; b) outdoor market or trade show; c) outdoor public entertainment, amusement and recreation facilities; d) retail trade and rental establishments for sports and non-motorized recreational equipment; Accessory Uses: e) accessory buildings and structures, subject to Section Minimum Parcel Size: a) 1.0 ha when not connected to the municipal sewer system; and b) m 2, when connected to the municipal sewer system..3 Minimum Parcel Width: a) 15.0 metres.4 Minimum Parcel Depth: a) Not applicable.5 Maximum Floor Area Ratio: a) Minimum Setbacks: a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres b) Accessory buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 1.5 metres Town of Oliver Zoning Bylaw 1350 Page 115

118 iv) Exterior side parcel line 3.5 metres.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres..8 Maximum Parcel Coverage: a) 25%.9 Minimum Floor Area: a) Not applicable.10 Site Specific Parks and Open Space (P2s) Provisions: a) Not applicable Town of Oliver Zoning Bylaw 1350 Page 116

119 17.0 COMPREHENSIVE DEVELOPMENT ZONES 17.1 COMPREHENSIVE DEVELOPMENT ONE (CD1) ZONE Intent: The intent is to provide a zone for the development of a variety of land uses within a distinct neighbourhood. The zone will provide for the development of a range of housing types and sizes and the inclusion of a neighbourhood scale, agriculture-tourism commercial component..1 Context: The CD1 Zone has been organized into two (2) distinctive sub-areas as illustrated on Figure (below). Each area has its own zoning provisions. Figure LEGEND Area A Area B Area A N Area B.2 Permitted Uses: a) Area A (Mixed Density Residential) Principal Uses: i) single detached dwelling; ii) iii) duplex; townhouses; Town of Oliver Zoning Bylaw 1350 Page 117