THOMPSON-NICOLA REGIONAL DISTRICT ZONING BYLAW NO. 2400, 2012 Consolidated to June 14, 2018 Thompson-Nicola Regional District 300-465 Victoria Street Kamloops, BC V2C 2A9 Telephone: 1-250-377-8673 Toll Free in BC: 1-877-377-8673 Facsimile: 1-250-372-5048 Email: admin@tnrd.ca CONSOLIDATED FOR CONVENIENCE ONLY This information has been prepared by the Thompson-Nicola Regional District (TNRD) for convenience only. The TNRD does not represent that the consolidated bylaw is up to date or complete and anyone using this material should confirm its content by reference to the original legislation, codes, bylaws and their amendments.
RECORD OF AMENDMENTS TO THOMPSON-NICOLA REGIONAL DISTRICT ZONING BYLAW 2400, 2012 Adoption Date: Bylaw No.: Description: June 14, 2012 2384 Revise Schedule A and rezone Part DL 1319 Shown on Plan B5273, KDYD. June 14, 2012 2386 Revise Schedule A and rezone Lot 1, Sec 6, Twp 22, Rge 15, W6M, KDYD, Plan 39636 (hatched green on Schedule 1 ); and Lot 1, Sec 6, Twp 22, Rge 15, W6M, KDYD, Plan 39636 (dotted red on Schedule 1 ). October 11, 2012 February 28, 2013 2393 Insert 8.1 (k) into the RL-1 Zone principle uses storage of explosives. Insert 8.4.4 into the RL-1 Zone Storage of explosives is subject to the provisions of the Federal Explosives Act and the regulations thereto. 2414 Revise Schedule "1" Zoning Map, and rezone 8648 Eagan Lake Road, legally described Lot A. District Lot 1430, Lillooet District, Plan KAP69292 See Schedule 1 of Bylaw 2414 for details July 18, 2013 2422 Revise "Schedule 'A' Zoning Map"and rezone 4016 Hills Frontage Road, legally described as Lot A, Section 28, Township 22, Range 25, W6M, KDYD, Plan 17026 July 18, 2013 2425 Various textual amendments to Secs 2, 3, 4, 6, 8, 11 and 32. Zone From: Zone To: R-2 RL-1 AF-1 AF-1 CR-1 C-4 RL-1 AF-2 SH-1 C-4 LR-1 LR-1 R-2 P-2 Revise Schedule A Zoning Map and rezone 1832 Dee Road, legally described as Part SE¼, DL 855, KDYD, Except Plan 7110 7298 9600 16518 17044 17724 23189 31731 34718 & H888. Revise Schedule A Zoning Map and rezone Lot 1 Plan 29936, Lot 2 Plan 29936, Lot A Plan 28876, Lot 1 Plan KAP91820, Lot 2 Plan KAP91820 and Lot 3 Plan KAP91820 all of Sec 1 Twp 22 Rge 16 W6M, KDYD. See Bylaw 2425. October 3, 2013 2390 Revise Schedule 1 as shown in red shading and rezone DL 5739, KDYD, except Plans 15863 and 29344. Revise Schedule 1 as shown in green hatching and rezone DL 5739, KDYD, except R-2 AF-1 AF-1 AF-1 CR-1 SH-1 LR-1 P-1 Record of Amendments to Zoning Bylaw 2400, 2012 Page 1
Adoption Date: Bylaw No.: Description: Zone From: Zone To: Plans 15863 and 29344. Add s. 11.2.1 as follows: Parcel Size & Density Site Specific. Notwithstanding the preceding limits to parcel size and number of dwellings per parcel, residential development on lands zoned LR-1 off the south end of Lac Le Jeune Road and legally described DL 5739, KDYD, except Plans 15863 and 29344, is limited to a maximum density of 45 parcels whereby any parcel having an area of 0.45ha or more can be used for no more than one single family dwelling; except that any parcel with an area of 0.8ha or more may have one additional detached single family dwelling. Add s. 11.6.4 as follows: one sales and presentation centre of no more than 250 square metres gross floor area is permitted on any portion of DL 5739, KDYD, except Plans 15863 and 29344. October 3, 2013 2427 Insert s. 6.1.1 into Permitted Uses Site Specific (h) Two additional manufactured homes in the case of Pcl A (Plan B6698) of the SW ¼ of Sec 3, Twp 20, Rge 19, W6M, KDYD, except Plan 29853 (1490 Greenstone Rd, Cherry Creek, BC). January 16, 2014 Revise Schedule 1 Zoning Map as follows: Parcel A (Plan B6698) of the SW ¼ of Sec 3, Twp 20, Rge 19, W6M, KDYD, except Plan 29853, as shown shaded on Schedule 1, amended on a site-specific basis and the Land Use Contract designation is removed. 2441 Insert RVP-1 Recreational Vehicle Park One Zone as Part 34. Insert Recreational Vehicle Park And Recreational Vehicle Space into the definitions section. Add Recreational Vehicle Park Off Street Parking and Loading Requirements to Table A. Add Part 34, RVP-1 to list of zones in s. 3.1.1. Record of Amendments to Zoning Bylaw 2400, 2012 Page 2
Adoption Date: January 16, 2014 February 20, 2014 Bylaw No.: Description: Revise Schedule A Zoning Map and rezone 8919 Thuya Creek Road, legally described as Lot A, DL 1822 and 1861, KDYD, Plan KAP60544. 2442 Insert Licensed Medical Marihuana Production Facility into the definitions section. Insert s. 3.22 Licensed Medical Marihuana Production Facilities. Insert During active construction upon a parcel into s. 3.7.1. 2452 Insert CD-3 Comprehensive Development Zone Three as Part 35. Insert Dormitory into the definitions section. Add Part 35, CD-3 to list of zones in s. 3.1.1. Zone From: Zone To: C-3 RVP-1 Revise Schedule A Zoning Map and rezone 7615 Lytton-Lillooet Highway No. 12, legally described as Pcl A, DL 85, Group 1, KDYD and of Sec 14, 15, 22 and 23, Twp 18, Rge 28, W6M, KDYD, Plan KAP83689. RL-1 & P-2 CD-3 April 17, 2014 2428 Revise Schedule A Zoning Map and rezone 4881 Merritt Princeton Hwy, legally described District Lot 913, Kamloops Division Yale District, except Plans KAP54770 and KAP60998. RL-1 LRT-2 June 19, 2014 2455 Insert the following as s. 22.1 (n) into C-4 zone: In the case of 2789 Princeton-Kamloops Hwy (legally described as Lot 2, Sec 17, Twp 19, Rge 17, W6M, KDYD, KAP66192 except Plan KAP68122), a recreational vehicle storage facility for a maximum of 80 recreational vehicles, only, and no other principal use listed in to (m) above is permitted. June 19, 2014 2459 Revise Schedule A Zoning Map and rezone 1585 Lance Road (legally described as Lot A, Section 12, Township 20, Range 14, W6M, Kamloops Division Yale District, Plan KAP78000, except Plan EPP29158). July 17, 2014 2470 Revise Schedule A Zoning Map and rezone the northerly 1.58 ha portion of 1142 Old North Thompson Highway (legally described Lot 1, District Lot 1729, Kamloops Division C-4 & AF-1 RL-1 C-2 CR-1 Record of Amendments to Zoning Bylaw 2400, 2012 Page 3
Adoption Date: November 6, 2014 Bylaw No.: Description: Yale District, Plan 41617). 2481 Insert s. 8.1.1 into Permitted Uses Site Specific (j) sport shooting range with ancillary club house facilities in the case of approximately 27.25 hectares of unsurveyed Crown land in the vicinity of Fishtrap Mountain, KDYD (Gorman Lake Forest Service Road, west of Barriere, BC). Revise Schedule A Zoning Map to include sitespecific amendment. January 16, 2015 2486 Revise Schedule A Zoning Map and rezone 5164 Clearwater Valley Road, legally described Lot A, DL 3062, KDYD, Plan 25824. February 26, 2015 2501 Revise Schedule A Zoning Map and rezone 4359 Central Avenue, legally described as Lot A, DL 403, KDYD, Plan EPP47642. March 27, 2015 2493 Revise Schedule A Zoning Map and rezone 3705 North Frontage Road, legally described as Lot 5, DL 369, KDYD, Plan 8694 except Plan H671. April 23, 2015 2492 Revise Schedule A Zoning Map and rezone 2726 Loon Lake Road, legally described as DL 5244 LD; and Revise Schedule A Zoning Map and rezone 2726 Loon Lake Road, legally described as DL 5244 LD. April 23, 2015 2509 Replace the definitions of BUILDING, CAMPGROUND, MANUFACTURED HOME, MANUFACTURED HOME PARK, and RECREATIONAL VEHICLE in Part 1 Definitions. Zone From: Zone To: RL-1 C-4 R-2 P-2 C-3 CR-1 LRT-2 LRT-2 LR-1 C-4 Replace the reference to Bylaw No. 1949 with a reference to Bylaw No. 2504 in s. 18.4. May 28, 2015 2521 Insert s. 8.1.1 into Permitted Uses Site Specific (k) traveller accommodation units and restaurant use in the case of Strata Lots 35, 36, and 37, each of DL 209 & Sec 33, Twp 95, KDYD Strata Plan KAS3883 (PIDs: 028-640-918, 028-640-926, and 028-640-934), at 6349 & 6351, 6345 & 6347, and 6341 & 6343 Stagecoach Trail, Quilchena (Sagebrush Golf and Sporting Club). Revise Schedule A Zoning Map to include sitespecific amendment. October 22, 2015 2523 Insert s. 8.1.1 into Permitted Uses Site Specific (l) tourist commercial uses, used in conjunction with agricultural uses, limited to Record of Amendments to Zoning Bylaw 2400, 2012 Page 4
Adoption Date: Bylaw No.: Description: Zone From: Zone To: bakery, restaurant/deli, picnic area and minor retail in the case of 2540 Cariboo Highway No. 97, north of Cache Creek (legally described DL 1071, KDYD and That Part of DL 102, Group 2 shown on Plan B3407, Kamloops Division Yale (formerly Yale-Lytton) District. November 19, 2015 November 19, 2015 November 19, 2015 February 18, 2016 Revise Schedule A Zoning Map to include sitespecific amendment. 2516 See Bylaw Amendment Bylaw 2516 for details. (Composting & Solid Waste) 2522 Revise Schedule A Zoning Map and rezone Portions of Sections 27 and 28, Township 17, Range 21, W6M. 2532 Revise Schedule A Zoning Map and rezone 2901 Petit Creek Road, legally described Fractional Legal Subdivision 9, Section 2 as shown on plan of survey of the South East ¼ of said township dated at Ottawa the 12th day of September, 1916, Township 14, Range 23, W6M, KDYD. 2539 Replace Part 12 the LR-2 Lakeshore Residential Multi-Family Zone in its entirely with Schedule 1 of Bylaw 2539 March 24, 2016 2537 Revise Schedule A Zoning Map and rezone 6785 Trans-Canada Hwy (legally described Lot 1, DL 368, KDYD, Plan 32635). April 28, 2016 2547 LUC 80, 1972 and all amendments terminated for lands shaded on Schedule 1. AF-1 I-3 RL-1 RL-1 SH-1 CR-1 I-3 C-2 See Bylaw See Bylaw Revise Schedule A Zoning Map and rezone in Whitecroft as follows: parcels shown shaded remain AF-1, parcels shown cross-hatched rezone from AF-1 to R-1, parcels shown hatched rezone from AF-1 to CR-1 as per Schedule 2. April 28, 2016 2569 Revise Schedule A Zoning map and rezone 3159, 3161 and 3163 Shuswap Rd (legally described as Lot 7, DL 81, KDYD, Plan 26828). July 14, 2016 2574 LUC 80, 1972 and all amendments terminated 7172 Cahilty Road (legally described Lot 20, Section 11, Township 22, Range 15, W6M, KDYD, Plan 26002) Revise Schedule A Zoning map and rezone 7172 Cahilty Road (legally described as above) SH-1 AF-1 CR-1 CR-1 Record of Amendments to Zoning Bylaw 2400, 2012 Page 5
Adoption Date: November 24, 2016 Bylaw No.: Description: 2583 Revise Schedule A Zoning Map and rezone 4885 Kamloops-Vernon Hwy No. 97 (legally described Lot B, DL 459, KDYD, Plan 18029). January 19, 2017 2585 LUC Bylaw 324 (57-92), 1976 and all amendments terminated for lands shown on Schedule 1. Zone From: Zone To: C-1 R-1 See Bylaw See Bylaw February 16, 2017 Schedule A Zoning Map is amended by applying zoning to the lands shown on Schedule 1 to the lands known as Ridgemont Estates and legally described Lots 1 to 34, Plan 31342, DL 5739 & Lots 1 to 29, Plan 33735, DL 5739 2597 Revise Schedule A Zoning Map and rezone 9084 Eagan Cres (legally described The Fractional South East ¼ of DL 1435, Lillooet District, except Plan 16766). March 9, 2017 2582 LUC Bylaws 85, 90, 92, 109, 118, 126, 144, 190, 485 and all amendments terminated for lands shaded on Schedule 1. Schedule A Zoning Map is amended by applying the indicated zoning to the lands listed and legally described on Schedule 2. March 9, 2017 2575 Insert the following into s. 33.1 of Part 33: CD-2 Zone Two into Permitted Uses marina, not including the storage and sale of marine fuel. RL-1 See Bylaw LR-1 See Bylaw Revise Schedule A Zoning Map and rezone 6349 and 6500 Kamloops-Merritt Hwy No. 5A (legally described DL 110, KDYD; & DL 209, KDYD, except KAP81291) March 9, 2017 2593 Revise Schedule A Zoning Map and rezone 3677 North Bonaparte Road (legally described Lot 1, DL 1502, Lillooet District, as shown on the Official Plan in the Department of Lands, Forests and Water Resources and on Plan C.G. 480 on file in the Land Registry Office Kamloops) RL-1 CD-2A RL-1 C-4 Insert into s. 22.1.1 Permitted Uses Site Specific -(d) commercial resort limited to a maximum of: 6 bed and breakfast bedrooms within the single family dwelling; 3 detached rentable units; 12 outdoor assembly use events per calendar Record of Amendments to Zoning Bylaw 2400, 2012 Page 6
Adoption Date: Bylaw No.: Description: year; and 15 campsites within a private campground with the potential to store one recreational vehicle upon a maximum of 6 campsites when not in use; in the case of Lot 1, District Lot 1502, Lillooet District, as shown on the Official Plan in the Department of Lands, Forests and Water Resources and on Plan C.G. 480 on file in the Land Registry Office Kamloops (3677 North Bonaparte Road, Green Lake, BC). March 23, 2017 2610 Revise Schedule A Zoning Map and rezone 6080 Mud Lake FSR (legally described DL3288, KDYD, except Plan KAP78249). April 20, 2017 2608 Revise Schedule A Zoning Map and rezone 241 Jenkins Road, Blackpool, BC (legally described Lot 3, DL 1729, KDYD, Plan 41617, except Plans KAP56602 & KAP66462 June 15, 2017 2591 See Bylaw Amendment Bylaw 2591 for details. (Housekeeping Amendments - new regulations for small acreage/livestock limits, updated definitions, concordance to provincial legislation changes, parcel coverage and accessory building size limits in SH-1 and CR-1 zones, & more) Revise Schedule A Zoning Map and rezone Steelhead Provincial Park in Savona 6181 Savona Access Rd. July 20, 2017 2616 Insert into s. 8.1.1: Permitted Uses Site Specific (l) campground in the case of Lot 5, DL 1371, KDYD, Plan 5153; except Plans H558, H11093, 36378 and 37616. (1480 Old N. Thompson Hwy, Blackpool, BC) And Revise Schedule A Zoning Map on a sitespecific basis Sept 21, 2017 2626 Insert into s.16.1.1 Permitted Uses Site Specific a) a two family residential dwelling on Lot 11, Block 3, District Lot 368, KDYD, Plan 158 (6633 Ernest Street, Savona, BC) And Revise Schedule A Zoning Map on a sitespecific basis Zone From: Zone To: RL-1 C-4 MH-1 R-1, C-4, AF-1 RL-1 SS RL-1 P-1 RL-1 P-2 R-2 Record of Amendments to Zoning Bylaw 2400, 2012 Page 7
Nov 9, 2017 2613 Add s. 16.1.1 Permitted Uses Site Specific as follows: Single family dwelling limited to a maximum of three bedrooms on 6721 Tingley Street (legally described Lot 17, Block 18, DL 368, KDYD, Plan 158, exc Plan KAP62782) P-1 R-2 Dec 14, 2017 2577 Insert into s.6.1.1 Permitted Uses Site Specific as follows: Sport shooting range uses, including ancillary clubhouse, single family dwelling and short-term dry camping for site events for the portion of That part of Section 19, Township 22, Range 16, W6M, KDYD, containing +/-111 hectares (7385 Sullivan Valley Road, Heffley Creek, BC) approved by the Agricultural Land Commission AF-1 AF-1 SS Dec 14, 2017 2630 Revise Schedule A Zoning Map and rezone 781, 809 Cedar Street, Blue River (legally described Lot 4, DL3276, KDYD, Pl KAP57214, except Pl KAP62373). SH-1 R-2 Apr 19, 2018 2645 See Zoning Amendment Bylaw 2645 for details. (inserting definition for Dry Cabin. Insert new LA-1: Limited Access Cabin zone. Revise Schedule A Zoning Map and rezone the properties identified in Schedule 2 of this bylaw. RL-1 LA-1 Apr 19, 2018 2646 See Zoning Amendment Bylaw 2646 for details. (inserting definitions for Cannabis, Cannabis Retail. Replacing definition of Personal Service. Replacing s 3.22 Licensed Medical Marihuana Production Facilities & Non-Medical Cannabis Retail section. Inserting cannabis retail as 3.21.1 f) x, to the list of the prohibited home based business uses. - - Jun 14, 2018 2578 Insert into s.6.1.1 Permitted Uses Site Specific as follows: Outdoor assembly use in conjunction with agricultural uses in the case of a portion of Lot 1, District Lot 288 and Section 30, Township 19, Range 14, W6M, Kamloops Division Yale District, Plan KAP80215, except Plan KAP89671; and parking use in the case of a portion of Lot 2, District Lot 288 and Section 25, Township 19, Range 15 and Section 30, Township 19, Range 14, W6M, all of Kamloops Division Yale District, Plan KAP80215 (2412 and 2420 Miners Bluff Road, Monte Creek, BC). AF-1 AF-1 SS Record of Amendments to Zoning Bylaw 2400, 2012 Page 8
And revise Schedule A Zoning Map as follows: the portion of Lot 1, District Lot 288 and Section 30, Township 19, Range 14, W6M, Kamloops Division Yale District, Plan KAP80215, except Plan KAP89671 the portion of Lot 2, District Lot 288 and Section 25, Township 19, Range 15 and Section 30, Township 19, Range 14, W6M, all of Kamloops Division Yale District, Plan KAP80215 Record of Amendments to Zoning Bylaw 2400, 2012 Page 9
Table of Contents 1.0 DEFINITIONS... 2 2.0 ADMINISTRATION & ENFORCEMENT... 11 2.1 Citation... 11 2.2 Application... 11 2.3 Severability... 11 2.4 Repeal... 11 2.5 General Compliance... 11 2.6 Administration and Inspection... 11 2.7 Violation and Penalty... 12 2.8 Amendments and Appeals... 12 2.9 Non-Conforming Parcels & Uses... 13 2.10 Interpretation... 13 3.0 GENERAL PROVISIONS... 14 3.1 Establishing and Mapping of Zones... 14 3.2 Agricultural Land Reserve... 15 3.3 Parcel Size... 16 3.4 Density Averaging... 16 3.5 Accessory Buildings & Uses... 17 3.6 Dwellings per Parcel... 18 3.7 Temporary Buildings... 18 3.8 Shipping Containers... 19 3.9 Campgrounds... 20 3.10 Construction Camps... 20 3.11 Fences... 20 3.12 Landscaping and Screening Requirements... 21 3.13 Visibility at Intersections... 21 3.14 Garbage Storage and Collection Standards... 21 3.15 Composting Uses... 22 3.16 Signs... 23 3.17 Strata Development... 23 3.18 Uses Permitted in All Zones... 23 3.18.2 Uses Prohibited in All Zones. 24 3.19 Pet Breeding and Kennel Use... 24 3.20 Golf Course Use... 24 3.21 Home Based Business... 24 3.22 Licensed Medical Marihuana Production Facilities & Non-Medical Cannabis Retail... 26 3.23 Wildfire Management... 26 3.24 Keeping of Livestock on parcels that are not in the ALR... 27 4.0 FLOODPLAIN, RIPARIAN, AND LAKESHORE REGULATIONS... 28 4.1 Floodplain Regulations... 28 4.2 Lakeshore Development... 31 4.3 Riparian Area Regulation (RAR)... 32 5.0 OFF-STREET PARKING AND LOADING... 35 5.1 General Requirements... 35
5.2 Calculation of Required Off-street Parking Spaces... 35 5.3 Parking Spaces for Disabled... 36 5.4 Design Criteria for Parking Spaces and Loading... 36 5.5 R-3 Zone Additional Requirements... 37 5.6 CD-1 Additional Requirements... 38 6.0 AF-1 AGRICULTURAL/FORESTRY ZONE... 42 7.0 AF-2 AGRICULTURAL/FORESTRY TWO ZONE... 46 8.0 RL-1 RURAL ZONE... 47 9.0 SH-1 SMALL HOLDING ZONE... 51 10.0 CR-1 COUNTRY RESIDENTIAL ZONE... 53 11.0 LR-1 LAKESHORE RESIDENTIAL SINGLE FAMILY ZONE... 55 12.0 LR-2 LAKESHORE RESIDENTIAL MULTI-FAMILY ZONE... 57 13.0 LRT-1 NEW LAKESHORE RESORT ZONE... 59 14.0 LRT-2 EXISTING LAKESHORE RESORT ZONE... 61 14.b LA-1 LIMITED ACCESS CABIN ZONE... 63 15.0 R-1 RESIDENTIAL SINGLE AND TWO FAMILY ZONE... 64 16.0 R-2 RESIDENTIAL MULTI-USE ZONE... 67 17.0 R-3 RESIDENTIAL MULTI-FAMILY ZONE... 69 18.0 MH-1 MANUFACTURED HOME PARK ZONE... 71 19.0 C-1 RETAIL COMMERCIAL ZONE... 72 20.0 C-2 SERVICE COMMERCIAL ZONE... 74 21.0 C-3 HIGHWAY COMMERCIAL ZONE... 77 22.0 C-4 RECREATIONAL COMMERCIAL ZONE... 80 23.0 C-5 LOCAL COMMERCIAL ZONE... 83 24.0 C-6 RURAL SERVICE COMMERCIAL ZONE... 84 25.0 I-1 AUTO WRECKING ZONE... 86 26.0 I-2 LIGHT INDUSTRIAL ZONE... 87 27.0 I-3 GENERAL INDUSTRIAL ZONE... 89
28.0 I-4 HEAVY INDUSTRIAL ZONE... 91 29.0 P-1 RECREATIONAL ZONE... 92 30.0 P-2 INSTITUTIONAL ZONE... 93 31.0 P-3 CIVIC WORKS ZONE... 94 32.0 KAMLOOPS LAKE COMPREHENSIVE RESORT DEVELOPMENT... 95 32.1 Definitions... 95 32.2 CD-1 Comprehensive Development Zone... 96 32.3 RA-2 Resort Accommodation Two Zone... 100 32.4 RA-4 Resort Accommodation Four Zone... 101 32.5 C-7 Destination Resort Commercial One Zone... 103 32.6 C-8 Destination Resort Commercial Two Zone... 105 32.7 RR-1 Resort Recreation One Zone... 106 33.0 CD-2 COMPREHENSIVE DEVELOPMENT ZONE TWO... 107 33.1 CD-2 Sub-zone A Principal Permitted Uses... 107 33.2 CD-2 Sub-zone B Principal Permitted Uses... 108 34.0 RVP-1 RECREATIONAL VEHICLE PARK ONE ZONE..109 35.0 CD-3 COMPREHENSIVE DEVELOPMENT ZONE THREE...111 List of Figures and Tables Figure 1.1 Figure 1.2 Figure 3.1 Figure 3.2 Figure 4.1 Figure 4.2 Figure 5.1 Height of Building Setback Fences Visibility at Intersections Lakeshore Development Guidelines Riparian Assessment Area Parking Lot Maneuvering & Aisle Design Table A Table B Off-Street Parking and Loading Requirements Off-Street Parking & Loading Requirements for Part 32 (Kamloops Lake Resort)
THOMPSON-NICOLA REGIONAL DISTRICT BYLAW NO. 2400 A BYLAW TO ESTABLISH ZONING AND ASSOCIATED REGULATIONS FOR ELECTORAL AREAS IN THE THOMPSON-NICOLA REGIONAL DISTRICT WHEREAS a review of the existing Thompson-Nicola Regional District Zoning Bylaw No. 940, 1985 was deemed desirable; AND WHEREAS the Board of Directors wishes to repeal Zoning Bylaw No. 940, 1985 and all amendments thereto and to adopt a new Zoning Bylaw; NOW THEREFORE the Board of Directors of the Thompson-Nicola Regional District, in open meeting assembled, enacts as follows: STATEMENT OF INTENT The purpose of this Bylaw is to guide the development and growth of the Electoral Areas of the Thompson-Nicola Regional District in a systematic and orderly manner for the benefit of the region as a whole by ensuring that the various uses of lands and buildings or structures develop in proper relationship to one another, having due regard for the following: (c) (d) (e) (f) the promotion of health, safety, convenience and welfare of the public; the prevention of the overcrowding of land and preservation of the amenities peculiar to any zone; the securing of adequate light, air and access; the value of the land and the nature of its present and prospective use and occupancy; the character of each zone, the character of the buildings already erected and the peculiar suitability of the zone for particular uses; and the conservation of property values. Consolidated for Convenience Only to June 14, 2018 Page 1 of 112
Part 1: Definitions All words or phrases have their normal or common dictionary meaning except where they are changed, modified or expanded by the Interpretation Act and the following definitions and hereafter are generally shown in italics for ease of reference. ACCESSORY BUILDING means a building or structure that is ancillary or subordinate to the principal building or buildings on a parcel which is: a) used for the better enjoyment of the principal building or manufactured home to which it is accessory; and b) situated upon the same parcel as the one on which the principal building or manufactured home is located or is being erected, and without restricting the generality of the foregoing, includes tool sheds, separate carports, private garages, fabric or plastic covered structures and greenhouses but not attached carports or attached garages. ACCESSORY USE or ANCILLARY USE means a use that is incidental, subordinate and exclusively devoted to a principal use on the same parcel. AGRI-TOURISM means a tourist activity, service or facility accessory to land that is classified as a Farm under the Assessment Act. AGRICULTURAL AND HORTICULTURAL USE means growing, producing, raising, rearing or keeping animals or plants and includes the storage, sale and processing of farm products produced on the parcel on which the growing, producing, raising, rearing or keeping animals or plants is taking place, including on a parcel on which livestock, small or large, and/or poultry are raised, reared or kept in compliance with this Bylaw, provided that agricultural and horticultural use excludes any intensive agricultural use. AGRICULTURAL COMPOSTING means the production and storage of compost from agricultural wastes, raw organic materials, carbon and nitrogen sources, and bulking agents, undertaken in accordance with all applicable provincial enactments and regulations. ALR or AGRICULTURAL LAND RESERVE means an agricultural land reserve as defined in the Agricultural Land Commission Act. ASSEMBLY USE means the gathering of persons for charitable, civic, cultural, educational, entertainment, philanthropic, political, recreational or religious purposes. Indoor assembly use buildings are subject to the BC Building Code assembly occupancy requirements. BACKYARD COMPOSTING means the composting of food waste or yard waste generated by the residents of a residential dwelling unit, the annual production of which does not exceed 20 cubic meters. BED AND BREAKFAST means an ancillary use located wholly within a principal single family dwelling that provides temporary lodging for tourists and visitors. BOARD means the Thompson-Nicola Regional District Board of Directors. Consolidated for Convenience Only to June 14, 2018 Page 2 of 112
BUILDING means a structure intended to shelter any use or occupancy, and includes a manufactured home but does not include a recreational vehicle, tent, or park model recreational unit. CAMPGROUND means a site used or intended to be used for temporary accommodation of persons in recreational vehicles or tents for less than 30 consecutive days, but excludes: a) manufactured home park (as defined in this Bylaw); or b) recreational vehicle storage place (as defined in this Bylaw); unless such uses are expressly permitted by this Zoning Bylaw as an accessory use. CANNABIS means cannabis as defined in the Controlled Drugs and Substances Act and includes any products containing cannabis. CANNABIS RETAIL means the sale of cannabis but excludes the sale of cannabis for medical purposes in accordance with federal legislation and regulations. CARETAKER DWELLING UNIT means a single family dwelling or manufactured home, or a dwelling unit located within a principal building, used for the accommodation of an owner, operator or caretaker of a principal permitted use. CLUSTER DESIGN means a development of 3 or more dwelling units wherein the dwelling units are grouped together as a whole or in smaller groups. Cluster design may or may not include a strata title subdivision. COMMERCIAL COMPOSTING means the principal or primary use of land for composting undertaken for financial gain. COMMUNITY RECREATION FACILITIES means recreational facilities ancillary to a residential or resort development such as marinas, swimming pools, play grounds, tennis courts, recreation centers, trails or other similar communal recreational assets. COMMUNITY SEWER SYSTEM means a domestic sewage collection, treatment and disposal system owned, operated and maintained by a local government or other lawfully authorized legal entity for the communal collection, conveyance, treatment and disposal of sanitary sewage. COMMUNITY WATER SYSTEM means a system of waterworks which serves two (2) or more parcels or sites, complies with the Drinking Water Protection Act and which is owned, operated and maintained by a local government or other lawfully authorized legal entity. COMPOSTING means the controlled biological breakdown and decomposition of organic matter to a state in which it is potentially beneficial to plant growth when used as a soil conditioner. DENSITY BONUS means a development that permits a greater development density within a zone provided an acceptable community amenity is provided to the TNRD in accordance with the Local Government Act. DORMITORY means a building containing sleeping units for occupancy by students or staff affiliated with an institution that is primary of a non-commercial nature and which is regulated by such institution. Dormitory may include one caretaker dwelling unit. Consolidated for Convenience Only to June 14, 2018 Page 3 of 112
DRY CABIN means a building without plumbing used on a temporary or seasonal basis for recreational accommodation, but shall not be used as a dwelling unit for residential purposes. DWELLING, MULTI-FAMILY means a detached building, used exclusively for residential purposes, consisting of 3 or more dwelling units, either with private individual access or common access. Dwelling, Multi-Family shall include apartments, condominiums, row houses and town houses. DWELLING, SINGLE FAMILY means a detached building, used exclusively for residential purposes, consisting of one dwelling unit used or intended to be used as the permanent home or residence of one family. DWELLING, TWO FAMILY means a detached building, used exclusively for residential purposes as a duplex or dwelling, divided into 2 dwelling units separated by a common wall or floor where one unit may be a secondary suite. DWELLING UNIT means one or more rooms in a detached building with self-contained eating, living, sleeping and sanitary facilities and not more than one kitchen, used or intended to be used as a residence for no more than one family. FARM BUILDING means a building or part thereof which does not contain residential occupancy and which is associated with and located on land devoted to the practice of farming or for uses associated with farming equipment or livestock and the production, storage or processing of agricultural produce or feed. FARM PRODUCT means a commodity or good derived from the cultivation or husbandry of land plants or animals that are grown, reared, raised or produced on the land devoted to the practice of farming. FENCE means a physical barrier to travel, constructed to stop passage as well as to limit or obstruct the view across the barrier. For the purposes of this Bylaw, a fence shall not be considered an accessory building for setback provisions in this Bylaw. FORESTRY PRACTICE USE means silviculture; harvesting; and the processing of timber and other forest products grown only on the subject parcel. GOLF COURSE means an area landscaped and developed for the playing of the game of golf but does not include a standalone miniature golf course or standalone driving range. GROSS FLOOR AREA means the total area of all floors in all buildings on a parcel measured to the exterior walls of the buildings including corridors, hallways, landings, foyers, staircases, stairwells, enclosed balconies and mezzanines, enclosed porches or verandahs, and basements, but excluding any spaces less than 2 metres in height. GUEST RANCH, FULL SERVICE means a comprehensive commercial recreational development operating as a resort which provides year around rentable units, restaurants and liquor primary establishments, social/recreational activities, facilities and horseback riding. GUEST RANCH, RUSTIC means a seasonal accessory use operated by the parcel owner/occupier as a component of an agricultural ranch which provides sleeping units, a limited range of social/recreational activities, and facilities including horseback riding. Consolidated for Convenience Only to June 14, 2018 Page 4 of 112
HAZARDOUS BUSINESS USE means a home based business activity use that includes as part of the processing, handling, production, or storage of a product; the use of a chemical, material, substance or liquid that creates or produces a noxious odour; or that creates dangerous circumstances where the health, safety and welfare of persons or property at or near the business are at increased risk. HEIGHT OF BUILDING means the vertical distance from the average grade of the finished ground level of all exterior walls of the building, structure or manufactured home to the highest point of the building, structure or manufactured home, excluding chimneys, ventilators, vent-pipes, antennas, lightning rods, spires, elevator machinery and roof top heating/cooling units (see Figure 1.1). Fig. 1.1 HOME BASED BUSINESS means a home based business activity use not on an industrial scale that is clearly ancillary and subordinate to the principal residential use of the parcel and is wholly within the dwelling unit or a building that is accessory to the dwelling unit and that is carried out primarily by the owner or occupant of the property. INDUSTRIAL SCALE means a home based business that would be permitted but for the reason that the intended business activity and any associated machinery or equipment being used are of such significant size or intensity that the use cannot be operated safely in the premises or in a manner that would not be a nuisance to a neighbour. INSTITUTION USE means a facility used for non-business purposes by government or other legal entity including, but not limited to, schools and health care facilities, religious buildings, community centres, libraries, fire halls, ambulance and police stations. INTENSIVE AGRICULTURAL USE means the business use of land, buildings and other structures for the: confinement of poultry, livestock or fur bearing animals; Consolidated for Convenience Only to June 14, 2018 Page 5 of 112
(c) i) a cattle, deer, goat or similar feeding enterprise which involves 200 or more animals that are contained within the feeding area for a period of greater than 150 consecutive days in any one calendar year; ii) any swine enterprise exceeding 20 head, excluding piglets; iii) any fowl or poultry enterprise exceeding 500 birds; and iv) any fur bearing animal enterprise exceeding 50 animals. growing of mushrooms; or operation of a slaughterhouse or stockyard that does not include an incinerator for the disposal of animal waste or specified risk material (SRM). LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY means the use of land, buildings and structures for the production and testing of medical marihuana licensed by Health Canada. LIVESTOCK means any market animal raised for food or profit and includes ungulates and fowl, but excludes exotic animals and domestic pets that have been tamed and adapted to a human environment. LIVESTOCK, LARGE means a domestic animal normally raised for food, milk or wool including animals belonging to the family Bovinae, such as cattle or oxen, bison, llamas, alpacas, swine, and animals belonging to the family Equidae, such as horses, asses, donkeys and mules, but excluding exotic animals and domestic pets that have been tamed and adapted to a human environment. LIVESTOCK, SMALL means a domestic animal normally raised for food, milk or wool, including sheep, goats, fallow deer, ostriches, emus, and miniature horses, but excluding any large livestock and excluding exotic animals and domestic pets that have been tamed and adapted to a human environment. LODGE means a building or group of buildings operated in conjunction with a resort and may include ancillary commercial, recreational and entertainment facilities and associated rentable units. MANUFACTURED HOME or MH means a dwelling unit that is: a) manufactured to and compliant with the Canadian Standards Association (CSA) Z-240 MH and CSA A277 MH series of standards; b) transportable; and c) located in a place other than its place of manufacture; and excludes any recreational vehicle. MANUFACTURED HOME PARK or MHP means land lawfully used for the purposes of providing three or more manufactured home spaces: a) in a bare land strata subdivision; or b) on a parcel where a charge or rent is imposed for use of a manufactured home or manufactured home space. Consolidated for Convenience Only to June 14, 2018 Page 6 of 112
MARINA means a commercial or government establishment or premise, containing docking or mooring facilities where boats and other water vessels and their accessories are berthed, stored, serviced, repaired, constructed or kept for sale or for rent. A marina use does not include fueling facilities unless specifically authorized. MUNICIPAL SOLID WASTE DISPOSAL FACILITY means a facility, approved by the Ministry of Environment, where solid waste is processed and disposed. NATURAL BOUNDARY means the visible high water mark of any lake, watercourse, or other body of water, where the presence and action of the water are so common and usual, and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, watercourse or other body of water, a character distinct from that of the banks thereof in respect to vegetation, as well as in respect to the nature of the soil itself. OPEN LAND RECREATION means passive outdoor recreational activities that utilize undeveloped tracts of land and may include but do not require buildings, facilities or structures and excludes campgrounds, motocross tracks, marinas, paintball courses or golf courses. PARCEL means a distinct area of land with defined boundaries and registered under the provisions of the Land Title Act or Strata Property Act; or a distinct area of land with defined boundaries held by way of lease or license of occupation granted by the Federal or Provincial Crown or their agencies. PARCEL COVERAGE means the total horizontal area within the outermost walls/edges of buildings, carports, raised decks, entry porticoes, enclosed walkways, covered porches, and structures on a parcel, expressed as a percentage of the parcel area but excluding: balconies, bay windows, cornices, eaves and gutters, fire escapes, sills, uncovered decks, steps or porches not more than 60 centimetres above grade, and similar projections; and underground parking below any part of the land or principal buildings. PARK MODEL RECREATION UNIT means a recreational vehicle designed as living quarters for seasonal recreation accommodation, which can be relocated on occasion, and must be connected to those utilities necessary for the operation of installed fixtures and appliances, and has a gross floor area, including lofts, not exceeding 50 square metres when in the setup mode, and has a width greater than 2.6 metres and less than 4.42 metres in the transit mode. A park model recreation unit shall not be considered a dwelling unit. PERSONAL SERVICE means a use wherein professional or personal services are provided including the sale of goods accessory to the provision of such services and without restricting the generality of this definition, includes personal and pet grooming, medical or dental practice, dry cleaners, electrical appliance repairs, financial services, launderettes, optical or watch repairs, photographers, shoe repairs, tailors, printing shops, dressmakers and similar services, but excludes cannabis retail. PET BREEDING AND KENNEL USE means premises used for the temporary boarding, breeding, buying, selling, keeping and training of dogs, cats and other domesticated pets, but excludes the keeping of livestock and exotic animals. POULTRY means small fowl normally raised for food, feather, or egg production, including hens, bantams, partridge, peafowl, geese, ducks, pigeons, turkeys, guinea fowl, pheasant and quail. Consolidated for Convenience Only to June 14, 2018 Page 7 of 112
PROCESSING OF AGGREGATE MATERIALS means the processing of sand and gravel including the screening, crushing, watering and production of concrete and asphalt using materials extracted only from the subject parcel(s). PROFESSIONAL ENGINEER or GEOSCIENTIST means a person who is registered or licensed under the provisions of the Engineers and Geoscientists Act. RECREATIONAL VEHICLE means a vehicle, either designed to be towed behind a motor vehicle or self-propelled, and includes such vehicles commonly known as travel trailers, fifth wheels, campers, park model recreational units, motor homes, or other similar vehicles designed to provide temporary living quarters for recreational, camping, or travel use. RECREATIONAL VEHICLE PARK means a site intended for rental or lease or strata of recreational vehicle spaces for seasonal accommodation in recreational vehicles, but does not mean or include manufactured home park or campground use. RECREATIONAL VEHICLE SPACE means a designated area within a recreational vehicle park, or an area subdivided under the Strata Property Act, intended for the siting of a recreational vehicle, and excludes roadways, common amenity and accessory use areas. RENTABLE UNIT means a separate unit which may be either free standing or sharing common walls, containing one or more rooms with self-contained living, sleeping and sanitary facilities and may include cooking facilities, providing temporary accommodation and not residential use. RESORT means a building or group of buildings including a principal lodge used by tourists and the travelling public for temporary accommodation and may include ancillary commercial, recreation, entertainment facilities, rentable units and a campground. SCHOOL means a college, an elementary or secondary school or a technical school operating pursuant to a statute of British Columbia or Canada. SERVICE STATION means a building or structure, used or intended to be used primarily for the sale of motor fuel and automotive accessories and for automobile servicing but does not include the storage of inoperative or damaged vehicles unless expressly permitted. SETBACK without restricting the generality, means a space open to the sky except eaves, gutters, cornices, sills, chimneys, or other similar features, provided that such projections do not exceed 60 centimetres; and uncovered patios, terraces or steps not more than 60 centimetres above grade (see Figure 1.2). Consolidated for Convenience Only to June 14, 2018 Page 8 of 112
Fig. 1.2 SETBACK, FRONT means a setback extending across the full parcel width, measured as the horizontal distance between the front parcel line and the closest part of the building, structure or manufactured home. Where a parcel is bisected by a highway, both parcel lines abutting the highway are considered to be front lot lines. SETBACK, REAR means a setback which extends the full width of a parcel, and measured as the horizontal distance between the rear lot line and the closest part of the building, structure or manufactured home. SETBACK, SIDE means a setback extending from the front setback to the rear setback, lying between the side lot line and the closest part of the building, structure or manufactured home. SHIPPING CONTAINER means a temporary portable structure used for storage of materials related to the principal use of a parcel and includes cargo or shipping containers, but specifically excludes dumpsters, recycling receptacles, railway boxcars and semi-truck trailers. SLAUGHTERHOUSE means a place where animals are killed, butchered and processed under government regulation for meat foods. SLEEPING UNIT means one or more habitable rooms that are used for accommodation which may include a bathroom but shall not include any cooking facilities. STOCKYARD means an enclosed space where livestock or farmed game are kept temporarily for slaughter, marketing or shipping. STOREY means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of a floor and the ceiling above it. STOREY, FIRST means the storey having its floor level not more than 2 metres above grade. THIRD PARTY SIGN means a sign which directs attention to a business, commodity, service, or entertainment which is conducted, sold, or offered on premises other than where the sign is located. TNRD means the Thompson-Nicola Regional District. Consolidated for Convenience Only to June 14, 2018 Page 9 of 112
TRAVELLER ACCOMMODATION USE means a building or group of buildings containing rentable units, used or intended to be used as temporary tourist accommodation for less than 30 consecutive days, with each rentable unit being self-contained, having its own bathroom with a water closet and a bath or shower, with or without cooking facilities but does not include a campground or manufactured home park. UTILITY DELIVERY INFRASTRUCTURE means buildings, structures and utility lines used for the delivery of utility services, but excludes electricity generation facilities and independent power projects that feed into the Provincial power grid. WASTE MANAGEMENT USE means the collection, storage, processing, or transport of solid waste or any component of solid waste, including recyclables, at a waste transfer station. WASTE TRANSFER STATION means a facility where solid waste and recyclable materials are accepted and contained on a temporary basis at the terminus of the collection system prior to further processing and transfer. WATERCOURSE means any natural or man-made depression with well defined banks and a bed 0.6 metres or more below the surrounding land serving to give direction to a current of water at least six (6) months of the year or having a drainage area of 2 square kilometers or more upstream of the point of consideration. WINERY, CIDERY AND MICROBREWERY means the growing, processing, storage and sale of fruit or grain based beverages licensed under the Liquor Control and Licensing Act and may include a bistro and gift shop as an accessory use. Consolidated for Convenience Only to June 14, 2018 Page 10 of 112
Part 2: Administration & Enforcement 2.1 Citation This Bylaw shall be cited as ", 2012, and includes the following schedules, as attached hereto, incorporated in and forming a part of this Bylaw: Schedule A : Zoning Maps 1 thru 10, inclusive. 2.2 Application This Bylaw shall apply to the entirety of all lands within the Electoral Areas of the TNRD but excluding any land within a municipality as shown shaded on Schedule A. 2.3 Severability 2.3.1 If any section, sentence, clause, or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of lawful jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw. 2.3.2 Where any figure is used for explanatory purposes in this Bylaw its purpose is to assist in understanding and interpreting the regulation to which it refers. In the event of any conflict in the figure and the language of the regulation, the language prevails. 2.4 Repeal Thompson-Nicola Regional District Zoning Bylaw No. 940, 1985, and all amendments thereto, are hereby repealed. 2.5 General Compliance No person shall erect, construct, locate, alter, reconstruct or maintain any building or locate or carry on any industry, business, trade or calling, or use any land or building contrary to the provisions of this Bylaw and any use not expressly and specifically permitted by this Bylaw is hereby prohibited. 2.6 Administration & Inspection 2.6.1 This Bylaw shall be administered by the Director of Development Services, and their delegate(s), and by any other TNRD employee so authorized by the Board. 2.6.2 The Director of Development Services, Building Inspector, Bylaw Compliance Officer or any other official appointed by the Board, is hereby authorized to enter, at all reasonable times, upon any land or premises to ascertain compliance with the provisions of this Bylaw. Consolidated for Convenience Only to June 14, 2018 Page 11 of 112
2.7 Violation & Penalty 2.7.1 Any person who violates or who causes or permits a violation of any provision of this Bylaw or who fails to do any act or thing required to be undertaken pursuant to this Bylaw commits an offence against this Bylaw and is liable to the penalties imposed herein. 2.7.2 Any person who contravenes any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence against this Bylaw and is subject to: a fine in accordance with Thompson-Nicola Regional District Municipal Ticket Information Bylaw if any information respecting the contravention is laid by means of a ticket; or upon summary conviction, a fine not exceeding $10,000 and costs of prosecution; (c) a penalty not exceeding $500 in accordance with the Local Government Bylaw Notice Enforcement Act if a bylaw notice is issued respecting the contravention; or (d) any combination of the above. 2.7.3 Each day a new contravention of or failure to comply with any provision of this Bylaw continues to exist shall constitute a separate offence. 2.7.4 Any penalty imposed pursuant to this Bylaw shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law, or regulation. 2.8 Amendments & Appeals 2.8.1 An application for a density change, land use change, or site-specific zoning shall comprise an application to amend this Bylaw; such application shall be made in compliance with Development Approval Procedures Bylaw No. 1948, 2003, as amended or superseded. 2.8.2 Any appeal for a variance to this Bylaw by the Board of Variance or by a Development Variance Permit shall be limited to considerations specified in the Local Government Act and through the process specified in TNRD bylaws or the applicable legislation. 2.8.3 Despite any stipulated side setback requirement in this Bylaw, where the Transportation Act permits a lesser setback distance, it shall govern and no Development Variance Permit shall be required provided no less than a 1.5 metre setback is maintained. Consolidated for Convenience Only to June 14, 2018 Page 12 of 112
2.9 Non-Conforming Parcels & Uses 2.9.1 Subject to the provisions of the Local Government Act governing non-conforming uses, the lawful use of any land, water surface, building or structure existing at the time of the adoption of this Bylaw may be continued. 2.9.2 Any building or structure conforming as to use, but rendered non-conforming as to size, shape or siting by this Bylaw, may be altered, repaired, or extended provided that any alterations or extensions comply with the regulations specified for the zone in which it is located; and provided it meets the requirements of the Local Government Act. 2.9.3 Any parcel in existence prior to the adoption of an applicable zoning bylaw, that fails to meet minimum parcel area may be developed for a listed permitted use of its zone; however; use of the parcel must conform to all other applicable provisions of this Bylaw including conditional uses that stipulate a minimum parcel area; and, if applicable, the Provincial Medical Health Officer approval of a sewage disposal method. 2.10 Interpretation Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time and any bylaw referred to herein is a reference to an enactment of the TNRD Board, as amended, revised, consolidated or replaced from time to time. Consolidated for Convenience Only to June 14, 2018 Page 13 of 112
Part 3: General Provisions 3.1 Establishing and Mapping of Zones 3.1.1 The lands within Electoral Areas of the TNRD are hereby divided into zones as listed in the following table and shown on Schedule A : Zoning Maps, and are subject to the detailed regulations stipulated in this Bylaw: Part Zone Title Abbreviation 6 Agricultural/Forestry AF-1 7 Agricultural/Forestry Two AF-2 8 Rural RL-1 9 Small Holding SH-1 10 Country Residential CR-1 11 Lakeshore Residential Single Family LR-1 12 Lakeshore Residential Multi-Family LR-2 13 New Lakeshore Resort LRT-1 14 Existing Lakeshore Resort LRT-2 14b Limited Access Cabin LA-1 15 Residential Single and Two Family R-1 16 Residential Multi-Use R-2 17 Residential Multi-Family R-3 18 Manufactured Home Park MH-1 19 Retail Commercial C-1 20 Service Commercial C-2 21 Highway Commercial C-3 22 Recreational Commercial C-4 23 Local Commercial C-5 24 Rural Service Commercial C-6 25 Auto Wrecking I-1 26 Light Industrial I-2 27 General Industrial I-3 28 Heavy Industrial I-4 29 Recreational P-1 30 Institutional P-2 31 Civic Works P-3 Consolidated for Convenience Only to June 14, 2018 Page 14 of 112
32.2 Comprehensive Development Zone One CD-1 32.3 Resort Accommodation Two RA-2 32.4 Resort Accommodation Four RA-4 32.5 Destination Resort Commercial One C-7 32.6 Destination Resort Commercial Two C-8 32.7 Resort Recreation One RR-1 33 Comprehensive Development Zone Two CD-2 34 Recreational Vehicle Park One RVP-1 35 Comprehensive Development Zone Three CD-3 3.1.2 Zoning Boundaries When a given zoning boundary as shown on Schedule A : a) is along a road or rail right of way, the centre line of such shall be construed as the zoning boundary; b) is over a major body of water, zoning shall not be interpreted to extend to uses above or below water level; c) is subject to natural changes or legal realignments such as but not limited to property line adjustments, land accretion, or road dedication, the zoning boundary shall shift accordingly; and d) does not follow a legal property line and where the metes and bounds or legal descriptions are not specified in this Bylaw, the location of the boundary shall be determined by scaling of the applicable Zoning Map of Schedule A. 3.1.3 Multiple or Split Zoning Where a parcel of land is within two or more zoning classifications, each classification with its respective permitted uses, minimum parcel size, setback requirements, and conditions of use is to apply to the specific area of the parcel included within that zone except that no parcel shall be allowed more than one single family dwelling, one two-family dwelling or one manufactured home unless expressly permitted. 3.1.4 Land Use Contracts Where a Land Use Contract or LUC is indicated on Schedule A, the lands or parcel shall be subject to the use, zoning, and all other contract particulars stipulated within the applicable LUC. 3.2 Agricultural Land Reserve 3.2.1 Notwithstanding the provisions of this Bylaw, all lands within the British Columbia Agricultural Land Reserve (or ALR) except those excluded under s. 16 of the Agricultural Land Commission Act or by an Order of the Commission, are subject to the provisions of the Agricultural Land Commission Act, the regulations thereto, and the Orders of the Commission. Consolidated for Convenience Only to June 14, 2018 Page 15 of 112
3.3 Parcel Size 3.3.1 Minimum parcel size requirements of this Bylaw do not apply to subdivision in the following cases: a) the consolidation of existing parcels or the addition of closed highways to an existing parcel; b) parcels created through the density bonus provisions of this Bylaw and in compliance with the Local Government Act; c) building strata lots authorized pursuant to the Strata Property Act; d) bare land strata of permitted manufactured home parks in the MH-1 Zone where required space and pad dimensions shall apply to strata lots; e) parcels created by density averaging; f) where the subdivision comprises an alteration of parcel lines between two or more parcels and no additional parcels are created; no existing building or structure is rendered nonconforming; and the subdivision does not reduce the area of the subject parcels to less than that of the smallest parcel existing prior to the alteration; and g) where a parcel is created under s. 514 of the Local Government Act (subdivision to provide residence for a relative), the minimum parcel size shall be 8,000 square metres and in no case shall the Remainder be less than the minimum parcel area stipulated in the zone. 3.3.2 Where a parcel within the AF-1 or RL-1 Zones is divided by an existing public highway constructed before March 21, 1985 to the Ministry of Transportation and Infrastructure standard, subdivision may be undertaken provided that: a) one parcel comprises the entire divided part and has no less than 8,000 square metres, and b) the other parcel meets the minimal parcel area except where it is consolidated with an adjacent parcel. 3.4 Density Averaging 3.4.1 The minimum parcel size prescribed in each zone may be reduced for bare land strata parcels created by means of density averaging provided that: a) 75% of the common property is preserved as open space; b) the total area of the land in the bare land strata plan (exclusive of those portions intended to provide access) divided by the number of strata lots intended to be created is not less than the equivalent minimum parcel size permitted under this Bylaw; c) the parcel configuration and area is adequate to accommodate buildings and structures appropriate to the intended use; Consolidated for Convenience Only to June 14, 2018 Page 16 of 112
d) parcels less than 1 hectare are serviced with community sewer; and e) upon subdivision the smallest strata lot created is not less than 50% of the minimum parcel size specified in the applicable zone and in no case shall a strata lot be less than 2,000 square metres in area. 3.4.2 Where a bare land strata subdivision is created under the provisions of density averaging, a s. 219 restrictive covenant prohibiting further subdivision must be registered on the subject titles at the time of the subdivision; and, in the case of a phased subdivision, the developer must submit a phasing plan to the TNRD and the Provincial Approving Officer for consideration of approval. 3.5 Accessory Buildings & Uses 3.5.1 No accessory building may be erected on any parcel unless the principal building or manufactured home has been authorized by the issuance of a Building Permit for the construction of the principal building or manufactured home and the principal Building Permit has not expired. 3.5.2 Notwithstanding s. 3.5.1 above, a temporary building for the storage of tools, equipment and construction materials may be located on the parcel of the principal building provided a valid principal Building Permit has been issued. 3.5.3 Notwithstanding s. 3.5.1 above, in the AF-1, AF-2 and RL-1 Zones only, a farm building used as an accessory building to the principal agricultural land use on that land, may be located on a parcel provided it is for agricultural use and provided the land is classified as Farm under the Assessment Act. 3.5.4 An accessory building is deemed attached to a principal building and forms part of a principal building if it is: a) connected by a supporting structure and roofline to the principal building so that there is no space clear to sky and it conforms to the British Columbia Building Code; or, b) connected such that there is an overlapping roof overhang and no space clear to sky in the case of a manufactured home on blocking. 3.5.5 Where a building is not attached to a principal building or manufactured home, it is deemed to be an accessory building and a minimum spatial separation of 1.8 metres must be maintained between buildings. 3.5.6 No accessory building shall be used as a sleeping unit, bed and breakfast, or dwelling unit, unless expressly permitted by this Bylaw and subject to Building Code compliance and Occupancy Permit issuance. Consolidated for Convenience Only to June 14, 2018 Page 17 of 112
3.5.7 Any fabric covered building or structure including a portable, pre-manufactured building located upon a parcel to accommodate uses including but not limited to vehicle parking, storage, or greenhouses must conform to the applicable dimensional and setback provisions of this Bylaw. 3.5.8 Any private power generation structures, buildings or equipment that is fixed to a parcel shall be subject to all lot coverage, setback or building height provisions stipulated in this Bylaw for the zone in which such structure, buildings or equipment are located. 3.6 Dwellings per Parcel 3.6.1 There shall be no more than one single family dwelling, one two family dwelling or one manufactured home on any parcel unless expressly permitted in this Bylaw and further, a single family dwelling and a CSA Z-240 manufactured home cannot be joined so as to be a two family dwelling. 3.6.2 Notwithstanding s. 3.6.1, where a parcel is used exclusively for agricultural or horticultural use in the AF-1, AF-2 or RL-1 Zones, an additional detached dwelling unit in conjunction with the agricultural or horticultural use is only permitted on that parcel subject to the following: a) the parcel must be classified as Farm under the Assessment Act; b) the parcel area must be at least 8 hectares for parcels that are not in the ALR and at least 50 hectares for parcels that are in the ALR; c) any additional dwelling must be occupied only by a member of the owner s immediate family or by a person employed in agricultural operation; d) any additional dwelling must be 8 metres or more from any parcel boundary; and e) any additional dwelling must be serviced with on-site water and sewage disposal in accordance with the requirements of the Provincial authority having jurisdiction. 3.6.3 In addition to the preceding, further additional dwellings are only permitted if and when approved or allowed by the Agricultural Land Commission. 3.6.4 Where an additional dwelling unit for agricultural and horticultural use is permitted pursuant to s.3.6.2, the owner must register a restrictive covenant against the title of the parcel under s.219 of the Land Title Act prohibiting use of the additional dwelling for any other tenancy than the occupancy of a person(s) engaged full-time in agriculture and horticulture work on the property. 3.7 Temporary Buildings 3.7.1 During active construction upon a parcel a temporary building, manufactured home or recreational vehicle may be erected or located on a parcel being developed for a period not exceeding the duration of a valid Building Permit issued for the construction taking place on the parcel. At the expiration of such Building Permit, the temporary building or accommodation must be removed and the site thereof remediated to its former condition. Consolidated for Convenience Only to June 14, 2018 Page 18 of 112
3.7.2 Notwithstanding any restrictions set out in this Bylaw, one CSA Z-240 manufactured home (for the purposes of this section, the Temporary Dwelling ) may be permitted temporarily on a parcel subject to the strict compliance with the following conditions: a) not more than one single family dwelling is located on the parcel; b) the parcel area is a minimum of 4,000 square metres if served by a community water system or a minimum of 8,000 square metres if not served by a community water system; c) the Temporary Dwelling must be occupied by either an infirm person who is cared for by the owner of the parcel or a person who is required to provide care for the infirm owner of the parcel, for whom a physician, qualified to practice medicine pursuant to the British Columbia Health Professions Act, has sworn an affidavit that on-site care is necessary and which affidavit must be delivered to the TNRD prior to the issuance of a building permit and further affidavits must be delivered to the TNRD no less than once per year by January 31 st in each year thereafter attesting to the continued need for on-site care for the infirm person; d) the Temporary Dwelling must: i) not be wider than 5 metres and not have any additions constructed to it; ii) be installed upon a non-permanent foundation such as blocking; iii) be sited not less than 6 metres from any parcel line and not less than 5 metres from the principal dwelling; and iv) be connected to a sewage disposal system in accordance with the British Columbia Sewerage System Regulation to the Public Health Act; e) the Temporary Dwelling must be removed from the parcel within 30 days notice from TNRD, if any of the conditions specified in this section are not continued to be fulfilled at any time; and f) a restrictive covenant under s. 219 of the Land Title Act must be registered on title of the parcel stipulating the particulars of the conditions specified in this provision. 3.8 Shipping Containers The placement of shipping containers is permitted as an accessory use in the AF-1, AF- 2, RL-1, SH-1, CR-1, C-1, C-2, C-3, C-4, C-5, C-6, I-1, I-2, I-3, I-4, P-1, P-2 and P-3 Zones only and is subject to the following: a) no more than one shipping container 12.5 metres in length or two shipping containers 6 metres in length are permitted per parcel in the AF-1, AF-2, RL-1, SH-1 and CR-1 Zones; b) no more than two shipping containers 12.5 metres in length or four shipping containers 6 metres in length are permitted per parcel in the C-1, C-2, C-3, C-4, C-5, C-6, P-1, P-2 and P-3 Zones; c) no shipping container shall exceed 12.5 metres in length; and d) siting must be confined to the rear of the parcel between the principal building and rear setback and shall comply with all applicable accessory building setbacks from parcel lines and applicable conditions of use; and e) notwithstanding the preceding, where a rear parcel line abuts a lake or river, the shipping container is not required to be located to the rear of the parcel but shall be Consolidated for Convenience Only to June 14, 2018 Page 19 of 112
3.9 Campgrounds located only where and if appropriately screened and shall comply with all applicable accessory building setbacks from parcel lines and conditions of use. Campgrounds where expressly permitted in this Bylaw shall comply with the requirements of the TNRD Campground Bylaw No. 1209 as amended and superseded. 3.10 Construction Camps Notwithstanding other provisions of this Bylaw, construction camps providing boarding and lodging facilities for employees of contractors working on major construction projects such as highways, independent power projects, transmission and utility lines, hydro-electric dams and mines are permitted within the AF-1, RL-1, C-2, I-2, I-3, P-1, P-2, and P-3 Zones provided that the: a) minimum parcel area is four hectares; b) construction camp is set back a minimum of one hundred metres from any parcel zoned other than AF-1, RL-1, C-2, I-1, I-2, I-3, P-1, P-2, and P-3; c) the duration of use does not exceed the construction period; and d) upon closure, the construction camp land is remediated to its former condition. 3.11 Fences 3.11.1 The height of a fence is determined by measurement from the adjacent ground level to the top of the fence. Figure 3.1 3.11.2 In the R-1, R-2, R-3, LR-1, LR-2, RA-2, RA-4, C-7, C-8 and RR-1 Zones, no fence shall exceed 1 metre in height in the required front setback of any parcel and 2 metres in height anywhere except the front setback of any parcel, as illustrated in Fig.3.1. 3.11.3 Notwithstanding the preceding, the following shall apply: a) any corner parcel contiguous to a highway intersection must conform to s. 3.13 of this Bylaw; b) the maximum fence height regulations do not apply to open mesh or chain link fences erected to enclose recreational amenities or entertainment uses such as but not limited to pools, tennis courts, golf courses, driving ranges, parks, or zoos; c) for C-2, C-3, I-1 and I-3 Zones, all lands used for the wrecking and storage of automobiles, in whole or in part, must be completely enclosed by a well maintained view obstructing fence or wall of not less than 2.5 metres in height and not more Consolidated for Convenience Only to June 14, 2018 Page 20 of 112
than 4 metres in height, except where the adjacent parcel is zoned C-2, I-1, I-2, I- 3 or I-4; d) in C-2, C-3, I-1 and I-3 Zones, no material shall be stored or stacked to a height greater than that of the surrounding fence or wall; and e) in C-7, C-8, RA-4 and RR-1 Zones, all service or utility buildings shall be fenced, screened or designed in a manner that is compatible with the character of the comprehensive resort development. 3.12 Landscaping & Screening Requirements 3.12.1 In the C-7, C-8, RA-2, RA-4, RR-1 and R-3 Zones, a landscaping plan must be submitted to the TNRD for consideration and approval in compliance with the following: a) all setback areas except driveway access at street parcel lines shall be landscaped; and b) where landscape features utilized for screening purposes are on or adjacent to a parcel line, they shall comply with the height requirements for fences. 3.12.2 Every parking area providing 50 or more stalls must provide a landscaped island having a minimum area of 1.8 by 5 metres for every 50 parking stalls. 3.12.3 All landscaping must be maintained in good condition and in conformance with the approved landscape plan. 3.13 Visibility at Intersections In all zones, the owner or occupier shall permit no obstruction to the line of vision above the height of 0.8 metres from the established grade of streets within a sight triangle formed by the high-way boundaries and 2 points on those boundaries 6 metres Figure 3.2 from the point of intersection as illustrated on Figure 3.2. Utility poles, traffic signs, highway signs, open mesh or chain link fences that do not restrict visibility shall not be considered as obstructions for this purpose. 3.14 Garbage Storage & Collection Standards In the C-7, C-8, RA-2, RA-4 and RR-1 Zones, all buildings must provide for the enclosed storage of all garbage and provide clear unobstructed access for garbage collection; and, in no case shall the access be blocked with a parking or loading space. Consolidated for Convenience Only to June 14, 2018 Page 21 of 112
3.15 Composting Uses 3.15.1 Composting is not permitted in any zone, except in accordance with this section. 3.15.2 Every composting operation permitted by this Bylaw must comply with the Organic Matter Recycling Regulation under the Environmental Management Act and any Bylaw of the TNRD regulating the operation of composting facilities. 3.15.3 Nothing in s. 3.15 of this Bylaw restricts the nature of compost or other materials that may be applied to land as a soil conditioner in the Agricultural Land Reserve and under the Province of British Columbia Farm Practices Protection Act. 3.15.4 Backyard composting is permitted as an accessory use in every zone in which residential uses are permitted, but compost may not be sold from the premises and the production of compost is not a permitted home occupation. 3.15.5 Agricultural composting is permitted as an accessory use to agricultural and horticultural use on parcels in the Agricultural Land Reserve and on non-agricultural Land Reserve parcels 4 ha or larger in the AF-1, AF-2, RL-1 zones, subject to the following regulations: (c) Processing of composting material, including material undergoing initial decomposition and material undergoing secondary curing before being applied to land, must not occur within 30 meters of any parcel boundary or domestic water supply intake nor within 15 meters of any natural watercourse or constructed ditch, but nothing is this sub-section prohibits the application of finished compost to land. In the case of a farm business comprising adjacent parcels, the siting requirements of this subsection do not apply in relation to any parcel boundary not constituting an exterior boundary of the farm. Compost prepared as part of agricultural and horticultural use must be applied to land that is a part of the same farm business as the land on which the composting occurs, and must not be sold or removed from the premises on which it is produced. Notwithstanding s. 3.15.5, the following is permitted to be sold or removed from the premises on which it is produced: i) bagged manure or manure compost that consists only of agricultural waste produced on that farm; ii) bagged or bulk mushroom compost; and iii) Class A compost in compliance with the Organic Matter Recycling Regulation, B.C. Reg. 18/2002 that does not consist of any biosolids, if at least 50% of the compost measured by volume is used on that farm. 3.15.6 Commercial composting is permitted as a principal use in the I-4 and P-3 zones on parcels 4 ha or greater in area, not in the Agricultural Land Reserve, all subject to the initial stage of decomposition of highly odorous materials such as food waste, sludge, septage, fats, oils and grease, brewery waste, hatchery waste, poultry carcasses, fish wastes, or similar matter, where the tonnage or scale of operations creates a significant nuisance, being contained within a closed reactor or vessel. Consolidated for Convenience Only to June 14, 2018 Page 22 of 112
3.16 Signs 3.16.1 All signs, signboards and advertising devices on a parcel are subject to s. 214 of the Motor Vehicle Act and the provisions stipulated in this section. 3.16.2 Third party signs or billboards are prohibited on any parcel in all Zones of this Bylaw. 3.16.3 Where a given use is expressly permitted, a sign advertising that use may be erected upon the subject parcel only for the following purposes: a) to denote a home based business or visitor accommodation; b) to identify the name of the parcel owner or occupant and civic address; c) to advertise the sale or rental of the parcel or of a building located on the parcel; d) to advertise the sale of agricultural produce, livestock or product grown, raised or produced on the parcel; e) to advertise or identify a commercial, industrial, administrative or institution use; f) to identify a public facility, utility use or company; and g) to promote or advertise a political party or candidate from the call date of the election to five days after election day. 3.16.4 Signs permitted under s. 3.16.3 a), b), and c) shall not exceed 0.5 square metres in area and all other signs or advertising devices, where and as permitted in s.3.16.3, shall not exceed 5 square metres in area. 3.17 Strata Development 3.17.1 Unless stipulated otherwise, setback provisions of this Bylaw apply to perimeter parcel lines, not to internal strata lots lines registered pursuant to the Strata Property Act. 3.17.2 Unless stipulated otherwise and despite s.3.17.1 above, any detached or semi-detached residential building, manufactured home, or accessory building within a bare land strata subdivision must be located to provide a minimum setback as follows: a) 4.5 m from any internal road, service building, service area and amenity area; b) 1.5 m from any interior strata lot line, except where divided by a common wall; and c) 1.5 m from any rear strata lot line. 3.18 Uses Permitted in All Zones The following are permitted as primary uses in every zone of this Bylaw and not subject to minimum parcel area requirements: a) road and highway use; b) docks and wharfs excluding marina use; c) passive conservation area use; d) public park and playground use; e) emergency civic use including but not limited to fire hall, ambulance service, police station, flood control works and infrastructure; and f) utility delivery infrastructure, excluding major infrastructure such as but not limited to, electrical substations, sewage treatment lagoons, oil and gas compressor and pump stations or similar infrastructure works greater than 100 sqm in aggregate size, works yards, offices and places permanently staffed. Consolidated for Convenience Only to June 14, 2018 Page 23 of 112
3.18.2 Uses Prohibited in All Zones Recreational vehicles and tents are not buildings and are prohibited to be used, including on a temporary basis, as dwelling units in all zones. 3.18.3 To qualify s.3.18.2 above, recreational vehicles may only be used in the following circumstances: a) on a parcel where campground is specified and listed as a permitted use in the zone and the use is a part of a campground in compliance with TNRD Campground Bylaw No. 1209, 1992; b) on a parcel within the RVP-1: Recreational Vehicle Park One zone in compliance with the provisions and conditions of use listed in this Bylaw; c) on a parcel in the ALR as part of agri-tourism accommodation in compliance with ALR regulations and policy; or d) as set out in s. 3.7.1 of this Bylaw. 3.19 Pet Breeding and Kennel Use Where permitted in the AF-1, AF-2, RL-1 and C-6 Zones, any use of lands and buildings for pet breeding and kennel use or associated uses must be: a) setback a minimum of 30 metres from all property lines; b) contained and screened from adjacent parcels by a solid view obstructing fence or wall not less than 2 metres and not more than 2.5 metres in height; c) maintained in a clean, sanitary, dry, and well ventilated condition; and d) in the case of dogs, only carried out if a sound proof building with exterior wall and roof construction of Sound Transmission Class (STC) of at least 45 decibels and of adequate size to accommodate all the dogs, is constructed and operated as a part of this use. 3.20 Golf Course Use Where permitted in this Bylaw, golf course use shall permit the following buildings or structures as ancillary to the golf course: a) a clubhouse, restaurant, and related maintenance building with equipment storage; b) golf shop; and c) traveller accommodation use to a maximum of ten sleeping units. 3.21 Home Based Business 3.21.1 Home based business where expressly permitted in this Bylaw as an accessory use must conform to the following requirements: a) be carried out primarily by residents of the property and be confined to the interior of the single family dwelling, two family dwelling, manufactured home; b) despite the preceding, in the case of AF-1, AF-2, RL-1, CR-1,SH-1, R-2, LR-1, LRT-2, and R-1 Zones, may be carried out in an accessory building having a maximum height of 6 metres and maximum gross floor area of 65 square metres; Consolidated for Convenience Only to June 14, 2018 Page 24 of 112
c) not vary the residential character and appearance of the parcel or buildings and not result in any external change to a building for the purpose of accommodating the business with the exception of a sign in compliance with this Bylaw; d) have no exterior storage of materials or commodities on the subject parcel and no exterior operations except in the case of greenhouse, agriculture, or plant nursery operations; e) not create noise, dust, vibration, smell, heat, smoke, odours, glare, electrical or radio interference, fire hazard, or nuisance of any kind and shall at all times preserve the privacy, peace, and enjoyment of adjacent owners; and f) the following activities and uses as home based businesses are strictly prohibited: i. any use involving sale, lease, repair or servicing of vehicles, engines, heavy duty equipment, trailers, or boats; ii. iii. iv. transportation or truck marshalling or storage use; sawmills and/or any lumber processing; industrial scale business use or welding; v. hazardous business use; vi. vii. viii. ix. retail or wholesale of goods not produced on the parcel; resale outlets such as pawnbrokers; dry cleaning or laundry services; restaurant, pub, and any other assembly or entertainment occupancy; and x. cannabis retail. 3.21.2 Child Care Centres A child care centre may be considered a home based business in this Bylaw and where so applied, a child care centre must conform to the following: a) be limited to no more than ten children; b) provide onsite parking in compliance with Part 5 of this Bylaw; and c) comply with all applicable laws and regulations of the Province. 3.21.3 Bed and Breakfast Bed and breakfast use where permitted must comply with the following conditions: (c) (d) (e) accommodation may be provided for not more than eight persons as a part of the bed and breakfast use; accommodation must be within the proprietor s dwelling; a maximum of four bedrooms can be used for the bed and breakfast; no cooking or kitchen facilities shall be provided within the rooms of the dwelling intended for the patron accommodations; shall provide one onsite parking space for each bedroom used; and Consolidated for Convenience Only to June 14, 2018 Page 25 of 112
(f) no bed and breakfast patron shall stay within the same dwelling for more than 60 days in a calendar year. 3.22 Licensed Medical Marihuana Production Facilities & Non-Medical Cannabis Retail 3.22.1 Licensed medical marihuana production facilities are permitted in the AF-1, RL-1, I-2 and I-3 zones or lands within the Agricultural Land Reserve subject to the following conditions: a) the facilities must be licensed by Health Canada; b) the use must be located on a parcel having a minimum area of 8 hectares except on lands zoned I-2 or I-3 where the minimum parcel area shall be 4 hectares; and c) all buildings used for medical marihuana production shall be set back a minimum of 50 metres from all parcel lines. 3.22.2 Unless expressly permitted in this Bylaw, cannabis retail is prohibited in all zones including zones which broadly permit retail store or sales, convenience store, or accessory retail use. 3.23 Wildfire Management 3.23.1 The provisions of this section are pursuant to the Ministry of Forests, Lands and Natural Resource Operations designations of High, Moderate, or Low Wildfire Hazard lands as mapped by the TNRD and in Official Community Plans, and for lands within a two kilometer Buffer Area of High Wildfire Hazard where development is at risk of airborne embers. 3.23.2 In the case of High Wildfire Hazard lands, where any subdivision or land use application will create four or more parcels or four or more dwelling units, the owner must submit to the TNRD a Wildfire Hazard Assessment Report, prepared by a licensed registered professional forester or qualified forestry professional analyzing the proposed development. 3.23.3 The Wildfire Hazard Assessment Report required under the preceding must: a) assess the current wildfire hazard risk; b) assess conditions on and off-site including neighbouring lands; c) evaluate the proposed development for wildfire susceptibility; and d) recommend steps for wildfire hazard mitigation to reduce the risk of wildfire for the land and buildings to a moderate or lower risk level. 3.23.4 The recommendations of the Wildfire Hazard Assessment Report must be implemented during development and incorporated into a s. 219 of the Land Title Act restrictive covenant registered on the parcel title advising owners of their responsibility to manage land and buildings in accordance with the Wildfire Hazard Assessment Report. 3.23.5 In the case that an application will create four or more parcels and the land is not in a mapped or categorized area, the owner may be required to undertake a Wildfire Hazard Assessment Report in accordance with the preceding, if so determined by the delegated authority of the TNRD. Consolidated for Convenience Only to June 14, 2018 Page 26 of 112
3.23.6 In the case of High Wildfire Hazard lands where a subdivision or land use application will create three or less parcels or three or less dwelling units, the owner is not required to submit a Wildfire Hazard Assessment Report; however, the owner must register a restrictive covenant on the parcel title under s. 219 of the Land Title Act encouraging Fire Smart wildfire hazard mitigation practices for building construction and land management. 3.23.7 In the case of a Buffer Area or Moderate to Low Wildfire Hazard, any subdivision or land use application shall trigger a requirement for the owner to register a restrictive covenant on the parcel title(s) encouraging Fire Smart wildfire hazard mitigation practices for building construction and land management. 3.23.8 Where wildfire hazard mitigation requirements and Riparian Areas Regulation requirements contradict, the Riparian Areas Regulation requirements prevail. 3.24 Keeping of Livestock on parcels that are not in the ALR The keeping of livestock as part of agricultural and horticultural use on parcels, not in the ALR, that have an area of 1 hectare or less shall be limited to: (c) two large livestock per every 4000 square metres of parcel area; in addition to the preceding, one small livestock per every 2000 square metres of parcel area, except where a lesser quota of large livestock are kept on the parcel, in which case, two additional small livestock may be kept for any unallocated large livestock; and in addition to the preceding, the maximum number of rabbits or poultry or combination thereof, that may be kept on a parcel is restricted as follows: Parcel Area Number 1000 sq.m. or less 4 head 1000 to 4000 sq.m. 20 head 4000 sq.m. to 1 ha 40 head Consolidated for Convenience Only to June 14, 2018 Page 27 of 112
Part 4: Floodplain, Riparian, & Lakeshore Regulations The following additional definitions apply only to Part 4.1 of this Bylaw: DESIGNATED FLOOD means a flood as determined in this Bylaw based on the probability that it may occur in any given year of such magnitude as to equal a flood having a 200-year recurrence interval; OR based on a frequency analysis of historic flood records; OR by regional analysis where no adequate stream flow data is available. DESIGNATED FLOOD LEVEL means the observed or calculated elevation for the designated flood, which is used in the calculation of the flood construction level. FLOOD CONSTRUCTION LEVEL means the designated flood level plus 0.6 metres freeboard; OR where a designated flood level cannot be determined, a specified height above a natural boundary, used to establish the elevation of the underside of a floor system of any area used for habitation, business or storage of goods damageable by floodwaters or in the case of a manufactured home, the ground level or top of the concrete or asphalt pad upon which a manufactured home rests. FLOODPLAIN SETBACK means the required minimum horizontal distance from the natural boundary of a watercourse, lake, or other body of water to any fill or structural support required to elevate a floor system supporting habitable space or pad above the flood construction level, so as to maintain a floodway and allow for potential land erosion. STANDARD DYKE means a dyke built to minimum crest elevation equal to the Flood Construction Level and meeting standards of design and construction approved by the Ministry of Environment and maintained by an ongoing authority such as a local government body. 4.1 Floodplain Regulations 4.1.1 Pursuant to s. 524 of the Local Government Act, land lower in elevation than the flood construction level specified in s.4.1.4 and land within the floodplain setback specified in s.4.1.9 is designated as Floodplain. 4.1.2 The underside of any floor system used for dwelling purposes, business, or the storage of goods susceptible to damage by floodwater or top of pad of a manufactured home must be above the applicable flood construction level specified herein. 4.1.3 By the enactment, administration or enforcement of s.4.1, the TNRD does not represent that any building, including a manufactured home, located, constructed, sited or used in accordance with the provisions of this Bylaw, or in accordance with any advice, information, direction or guidance provided by the TNRD in the administration of this Bylaw, will not be damaged by flooding or erosion. Consolidated for Convenience Only to June 14, 2018 Page 28 of 112
4.1.4 Flood Construction Level The following elevations are specified as flood construction levels, except that where more than one flood construction level is applicable, the higher elevation is deemed the flood construction level: a) in the case of named lakes (Geodetic Survey of Canada cited G.S.C.): Adams Lake Bonaparte Lake Kamloops Lake Little Shuswap Lake Nicola Lake Stump Lake 3 metres above the natural boundary of the lake 3 metres above the natural boundary of the lake 346.2 metres G.S.C. datum for land adjacent to the lake 350.2 metres G.S.C. datum for land adjacent to the lake 627.9 metres G.S.C. datum for land adjacent to the lake 746.5 metres G.S.C. datum for land adjacent to the lake b) 8 metres above the natural boundary of the Fraser River; c) 1.5 metres above the natural boundary of any other lake, swamp or pond and of any other watercourse not stipulated herein; d) as indicated on Province of British Columbia, Ministry of Environment, Floodplain Mapping in effect at the time or where mapping is not established: Thompson River Clearwater River Coldwater River Deadman River (downstream of Criss Creek) Nicola River North Thompson River Danish Creek Siwash Creek Spius Creek Tranquille River Barriere River Bonaparte River (downstream of Loon Creek) Blue River Bonaparte River (upstream of Loon Creek) Deadman River (upstream of Criss Creek) East Barriere River Salmon River Big Bar Creek Criss Creek Hat Creek Heffley Creek Guichon Creek (downstream of Mamit Lake) Lemieux Creek 6 metres above the natural boundary 3.5 metres above the natural boundary 3 metres above the natural boundary 2.5 metres above the natural boundary 2 metres above the natural boundary Consolidated for Convenience Only to June 14, 2018 Page 29 of 112
4.1.5 Flood Construction Level Exemptions The following shall be exempt from the flood construction levels specified herein: a) renovation of a dwelling that does not involve additional gross floor area; b) in the case of a dwelling existing prior to March 29, 1985, a onetime addition that increases the floor area by not more than 25% of the total gross floor area; c) the portion of a building used exclusively as a carport, garage or entrance foyer; d) industrial development which is flood-proofed to the flood construction level; e) heavy industry development protected by standard dykes, including but not limited to processing, manufacturing of wood and paper products, metal, heavy electrical, non metallic mineral products, petroleum and coal products, industrial chemicals and by-products and allied products; f) loading facilities associated with water-oriented industry and portable sawmills; and g) farm buildings other than dwelling units and enclosed livestock housing; provided that the main electrical switchgear for any of the preceding is permanently installed above the flood construction level. 4.1.6 The required elevation may be achieved by structural elevation of a habitable, business or storage area or by adequately compacted landfill on which any building is to be constructed, or manufactured home located, or by a combination of both structural elevation and landfill. 4.1.7 Where landfill is used to achieve the required elevation set out in s.4.1.4, the face of the landfill slope shall be adequately protected against erosion from flooding and no portion of the landfill slope shall extend within the applicable floodplain setback specified herein. 4.1.8 No area below the flood construction level shall be used for the installation of furnaces or other fixed equipment susceptible to damage by floodwater. 4.1.9 Floodplain Setback Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended, nor shall any manufactured home be located, within the specified floodplain setbacks as specified below: Kamloops Lake Nicola Lake Stump Lake Little Shuswap Lake Any other lake, swamp or pond Fraser River Thompson River Spius Creek Nicola River Coldwater River Salmon River Bonaparte River (downstream of Loon Creek) 15 metres from the natural boundary 7.5 metres from the natural boundary 60 metres from the natural boundary or within 45 metres of the top of the bank 45 metres from the natural boundary Consolidated for Convenience Only to June 14, 2018 Page 30 of 112
Barriere River Blue River Bonaparte River (upstream of Loon Creek) Clearwater River East Barriere River Raft River North & South Thompson Rivers Tranquille River Criss Creek Guichon Creek Lemieux Creek Paul Creek Peterson Creek Sinmax Creek McGillivary Creek (downstream of Sun Peaks Resort) Any other watercourse 30 metres from the natural boundary 15 metres from the natural boundary 4.1.10 If more than one floodplain setback is applicable under this Bylaw, the greater distance shall comprise the floodplain setback. 4.1.11 Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended nor shall any manufactured home be located where any watercourse has steep banks and where erosion and/or landslip may occur due to the action of floodwaters, nor within 7.5 metres of the inboard toe of a standard dyke. 4.1.12 Exemptions Under the Local Government Act or a program developed pursuant to the applicable regulations, the TNRD may exempt: a) classes of development; b) specified permitted uses, or c) a building or structure on a given parcel from flood construction levels and floodplain setbacks requirements, if the TNRD has received a certified report from a Professional Engineer or Geoscientist establishing that the land may be safely used for the use intended or if it considers the exemption consistent with the Province of British Columbia Flood Hazard Area Land Use Management Guidelines, 2004. 4.1.13 An exemption pursuant to s. 4.1.12 may be subject to terms and conditions the TNRD considers necessary or advisable, including registration of a restrictive covenant against the parcel title under s. 219 of the Land Title Act incorporating any conditions or reports of the Professional Engineer or Geoscientist. 4.2 Lakeshore Development Purpose In 2004, the TNRD established the Lakeshore Development Guidelines" as Board policy and to guide discretionary decisions of the Approving Officer when considering Consolidated for Convenience Only to June 14, 2018 Page 31 of 112
applications within one kilometer of the natural boundary of a lake (see illustration under Figure 4.1). While the Lakeshore Development Guidelines" deal with matters beyond the scope of the zoning regulations set out in this Bylaw, they apply to critical environmental and development matters. 4.2.1 Amendments to this Bylaw for lands within one kilometer of a lake will be considered in due regard to the TNRD Lakeshore Development Guidelines and the provisions of any other applicable bylaw and legislation. Figure 4.1 4.3 Riparian Areas Regulation (RAR) For the purposes of this section, terms shown in italics with an asterisk* are as defined in Riparian Areas Regulation BC Reg. 376/2004 (the Regulation ), as amended; refer to that Regulation for their meaning. 4.3.1 This section applies to a Riparian Assessment Area (RAA)* adjacent a stream* for the purpose of providing protection of the features, functions and conditions that are vital in the natural maintenance of stream* health and productivity, all to protect fish habitat. 4.3.2 The following areas are defined as a RAA* requiring the protection of fish habitat (Figure 4.2). These areas include all streams* and adjacent lands within: a) 30 metres of the high water mark of a stream*; b) 30 metres of the top of the bank of a ravine* less than 60 metres wide; and c) 10 metres of the top of the bank of a ravine* which is 60 metres or more wide. Consolidated for Convenience Only to June 14, 2018 Page 32 of 112