HomeMy Public PortalAboutZoning Bylaw 1380
Town of Oliver Zoning Bylaw 1380
CONSOLIDATED FOR PUBLIC CONVENIENCE
(Includes Amendments up to May 24, 2022)
1380.01 LU-3-C-77 Adopted October 15, 2018
1380.02 Projections Adopted April 23, 2019
1380.03 6431 Okanagan Adopted October 30, 2018
1380.04 M1 Zone - Cannabis Adopted May 13, 2019
1380.05 5851 Main Street Adopted May 13, 2019
1380.06 6380 Okanagan Adopted May 13, 2019
1380.07 Visitor Parking Spaces Adopted July 8, 2019
1380.08 5931 Airport Street Adopted October 15, 2019
1380.09 Docking Regulations Pending
1380.10 Vacation Rentals Adopted November 25, 2019
1380.11 312 Chardonnay Adopted November 25, 2019
1380.12 6422 Main Street Adopted March 9, 2020
1380.13 Visitor Information Centre Did not proceed
1380.14 313 Chardonnay Ave Adopted May 25, 2020
1380.15 380 & 389 Chardonnay Ave Adopted September 8, 2020
1380.16 Definitions, General Regulations,
Vehicle Parking and Loading
Regulations, Zones
Adopted April 12, 2021
1380.17 5753 Main Street Did not proceed
1380.18 6234 Main Street Adopted July 26, 2021
1380.19
1380.20
6643 Lakeside Drive
491 Salamander Avenue
Adopted
Adopted
January 10, 2022
February 28, 2022
1380.21 6005 Station St & 248 Co-op Ave Adopted January 24, 2022
1380.22 6955 Meadows Drive Adopted March 14, 2022
1380.23 Lots 5 & 6 KPA 64043 Bylaw did not proceed
1380.24 313, 317, 380 & 389 Chardonnay Pending
1380.25
1380.26
1032 Rockcliffe Road
Housekeeping
Adopted
Adopted
March 14, 2022
May 24, 2022
Town of Oliver | Zoning Bylaw 1380
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
Town of Oliver Zoning Bylaw 1380
TABLE OF CONTENTS
Page
1.0 TITLE AND APPLICATION ........................................................................... 6
2.0 TRANSITION .............................................................................................. 7
3.0 ADMINISTRATION ..................................................................................... 9
4.0 DEFINITIONS ........................................................................................... 11
5.0 CREATION OF ZONES ............................................................................... 28
6.0 GENERAL REGULATIONS .......................................................................... 31
6.1 Applicability ..................................................................................................... 31
6.2 Uses Permitted in Every Zone ........................................................................... 31
6.3 Prohibited Uses of Land, Buildings and Structures ............................................ 31
6.4 Projections ....................................................................................................... 32
6.5 Height Exceptions ............................................................................................ 34
6.6 Fence Heights .................................................................................................. 34
6.7 Secondary Suites .............................................................................................. 35
6.8 Carriage Homes ................................................................................................ 36
6.9 Accessory Buildings and Structures .................................................................. 36
6.10 Home Occupations ........................................................................................... 37
6.11 Home Industries............................................................................................... 38
6.12 Bed and Breakfast Operation ........................................................................... 39
6.13 Vacation Rentals .............................................................................................. 40
6.14 Garage Sales .................................................................................................... 40
6.15 Provisions ........................................................................................................ 41
6.16 Metal Storage Containers ................................................................................. 41
6.17 Agri-Tourism Accommodation .......................................................................... 41
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
7.0 FLOODPLAIN REGULATIONS .................................................................... 42
7.1 Floodplain Designation and Flood Construction Level ....................................... 42
7.2 Siting Buildings and Structures in Floodplains ................................................... 42
7.3 Floodplain Management Regulations ............................................................... 43
8.0 VEHICLE PARKING AND LOADING REGULATIONS ..................................... 46
8.1 Basic Provisions ............................................................................................... 46
8.2 Calculation of Off-Street Vehicle Parking and Loading Spaces ........................... 46
8.3 Location of Off-Street Vehicle Parking and Loading Spaces ............................... 48
8.4 Off-Street Vehicle Parking Exemptions ............................................................. 49
8.5 Payment In Lieu of Off-Street Vehicle Parking Spaces ....................................... 50
8.6 Design Standards for Off-Street Vehicle Parking and Loading Areas .................. 50
8.7 Shared Off-Street Vehicle Parking Spaces ......................................................... 53
9.0 SUBDIVISION REGULATIONS .................................................................... 54
9.1 Minimum Parcel Size Exceptions for Subdivision .............................................. 54
9.2 Minimum Parcel Width for Subdivision Exceptions ........................................... 54
9.3 Hooked Parcels ................................................................................................ 55
10.0 LOW DENSITY RESIDENTIAL ZONES ......................................................... 56
10.1 LOW DENSITY RESIDENTIAL ONE (RS1) ZONE .................................................... 56
10.2 LOW DENSITY RESIDENTIAL TWO (RS2) ZONE ................................................... 59
10.3 LOW DENSITY RESIDENTIAL (STRATA) THREE (RS3) ZONE .................................. 62
10.4 LOW DENSITY RESIDENTIAL FOUR (RS4) ZONE .................................................. 66
10.5 LOW DENSITY RESIDENTIAL DUPLEX (RD1) ZONE .............................................. 69
10.6 MANUFACTURED HOME PARK (RSM) ZONE ...................................................... 72
11.0 MEDIUM DENSITY RESIDENTIAL ZONES ................................................... 75
11.1 MEDIUM DENSITY RESIDENTIAL ONE (RM1) ZONE ............................................ 75
11.2 MEDIUM DENSITY RESIDENTIAL TWO (RM2) ZONE ........................................... 80
12.0 HIGH DENSITY RESIDENTIAL ZONES ......................................................... 83
12.1 HIGH DENSITY RESIDENTIAL ONE (RH1) ZONE ................................................... 83
12.2 HIGH DENSITY RESIDENTIAL TWO (RH2) ZONE .................................................. 86
13.0 TOWN CENTRE ZONES ............................................................................. 88
13.1 TOWN CENTRE (TC) ZONE ................................................................................. 88
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
14.0 COMMERCIAL ZONES .............................................................................. 94
14.1 NEIGHBOURHOOD COMMERCIAL (C1) ZONE .................................................... 95
14.2 HIGHWAY COMMERCIAL (C2) ZONE.................................................................. 98
14.3 GENERAL COMMERCIAL (C3) ZONE .................................................................. 103
14.4 SERVICE COMMERCIAL ONE (CS1) ZONE .......................................................... 107
14.5 SERVICE COMMERCIAL TWO (CS2) ZONE ......................................................... 110
15.0 TOURIST COMMERCIAL ZONES .............................................................. 113
15.1 TOURIST COMMERCIAL ONE (CT1) ZONE ......................................................... 113
15.2 RESORT COMMERCIAL (RC) ZONE .................................................................... 116
16.0 INDUSTRIAL ZONES ............................................................................... 120
16.1 GENERAL INDUSTRIAL (M1) ZONE ................................................................... 120
16.2 AIRPORT (AP) ZONE ........................................................................................ 124
17.0 RURAL ZONES ........................................................................................ 127
17.1 AGRICULTURE (AG) ZONE ................................................................................ 127
17.2 AGRICULTURE TRANSITION (AGX) ZONE .......................................................... 130
18.0 ADMINISTRATIVE, INSTITUTIONAL AND CULTURAL ZONES .................... 133
18.1 ADMINISTRATIVE, INSTITUTIONAL AND CULTURAL (AI) ZONE .......................... 133
18.2 RESIDENTIAL ASSISTED LIVING (RAL) ZONE ...................................................... 136
19.0 PARKS, RECREATION AND OPEN SPACE ZONES ...................................... 139
19.1 PARKS, RECREATION AND OPEN SPACE (PR) ZONE ........................................... 139
20.0 COMPREHENSIVE DEVELOPMENT ZONES .............................................. 141
20.1 COMPREHENSIVE DEVELOPMENT ONE (CD1) ZONE ......................................... 141
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LIST OF SCHEDULES, MAPS, FIGURES, AND TABLES
Schedule ‘A’ Town of Oliver Zoning Text
Figure 4.1 Illustration of Height Envelope
Figure 4.2 Illustration of Parcel Types and Setback Locations
Figure 6.4 Side setback projection limits
Figure 6.6 Site Triangle
Figure 7.2.1(a) Okanagan River Flood Plain
Figure 7.2.1(c) Other water course, lake, swamp, pond
Figure 8.3.2 Parking Dimension Factors
Figure 8.4 Historic Downtown Parking Area
Figure 10.1 RS1 Zone Building Envelope
Figure 10.2 RS2 Zone Building Envelope
Figure 10.3 RS3 Zone Building Envelope
Figure 10.5 RD1 Zone Building Envelope
Figure 11.1 RM1 Zone Building Envelope
Figure 11.2 RM2 Zone Building Envelope
Figure 12.1 RH1 Zone Building Envelope
Figure 13.1 TC Zone Building Envelope
Figure 14.1 C1 Zone Building Envelope
Figure 14.2 C2 Zone Building Envelope
Figure 14.3 C3 Zone Building Envelope
Figure 14.4 CS1 Zone Building Envelope
Figure 16.2 M1 Zone Building Envelope
Figure 18.1 AI Zone Building Envelope
Schedule ‘B’ Town of Oliver Zoning Map
Schedule ‘C’ Town of Oliver Floodplain Maps
Note: Schedules ‘B’ and ‘C’ can be viewed either on the Town of Oliver website at
www.oliver.ca, or by requesting hard copy at the Town of Oliver office.
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TOWN OF OLIVER
ZONING BYLAW 1380
A Bylaw to divide the Municipality into zones and regulate within the zones:
1. the use of land, buildings and structures,
2. the density of the use of land, buildings and structures,
3. the siting, size and dimensions of:
a) buildings and structures, and
b) uses that are permitted on the land,
4. the shape, dimensions and area, including the establishment of maximum and
minimum sizes of all parcels of land that may be created by subdivision,
5. the provision of off-street parking and loading spaces,
6. the provision of screening or landscaping,
7. floodplain regulations, and
8. other matters under provincial empowering enactments.
The Council of the Town of Oliver, in Open Meeting Assembled, ENACTS AS FOLLOWS:
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1.0 TITLE AND APPLICATION
1.1 This bylaw may be cited as “Town of Oliver Zoning Bylaw 1380”
1.2 This Bylaw applies to all land, including the surface of water, located within the Town of
Oliver.
This Bylaw includes:
Schedule ‘A’ Zoning Bylaw Text
Schedule ‘B’ Zoning Bylaw Map
Schedule ‘C’ Zoning Bylaw Floodplain Maps
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2.0 TRANSITION
2.1 Zoning Bylaw 1350, as amended, is repealed.
Read a first and second time on the 11th of June, 2018.
Public Hearing held on the 25th of June, 2018.
Read a third time as amended on the 25th of June, 2018.
Approved pursuant to section 52(3)(a) of the Transportation Act this 26th
day of June, 2018.
Adopted on 9th day of July, 2018.
“Original signed by Mayor” “Original signed by Corporate Officer”
______________________ _________________________
Mayor Corporate Officer
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SCHEDULE ‘A’
TOWN OF OLIVER ZONING BYLAW 1380
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3.0 ADMINISTRATION
3.1 General
.1 The Municipal Building Inspector and any other employee appointed by Council to
administer this bylaw are at all reasonable times on any day authorized to enter
on any property that is subject to regulation under this bylaw to ascertain whether
the regulations or directions under this bylaw are being observed.
3.2 Applicability
.1 Land or the surface of water must not be used, land shall not be subdivided and
buildings or structures must not be constructed, altered, located or used except as
specifically permitted in this Bylaw.
.2 Parcels created prior to adoption of this Bylaw that do not meet any minimum
parcel area or dimensions, may be used for any of the permitted uses listed in each
zone, subject to any limitations contained therein.
.3 Parcels shall be consolidated prior to issuance of building permit where the
proposed building would otherwise straddle the parcel line.
.4 Except for all non-habitable buildings under 10.0 m2 in size, all buildings and
structures must be affixed to permanent foundations.
3.3 Prohibitions and Penalties
.1 Every person who:
a) violates any of the provisions of this bylaw;
b) causes or permits any act or thing to be done in contravention or violation of
any of the provisions of this bylaw;
c) neglects or omits to do anything required under this bylaw;
d) carries out, causes or permits to be carried out any development in a manner
prohibited by or contrary to any of the provisions of this bylaw;
e) fails to comply with an order, direction or notice given under this bylaw;
f) being the owner of land, permits, allows or suffers any occupier of that land to
do any act or thing in contravention or violation of any of the provisions of
this bylaw, to neglect or omit to do anything required under this bylaw, to
carry out any development in a manner prohibited by or contrary to any of the
provisions of this bylaw, or to fail to comply with an order, direction or notice
given under this bylaw; or
g) prevents or obstructs or attempts to prevent or obstruct the authorized entry
of the Municipal staff on property,
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commits an offence under this bylaw.
.2 Every person who commits an offence under this bylaw is liable to a fine not
exceeding $10,000.00, and the costs of prosecution.
.3 In the case of a continuing offence, each day on which offence occurs or continues
to occur constitutes a new and distinct offence.
3.4 Severability
.1 If any section, subsection, sentence, clause or phrase of this bylaw is for any
reason held to be invalid by the decision of any Court of competent jurisdiction,
the invalid portion shall be severed and the decision that it is invalid shall not
affect the validity of the remainder.
3.5 Illustrations
.1 In the event of any inconsistency between the text of this bylaw and any figure or
illustration, the text shall govern.
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4.0 DEFINITIONS
In this Bylaw:
A
“abattoir” means a use that provides for the penning and slaughtering of live animals and the
preliminary processing of animal carcasses and may include the packing, treating, storing and
selling of the product on the premises;
“accessory use” means a use which is subordinate, customarily incidental, and exclusively
devoted to a principal use in existence on the same parcel;
“accessory building or structure” means a detached building or structure located on the same
parcel as the principal building, the use of which is subordinate, customarily incidental, and
exclusively devoted to that of the principal building;
“accessory dwelling for farm labour” means a single detached dwelling, manufactured home or
other attached dwelling on an agriculturally zoned parcel designated as ‘farm’ under the BC
Assessment Act. The accessory dwelling is a complete living unit and includes a private kitchen
and bath;
“agri-tourism” means a tourist activity, service or facility accessory to a principal farm use, on
land classified as a farm under the Assessment Act;
“agri-tourism accommodation” means accommodation for rental to the traveling public on an
operating farm, which is accessory to the principal farm use of the parcel;
Amendment 1380.04 Adopted May 13, 2019
“agriculture” means the use of land, buildings or structures for growing, harvesting, packing,
storing and wholesaling of agricultural crops for the purposes of providing food, horticultural,
medicinal or farm products, including cannabis production, but excludes processing and retail
sales of farm products. Agriculture includes producing and rearing animals and range grazing of
horses, cattle, sheep, and other livestock and includes apiculture and aquaculture;
“airport” means any area of land and water to function as a facility for the arrival, departure,
movement, or servicing of aircraft;
“aisle space” means the area of a parking lot which provides space for motor vehicle access and
does not include space for motor vehicle parking;
“alteration” means, in relation to land, the subdivision of land, and in relation to a building or
structure a change to a building including:
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(i) an addition to gross floor area or height;
(ii) the removal of a portion of the building;
(iii) construction of, cutting into, or removal of a wall, partition, column, beam, joist or floor;
and
(iv) a change to or closing of any required means of access or egress;
“amenity area” means common space located on the same parcel as a residential building and
used for landscaping or communal recreation purposes, which may include landscaped areas,
rooftop gardens, tennis courts, swimming pools, communal lounges and private balconies.
“apartment building” means a building other than a townhouse containing three (3) or more
dwellings each of which has its principal access from an entrance common to the dwellings;
“artisan studio” means premises for the production of art, photography, audio visual materials,
sculpture and other crafts including but not limited to pottery, wood crafts, metal crafts, textile
crafts, glass crafts, custom stone crafts or native crafts;
“assembly” means the gathering of persons for charitable, civic, cultural, educational,
entertainment, philanthropic, political, recreational or religious purposes;
“assisted living housing” means a care facility that combines private living quarters with
centralized dining services, shared living spaces, and access to social and recreational
activities. Assisted living housing usually provides supportive services like meals and
housekeeping in addition to rental accommodation;
B
“base elevation” means the average finished ground level at the perimeter of a building or
structure, excluding any localized mounds or depressions such as those for vehicle or pedestrian
entrances;
Amendment 1380.02 Adopted April 23, 2019
“balcony” means an unenclosed platform which projects or cantilevers from the wall of a building
above ground level, is normally surrounded by a balustrade or railing and is only accessible from
within a building;
Amendment 1380.10 Adopted November 25, 2019
“bed and breakfast operation” means the use of bedrooms in a principal dwelling unit which
provides sleeping accommodations to the traveling public and includes the provision of a
morning meal for those persons using the sleeping accommodations. This does not include a
vacation rental;
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“bicycle parking, long-term” means bicycle parking that is provided for the long-term secure
parking of bicycles, and includes bicycle lockers, compounds or rooms specifically provided and
equipped for bicycle storage;
“bicycle parking, short-term” means bicycle parking that is provided the short-term secure
parking of bicycles, and includes racks, lockers, or other structurally sound devices designed to
secure one or more bicycles in an orderly fashion;
“breezeway” means a connection between an accessory building or structure and a principal
building that is not heated or insulated and is not restricted by intervening doors;
“brewery, cidery, distillery, meadery or winery” means the brewing or distilling of alcoholic
beverages or alcoholic products with alcoholic content exceeding 1% by volume that is licensed
under the Liquor Control and Licensing Act to produce beer, cider, spirits, mead or wine;
“building” means a roofed structure used or intended for supporting or sheltering any use or
occupancy;
Amendment 1380.16 Adopted April 12, 2021
“bulk petroleum sales and storage” means a facility for the storage and distribution of fuels and
oils;
“business service establishment” means a business premises or building where non-household
business services are provided, and where any retail sale of goods is accessory to the provision
of such services, and for this purpose electrical and appliance repair, printing and duplication,
minor repair of mechanical equipment for printing and duplicating, secretarial services, custodial
or janitorial services, testing laboratories, sign printing, home and office security and
photography are considered non-household business services;
“business premises” means a part of a building used for carrying on a commercial or industrial
undertaking of any kind or nature for gain or profit, but does not include home occupations;
C
“campground” means a parcel of land occupied and maintained for temporary accommodation
(maximum 30 days between April 1st and October 31st in any one calendar year) of the traveling
public in tents or recreation vehicles which are licensed for the current year and have been
brought to the site by the traveler. May include an office, washroom facility and laundry as part
of the permitted use but does not include cabins, hotels, manufactured homes, manufactured
home parks, motels or park model trailers;
Amendment 1380.04 Adopted May 13, 2019
“cannabis” means any plant of the genus cannabis; including:
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a) any part of a cannabis plant, including the phytocannabinoids produced by, or found in,
such a plant, regardless of whether that part has been processed or not;
b) any substance or mixture of substances that contains or has on it any part of such a plant;
and
c) any substance that is identical to any phytocannabinoid produced by, or found in, such a
plant, regardless of how the substance was obtained.
Amendment 1380.04 Adopted May 13, 2019
“cannabis production” means the commercial production, cultivation, synthesis, harvesting,
altering, propagating, processing, packaging, storage, distribution or scientific research of
cannabis or cannabis products as permitted by federal enactment, but excludes the growing of
cannabis by an individual for their personal use and consumption;
Amendment 1380.04 Adopted May 13, 2019
“cannabis products” means plant material from cannabis and any products that include cannabis
or cannabis derivatives, intended for human use or consumption;
“cannabis dispensary” means a business selling marihuana products for medical or recreational
use.
“carriage home” means a dwelling unit located within an accessory building or structure on a
residential parcel;
“child care centre, major” means a use which provides for the care of more than eight (8)
children in accordance Child Care Licensing Regulation under the Community Care and Assisted
Living Act;
“child care centre, minor” means the use of a dwelling for the care of (8) or fewer children, in
accordance with the Child Care Licensing Regulation under the Community Care and Assisted
Living Act;
“construction services” means a business premises or building that is used for trades contractor
offices as well as construction equipment sales, rentals and storage;
“convenience store” means a business premises or building where groceries, personal care items,
bakery goods, candy, beverages, flowers, magazines and newspapers are sold;
“crematorium” means a building fitted to undertake the cremation of human remains;
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D
Amendment 1380.02 Adopted April 23, 2019
“deck” means an unenclosed structure connected to and accessible from the interior of a
dwelling unit that may be covered by part of the roof structure of the dwelling unit, is not less
than 0.6 metres above base elevation, and is used as an outdoor amenity area;
“derelict vehicle” includes a vehicle, except a farm vehicle, that is not displaying a current licence,
pursuant to Provincial regulations, and which is not enclosed within a garage or carport;
“designated flood” means a flood, which may occur in any given year, of such magnitude as to
equal a flood having a 200-year recurrence interval, based on a frequency analysis of unregulated
historic flood records or by regional analysis where there is inadequate watercourse flow data
available;
“designated flood level” means an observed or calculated water level attained by a designated
flood, which is used in the calculation of the flood construction level;
“development” means any activity carried out in the process of clearing or preparing a site or
constructing or erecting buildings or structures;
“duplex” means a building containing two principal dwelling units with each unit having an
independent exterior entrance.
“dwelling unit” means one or more habitable rooms constituting one self-contained unit which
has a separate entrance (to the exterior of the dwelling or a common area), and which contains
washroom facilities, and not more than one set of cooking facilities and which is designed to be
used for living and sleeping purposes;
E
“eating and drinking establishment” means a business premises or building where prepared
foods and beverages are offered for sale to the public for consumption within the premises or
off the site and includes neighbourhood pubs, licensed restaurants, lounges cafes, delicatessens,
tea rooms, dining rooms, drive-thru food services, refreshment stands and take-out restaurants
but excludes mobile catering food services;
“education service, major” means a business premises, building or group of buildings used for
assembly for education, training or instruction purposes including but not limited to elementary
and secondary schools, community colleges, universities, technical and vocational schools and
accessory administration offices or maintenance and storage facilities that are required for the
daily operation of the service or facility;
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“education service, minor” means a business premises, building or group of buildings used for
assembly of up to 60 persons for education, training or instruction purposes including but not
limited to elementary and secondary schools, community colleges, universities, technical and
vocational schools and accessory administration offices or maintenance and storage facilities that
are required for the daily operation of the service;
F
“fabric covered structure” means structure consisting of wood framing, tubular metal, or tubular
plastic frame, covered on the roof and a maximum of three sides with fabric, reinforced plastic,
vinyl, or other sheet material;
“family” means one or more persons related by marriage, blood, common law, adoption or foster
parenthood, or not more than five (5) unrelated persons sharing one dwelling unit typical of a
single-family unit or other similar basic social unit;
“farm operation” means a farm operation as defined by the Province under the Farm Practices
Protection (Right to Farm) Act;
“farm products” means commodities or goods that are produced from a farm use;
“farm use” means an occupation or use of land for agricultural purposes, including farming of
land, plants and animals and any other similar activity designated as farm use by Provincial
regulation, and includes a farm operation;
“fence” means an artificially constructed barrier of any material or combination of materials
erected to enclose or screen areas of land;
“floodplain” means an area of land, whether floodproofed or not, which is susceptible to flooding
by a watercourse, lake or other body of water;
“floor area ratio” means the net floor area on all levels of all buildings and structures on a parcel
divided by the parcel area;
“food and beverage processing” means a business premises or building, where produce, meat or
beverages are processed, produced, canned, frozen, packed or stored indoors, and includes the
brewing or distilling of alcoholic beverages or alcoholic products with alcoholic content;
“freeboard” means a vertical distance added to a designated flood level used to establish a flood
construction level;
“funeral services” means a building used for the preparation of the dead for burial but does not
include a crematorium;
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G
“gravel crushing” means screening, sorting, crushing and storing of any earth material,
excluding subsequent manufacturing operations such as asphalt mixing plants;
“gross floor area” means the sum of the horizontal floor areas of each storey of all buildings or
accessory buildings on a parcel, measured to the exterior walls and contained within the exterior
and basement walls and excludes all parking areas;
H
“habitable area” means, for the purpose of the flood construction level provisions of this Bylaw,
any space or room within a building or structure, including a manufactured home or unit and a
modular home or unit, which is used or is capable of being used for human occupancy or
industrial, business or commercial use, or storage of goods, including equipment (and furnaces),
which is susceptible to damage by floodwater;
“height” means, with respect to a building, the maximum vertical distance between base
elevation and the highest point of a non-sloping roof, or the mid-point between the intersection
point of the building wall and roof structure and peak of a sloping roof, excluding dormers;
Figure 4.1 — Illustration of Height Envelope
“highway” includes a street, road, lane, bridge, viaduct or any other way open to public use other
than a private right-of-way on private property;
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“home industry” means an occupation or a commercial use that is accessory to the principal
residential use of the parcel and may include manufacturing, processing, fabricating, assembling,
storing, distributing, testing, servicing, or repairing of goods or materials including vehicle repair,
maintenance and auto body shops, and other similar uses;
Amendment 1380.10 Adopted November 25, 2019
“home occupation” means an occupation or profession that is accessory to the principal
residential use of a parcel and may include home offices; studios; home-based child care centre,
minor and other similar uses;
“hooked parcel” means a parcel of which one portion is physically separated from the other
portion by a highway or another parcel;
“hotel” means a building containing commercial guest accommodation units, and a lobby area
for guest registration and access to the accommodation units and may contain accessory uses
such as a restaurant, licensed drinking facilities, accessory retail store, pool and meeting rooms;
I
“indoor recreation” means a facility within an enclosed building intended for leisure activities
where patrons are predominantly participants or spectators. Typical uses include amusement
arcades, bingo halls, health and fitness centres, athletic facilities and ice rinks, billiard and pool
halls, swimming pools, bowling alleys, theatres and concert or music halls;
K
“kitchen” means a room or area within a dwelling unit that is used or designed to be used for the
storage or preparation of food and the storage or cleaning of cooking or eating utensils, and is
equipped with or designed to be equipped with a refrigerator, electric or gas range or microwave
oven, and sink connected to a supply of water and a drain;
“kennel” means the care of three (3) or more dogs, cats or other domestic animals or pets
whether such animals are kept commercially for board, propagation, training, sale or for personal
and private enjoyment;
L
“lane” means a highway that provides secondary access to a parcel or series of parcels, and is
less than 9.0 metres wide;
M
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“manufacturing” means fabricating, processing, assembling and finishing of goods or materials
not involving the use, processing or production of hazardous wastes, but does not include gravel
crushing;
“manufactured home” means a mobile home or modular home normally built in an enclosed
factory environment in one or more sections, intended to be occupied in a place other than that
of its manufacture, but does not include travel trailers, recreational vehicles, park model
recreational vehicles or campers;
“mobile home” means a manufactured home which is certified as being constructed to the
Canadian Standards Association Z240 Mobile Home Series Standard;
Amendment 1380.16 Adopted April 12, 2021
“mobile vending unit” means a self-contained mobile unit not exceeding 20m2 in ground
coverage, intended to be moved from location to location, for the purpose of selling food or retail
products;
“modular home” means a manufactured home which is certified as being constructed to the
Canadian Standards Association A277 Standard and is designed to be moved once onto a
permanent, full perimeter foundation;
“manufactured home park” means any parcel of land, upon which three or more manufactured
homes or single detached dwellings are located on individual manufactured home sites that are
occupied exclusively for residential purposes on a rental basis. Includes all buildings and
structures used or intended to be used as part of such manufactured home park;
“manufactured home space” means an area of land for the installation of one manufactured
home with permissible additions and situated within a manufactured home park;
“metal storage container” means a purpose-designed metal cargo container for holding of
goods, which is intended to be placed on a ship, truck or railcar;
“minimum parcel size” means the minimum area of a parcel of land that can be created by
subdivision;
“motel” means a building or group of buildings containing units for temporary accommodation,
with each unit having its own exterior access and parking space in close proximity; and may
include an eating and drinking establishment;
N
“natural boundary” means the visible high water mark of a lake, pond, swamp, river, stream or
any other water body or water course where the presence and action of water are so common
and so long continued in all ordinary years as to mark upon the soil of the bed of the water body
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or water course a character distinct from the banks thereof in respect to vegetation and in
respect to the nature of the soil itself;
Amendment 1380.26 Adopted May 24, 2022
“net floor area” means gross floor area, minus the area of:
i) attics, breezeways, porches, garbage or loading rooms, floor area devoted exclusively to
mechanical or electrical equipment, stairwells and elevator shafts, balconies that are unheated and
partially or totally enclosed in clear glazing, unenclosed swimming pools, roof gardens, and similar
appurtenances that are unenclosed by wall and not connected to the heating and ventilation
system;
ii) any storeys or portions of storeys where the height from floor to ceiling is less than 1.8 metres;
and
iii) in residential zones, uninhabitable accessory structures under 15.0m2 in floor area.
“non-motorized recreational equipment sales or rental” means the sale or rental of bicycles,
kayaks, paddleboards, hiking gear and similar recreation equipment;
O
“off-farm products” means farm products that are not grown, reared, raised or produced on the
farm from which they are being sold;
“office” means a business premises or building, designed, intended and used for the provision of
professional, management, administrative, government, consulting, or financial services in an
office setting including but not limited to the offices of: lawyers, accountants, travel agents, real
estate and insurance firms, planners, non-government organizations, clerical agencies, Crown
corporations, municipalities and provincial or federal governments;
“outdoor recreation” means outdoor sports, leisure and entertainment activities, instructional
courses and equipment rentals and may require amenities such as showers and storage, and that
excludes outdoor equestrian;
“outdoor storage” means the storage of equipment, goods, and materials in the open air where
such storage of goods and materials does not involve the erection of permanent structures.
Typical uses include but are not limited to vehicle or heavy equipment storage compounds; and
the sale, rental and storage of metal storage containers.
P
“parcel” means any lot, block or other area in which land is held or into which it is subdivided
whether under the Land Title Act or the Bare Land Strata Regulations under the Strata Property
Act or a legally recorded lease or license of occupation issued by the Province of British Columbia;
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“parcel area” means the total horizontal area within the parcel lines of a parcel;
“parcel coverage” means the total ground level area of all principal and accessory buildings and
structures on a parcel, measured to the outside of the foundations or footings, divided by the
total parcel area and expressed as a percentage but excluding the following:
(i) balconies located above the first storey which are cantilevered from a building without
footings or support extending to the ground;
(ii) uncovered decks and patios that are not more than 0.6 metres above grade; and
(iii) outdoor, uncovered swimming pools;
“parcel line” means the legally defined boundary of any parcel;
“parcel line, exterior side” means any parcel line adjacent to a highway other than a lane, which
is not a front parcel line;
“parcel line, front” means any parcel line common to a parcel and one highway other than a
lane, provided that, where a parcel is contiguous to the intersection of two highways, the front
parcel line is the shortest parcel line contiguous to one of the highways. Where a parcel is
bisected by a highway, both parcel lines abutting the highway are considered to be front parcel
lines;
“parcel line, interior side” means a parcel line adjacent a lane or between two or more parcels
other than the front, rear or exterior side parcel line;
“parcel line, rear” means the boundary of a parcel which lies the most opposite to the front
parcel line and, where the property has only three parcel lines, the rear is the junction of the two
side parcels;
“parcel size” means the area of land within the boundaries of the lot but excludes the panhandle
area;
“parcel width” or “parcel depth” means the average horizontal distance between the side parcel
lines or front and rear parcel lines of any parcel;
“parking space” means an area identified for the parking of one motor vehicle and does not
include aisle space;
“parks” means any publicly-owned, held or beneficially owned outdoor land or facility specifically
designed for passive or active recreation including tot-lots, playgrounds, walkways, trails, band
shells, greenbelts, buffers, nature interpretation areas, or similar land uses, and all natural and
constructed landscaping, facilities, playing fields, buildings and structures consistent with the
general purpose of public park land;
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By Amendment 1380.10 Adopted November 25, 2019
“personal service establishment” means a business premises or building where services intended
for an individual are provided, and where any sale of retail goods is accessory to the provision of
such services, including: hair cutting, beauty services, tanning, tattoo shop, shoe repair, medical
and dental services, chiropractor services, acupuncture, naturopathy, physical therapy, massage
therapy, counseling, tailoring, locksmithing and dry cleaning or laundries, but does not include
Laundromats;
By Amendment 1380.02 Adopted April 23, 2019
“porch” means an unenclosed area with a floor and a roof providing access/egress to the front
or side of a dwelling unit;
“principal use” means the main purpose for which the parcel, building or structure is used;
“principal residence” means a dwelling unit where a person resides for six (6) months of the year or
more;
“processed farm products” means farm products that have been transformed by biological or
other means such as fermentation, cooking, butchering, canning, smoking or drying to increase
their market value and convenience to the consumer, but does not include hot and cold food
items sold for on-site consumption;
“protective and emergency services” means a use which provides emergency services to the
general public and includes, but is not limited to, fire, police and ambulance stations;
R
“recycled materials depot and drop-off center” means a building or parcel used for the
collection, purchase and sale, sorting, processing and temporary storage of recyclable materials
including, but not limited to: cardboard, plastics, paper, metal, bottles and similar household
goods or items returnable for deposit;
“residential” means the occupancy or use of a dwelling unit for the permanent domicile of a
person or persons; or the occasional or seasonal occupancy of a dwelling unit as a dwelling by an
owner who has a permanent domicile elsewhere; or by non-paying guests of such an owner; or
by a tenant in a residential tenancy having a term of at least one month;
“retail establishment, major” means a business premises or building, where goods or
merchandise are provided for sale at retail, and includes the sale of: groceries, bakery goods,
specialty foods, alcoholic beverages, hardware, electronics and appliances, animal and pet care
items, clothing, pharmaceuticals, antiques, collectibles, sporting goods, jewelry, flowers,
magazines, newspapers, musical equipment, pawned goods, consignment items, items for
auction, and personal care items, and the storage of goods and merchandise sold on the
premises;
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“retail establishment, minor” means a business premises or building not exceeding 150.0m2 of
gross floor area, where goods or merchandise are provided for sale at retail, and includes the
sale of groceries, bakery goods, specialty foods, flowers, magazines, newspapers, personal care
items, animal and pet care items, and the storage of goods and merchandise sold on the
premises;
“retail sales of farm and/or off-farm products” means retail activity which is an accessory use to
a farm use and which may include the sale of goods produced on or off that farm as permitted in
a given zone and which includes buildings and structures necessary for the sale and storage;
By Amendment 1380.07 Adopted July 8, 2019
“retaining wall” means a structure or series of interdependent structures greater than 1.2 metres
in height constructed to hold back, stabilize or support an earthen bank. Where the ratio
between multiple retaining walls is less than 2:1 (horizontal to vertical), the walls shall be
considered a single structure for calculating height;
S
“secondary suite” means a self-contained second dwelling unit located within a principal single
detached dwelling accessory to the principal dwelling used or intended to be used as a residence,
with self-contained sleeping, living, cooking and sanitary facilities and direct access to the open
air without passage through any portion of the principal dwelling unit. A secondary suite does
not include a carriage home, duplex housing, semi-detached housing, multiple-dwelling housing
or boarding and rooming housing;
“self-storage” means a self-contained building or group of buildings containing lockers available
for rent for the storage of personal goods or a facility used exclusively to store bulk goods of a
non-hazardous nature;
“service industry establishment, major” means a business premises or building where non-
personal goods and services are provided, limited to: automobile, trucks and truck trailer sales,
rental and repair; auto and truck body repair and painting; tire sales and repair; sales, rental and
repair of heavy equipment and farm implements; custodial services; metalworking, machining
and woodworking; and plumbing and heating sales; storage and repair;
“service industry establishment, minor” means a business premises or building, where non-
personal goods and services are provided, limited to: automobile sales, rental and repair; auto
body repair and painting; tire sales and repair; household cleaning and repair; metal and
woodworking; and plumbing and heating sales; storage and repair;
“service station” means land or a building used for the retail sale of motor vehicle fuels and
lubricants;
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“setback” means the horizontal minimum permitted distance measured at right angles to the
parcel line, between the parcel line and a building or structure, or, in the case of floodplain or
watercourse, measured from the natural boundary, top of bank or other reference identified
elsewhere in this Bylaw;
“setback, front” means the minimum required setback area between the side parcel lines
extending from the front parcel line to the nearest wall or supporting member of a building or
structure;
“setback, rear” means the area between the side parcel lines extending from the rear parcel line
to the nearest wall or supporting member of a building or structure;
“setback, side” means the area of the parcel which extends from the front setback to the rear
setback, between the side parcel line and the nearest wall or supporting member of a building or
structure;
“single detached dwelling” means a detached building used for residential use of one family and
consisting of one dwelling unit and a secondary suite if permitted in the applicable zone. May
include a modular home but does not include a mobile home.
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Figure 4.2 — Illustration of Parcel Types and Setback Locations
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By Amendment 1380.26 Adopted May 24, 2022
“sleeping unit” means a unit of one or two habitable rooms, neither of which is a kitchen, that
are used for accommodation of assisted living or congregate care residents;
“storey” means the habitable volume between the floors of a building or between its floor and
roof;
“storey, first” means the uppermost storey having its floor level not more than 1.2 metres above
building grade;
“structure” means anything that is constructed or erected, supported by or sunk in-to land or
water, and includes swimming pools and manufactured home spaces, but specifically excludes
retaining walls under 1.2 metres in height, fences under 2.4m in height, landscaping, paving
improvements and signs unless otherwise noted in this bylaw;
T
“townhouse” means a building not more than three storeys high divided into three or more
dwelling units located side by side under one roof with private entrances to each dwelling from
the exterior of the building and with each dwelling sharing common walls or party walls;
U
“utility service” means buildings and facilities intended for the local transmission of water or
sewage or underground facilities for the local transmission of natural gas, electricity, telephone
signal, television signal and internet signal, but does not include above ground
telecommunication facilities, electricity transmission towers or buildings and facilities and oil or
gas storage tanks;
V
“vacation rental” means the use of a dwelling unit for the temporary accommodation of paying
guests for a period of less than one month. This does not include a bed and breakfast operation;
“veterinary clinic” means a use conducted for the care, treatment, or hospitalization of animals,
birds and fish and may include grooming facilities and sales of accessory supplies, but does not
include the keeping or boarding of animals not under the care, treatment or hospitalisation;
W
“watercourse” includes any of the following: a watercourse, whether it usually contains water or
not; a pond, lake, river, creek or brook, and; a ditch, spring or wetland that is connected by
surface flow to a watercourse; and
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“wind machine” means a fixed, engine-driven fan used to reduce the effect of temperature
inversions on agricultural crops.
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5.0 CREATION OF ZONES
5.1 Zoning Districts
For the purposes of this bylaw, the Town of Oliver is hereby divided into zoning districts
with the following designations and their abbreviations.
The headings below create categories of zones and represent all the zones under that
heading.
Zoning Title Abbreviation
LOW DENSITY RESIDENTIAL ZONES
Residential Low Density One RS1
Residential Low Density Two RS2
Residential Low Density (Strata) Three RS3
Residential Low Density Four RS4
Residential Low Density Duplex RD1
Residential Manufactured Home Park RSM
MEDIUM DENSITY RESIDENTIAL ZONES
Residential Medium Density One RM1
Residential Medium Density Two RM2
HIGH DENSITY RESIDENTIAL ZONES
Residential High Density One RH1
Residential High Density Two RH2
TOWN CENTRE ZONES
Town Centre TC
COMMERCIAL ZONES
Neighbourhood Commercial C1
Highway Commercial C2
General Commercial C3
Service Commercial One CS1
Service Commercial Two CS2
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TOURIST COMMERCIAL ZONES
Tourist Commercial One CT1
Resort Commercial RC
INDUSTRIAL ZONES
General Industrial M1
Airport AP
RURAL ZONES
Agriculture AG
Agriculture Transition AGX
ADMINISTRATIVE, INSTITUTIONAL AND CULTURAL ZONES
Administrative, Institutional and Cultural AI
Residential Assisted Living RAL
PARKS, RECREATIONAL AND OPEN SPACE ZONES
Parks, Recreation and Open Space PR
COMPREHENSIVE DEVELOPMENT ZONES
Comprehensive Development One CD1
5.2 Definition of Zones
.1 The area of each zone is defined by Schedule ‘B’.
.2 Where a zone boundary is shown on Schedule ‘B’ as following a road allowance or
a watercourse, the centreline of the road allowance or watercourse shall be the
zone boundary.
5.3 Interpretation
Except as expressly provided in this Bylaw, all headings, italicized clauses and other
references forming part of this Bylaw are inserted for convenience and reference only.
5.4 Permitted Uses
In respect of each zone created under Section 5.1 of this Bylaw:
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.1 the only uses permitted are those listed in respect of each zone under the heading
“Permitted Uses” in Section 10.0 to 20.0 of this Bylaw;
.2 uses not listed in respect of a particular zone are prohibited;
.3 the headings in respect of each zone are part of this Bylaw;
5.5 Conditions of Use
On a particular site in a specified zone created under this Bylaw, the maximum
permitted site coverage, height and density and the minimum required setbacks are
set out in respect of each specified zone in the provisions found in Sections 10.0 to 20.0
of this Bylaw.
5.6 Establishing Residential Density
In zones where a maximum number of residential units per hectare is permitted, the
density shall be determined as follows:
(permitted density ÷ 10,000) x parcel area = permitted number of units
The calculation of this product shall not include carriage houses and secondary suites,
roads, right of ways, or parks, and the final value shall be rounded down to the nearest
whole number of units.
5.7 Parcels Divided by Zone Boundary:
Where a parcel is included in more than one zone, the zone boundary as shown on the
map accompanying and forming part of this Bylaw shall be deemed to be a parcel
boundary for the purposes of determining applicable uses, parcel size, densities and/or
regulations other than building setbacks contained in this Bylaw.
5.8 Comprehensive Development Zones:
A Comprehensive Development (CD) Zone shall only be created where a proposed
development is of a scale, character, or complexity requiring comprehensive planning
and implementation that, in the opinion of Council, is of a unique form or nature not
contemplated or reasonably regulated by another zone.
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.26 Adopted May 24, 2022
6.0 GENERAL REGULATIONS
6.1 Applicability
Except as otherwise specified in this Bylaw, Sections 6.2 to 9.3 apply to all zones
established under this Bylaw.
6.2 Uses Permitted in Every Zone
The following uses are permitted in every zone, subject to the Agricultural Land
Commission Act, and are not subject to the minimum parcel area of any zone:
.1 Government controlled, held or sanctioned parks, playfields and playgrounds
open to the public,
.2 utility services,
.3 roads and lanes,
.4 conservation areas,
.5 fire halls, police stations, ambulance service uses, and similar emergency services,
.6 facilities permitted by provincial enactment for:
a) day care for no more than eight (8) persons in care, or
b) residence for no more than ten (10) persons, not more than six (6) of whom
are persons in care,
.7 Provincial, municipal, and regional improvement district works for flood control.
6.3 Prohibited Uses of Land, Buildings and Structures
.1 Any residential, commercial or industrial use located within a tent, trailer, motor
home or recreational vehicle is prohibited, except for the following:
a) temporary uses associated with a permitted campground.
b) temporary accommodation on Town Property for forest fire workers.
c) in residential zones:
i) residential uses within a motor home or recreational vehicle during the
active permitted construction or alteration of a dwelling, for a period of
up to six (6) months, provided that a temporary RV permit is issued;
ii) temporary accommodation within a motor home or recreational vehicle
for a maximum period of seven consecutive (7) days and a maximum total
of fourteen (14) days annually.
.2 The use of a mobile home as a residence is prohibited in all zones, except the AG
and RSM Zones
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.26 Adopted May 24, 2022
.3 The operation of an asphalt mixing plant is prohibited in all zones.
.4 The wrecking, salvage or storage of more than two derelict vehicles or the use of
land as an automobile recycling operation is prohibited in all zones except the M1
Zone.
.5 The bulk storage of liquid chlorine, explosives within the meaning of the Explosives
Act (Canada), flammable liquids, substances capable of spontaneous combustion,
substances that in contact with water emit flammable gasses, oxidizing
substances, organic peroxides, chlorates, peroxides, chlorates, nitrates,
radioactive materials and substances described within the meaning of the Nuclear
Safety and Control Act (Canada) and corrosives are prohibited in all zones.
.6 The retail sale of cannabis is prohibited in all zones, except for the TC and C2 Zone.
.7 Mobile vending units, subject to compliance with all Town regulations and bylaws,
shall be permitted on all Town owned lands. Mobile vending units are permitted
on privately owned land in commercial zones only.
6.4 Projections into Required Setbacks
No part of a building shall project into a setback required by this Bylaw except the following:
Table 6.4.1 Permitted Projections into Required Setbacks
Feature Maximum Projection
Eaves, eave-troughs and gutters - 0.6m interior side parcel line
- 1.5m front/exterior parcel line
- 3.0m rear parcel line (0.6m for carriage homes)
Canopies and awnings - 0.6m interior side parcel line
- 1.5m front/exterior parcel line
- 3.0m rear parcel line (0.6m for carriage homes)
Fire escapes, open stairways, landings, steps,
ramps and patios
If more than 0.6 m from grade:
- not permitted within interior side parcel line setback
- 1.5m front/exterior parcel line
- 3.0m rear parcel line (1.5m for carriage homes)
If less than 0.6 m from grade then not subject to regulations.
Wheelchair ramps are permitted in any setback
Covered or uncovered balcony, porch, deck,
platform and veranda
- not permitted within interior side parcel line setback
- 1.5m front/exterior parcel line
- 3.0m rear yard (not permitted for carriage homes)
Any cantilevered, architectural projection that
constitutes less than 25% of the wall face to
which the projection is attached.
- 0.6m in any setback
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Figure 6.4 - Side setback projection limits
Town of Oliver | Zoning Bylaw 1380
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.26 Adopted May 24, 2022
6.5 Height Exceptions
No features shall extend beyond a height limit required by this Bylaw except the
following minor projections on buildings and structures:
.1 Chimneys may project up to 1.0 metre above the roof line.
.2 In all zones other than Residential zones, spires or similar structures that occupy
not more than 1.0% of the building footprint area may project to a height that is
50.0% more than the specified height limit.
.3 Antennae designed and used to receive radio and television signals and their
supporting structures are exempt from height restrictions provided that Industry
Canada guidelines for antenna systems are followed.
.4 Mechanical appurtenances such as heating and cooling units, screened from view
from a street, constituting not more than 10.0% of the total roof area of a building
may project up to 1.0 metre above the parapet of a flat roof.
.5 Wind machines in the AG Zone shall not be subject to height limits.
.6 Photovoltaic panels, solar hot water panels and micro wind turbines may project
up to 2.0 metres above the peak of a gable or sloped roof, or up to 2.8 metres
above the parapet of a flat roof on which they are mounted.
6.6 Fence and Retaining Wall Heights
.1 The height of a fence shall be determined by a measurement from the average
grade level within 1.0 metre of both sides of the fence.
.2 No fence shall exceed 1.2 metres in height within the front setback, or 1.8 metres
outside of the front setback except:
a) in the AG and AGX zones all fences may be up to 1.8 metres in height, except
that deer fences shall not be limited in height, provided such fences are
constructed of material that permits visibility, such as wire mesh;
b) in the CS2 and M1 zones all fences may be up to 2.4 metres in height.
.3 Barbed wire and electric fencing is prohibited in all zones except for A, AGX,
M1 and AP. Razor wire is prohibited in all zones.
.4 Retaining walls that are located within any required setback must not exceed a
height of 1.2m.
.5 Retaining walls that are located outside of any required setback must not
exceed a height of 3.0m.
.6 Multiple parallel retaining walls must be spaced to provide at least 1.2m
horizontal separation between them, as shown in Figure 6.6.1.
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By Amendment 1380.16 Adopted April 12, 2021
.7 In the case where a fence is built on top of a retaining wall, the height of the fence
and the height of the retaining wall shall be measured separately according to their
respective regulations, as shown in Figure 6.6.1.
.8 On a corner site contiguous to a highway intersection, no fence, hedge, planting, tree,
sign or other structure located within the area at or within a distance of 4.5m from
the corner of the site at the intersection of the streets, as shown in Figure 6.6.2, is
permitted at a greater height than 1.0m above the established elevation of the centre
point of the intersection.
6.7 Secondary Suites
The following regulations apply to secondary suites where permitted as a use in this
Bylaw:
.1 A secondary suite shall be located in a principal single detached dwelling only.
.2 No more than one (1) secondary suite is permitted per principal single detached
dwelling.
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.26 Adopted May 24, 2022
.3 The maximum floor area of a secondary suite shall not exceed 50% of the gross
floor area of the single detached dwelling.
.4 A secondary suite shall not be sited or located on a separate titled parcel from the
principal residence or be created as a strata lot within the single detached
dwelling.
6.8 Carriage Homes
The following regulations apply to carriage homes where permitted as a use in this
Bylaw:
.1 The maximum gross floor area of a carriage home shall not exceed 90.0 m2.
.2 The maximum height of a carriage home shall be 6.5m.
.3 The setbacks for a carriage home shall meet the setback provisions for a principal
building or structure in that zone in which the subject property is located, except
in the case of a rear parcel line setback which shall be 3.0m in all zones.
.4 In the case of a pre-existing, legally constructed accessory building being
converted into a carriage home, the setbacks shall be the existing setbacks. Any
additions or alterations to the building shall comply with the required setbacks in
the zone.
6.9 Accessory Buildings and Structures
.1 All buildings or structures attached to a principal building are deemed to be a
portion of the principal building if at least one of the following conditions are
satisfied:
a) the new building or structure and the existing structure share one common
wall, where the common wall constitutes at least 25% of the vertical and
adjacent plane; or
b) the two structures are attached by a breezeway which is not less than 3.0
metres in width, and not more than 6.0 metres in length, and of which the
roofing materials or the pitch are consistent with those of the principal
building.
.2 No more than one breezeway shall be permitted on any parcel of land.
.3 No accessory building or structure shall be situated on a parcel unless the principal
building to which the accessory building or structure is incidental has been erected
or will be erected simultaneously with the accessory building or structure on the
same parcel. Notwithstanding, a maximum of one (1) accessory building or
structure is permitted provided it does not exceed 10.0 m² in area and does not
exceed one (1) storey in height.
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By Amendment 1380.26 Adopted May 24, 2022
By Amendment 1380.26 Adopted May 24, 2022
By Amendment 1380.26 Adopted May 24, 2022
.4 In residential zones only, accessory buildings and structures, and carriage homes
shall not collectively or individually occupy in excess of 90.0m2 of parcel coverage
on any parcel.
.5 The following are permitted anywhere on a parcel:
a) Trellis and pergolas;
b) Children’s play equipment; and
c) Fences and retaining walls (subject to section 6.6)
.6 A fabric covered structure is considered to be an accessory building or structure in
the RS1, RS2, RS3, RS4, RD1 and RSM Zones, and the maximum number of fabric
covered structures on a parcel shall not exceed one (1).
.7 Notwithstanding any minimum setback required by this bylaw, any accessory building
or structure that does not exceed 10.0m2 in area may be erected anywhere on a lot,
provided that it is not situated within the front setback.
6.10 Home Occupations
By Amendment 1380.04 Adopted May 13, 2019
The following regulations apply to home occupation uses where permitted as a use in
this Bylaw:
1. A home occupation shall not occupy more than 40% of the floor area of a principal
dwelling unit or accessory building or structure to a maximum of 90.0 m2.
2. A home occupation shall be carried out within the principal dwelling unit, or in an
accessory building or structure where permitted in the particular zone, with no
external storage of materials, containers or finished products.
3. No retail sales shall be permitted in a home occupation, except for:
a) goods produced or made on the premises;
b) telephone, internet, mail order sales or sales where the customer does not
enter the premises;
c) direct distributors where customers do not enter the premises; and
d) sale of products directly related to the home occupation.
4. A home occupation shall not employ more than one (1) person who is not a
resident of the dwelling unit within or from which the home occupation is
operated.
5. No more than three (3) clients or customers shall visit the site within or from which
a home occupation is being operated at any one time, except the operation of a
child care centre, minor where not more than eight (8) preschool children and/or
school-aged children shall be accommodated.
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6. A home occupation shall not generate traffic congestion or parking demand within
the immediate vicinity and shall not produce a public offence or nuisance of any
kind.
7. A home occupation shall not involve:
a) Salvage, storage, repair, maintenance or sales of motor vehicles, trailers,
boats or related engines, equipment or parts; and
b) Tow-truck operations, manufacturing and industrial uses, social escort
services, cabinet making, welding or machine shops, meat cutting,
commercial animal breeding or parking or storage of industrial, commercial,
or construction equipment or materials.
c) cannabis production;
8. no more than one (1) home occupation is permitted per parcel
6.11 Home Industries
The following regulations apply to home industry uses where permitted as a use in this
Bylaw:
.1 No home industry shall be permitted on a parcel less than 2.0 hectares in size.
.2 A home industry shall be carried on in the principal dwelling unit or within an
accessory building or structure.
.3 A home industry shall not occupy more than 50% of the floor area of the principal
dwelling unit. The gross floor area utilized for a home industry, including storage
of materials, commodities or finished products associated with the home industry
shall not exceed 200 m2.
.4 No retail sales of products other than the sale of goods produced, grown or
assembled on the parcel shall be permitted.
.5 Only persons residing in the principal dwelling unit may carry on the home industry
located on the parcel, and up to two (2) non-resident employees may be on the
parcel.
.6 A home industry shall not be located on a parcel unless a principal dwelling unit
already exists or is being constructed simultaneously, on the same parcel.
.7 No nuisance from noise, vibration, smoke, dust, odours, heat, glare, disturbance
shall be produced by the home industry and, at all times, the privacy and
enjoyment of adjacent dwellings shall be preserved and the home industry shall
not adversely affect the character of the area.
By Amendment 1380.10 Adopted November 25, 2019
Town of Oliver | Zoning Bylaw 1380
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By Amendment 1380.10 Adopted November 25, 2019
.8 A home industry shall not generate any pedestrian or vehicular traffic or parking
in excess of that which is generally characteristic of the area within which it is
located.
.9 A home industry shall not involve:
a) wrecking, salvage or storage of derelict vehicles and equipment;
b) salvage or storage of used building or domestic products and similar discarded
materials;
c) manufacture of concrete products;
d) bulk fuel or chemical storage or refining depots;
e) animal or agriculture products processing, including cannabis production
f) the production of animal feeds.
6.12 Bed and Breakfast Operation
A bed and breakfast operation is permitted where listed as a permitted use, provided
that:
.1 it is located within a principal dwelling unit;
.2 no more than eight (8) patrons shall be accommodated within the dwelling unit;
.3 no more than four (4) bedrooms shall be used for the bed and breakfast operation;
.4 no cooking facilities shall be provided for within the bedrooms intended for the
bed and breakfast operation;
.5 only persons residing in the principal dwelling unit may carry on the bed and
breakfast operation on the parcel occupied by the principal dwelling unit, and
must be present on the property during a patron’s stay; and
.6 the bed and breakfast operation shall not generate traffic congestion or produce
a public offence or nuisance of any kind.
.7 a bed and breakfast operation shall not be permitted on the same parcel as a
vacation rental;
.8 the holder of a bed and breakfast operation licence shall keep a written record of
the names of all tenants;
.9 a bed and breakfast operation shall only be operated by a person who has a
principal residence on the parcel in question;
By Amendment 1380.04 Adopted May 13, 2019
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By Amendment 1380.10 Adopted November 25, 2019
6.13 Vacation Rentals
A vacation rental is permitted where listed as a permitted use, subject to the following
regulations.
1. a vacation rental shall not be operated without a valid business licence issued by the
Town of Oliver, which shall be displayed in a prominent location on the parcel in
question.
2. In a Low Density Residential or Rural zone, the following provisions for a vacation
rental shall apply:
a) a vacation rental shall only be permitted within a single detached dwelling,
legal secondary suite, carriage home or duplex unit.
b) a vacation rental shall only be operated by the owner of the parcel in
question.
c) a vacation rental shall only be operated by a person who has a principal
residence on the parcel in question.
d) a maximum of one (1) vacation rental is permitted per parcel.
e) in the case of a duplex, only one (1) dwelling unit shall be permitted to be
used as a vacation rental.
f) a vacation rental shall not be permitted on the same parcel as a bed and
breakfast operation.
g) a maximum of two (2) adults and two (2) children per bedroom are permitted
per vacation rental.
h) the holder of a vacation rental licence shall keep a written record of the
names of all vacation rental tenants.
6.14 Garage Sales
.1 On any parcel, regardless of zoning, garage sales are not permitted on more than
four (4) days in any one (1) calendar year.
6.15 Provisions
.1 Where “retail sales of farm and off-farm products” is permitted in a zone, farm
products, processed farm products, and off-farm products may be sold to the
public subject to the following regulations:
a) the area used for retail sales of off-farm products shall not exceed ½ of the
total area used for all retail sales on the parcel;
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b) where off-farm products are offered for sale, farm products and/or processed
farm products shall also be offered for sale; and
c) the retail sales area for farm products and off-farm products shall not exceed
300 m2.
.2 For the purpose of calculating the area used for retail sales in a building or
structure, the following shall be included:
a) aisles and other areas of circulation;
b) shelf and display space;
c) counter space for packaging and taking payment; and
d) any area used for the service and consumption of hot and cold food items,
but any office area, wholesale storage area, processing facility or parking area or
driveway, whether used for retail sale or not, shall not be included.
6.16 Metal Storage Containers
.1 A metal storage container is permitted in the M1 Zone provided that:
a) metal storage containers may only be stacked to a maximum of two (2)
containers and subject to the prior issuance of a building permit; and
b) metal storage containers shall be sited in accordance with the regulations
for the siting of accessory buildings or structures.
.2 Metal storage containers are prohibited in every other zone, except that one (1)
metal storage container may be used for temporary storage during active
construction only provided that a valid building permit has been issued authorizing
the construction in relation to which the storage container is used.
6.17 Agri-Tourism Accommodation
The following regulations apply to agri-tourism accommodation where permitted as a
use in this Bylaw:
1. Agri-tourism accommodation is permitted only on a parcel if all or part of the
parcel is classified as a “farm” under the Assessment Act.
2. Agri-tourism accommodation shall be for short term use by a person up to a
maximum stay of 30 consecutive days with 30 days in between any subsequent
stay.
3. The number of agri-tourism accommodation sleeping units permitted per parcel
shall be as follows:
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4.
PARCEL AREA MAXIMUM NUMBER AGRI-TOURISM
ACCOMMODATION SLEEPING UNITS
Less than 1.0 ha 0
1.0 ha to 5.0 ha 5
Greater than 5.0 ha 10
5. All agri-tourism accommodation sleeping units shall be contained in a single
building or structure.
6. No agri-tourism accommodation sleeping unit shall have an area of greater than
30.0 m2. A washroom is not included as part of the area of the agri-tourism
accommodation sleeping unit.
7. No cooking facilities shall be provided for within individual agri-tourism
accommodation sleeping units.
8. One (1) parking space per agri-tourism accommodation sleeping unit is required
in addition to parking required for the principal single detached dwelling.
7.0 FLOODPLAIN REGULATIONS
7.1 Floodplain Designation and Flood Construction Level
.1 The following land is designated as a floodplain:
a) the area shown as the 200 year floodplain for the Okanagan River and the
Okanagan River Channel on the provincial floodplain maps attached as
Schedule ‘C’ to this Bylaw;
b) any land that is less than 1.5 metres above the natural boundary of any other
watercourse.
.2 The flood construction level for land designated as a floodplain in section 7.1.1 is:
a) Equal to the “Flood Level” elevation points noted within solid rectangles on
the provincial floodplain map attached as Schedule ‘C’ to this Bylaw, to be
determined by linear interpolation for any property located between two
such elevation points;
b) At elevation 299.5 metres above sea level, Geodetic Survey of Canada (GSC)
datum on lands within the floodplain surrounding Tuc-el-nuit Lake; and
c) At an elevation that is 1.5 metres above the elevation of the natural boundary
of any other water course, lake, swamp or pond.
7.2 Siting Buildings and Structures in Floodplains
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Despite any other provisions of this Bylaw, no building or structure shall be located
within:
.1 7.5 metres of the natural boundary of a lake, swamp or pond;
.2 7.5 metres of the Okanagan River Channel Flood Control right-of-way or the toe of
the dyke confining the channel; and
.3 15.0 metres of the natural boundary of any other watercourse.
7.3 Floodplain Management Regulations
.1 No person shall place any structural support for a habitable area or fill required to
support a habitable area on land within a floodplain setback area under Section
7.2;
.2 Despite Section 7.2, non-habitable buildings up to 10.0 m2 in floor area that are
constructed with no fixed foundation may be developed within a floodplain.
.3 No person shall construct, reconstruct, move or extend a floor system or pad
which supports a habitable area, such that the underside of the wooden floor
system or the top of the pad or the ground surface on which it is located, is lower
than the flood construction levels specified in Section 7.1 except as provided in
Sections 7.3.4 and 7.3.5;
.4 Despite Section 7.3.2, the following floodplain management regulations apply:
a) Buildings or structures shall be located with the underside of the floor system
of any area used for habitation, business or storage of goods damageable by
flood waters, or in the case of a manufactured home the top of the pad or the
ground surface on which it is located, no lower than the flood construction
levels specified in Section 7.1.
.5 The floodplain management regulations specified in Section 7.3 may be achieved
by structural elevation of the habitable area, or by placing adequately compacted
fill on which any habitable area is to be constructed or located, or by a
combination of both structural elevation and fill.
.6 Where fill is used to meet the floodplain management regulations specified in
Sections 7.3.3 and 7.3.4, the face of the fill slope must be adequately protected
against erosion from flood flows, wave action, ice and other debris hazards.
.7 The following developments and uses are excluded from the requirements of the
floodplain management regulations specified in Sections 7.3.3 and 7.3.4:
a) renovations, except structural, to existing buildings or structures that do not
involve additions thereto;
b) that portion of a building or structure to be used as a carport, garage or
underground parking area;
c) farm buildings other than dwelling units and closed-sided livestock housing;
Town of Oliver | Zoning Bylaw 1380
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d) closed-sided livestock housing behind standard dykes;
e) unenclosed decks and balconies that do not have supports located within the
floodplain; and
f) lands zoned General Industrial (M1).
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Town of Oliver | Zoning Bylaw 1380
Page | 46
By Amendment 1380.07 Adopted July 8, 2019
By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
8.0 VEHICLE PARKING AND LOADING REGULATIONS
8.1 Basic Provisions
a) For properties having or proposing direct access to Highway 97, vehicle parking
and loading spaces will be required in accordance with the Ministry of
Transportation and Infrastructure standards, should the Ministry standards be
higher.
b) Space for the off-street parking and loading of motor vehicles in respect of a class
of a building or use under this Bylaw must be provided and maintained in
accordance with the regulations of this Section.
8.2 Calculation of Off-Street Vehicle Parking and Loading Spaces
a) The number of off-street parking and loading spaces for motor vehicles required
for any use or class of building is calculated according to Table 8.2.1, 8.2.2, 8.2.3
and 8.2.4 of this Bylaw.
b) In reference to a building or use permitted under this Bylaw which is not
specifically referred to in Table 8.2.1, 8.2.2, 8.2.3 and 8.2.4, the number of off-
street parking and loading spaces is calculated on the basis of the requirements
for a similar class of building or use that is listed in Table 8.2.1, 8.2.2, 8.2.3 and
8.2.4.
c) Where the calculation required of the number of parking spaces yields a fractional
number, the required number of spaces shall be rounded to the nearest whole
number.
d) Where more than one building or use is located on a parcel, the required number
of off-street parking and loading spaces shall be the sum of the requirements for
each building or use, unless otherwise expressly provided for in this Bylaw.
e) Where more than one standard may apply to a use, the standard requiring the
greatest number of parking spaces shall be used.
Table 8.2.1: Required Off-Street Vehicle Parking Spaces
USE REQUIRED NUMBER OF SPACES
RESIDENTIAL
Single Detached Dwelling, Duplex 2 per dwelling unit
Carriage Home, Secondary Suite 1 per dwelling unit
Apartment Building, Townhouse 3 bedrooms or more: 2 per dwelling
unit
Town of Oliver | Zoning Bylaw 1380
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USE REQUIRED NUMBER OF SPACES
Studio suite, 1 or 2 bedrooms: 1 per
dwelling unit
Dwelling unit in commercial building 1 per dwelling unit
Bed and Breakfast
Operation
0.5 spaces per bedroom
Home Occupation 1 per home occupation
Residential-Tourist Accommodation Units 1 per residential-tourist
accommodation unit
COMMERCIAL
Motel 1 per motel unit
Hotel
1 per 1 hotel rooms
1 per 4 seats for dining and lounge
facilities
Golf Driving Range 1 per tee box
Golf Course 2.5 per hole
Eating and drinking establishment 1 per 4 seats
Retail establishment 1 per 30.0m2 gross floor area
Office 1 per 30.0m2 gross floor area
Personal Service Establishment 1 per 30.0m2 gross floor area
Shopping Centre 1 per 17.5m2 gross leasable area
Service Stations 1 per 50.0m2 gross floor area
Service Industry Establishment 1 per 50.0m2 gross floor area; or
3 per service bay, whichever is larger
other commercial uses 1 per 50.0 m2 of gross floor area
INDUSTRIAL
Warehouse, Storage or Wholesale Buildings 1 per 100.0m2 gross floor area
Manufacturing 1 per 100.0m2 gross floor area
other industrial uses 0.5 per employee; and
1 per 200.0 m2 of gross floor area
RURAL
agri-tourism 4 per business
By Amendment 1380.10 Adopted November 25, 2019
Town of Oliver | Zoning Bylaw 1380
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By Amendment 1380.16 Adopted April 12, 2021
USE REQUIRED NUMBER OF SPACES
agri-tourism accommodation 1 per accommodation unit
packing, processing and storage of farm and off-
farm products
1 per 200.0 m2 of gross floor area
retail sales of farm and off-farm products 1 per 30.0 m2 of gross floor area
ADMINISTRATIVE & INSTITUTIONAL
Assisted Living Housing 1 per 3 beds
cultural facility (i.e. library, museum, etc) 1 per 40.0 m2 of gross floor area
educational service
elementary school: 2 per classroom
middle school: 2 per classroom
secondary school: 3 per classroom
hospital 1 per 4 beds
Assembly uses, Funeral Homes, Theatres and
Lodges
1 per 20.0 m2 of assembly area; or
1 per 5 seats, whichever is greater
Buildings for recreation use 1 per 30.0m2 gross floor area
other administrative and institutional uses 1 per 30.0 m2 of gross floor area
Table 8.2.2: Required Off-Street Loading Spaces
USE REQUIRED NUMBER OF SPACES
RESIDENTIAL
Town Centre & General Commercial Zones N/A
All Other Zones Less than 20 dwelling units – 0 spaces
20 dwelling units or more – 1 space
COMMERCIAL, INDUSTRIAL, ADMINISTRATIVE & INSTITUTIONAL
Town Centre & General Commercial Zones N/A
All Other Zones 1 space
Table 8.2.3: Required Off-Street Visitor Parking Spaces
USE REQUIRED NUMBER OF SPACES
Apartment Building and Townhouse 0.2 per dwelling unit
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By Amendment 1380.26 Adopted May 24, 2022
Table 8.2.4: Required Off-Street Parking Spaces for Persons with Disabilities
REQUIRED NUMBER OF SPACES REQUIRED NUMBER OF SPACES FOR
PERSONS WITH DISABILITIES
1-9 0
10-49 1
50-99 2
100-199 3
over 200 3 space plus one space per
100 required, or portion thereof
8.3 Location of Off-Street Vehicle Parking and Loading Spaces
a) Off-street parking and loading spaces shall be located on the same parcel as the
building or use they serve, except:
i) in the Town Centre (TC) Zone, required parking spaces may be located on a
separate parcel (the “parking parcel”) provided that:
.1 the parking parcel is situated within 150.0 metres of the building or use
requiring the parking;
.2 a covenant under s.219 of the Land Title Act is registered against the title
of the parking parcel, in favour of the Town, to ensure that the parking
area is used only for parking spaces for the building or use requiring the
parking; and
.3 an easement is registered against the title of the parking parcel in favour
of the owner of the parcel on which the building requiring the parking is
located, ensuring that the parking area is available for parking.
8.4 Off-Street Vehicle Parking Exemptions
a) Notwithstanding any other provision found in Section 8.0 of this bylaw, for
development on a parcel zoned Town Centre (TC) or General Commercial (C3), the
minimum number of required off-street vehicle parking spaces for commercial
uses shall be reduced by 50%.
b) In addition to sub-section (a), for development on a parcel situated within the area
shown outlined by a dashed bold line on Figure 8.4, the minimum number of
required off-street vehicle parking spaces for commercial uses shall be reduced by
a total of 100%.
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Figure 8.4 – Historic Downtown Parking Area
c) In any Residential zone, no vehicle or equipment exceeding a gross weight of
4,500kg, except a recreational vehicle owned by an occupant of the property, may
be store or parked on the property unenclosed.
d) Notwithstanding Table 8.2.1, the minimum number of vehicular parking spaces
required for any development may be reduced by a maximum of one (1) parking
space when ten (10) bicycle parking spaces are provided under Section 8.10.
8.5 Payment In Lieu of Off-Street Vehicle Parking Spaces
a) Where a property is developed within the Town Centre (TC) Zone, a partial or total
reduction of on-site parking requirements is permitted if the owner pays
$8,000.00 per parking space required but not provided into the Town's collective
parking fund.
b) Where a change of use occurs within the TC Zone such that Table 8.2.1 requires
additional parking spaces to those already provided, a partial or total reduction of
on-site parking requirements is permitted if the owner pays $8,000.00 per parking
space required but not provided into the Town's collective parking fund.
c) Payment in Lieu of parking is payable at the time when a Building Permit is issued
for the building or structure that is being put to the use that requires the parking
space specified at Table 8.2.1, or where no Building Permit is required, the use that
requires the parking space specified at Table 8.2.1 is granted a business licence.
8.6 Design Standards for Off-Street Vehicle Parking and Loading Areas
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By Amendment 1380.07 Adopted July 8, 2019
.1 Vehicle Parking Space Standards
a) Off-street automobile parking and loading spaces shall be surfaced so that all
precipitation events are infiltrated into the underlying soil. Surfacing may
include porous pavement, pervious unit paver systems, or unit grass pave
systems. Impervious asphaltic concrete or cement pavement may be used
only if combined with infiltration infrastructure that sufficiently offsets
impervious areas so as to result in no net runoff from the site. The thickness
and design of the paving surface must be determined by a professional
engineer or professional landscape architect.
b) All off-street automobile parking areas containing three (3) or more spaces in
all zones except RS1, RS2, TC, CS2, M1, AG and AGX shall provide a 1.0 metre
wide landscaping strip containing grass, shrubs or trees around those portions
of the perimeter of the parking area adjacent to streets other than lanes
excluding the access and exit points.
c) Except for parking areas having three (3) spaces or less located in a Residential
zone, all parking spaces must be provided with adequate curbs to retain
vehicles within such permitted parking areas, and to ensure that required
fences, walls, hedges or landscaped areas, as well as any buildings and
sidewalks will be protected from encroachment by parked vehicles.
d) Deleted.
.2 Vehicle Parking Space Dimensions
a) In any parking area, each off-street parking space must be developed
according to the dimensions in Table 8.6.2 outlined below:
Figure 8.6.2 – Parking Dimension Factors
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Table 8.6.2 – Minimum Parking Space and Aisle Dimensions
Angle
(A)
Stall
Width (B)
Curb
Length (C)
Aisle Width
One-Way
(D)
Aisle Width
Two-Way (D)
Stall
Depth (E)
0° 2.4m 6.6m 3.7m 6.1m 2.4m
30° 2.6m 5.2m 3.7m 6.1m 5.1m
45° 2.6m 3.7m 3.7m 6.1m 5.8m
60° 2.6m 3.0m 5.0m 6.1m 6.1m
90° 2.6m 2.6m 6.6m 6.6m 5.5m
b) Where one or both sides of a parking space abut a wall or other barrier more
than 0.15 metres high, an additional 0.3 metres width shall be provided to
each abutting parking space on the side(s) adjacent to such a barrier to allow
easier opening of car doors.
c) Despite Section 8.6.2(a), the minimum required off-street parking space
dimensions in Table 8.6.2 may be reduced for up to 20% of the parking spaces
to 2.4 metres wide and 5.0 metres long to accommodate small cars, provided
that the spaces are clearly identified, grouped and signed for small car use
only.
d) Where angle parking stalls are designed pointing parked cars into a
landscaped area, up to 0.4 metres of vehicle overhang into the landscaped
area may be incorporated into the layout design provided the curb protecting
the landscaped area is not more than 0.15 metres high, and parking space
lengths may be reduced accordingly.
.3 Vehicle Loading Space Dimensions
a) Truck loading spaces shall be of adequate size and accessibility to
accommodate the vehicles expected to load and unload, but in no case shall
a loading space be:
i) less than 3.0 metres in width;
ii) Less than 9.0 meters in length; or
iii) have less than 4.0 metres in overhead clearance.
b) Access to any loading area shall be provided on-site or from a lane abutting
the parcel, and arranged such that no backing or turning movement of
vehicles going to or from the parcel causes interference with traffic on the
abutting highways. This only applies to any new construction and/or re-
development of a site.
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By Amendment 1380.07 Adopted July 8, 2019
.4 Vehicle Parking Spaces for Persons with Disabilities
a) Automobile parking spaces for persons with disabilities shall be:
i) Designated as parking space for persons with disabilities using
appropriate signage.
ii) Included in the calculation of the applicable minimum parking
requirement.
iii) A minimum of 3.7 metres in width and have a depth of no less than 6.0
metres perpendicular to the aisle.
iv) the portion of the required parking spaces to be provided for persons with
disabilities shall be calculated in accordance with Table 8.2.4 of this
bylaw.
8.7 Shared Off-Street Vehicle Parking Spaces
a) Where the peak use of parking spaces for two (2) or more uses on the same or
adjacent parcels occurs at different periods of time, the required number of
parking spaces required for such uses may be reduced subject to:
i) receipt by the Town of a written report prepared by a professional engineer
experienced in parking matters, recommending such reduction based on
supporting evidence;
ii) an easement being registered against the title of the parcel or parcels on
which the parking spaces are located, in favour of the owners of the parcel on
which the buildings requiring the parking is located, authorizing the use of the
parking spaces in accordance with the recommendations in the report; and
iii) a restrictive covenant in favour of the Town is registered against the title of
the parcel or parcels concerned, and limiting the use of the parcels to the uses
that have been determined to justify the reduced parking requirement,
including any relevant restrictions on the hours of operation of these uses.
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9.0 SUBDIVISION REGULATIONS
9.1 Minimum Parcel Size Exceptions for Subdivision
Minimum parcel size for subdivision requirements of this Bylaw do not apply to:
.1 the consolidation of existing parcels or the addition of closed streets to an existing
parcel;
.2 the alteration of lot lines between two or more parcels where:
a) no additional parcels are created upon completion of the alteration;
b) the altered lot line does not infringe on the required setbacks for an existing
building or structure located on a parcel;
c) the alteration does not reduce the site area of the parcels involved to a size
less than that of the smallest parcel that existed prior to the alteration.
.3 an existing parcel that meets the present minimum parcel size requirements of this
Bylaw must not, upon completion of a parcel line alteration, have a parcel size less
than that required within the respective zone;
.4 where the Agricultural Land Commission permits a subdivision under its homesite
severance policy, there shall be no minimum parcel size.
.5 the creation of a parcel within a residential zone for a “utility service” use, provided
that the parcel area shall not be less than 140.0 m2, and a statutory covenant
under s. 219 of the Land Title Act is registered in favour of the Town of Oliver
restricting its use to “utility services” and prohibiting exterior storage.
9.2 Minimum Parcel Width for Subdivision Exceptions
Minimum parcel width for subdivision requirements of this Bylaw do not apply to:
.1 The creation of a panhandle lot, provided that the minimum parcel width of the
panhandle shall be in accordance with the following:
Number of Dwelling
Units Length of Panhandle Minimum Parcel Width
1 40.0 metres or less 4.5 metres
1 40.0 metres or greater 5.0 metres
2 Not applicable 6.0 metres
3 or greater Not applicable 6.0 metres
.2 The creation of a parcel within a residential zone for a “utility service” use,
provided that the parcel width shall not be less than 7.5 metres, and a statutory
covenant under s. 219 of the Land Title Act is registered in favour of the Town of
Oliver restricting its use to “utility services” and prohibiting exterior storage.
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9.3 Hooked Parcels
A hooked parcel may be created where each portion satisfies the minimum parcel
area requirements of the applicable zone.
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By Amendment 1380.10 Adopted November 25, 2019
10.0 LOW DENSITY RESIDENTIAL ZONES
10.1 LOW DENSITY RESIDENTIAL ONE (RS1) ZONE
Intent: The intent is to provide a zone for single detached housing, and compatible
accessory uses, on medium sized serviced urban lots.
10.1.1 Permitted Uses:
Principal Uses:
a) single detached dwelling;
Accessory Uses:
b) secondary suite, subject to Section 6.7;
c) carriage home, subject to Section 6.8;
d) home occupation, subject to Section 6.10;
e) bed and breakfast operation, subject to Section 6.12; and
f) accessory buildings or structures, subject to Section 6.9.
g) vacation rental, subject to Section 6.13
10.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 555.0 m2, when connected to the municipal sewer system.
10.1.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
10.1.4 Minimum Parcel Depth for Subdivision:
a) 27.0 metres
10.1.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) principal dwelling; and
b) one (1) secondary suite or carriage home.
10.1.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres; or
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for a garage or carport fronting a highway 6.0 metres
ii) Rear parcel line 6.0 metres; or
where the lot width exceeds the lot depth 4.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres; or
for a garage or carport fronting a highway 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 1.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres
10.1.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres, subject to
Section 6.8.
10.1.8 Maximum Parcel Coverage:
a) 40%
10.1.9 Minimum Floor Area:
a) 45.0 m2 for dwelling units
10.1.10 Minimum Building Width:
a) Principal Dwelling Unit: 5.0 metres, as originally designed and constructed.
10.1.11 Site Specific Residential Low Density One (RS1s) Regulations:
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Page | 58
Figure 10.1 – RS1 Zone
Building Envelope
Town of Oliver | Zoning Bylaw 1380
Page | 59
By Amendment 1380.10 Adopted November 25, 2019
10.2 LOW DENSITY RESIDENTIAL TWO (RS2) ZONE
Intent: The intent is to provide a zone for single detached housing, and compatible
accessory uses, on smaller serviced urban lot.
10.2.1 Permitted Uses:
Principal Uses:
a) single detached dwelling;
Accessory Uses:
b) secondary suite, subject to Section 6.7;
c) carriage home, subject to Section 6.8;
d) home occupation, subject to Section 6.10;
e) bed and breakfast operation, subject to Section 6.12; and
f) accessory buildings or structures, subject to Section 6.9.
g) vacation rental, subject to Section 6.13
10.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system;
b) 465.0 m2, when connected to the municipal sewer system.
10.2.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
10.2.4 Minimum Parcel Depth for Subdivision:
a) 27.0 metres
10.2.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) principal dwelling; and
b) one (1) secondary suite or carriage home.
10.2.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres; or
for a garage or carport fronting a highway 6.0 metres
ii) Rear parcel line 6.0 metres; or
Town of Oliver | Zoning Bylaw 1380
Page | 60
where the lot width exceeds the lot depth 4.5 metres
iii) Interior side parcel line 1.2 metres
iv) Exterior side parcel line 3.5 metres; or
for a garage or carport fronting a highway 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 1.5 metres
iii) Interior side parcel line 1.2 metres
iv) Exterior side parcel line 3.5 metres
10.2.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres, subject to
Section 6.8.
10.2.8 Maximum Parcel Coverage:
a) 45%
10.2.9 Minimum Floor Area:
a) 45.0 m2 for dwelling units
10.2.10 Minimum Building Width:
a) Principal Dwelling Unit: 5.0 metres, as originally designed and constructed.
10.2.11 Site Specific Residential Low Density Two (RS2s) Regulations:
a) Not applicable
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Figure 10.2 – RS2 Zone
Building Envelope
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By Amendment 1380.10 Adopted November 25, 2019
10.3 LOW DENSITY RESIDENTIAL (STRATA) THREE (RS3) ZONE
Intent: The purpose is to provide a zone for single detached dwellings in a bare land strata
plan on serviced urban lots.
10.3.1 Permitted Uses:
Principal Uses:
a) single detached dwelling;
Accessory Uses:
b) secondary suite, subject to Section 6.7;
c) home occupation, subject to Section 6.10;
d) bed and breakfast operation, subject to Section 6.12;
e) accessory buildings or structures, subject to Section 6.9.
f) vacation rental, subject to Section 6.13
10.3.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system;
b) 1,050 m2, when connected to the municipal sewer system; or
c) 350 m2, for the purpose of subdivision under the Strata Property Act, and when
connected to the municipal sewer system.
10.3.3 Minimum Parcel Width for Subdivision:
a) 25.0 metres (fee simple parcel);
b) 10.0 metres (bare land strata parcel).
10.3.4 Minimum Parcel Depth for Subdivision:
a) 27.0 metres (fee simple parcel);
b) 15.0 metres (bare land strata parcel).
10.3.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) principal dwelling; and
b) one (1) secondary suite.
10.3.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres
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ii) Rear parcel line 6.0 metres; or
where the lot width exceeds the lot depth 4.5 metres
iii) Interior side parcel line 3.5 metres
iv) Exterior side parcel line 2.4 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 2.4 metres
c) Within each bare land strata parcel (subject to Section 10.3.6(a)), the minimum
setbacks for buildings and structures from parcel lines are:
i) Front parcel line 4.5 metres
ii) Rear parcel line 1.2 metres
iii) Interior side parcel line 1.2 metres
iv) Exterior side parcel line 4.5 metres
d) Within each bare land strata parcel (subject to Section 10.3.6(a)), the minimum
setbacks for accessory buildings or structures from parcel lines are:
i) Front parcel line 4.5 metres
ii) Rear parcel line 1.2 metres
iii) Interior side parcel line 1.2 metres
iv) Exterior side parcel line 4.5 metres
10.3.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
10.3.8 Maximum Parcel Coverage:
a) 45%
10.3.9 Minimum Floor Area:
a) 45.0 m2 for dwelling units
10.3.10 Minimum Building Width:
a) Principal Dwelling Unit: 5.0 metres, as originally designed and constructed
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10.3.11 Site Specific Residential Low Density (Strata) Three (RS3s) Regulations:
a) In the case of land described as Lots 1-44, Plan KAS2813, District Lot 2450S, SDYD
(6833 Meadows Drive), and shown shaded yellow on Figure 10.3.10(a):
i) despite Section 11.3.6, the minimum parcel line setbacks shall be as follows:
.1 Buildings and structures:
a) Front parcel line 2.5 metres
b) Rear parcel line 3.0 metres
c) Interior side parcel line 3.0 metres
d) Exterior side parcel line 3.0 metres
.2 Within each bare land strata parcel (subject to Section 10.3.10(a)(i)(1)),
the minimum setbacks for buildings and structures from parcel lines are:
a) Front parcel line 2.0 metres; or
for a garage or carport having vehicular access 3.45 metres
b) Rear parcel line 3.0 metres
c) Interior side parcel line 1.2 metres
d) Exterior side parcel line 2.0 metres
.3 Within each bare land strata parcel (subject to Section 10.3.10(a)(i)(1)),
the minimum setbacks for accessory buildings and structures from parcel
lines are:
a) Front parcel line 2.0 metres; or
for a garage or carport having vehicular access 3.45 metres
b) Rear parcel line 1.2 metres
c) Interior side parcel line 1.2 metres
d) Exterior side parcel line 2.0 metres
.4 Within each common strata property parcel, the minimum setbacks for
accessory buildings or structures from parcel lines are:
a) Front parcel line 3.5 metres
b) Rear parcel line 3.5 metres
c) Interior side parcel line 3.5 metres
d) Exterior side parcel line 3.5 metres
ii) despite Section 6.6, the maximum height for a fence within a front setback
shall be 1.8 metres.
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Figure 10.3.10(a)
NN
Residential Low
Density (Strata) Three
Site Specific (RS3s)
(YELLOW SHADED AREA)
Figure 10.3 – RS3 Zone
Building Envelope
Tuc-el-nuit
Lake
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Page | 66
By Amendment 1380.10 Adopted November 25, 2019
By Amendment 1380.16 Adopted April 12, 2021
10.4 LOW DENSITY RESIDENTIAL FOUR (RS4) ZONE
Intent: The intent is to provide a zone for single detached housing, and compatible
accessory uses, on smaller serviced urban lots.
10.4.1 Permitted Uses:
Principal Uses:
a) single detached dwelling;
Accessory Uses:
b) secondary suite, subject to Section 6.7;
c) home occupation, subject to Section 6.10;
d) bed and breakfast operation, subject to Section 6.12; and
e) accessory buildings or structures, subject to Section 6.9.
f) vacation rental, subject to Section 6.13
10.4.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 350 m2, when connected to the municipal sewer system.
10.4.3 Minimum Parcel Width for Subdivision:
a) 12.0 metres
10.4.4 Minimum Parcel Depth for Subdivision:
a) 25.0 metres
10.4.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) principal dwelling unit; and
b) one (1) secondary suite.
10.4.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres; or
for a garage or carport fronting a highway 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line 1.2 metres
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021 iv) Exterior side parcel line 3.5 metres; or
for a garage of carport fronting a highway 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 1.5 metres
iii) Interior side parcel line 1.2 metres
iv) Exterior side parcel line 3.5 metres
10.4.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
10.4.8 Maximum Parcel Coverage:
a) 50%
10.4.9 Minimum Floor Area:
a) 45.0 m2 for dwelling units
10.4.10 Minimum Building Width:
a) Principal Dwelling Unit: 5.0 metres, as originally designed and constructed.
10.4.11 Site Specific Residential Low Density Four (RS4s) Regulations:
a) In the case of land described as Lots 4-9, Plan KAP64043, District Lot 2450S, SDYD,
and shown yellow shaded on Figure 10.4.11(a):
i) the following accessory uses and no others shall be permitted on the land:
.1 home occupation, subject to Section 6.10;
.2 bed and breakfast operation, subject to Section 6.12; and
.3 accessory buildings or structures, subject to Section 6.9.
ii) despite Section 10.4.2, no more than four (4) parcels may be created with a
minimum parcel size of not less than 300 m2, when connected to the
municipal sewer system, and when any part of the parcel is situated within
10.0 metres of a Canada Post community mailbox or lands dedicated for the
purpose of a Canada Post community mailbox.
iii) despite Section 10.4.5, secondary suites are prohibited.
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iv) despite Section 10.4.6(a), the minimum setbacks for buildings and
structures shall be as follows:
i) Front parcel line 3.0 metres; or
For properties adjacent to a
Provincial Public Highway 4.5 metres
ii) Rear parcel line 1.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.0 metres
v) despite Section 10.4.6(b), the minimum setbacks for accessory buildings
and structures shall be as follows:
i) Front parcel line 4.5 metres
ii) Rear parcel line 1.0 metres
iii) Interior side parcel line 1.0 metres
iv) Exterior side parcel line 3.0 metres
Residential Low Density
Four Site Specific (RS4s)
(YELLOW SHADED AREAS)
NN
Figure 10.4.11(a)
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By Amendment 1380.26 Adopted May 24, 2022
By Amendment 1380.26 Adopted May 24, 2022
10.5 LOW DENSITY RESIDENTIAL DUPLEX (RD1) ZONE
Intent: The intent is to provide a zone for duplexes, with a maximum of two dwelling units per
lot or site, that abut each other, and that are located on serviced urban lots.
10.5.1 Permitted Uses:
Amendment 1380.10 Adopted November 25, 2019
Principal Uses:
a) single detached dwelling;
b) duplex;
Accessory Uses:
c) secondary suite, subject to Section 6.7;
d) home occupation, subject to Section 6.10;
e) bed and breakfast operation, subject to Section 6.12; and
f) accessory buildings or structures, subject to Section 6.9.
g) vacation rental, subject to Section 6.13
h) carriage home.
10.5.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system;
b) 550.0 m2, when connected to the municipal sewer system; or
c) 225.0 m2, for the purpose of subdivision of duplexes into their individual units,
when connected to the municipal sewer system.
10.5.3 Minimum Parcel Width for Subdivision:
a) 18.0 metres
10.5.4 Minimum Parcel Depth for Subdivision:
a) 27.0 metres
10.5.5 Maximum Number of Dwellings Permitted Per Parcel:
a) two (2) dwelling units, comprised of either:
i. one (1) principal dwelling and one (1) secondary suite; or
ii. one (1) principal dwelling and one (1) carriage home; or
iii. one (1) duplex.
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10.5.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres; or
for a garage or carport fronting a highway 6.0 metres
ii) Rear parcel line 6.0 metres; or
where the lot width exceeds the lot depth 4.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres; or
for a garage or carport fronting a highway 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 1.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres
c) Despite Section 10.5.6(a)(iii), in the case of a side-by-side duplex being
subdivided for the purpose of creating individual ownership, an interior side
parcel line setback between dwelling units shall not be required, provided the
property line follows the centre line of the common party wall.
10.5.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
10.5.8 Maximum Parcel Coverage:
a) 50%
10.5.9 Minimum Floor Area:
a) 45.0 m2 for dwelling units
10.5.10 Minimum Building Width:
a) Principal Dwelling Unit: 5.0 metres, as originally designed and constructed
10.5.11 Site Specific Residential Low Density Duplex (RD1s) Regulations:
a) Not applicable
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Page | 71
Figure 10.5 – RD1 Zone
Building Envelope
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Page | 72
10.6 MANUFACTURED HOME PARK (RSM) ZONE
Intent: The intent is to provide a zone for manufactured homes, and compatible accessory
uses, within a manufactured home park.
10.6.1 Permitted Uses:
Principal Uses:
a) manufactured homes;
b) manufactured home park;
c) single detached dwelling;
Accessory Uses:
d) home occupation, subject to Section 6.10;
e) convenience store; and
f) accessory buildings or structures, subject to Section 6.9.
10.6.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, for a manufactured home park; or
b) 350 m2 for each manufactured home space.
10.6.3 Minimum Parcel Width:
a) 30.0 metres for a manufactured home park, within which:
i) a minimum of 12.0 metres shall be provided for each manufactured home
space abutting an internal road; and
ii) a minimum of 6.0 metres shall be provided for each manufactured home
space abutting a cul-de-sac.
10.6.4 Minimum Parcel Depth for Subdivision:
a) 30.0 metres for a manufactured home park
10.6.5 Maximum Number of Dwellings Permitted Per Parcel:
a) 30 dwellings per hectare
10.6.6 Maximum Number of Dwellings Permitted Per Manufactured Home Space:
a) one (1) manufactured home per manufactured home space; and
b) one (1) single detached dwelling per manufactured home park.
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10.6.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 4.5 metres
iii) Interior side parcel line 4.5 metres
iv) Exterior side parcel line 4.5 metres
b) Within each manufactured home space (subject to Section 10.6.6(a)), the
minimum setbacks for buildings and structures from parcel lines are:
i) Front parcel line 3.0 metres
ii) Rear parcel line 1.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.0 metres
c) Within each manufactured home space (subject to Section 10.6.6(a)), the
minimum setbacks for accessory buildings or structures from parcel lines are:
i) Front parcel line 4.5 metres
ii) Rear parcel line 1.0 metres
iii) Interior side parcel line 1.0 metres
iv) Exterior side parcel line 3.0 metres
10.6.8 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
10.6.9 Maximum Manufactured Home Space Coverage:
a) 45%
10.6.10 Minimum Floor Area:
a) 45.0 m2 for dwelling units
10.6.11 Amenity Area Requirements:
a) The following amenity and open space area(s) shall be provided for each dwelling
unit:
i) a contiguous area of not less than 40.0 m2;
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ii) to be located immediately adjacent to and be accessible from a habitable
room of the dwelling unit;
iii) shall not include any required storage area, driveway, off-street parking area
or building setback area except the rear setback area; and
iv) must be marked on the site plan submitted with the Building Permit
application for the development of a dwelling unit on the parcel.
10.6.12 General Provisions:
a) All provisions in the Town of Oliver’s Manufactured Home Park Regulations Bylaw
1327, as amended from time to time, that have not been specified in this particular
bylaw shall be met.
10.6.13 Site Specific Residential Manufactured Home Park (RSMs) Regulations:
a) Not applicable
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By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
11.0 MEDIUM DENSITY RESIDENTIAL ZONES
11.1 MEDIUM DENSITY RESIDENTIAL ONE (RM1) ZONE
Intent: The intent is to provide a zone for comprehensively designed low profile multiple
attached housing up to three storeys high.
11.1.1 Permitted Uses:
Principal Uses:
a) apartment building;
b) townhouse;
Accessory Uses:
c) home occupation, subject to Section 6.10; and
d) accessory buildings or structures, subject to Section 6.9.
11.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 670.0 m2, when connected to the municipal sewer system.
11.1.3 Minimum Parcel Width for Subdivision:
a) 20.0 metres
11.1.4 Minimum Parcel Depth for Subdivision:
a) 25.0 metres
11.1.5 Maximum Density:
a) 50 dwelling units per hectare
11.1.6 Maximum Floor Area Ratio:
a) 0.60
11.1.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 3.0 metres
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By Amendment Bylaw 1380.26 Adopted May 24, 2022
b) Accessory buildings or structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 3.0 metres
11.1.8 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
11.1.9 Maximum Parcel Coverage:
a) 40%
11.1.10 Amenity Area Requirements:
a) The following amenity and open space area(s) shall be provided for each dwelling
unit:
i) 30.0 m2 per dwelling unit, of which not more than 5.0 m2 shall be comprised
of private balcony space; and
ii) not less than 25.0% of required amenity space is to be located at grade.
11.1.11 Site Specific Residential Medium Density One (RM1s) Regulations:
a) in the case of land described as Lot 1, Plan KAP90417, District Lot 2450S, SDYD
(930 Fairview Road) and shown shaded yellow on Figure 11.1.11(a):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 11.1.1:
.1 “duplex”.
ii) the following accessory use shall be permitted on the land in addition to the
permitted uses listed in Section 11.1.1:
.1 “secondary suite”.
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Page | 77
By Amendment 1380.16 Adopted April 12, 2021
b) in the case of land shown shaded yellow on Figure 11.1.11(b):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 11.1.1:
.1 “duplex”.
ii) the following accessory uses shall be permitted on the land in addition to the
permitted uses listed in Section 11.1.1:
.1 “secondary suite”.
.2 “vacation rental, provided it is located within a single detached
dwelling.”
NN
Figure 11.1.11(a)
Residential Medium
Density One Site
Specific (RM1s)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 78
c) in the case of land described as Lot 22, Block 7, District Lot 2450S, SDYD (6231
Kootenay Street); Lot 20, Block 7, District Lot 2450S, SDYD (6253 Kootenay Street);
and Lot 19, Block 7, District Lot 2450S, SDYD (6263 Kootenay Street); and shown
shaded yellow on Figure 11.1.11(c):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 11.1.1:
.1 “duplex”.
ii) the following accessory use shall be permitted on the land in addition to the
permitted uses listed in Section 11.1.1:
.1 “secondary suite”.
NN
Figure 11.1.11(b)
Residential Medium
Density One Site
Specific (RM1s)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 79
Figure 11.1.11(c)
NN
Figure 11.1 – RM1 Zone
Building Envelope
Residential Medium
Density One Site
Specific (RM1s)
(YELLOW SHADED AREA)
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Page | 80
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
11.2 MEDIUM DENSITY RESIDENTIAL TWO (RM2) ZONE
Intent: The intent is to provide a zone for comprehensively designed medium profile multiple
attached housing up four storeys high.
11.2.1 Permitted Uses:
Principal Uses:
a) apartment building;
b) townhouse;
Accessory Uses:
c) home occupation, subject to Section 6.10;
d) accessory buildings or structures, subject to Section 6.9.
11.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 670.0 m2, when connected to the municipal sewer system.
11.2.3 Minimum Parcel Width for Subdivision:
a) 20.0 metres
11.2.4 Minimum Parcel Depth for Subdivision:
a) 25.0 metres
11.2.5 Maximum Density:
a) 50 dwelling units per hectare
11.2.6 Maximum Floor Area Ratio:
a) 0.75;
11.2.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line: 4.5 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line:
.1 1st – 3rd storey 2.4 metres
.2 4th storey 4.5 metres
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Page | 81
By Amendment Bylaw 1380.26 Adopted May 24, 2022
iv) Exterior side parcel line 3.0 metres
b) Accessory buildings or structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 3.0 metres
11.2.8 Maximum Height:
a) No building or structure shall exceed a height of 14.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
11.2.9 Maximum Parcel Coverage:
a) 40%
11.2.10 Amenity Area Requirements:
a) The following amenity and open space area(s) shall be provided for each dwelling
unit:
i) 30.0 m2 per dwelling unit, of which not more than 5.0 m2 shall be comprised
of private balcony space; and
ii) not less than 25.0% of required amenity space is to be located at grade.
11.2.11 Site Specific Residential Medium Density Two (RM2s) Regulations:
By Amendment Bylaw 1380.19 Adopted December 13, 2021
a) In the case of land described as Lot A, DL 2450s, SDYD, Plan 15073 (6643 Lakeside
Drive), no building or structure shall exceed a height of 10 metres.
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Page | 82
Figure 11.2 – RM2 Zone
Building Envelope
Amend Zoning Bylaw 1380:
from: RM1 (Residential Medium Density One)
to: RM2s (Residential Medium Density Two Site Specific)
(Yellow Shaded Area)
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Page | 83
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
12.0 HIGH DENSITY RESIDENTIAL ZONES
12.1 HIGH DENSITY RESIDENTIAL ONE (RH1) ZONE
Intent: The intent is to provide a zone for comprehensively designed medium profile multiple
attached housing.
12.1.1 Permitted Uses:
Principal Uses:
a) apartment building;
b) townhouse;
Accessory Uses:
c) home occupation, subject to Section 6.10;
d) accessory buildings or structures, subject to Section 6.9.
12.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 670.0 m2, when connected to the municipal sewer system.
12.1.3 Minimum Parcel Width for Subdivision:
a) 20.0 metres
12.1.4 Minimum Parcel Depth for Subdivision:
a) 25.0 metres
12.1.5 Maximum Density:
a) 80 dwelling units per hectare
12.1.6 Maximum Floor Area Ratio:
a) 1.0
12.1.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line: 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line:
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Page | 84
By Amendment 1380.08 Adopted October 15, 2019
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
1. 1st – 3rd storey 2.4 metres
2. 4th storey or higher 6.0 metres
iv) Exterior side parcel line 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 6.0 metres
12.1.8 Maximum Height:
a) No building or structure shall exceed a height of 18.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
12.1.9 Maximum Parcel Coverage:
a) 45%
12.1.10 Amenity Area Requirements:
a) The following amenity and open space area(s) shall be provided for each dwelling
unit:
i) 30.0 m2 per dwelling unit, of which not more than 5.0 m2 shall be comprised
of private balcony space; and
ii) not less than 25.0% of required amenity space is to be located at grade.
12.1.11 Site Specific Residential High Density One (RH1s) Regulations:
a) in the case of land described as Lot 1, Plan KAP38137, District Lot 2450S, SDYD,
Except Plan KAP51368, KAP67667 & KAP82324 (5931 Airport Street), and
shown shaded yellow on Figure 12.1.11(a):
i) despite Section 12.1.8, the maximum height of a building or structure shall
be 14.7 metres above 301.85 metres (GSC datum). The height of any
building shall be designed in a manner that does not contravene Transport
Canada safety requirements and airport operations.
Town of Oliver | Zoning Bylaw 1380
Page | 85
Figure 12.1 – RH1 Zone
Building Envelope
Residential High Density
One Site Specific (RH1s)
(YELLOW SHADED AREA)
Figure 12.1.11(a)
Town of Oliver | Zoning Bylaw 1380
Page | 86
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
12.2 HIGH DENSITY RESIDENTIAL TWO (RH2) ZONE
Intent: The intent is to provide a zone for comprehensively designed medium profile multiple
attached housing.
12.2.1 Permitted Uses:
Principal Uses:
a) apartment building;
b) townhouse;
Accessory Uses:
c) home occupation, subject to Section 6.10;
d) accessory buildings or structures, subject to Section 6.9
12.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 670.0 m2, when connected to the municipal sewer system.
12.2.3 Minimum Parcel Width for Subdivision:
a) 20.0 metres
12.2.4 Minimum Parcel Depth for Subdivision:
a) 25.0 metres
12.2.5 Maximum Density:
a) 80 dwelling units per hectare
12.2.6 Maximum Floor Area Ratio:
a) 1.25
12.2.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line:
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Page | 87
By Amendment Bylaw 1380.26 Adopted May 24, 2022
1. 1st – 3rd storey 2.4 metres
2. 4th storey or higher 6.0 metres
iv) Exterior side parcel line 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 6.0 metres
12.2.8 Maximum Height:
a) No building or structure shall exceed a height of 18.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
12.2.9 Maximum Parcel Coverage:
a) 50%
12.2.10 Amenity Area Requirements:
a) The following amenity and open space area(s) shall be provided for each dwelling
unit:
i) 30.0 m2 per dwelling unit, of which not more than 5.0 m2 shall be comprised
of private balcony space; and
ii) not less than 25.0% of required amenity space is to be located at grade.
12.2.11 Site Specific Residential High Density Two (RH2s) Regulations:
a) Not applicable
Town of Oliver | Zoning Bylaw 1380
Page | 88
By Amendment Bylaw 1380.26 Adopted May 24, 2022
13.0 TOWN CENTRE ZONES
13.1 TOWN CENTRE (TC) ZONE
Intent: The intent is to provide a zone for a mixed use residential and commercial town center
area.
13.1.1 Permitted Uses:
Principal Uses:
a) apartment buildings, subject to Section 13.1.10;
b) art gallery;
c) artisan studio;
d) assembly;
e) cannabis dispensary;
f) child care centre, major;
g) convenience store;
h) eating and drinking establishment, excluding drive-thru food services;
i) education service, minor;
j) hotel;
k) indoor recreation;
l) library;
m) museum;
n) office;
o) personal service establishment;
p) retail establishment, major;
Accessory Uses:
q) dwelling unit, subject to Section 13.1.9; and
r) accessory buildings or structures, subject to Section 6.9.
13.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 230.0 m2, when connected to the municipal sewer system.
13.1.3 Minimum Parcel Width for Subdivision:
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Page | 89
By Amendment 1380.16 Adopted April 12, 2021
a) 4.5 metres
13.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
13.1.5 Maximum Floor Area Ratio:
a) 3.0
13.1.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 0.0 metres
ii) Rear parcel line:
.1 adjacent a Residential Zone (no lane) 6.0 metres
.2 adjacent a Residential Zone (lane) 3.0 metres
.3 adjacent all other Zones 0.0 metres
iii) Interior side parcel line 0.0 metres
iv) Exterior side parcel line 0.0 metres
b) Accessory buildings or structures:
i) Front parcel line 0.0 metres
ii) Rear parcel line:
.1 adjacent a Residential Zone (no lane) 6.0 metres
.2 adjacent a Residential Zone (lane) 3.0 metres
.3 adjacent all other Zones 0.0 metres
iii) Interior side parcel line 0.0 metres
iv) Exterior side parcel line 0.0 metres
13.1.7 Maximum Height:
a) No building or structure shall exceed a height of 18.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
13.1.8 Maximum Parcel Coverage:
a) 100%
13.1.9 Dwelling Unit Regulations:
Town of Oliver | Zoning Bylaw 1380
Page | 90
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) Dwelling units and all other residential uses shall be located above the first storey
of a portion of a building with a frontage to Main Street or Station Street.
13.1.10 Conditions of Use:
a) The residential use of the ground floor of a building fronting Main Street is
prohibited.
13.1.11 Site Specific Town Centre (TCs) Regulations:
a) in the case of land described as Lot A, Plan KAP72738, District Lot 2450S, SDYD,
(6077 Main Street), and shown shaded yellow on Figure 13.1.11(a):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 13.1.1:
.1 business service establishment;
.2 food and beverage processing;
.3 service industry establishment, minor;
.4 veterinary clinic; and
.5 wholesale and warehouses.
ii) despite Section 13.1.11(a)(i), business service establishments; veterinary
clinics; warehouse and wholesale; and service industry establishment, minor
uses must be located at least one storey below the grade of the front property
line, and must be accessed via an entrance at the rear of the property,
adjacent to a rear lane.
iii) despite Sections 13.1.7(a) & (b), a food and beverage processing use shall not
be permitted within a distance of 10.0 metres from the parcel line adjacent to
Main Street.
iv) food and beverage processing activities must be designed and operated in a
way which prevents the discharge or emission of noxious or toxic matter or
vapours, heat, glare, noise or recurrent vibrations which interfere with,
disturb or tend to disturb the use of adjacent or neighbouring properties.
Town of Oliver | Zoning Bylaw 1380
Page | 91
b) in the case of land described as Lot A, Portion BLK 38, Plan KAP10839, District Lot
2450S, SDYD, (6043 Okanagan Street), and shown shaded yellow on Figure
13.1.11(b):
i) the following principal use shall and no other shall be permitted on the land:
.1 parking lot; and
.2 parking structure.
Town Centre Site
Specific (TCs)
(YELLOW SHADED AREA)
Figure 13.1.11(b)
NN
NN
Town Centre Site
Specific (TCs)
(YELLOW SHADED AREA)
Figure 13.1.11(a)
Town of Oliver | Zoning Bylaw 1380
Page | 92
By Amendment 1380.12 Adopted March 9, 2020
c) in the case of land described as Lot 6, Plan KAP2660, District Lot 2450S, SDYD
(6129 Kootenay Street), and shown shaded yellow on Figure 13.1.11(c):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 13.1.1:
.1 “duplex”.
d) In the case of land described as Parcel C (Being a Consolidation of Lots 1 to 7 Inclusive,
See CA2710527), Block 9, DL 2450s, SDYD, Townsite of Oliver (6422 Main Street), an eating
and drinking establishment with a drive-thru food service is permitted.
Figure 13.1.11(c)
NN
Town Centre Site
Specific (TCs)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 93
Figure 13.1 – TC Zone
Building Envelope
Town of Oliver | Zoning Bylaw 1380
Page | 94
By Amendment 1380.18 Adopted July 12, 2021
e) In the case of land described as Lot 6, Block 7, DL 2450s, SDYD, Townsite of Oliver (6234 Main
Street), food and beverage processing is a permitted principle use provided that retail sales are
part of the on-site operation.
Town Centre Site Specific
(yellow shaded area)
Town of Oliver | Zoning Bylaw 1380
Page | 95
14.0 COMMERCIAL ZONES
14.1 NEIGHBOURHOOD COMMERCIAL (C1) ZONE
Intent: The intent is to provide a zone for areas that serve the daily needs of residents in close
proximity to where they live.
14.1.1 Permitted Uses:
Principal Uses:
a) convenience store;
b) eating and drinking establishment, excluding drive-thru food services;
c) personal service establishment;
Accessory Uses:
d) dwelling unit;
e) home occupation, subject to Section 6.10; and
f) accessory buildings or structures, subject to Section 6.9.
14.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 465.0 m2, when connected to the municipal sewer system.
14.1.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
14.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
14.1.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) dwelling unit
14.1.6 Maximum Floor Area Ratio:
a) 0.70
14.1.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 6.0 metres
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Page | 96
By Amendment 1380.16 Adopted April 12, 2021
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 4.5 metres
14.1.8 Maximum Height:
a) No building or structure shall exceed a height of 10.5 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
14.1.9 Maximum Parcel Coverage:
a) 35%
14.1.10 Dwelling Unit Regulations
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) Dwelling units shall be located at the rear of a building on the ground floor, or
above the first storey;
14.1.11 Site Specific Neighbourhood Commercial (C1s) Regulations:
a) Not applicable
Town of Oliver | Zoning Bylaw 1380
Page | 97
Figure 14.1 – C1 Zone
Building Envelope
Town of Oliver | Zoning Bylaw 1380
Page | 98
By Amendment 1380.16 Adopted April 12, 2021
By Amendment Bylaw 1380.26 Adopted May 24, 2022
14.2 HIGHWAY COMMERCIAL (C2) ZONE
Intent: The intent is to provide a zone for general commercial activities in an area that is
transitioning to highway commercial development.
14.2.1 Permitted Uses:
Principal Uses:
a) artisan studio;
b) cannabis dispensary;
c) convenience store;
d) eating and drinking establishment;
e) education service, minor;
f) indoor recreation;
g) laundromat;
h) library;
i) office;
j) personal service establishment;
k) retail establishment, major;
Accessory Uses:
l) dwelling unit;
m) accessory buildings or structures, subject to Section 6.9.
14.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 465.0 m2, when connected to the municipal sewer system.
14.2.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
14.2.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
14.2.5 Maximum Number of Dwellings Permitted Per Parcel:
a) Not applicable
Town of Oliver | Zoning Bylaw 1380
Page | 99
By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
14.2.6 Maximum Floor Area Ratio:
a) 1.0
14.2.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 3.0 metres
iii) Rear parcel line (adjacent a Residential Zone) 6.0 metres
iv) Interior side parcel line 1.5 metres
v) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Rear parcel line (adjacent a Residential Zone) 6.0 metres
iv) Interior side parcel line 1.5 metres
v) Exterior side parcel line 4.5 metres
14.2.8 Maximum Height:
a) No building or structure shall exceed a height of 12.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
14.2.9 Maximum Parcel Coverage:
a) 50%
14.2.10 Dwelling Unit Regulations
a) The minimum floor area of a dwelling unit shall be 45.0 m2.
b) Dwelling units and all other residential uses shall be located above the first storey
of a portion of a building with a frontage to Main Street.
c) Dwelling units shall only be permitted within the same building as a permitted
commercial use.
14.2.11 Site Specific Commercial Transition (C2s) Regulations:
a) in the case of land described as Lots 18 & 19, Plan KAP5876, Block 39, District Lot
2450S, SDYD (5920 Kootenay Street), and shown shaded yellow on Figure
14.2.11(a):
Town of Oliver | Zoning Bylaw 1380
Page | 100
By Amendment 1380.08 Adopted October 15, 2019
a) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 14.2.1:
.1 funeral service.
b) deleted.
c) in the case of land described as Lot 2, Plan KAP28664, District Lot 2450S, SDYD,
Portion Lot 2 (5865 Main Street) and shown shaded yellow on Figure 14.2.11(c):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 14.2.1:
.1 veterinary clinic.
Figure 14.2.11(a)
NN
Highway Commercial
Site Specific (C2s)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 101
Figure 14.2 – C2 Zone
Building Envelope
Figure 14.2.11(c)
NN
Highway Commercial
Site Specific (C2s)
(YELLOW SHDED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 102
By Amendment 1380.05 Adopted May 13, 2019
Section 14.2.11(d)
d) in the case of land described as Parcel A, Plan KAP7086B, District Lot 2450S, SDYD, Portion
Lot 96, (DD 155334F) Plan 1728 (5851 Main Street), and shown shaded yellow on Figure
14.2.11(d):
i) the following principal use shall be permitted on the land in addition to the permitted
uses listed in Section 14.2.1:
.1 service industry establishment, minor.
Highway Commercial
Site Specific (C2s)
(YELLOW SHADED AREA)
NN
Figure 14.2.11(d)
Town of Oliver | Zoning Bylaw 1380
Page | 103
14.3 GENERAL COMMERCIAL (C3) ZONE
Intent: The intent is to provide a zone for commercial business activities that are related to
industry and manufacturing.
14.3.1 Permitted Uses:
Principal Uses:
a) artisan studio;
b) business service establishment;
c) construction services;
d) eating and drinking establishment;
e) food and beverage processing;
f) food bank;
g) funeral service;
h) indoor recreation;
i) office;
j) personal service establishment;
k) recycled materials depot and drop-off center;
l) retail establishment, major;
m) self-storage;
n) service industry establishment, minor;
o) veterinary clinic;
p) wholesale store, warehouses and freight terminals;
Accessory Uses:
q) dwelling unit; and
r) accessory buildings or structures, subject to Section 6.9.
14.3.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 975.0 m2, when connected to the municipal sewer system.
14.3.3 Minimum Parcel Width for Subdivision:
a) 30.0 metres
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Page | 104
By Amendment 1380.16 Adopted April 12, 2021
14.3.4 Minimum Parcel Depth for Subdivision:
a) 30.0 metres
14.3.5 Maximum Number of Dwellings Permitted Per Parcel:
a) Not applicable
14.3.6 Maximum Floor Area Ratio:
a) 3.0
14.3.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 0.0 metres
ii) Rear parcel line:
.1 adjacent a Residential Zone (no lane) 6.0 metres
.2 adjacent a Residential Zone (lane) 3.0 metres
.3 adjacent all other Zones 0.0 metres
iii) Interior side parcel line 0.0 metres
iv) Exterior side parcel line 0.0 metres
b) Accessory buildings or structures:
i) Front parcel line 0.0 metres
ii) Rear parcel line:
.1 adjacent a Residential Zone (no lane) 6.0 metres
.2 adjacent a Residential Zone (lane) 3.0 metres
.3 adjacent all other Zones 0.0 metres
iii) Interior side parcel line 0.0 metres
iv) Exterior side parcel line 0.0 metres
14.3.8 Maximum Height:
a) No building or structure shall exceed a height of 15.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
14.3.9 Maximum Parcel Coverage:
a) Not applicable
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Page | 105
By Amendment 1380.16 Adopted April 12, 2021
14.3.10 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2.
b) Dwelling units and all other residential uses shall be located above the first storey
of a portion of a building with a frontage to Station Street.
c) Dwelling units shall only be permitted within the same building as a permitted
commercial use.
14.3.11 Conditions of Use:
a) Service industry establishments shall not include automobile wreckers.
b) Service industry, minor uses shall be permitted only within fully enclosed
buildings. Storage of materials or products shall be within or at the rear of the
buildings, and screened by the building or other opaque screening so that the
materials are not visible from the street fronting the property
c) Food and beverage processing and self-storage uses shall be designed and
operated in a way which prevents the discharge or emission of noxious or toxic
matter or vapours, heat, glare, noise or recurrent vibrations which interfere with,
disturb or tend to disturb the use of adjacent or neighbouring properties.
14.3.12 Site Specific General Commercial (C3s) Regulations:
By Amendment 1380.21 Adopted January 10, 2022
a) In the case of lands described as Parcel B (KJ31186), Block 46, DL 2450s, SDYD,
Plan 2471, Except Plan KAP55081 (6005 Station Street) and Lot A, District Lot
2450s, SDYD, Plan KAP90353 (248 Co-op Avenue) vehicle manufacturing is a
permitted principal use.
Town of Oliver | Zoning Bylaw 1380
Page | 106
Figure 14.3 – C3 Zone
Building Envelope
Amend Zoning Bylaw 1380:
from: C3 (General Commercial)
to: C3s (General Commercial Site-Specific)
(Yellow Shaded Area)
Town of Oliver | Zoning Bylaw 1380
Page | 107
14.4 SERVICE COMMERCIAL ONE (CS1) ZONE
Intent: The intent is to provide a zone for service commercial areas that include services for
automobiles, commercial vehicles and other machinery.
14.4.1 Permitted Uses:
Principal Uses:
a) car wash;
b) construction services;
c) delivery and express delivery facility;
d) public transportation depot;
e) retail establishment, minor;
f) service station;
g) service industry establishment, minor;
Accessory Uses:
h) eating and drinking establishment;
i) accessory buildings or structures, subject to Section 6.9.
14.4.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 1,000.0 m2, when connected to the municipal sewer system.
14.4.3 Minimum Parcel Width for Subdivision:
a) 30.0 metres
14.4.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
14.4.5 Maximum Number of Dwellings Permitted Per Parcel:
a) Not applicable
14.4.6 Maximum Floor Area Ratio:
a) 0.35
14.4.7 Minimum Setbacks:
a) Buildings and structures:
Town of Oliver | Zoning Bylaw 1380
Page | 108
i) Front parcel line 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line 3.0 metres
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 3.0 metres
iv) Exterior side parcel line 4.5 metres
14.4.8 Maximum Height:
a) No building or structure shall exceed a height of 10.5 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
14.4.9 Maximum Parcel Coverage:
a) 35%
14.4.10 Dwelling Unit Regulations:
a) Not applicable
14.4.11 Site Specific Service Commercial (CS1s) Regulations:
a) Not applicable
Town of Oliver | Zoning Bylaw 1380
Page | 109
Figure 14.4 – CS1 Zone
Building Envelope
Town of Oliver | Zoning Bylaw 1380
Page | 110
14.5 SERVICE COMMERCIAL TWO (CS2) ZONE
Intent: The intent is to provide a zone for service commercial areas that include services for
industrial and retail sales auxiliary to the permitted uses.
14.5.1 Permitted Uses:
Principal Uses:
a) construction services;
b) food and beverage processing;
c) manufacturing, provided the use is entirely contained within a building;
d) service industry establishment, minor;
e) veterinary clinic;
f) wholesale store, warehouses and freight terminals;
Accessory Uses:
g) dwelling unit;
h) retail sales;
i) accessory buildings or structures, subject to Section 6.9.
14.5.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 0.1 ha, when connected to the municipal sewer system.
14.5.3 Minimum Parcel Width for Subdivision:
a) 30.0 metres
14.5.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
14.5.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) dwelling unit
14.5.6 Maximum Floor Area Ratio:
a) Not applicable
Town of Oliver | Zoning Bylaw 1380
Page | 111
By Amendment 1380.16 Adopted April 12, 2021
14.5.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 10.0 metres
ii) Rear parcel line 15.0 metres
iii) Interior side parcel line 15.0 metres
iv) Exterior side parcel line 10.0 metres
b) Accessory buildings or structures:
i) Front parcel line 10.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 3.0 metres
iv) Exterior side parcel line 4.5 metres
14.5.8 Maximum Height:
a) No building or structure shall exceed a height of 15.0 metres;
b) No accessory building or structure shall exceed a height of 7.0 metres.
14.5.9 Maximum Parcel Coverage:
a) 40%
14.5.10 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) The maximum floor area of a dwelling unit shall 125.0 m2, or 25% of the gross
floor area of all buildings on the parcel, whichever is lesser;
14.5.11 Site Specific Service Commercial Two (CS2s) Regulations:
a) In the case of land described as Lot A, Plan KAP21469, District Lot 2450S, SDYD
(5801 Sawmill Road), and shown shaded yellow on Figure 14.5.11(a):
i) the following principal uses shall be permitted on the land in addition to the
permitted uses listed in Section 14.5.1:
.1 abattoirs;
.2 car and truck wash; and
.3 service industry establishment, major, which shall also include a septic
service operation, including drying ponds not exceeding an area of 200.0
m2.
Town of Oliver | Zoning Bylaw 1380
Page | 112
ii) the following accessory use shall be permitted on the land in addition to the
permitted uses listed in Section 14.5.1:
.1 offices.
NN
Figure 14.5.11(a)
Service Commercial
Two Site Specific (CS2s)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 113
15.0 TOURIST COMMERCIAL ZONES
15.1 TOURIST COMMERCIAL ONE (CT1) ZONE
Intent: The intent is to provide a zone for areas that allow for year-round tourism activities such
as hotels and indoor and outdoor recreation or amusement facilities.
15.1.1 Permitted Uses:
Principal Uses:
a) campground;
b) hotel;
c) motel;
d) eating and drinking establishment;
e) personal service establishment;
Accessory Uses:
f) single detached dwelling;
g) manufactured home;
h) home occupation, subject to Section 6.10;
i) convenience store;
j) indoor recreation;
k) outdoor recreation; and
l) accessory buildings or structures, subject to Section 6.9.
15.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 465.0 m2, when connected to the municipal sewer system.
15.1.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
15.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
15.1.5 Maximum Number of Dwellings Permitted Per Parcel:
Town of Oliver | Zoning Bylaw 1380
Page | 114
a) one (1) dwelling unit
15.1.6 Maximum Floor Area Ratio:
a) 0.45
15.1.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 0.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 4.5 metres
15.1.8 Maximum Height:
a) No building or structure shall exceed a height of 10.5 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
15.1.9 Maximum Parcel Coverage:
a) 35%
15.1.10 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2
15.1.11 Site Specific Tourist Commercial One (CT1s) Provisions:
a) in the case of land described as Lot 1, Plan KAP3004, District Lot 2450S, SDYD,
(5887 Main Street) and shown shaded yellow on Figure 15.1.11(a):
i) despite Section 8.0, parking requirements for “office and personal service”
uses shall be 1 space per 33.0 m2 of gross floor area;
ii) despite Section 15.1.6, the maximum floor area ratio (FAR) shall be 0.55;
Town of Oliver | Zoning Bylaw 1380
Page | 115
iii) despite Section 15.1.7, the front parcel line setback for principal and
accessory buildings or structures shall be 4.5 metres;
iv) despite Section 15.1.7, the interior side parcel line setback for principal and
accessory buildings or structures adjacent to the southern side boundary
shall be 0.0 metres.
NN
Figure 15.1.11(a)
Tourist Commercial One
Site Specific (CT1s)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 116
15.2 RESORT COMMERCIAL (RC) ZONE
Intent: The intent is to provide a zone for site specific integrated resort residential and
commercial developments.
15.2.1 Permitted Uses:
Principal Uses:
a) apartment building;
b) vacation rental;
Accessory Uses:
c) convenience store;
d) eating and drinking establishment;
e) indoor recreation;
f) offices;
g) personal service establishment;
h) accessory buildings or structures, subject to Section 6.9.
15.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha
15.2.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
15.2.4 Minimum Parcel Depth for Subdivision:
a) 30.0 metres
15.2.5 Maximum Number of Dwellings Permitted Per Parcel:
a) Not applicable
15.2.6 Maximum Floor Area Ratio:
a) 0.35
15.2.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 7.5 metres
Town of Oliver | Zoning Bylaw 1380
Page | 117
iii) Interior side parcel line 4.5 metres
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 4.5 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 4.5 metres
iv) Exterior side parcel line 4.5 metres
15.2.8 Maximum Height:
a) No building or structure shall exceed a height of 12.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres;
c) Despite Section 15.2.8(a), where underground is provided, no building or
structure shall exceed a height of 15.0 metres.
15.2.9 Maximum Parcel Coverage:
a) 45%
15.2.10 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2
15.2.11 Conditions of Use:
a) An apartment building must include a:
i) minimum of 350.0m2 commercial space that shall include a lobby;
ii) minimum of 450.0m2 of resort amenity facilities which may include, but shall
not be limited to: indoor games, recreation, fitness and health rooms; pools
and spas; guest lounges; meeting rooms; and outdoor recreation areas;
iii) separate entrance from the ground level for any of the permitted uses in
Section 15.2.1 if they are located above the first floor of and under the same
roof as the building within which a vacation rental use is carried out.
15.2.12 Site Specific Resort Commercial (RCs) Regulations:
a) In the case of land described as Lot A, Plan 17769, District Lot 2450S, SDYD (6801
Main Street); Lot 2, Plan 19121, District Lot 2450S, SDYD (6839 Main Street); and
Lot 76, Plan 1729, District Lot 2450S, SDYD (6797 Main Street), except those
portions shown as parcels “23” and “0” on plan A1274 and shown shaded yellow
on Figure 15.2.12(a):
Town of Oliver | Zoning Bylaw 1380
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i) the average maximum permitted gross floor area of a dwelling unit in any
apartment building is 75.0m2;
ii) The maximum number of bedrooms in a dwelling unit is 1;
iii) off-street vehicle parking for all apartment buildings shall be provided
underground;
iv) despite Section 15.2.6, the maximum floor area ratio (FAR) may be increased
from 0.35 to a maximum of 1.2 if the owner(s) provides the Town of Oliver,
prior to the issuance of a Building Permit authorizing construction that
exceeds 0.35 F.A.R., a payment for amenities as outlined below:
.1 $40.00/m2 of floor area in excess of 0.35 FAR plus an inflation
adjustment equal to the product of $40.00/m2 and the percent increase
in the Consumer Price Index for all products in British Columbia as
published by Statistics Canada between January 2007 and January of the
year that payment is made.
Payments received under this section may only be used by the Town for any
of the following community amenities or affordable housing initiatives:
.1 Upgrading and or renovations to the Venables Auditorium;
.2 Upgrading and or renovations to the Oliver and District Museum /
Archives;
.3 Upgrading and or renovations to municipally owned heritage buildings;
.4 Purchase, upgrading and / or renovation to municipal Parks including
the provision of additional park and playground equipment;
.5 Creation, upgrading, and renovating trails and walkways throughout the
Town of Oliver; and
.6 Local government or non-profit affordable housing initiatives.
Town of Oliver | Zoning Bylaw 1380
Page | 119
Figure 15.2.12(a)
Resort Commercial
Site Specific (RCs)
(YELLOW SHADED AREA)
NN
Town of Oliver | Zoning Bylaw 1380
Page | 120
By Amendment 1380.04 Adopted May 13, 2019
By Amendment 1380.16 Adopted April 12, 2021
16.0 INDUSTRIAL ZONES
16.1 GENERAL INDUSTRIAL (M1) ZONE
Intent: The intent is to provide a zone for industrial uses and retail sales auxiliary to the
permitted industrial uses.
16.1.1 Permitted Uses:
Principal Uses:
a) abattoirs;
b) automobile recycling;
c) bulk petroleum sales and storage;
d) cannabis production;
e) car wash;
f) concrete ready-mix plants;
g) construction services;
h) crematorium;
i) eating and drinking establishment;
j) education service, major;
k) food and beverage processing;
l) funeral service;
m) gravel crushing;
n) manufacturing;
o) outdoor storage
p) self-storage
q) sawmills;
r) service industry establishment, major;
s) service station, including a convenience store not exceeding 150 m2 of gross floor
area;
t) recycled materials depot and drop-off centre
u) utility service;
v) veterinary clinic;
w) wholesale store, warehouses and freight terminals;
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By Amendment 1380.16 Adopted April 12, 2021
Accessory Uses:
x) dwelling unit;
y) offices;
z) retail sales;
aa) accessory buildings or structures, subject to Section 6.9.
16.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 0.1 ha, when connected to the municipal sewer system.
16.1.3 Minimum Parcel Width for Subdivision:
a) 30.0 metres
16.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
16.1.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) dwelling unit
16.1.6 Maximum Floor Area Ratio:
a) Not applicable
16.1.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 0.0 metres; or
where adjacent a non-industrial zone 7.5 metres
iii) Interior side parcel line 1.5 metres; or
where adjacent a non-industrial zone 6.0 metres
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 0.0 metres; or
where adjacent a non-industrial zone 7.5 metres
Town of Oliver | Zoning Bylaw 1380
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By Amendment 1380.16 Adopted April 12, 2021
By Amendment 1380.16 Adopted April 12, 2021
iii) Interior side parcel line 1.5 metres; or
where adjacent a non-industrial zone 6.0 metres
iv) Exterior side parcel line 4.5 metres
16.1.8 Maximum Height:
a) No building or structure shall exceed a height of 15.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
16.1.9 Maximum Parcel Coverage:
a) 60%
16.1.10 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) The maximum floor area of a dwelling unit shall be 125.0 m2, or 25% of the gross
floor area of all buildings on the parcel, whichever is lesser;
16.1.11 Conditions of Use:
a) Manufacturing, food and beverage processing and self-storage uses shall be
designed and operated in a way which prevents the discharge or emission of
noxious or toxic matter or vapours, heat, glare, noise or recurrent vibrations
which interfere with, disturb or tend to disturb the use of adjacent or
neighbouring properties.
16.1.12 Site Specific General Industrial (M1s) Regulations:
a) In the case of land described as Lot 2, Plan KAP54258, District Lot 2450S, SDYD,
(5971 Sawmill Road) and shown shaded on Figure 16.1.12(a):
i) the following principal use shall be permitted on the land in addition to the
permitted uses listed in Section 16.1.1:
.1 “kennel”.
Town of Oliver | Zoning Bylaw 1380
Page | 123
Figure 16.1 – M1 Zone
Building Envelope
NN
General Industrial
Site Specific (M1s)
(YELLOW SHADED AREA)
Figure 16.1.12(a)
Town of Oliver | Zoning Bylaw 1380
Page | 124
16.2 AIRPORT (AP) ZONE
Intent: The intent is to provide a zone for aviation-related uses which rely on a run-way and
other uses associated with an airport operation.
16.2.1 Permitted Uses:
Principal Uses:
a) airport;
Accessory Uses:
b) aircraft maintenance and repair;
c) aircraft fuel sales;
d) aircraft sales;
e) aircraft storage;
f) dwelling unit;
g) eating and drinking establishment;
h) flight training school;
i) flying clubs;
j) offices;
k) retail establishment, minor;
l) accessory buildings or structures, subject to Section 6.9.
16.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 0.1 ha, when connected to the municipal sewer system.
16.2.3 Minimum Parcel Width for Subdivision:
a) 30.0 metres
16.2.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
16.2.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) dwelling unit
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By Amendment 1380.16 Adopted April 12, 2021
16.2.6 Maximum Floor Area Ratio:
a) Not applicable
16.2.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 1.0 metres
iii) Interior side parcel line 3.0 metres
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 1.0 metres
iii) Interior side parcel line 3.0 metres
iv) Exterior side parcel line 4.5 metres
16.2.8 Maximum Height:
a) No building or structure shall exceed a height of 15.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres;
c) Despite sub-sections 16.2.8(a) & (b), the height of all buildings or structures shall
be subject to federal aviation regulations.
16.2.9 Maximum Parcel Coverage:
a) 60%
16.2.10 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) The maximum floor area of a dwelling unit shall be 125.0 m2, or 25% of the gross
floor area of all buildings on the parcel, whichever is lesser;
16.2.11 Conditions of Use:
a) Notwithstanding any provisions of this Bylaw, the location of all buildings,
structures, facilities or any other use shall conform to federal aviation
regulations.
Town of Oliver | Zoning Bylaw 1380
Page | 126
b) Where flammable fuels are to be stored or offered for sale, a permit for the
storage or sale shall be obtained from the Town’s Fire Department.
16.2.12 Site Specific Airport (APs) Regulations:
a) Not applicable
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By Amendment 1380.10 Adopted November 25, 2019
17.0 RURAL ZONES
17.1 AGRICULTURE (AG) ZONE
Intent: The intent is to provide a zone for agriculture and compatible accessory uses.
17.1.1 Permitted Uses:
Principal Uses:
a) agriculture;
b) brewery, cidery, distillery, meadery or winery;
c) packing and storage of farm products;
d) processing of farm and off-farm products;
e) silviculture;
f) single detached dwelling;
g) stables;
Accessory Uses:
h) accessory dwellings for farm labour;
i) agri-tourist accommodation, subject to Section 6.17;
j) bed and breakfast operations, subject to Section 6.12;
k) home industry, subject to Section 6.11;
l) home occupation, subject to Section 6.10;
m) retail sales of farm and/or off-farm products;
n) secondary suite, subject to Section 6.7;
o) veterinary clinic; and
p) accessory buildings or structures, subject to Section 6.9.
q) vacation rental, subject to Section 6.13
r) carriage home, subject to Section 6.8
17.1.2 Minimum Parcel Size for Subdivision:
a) 4.0 ha
17.1.3 Minimum Parcel Width for Subdivision:
By Amendment 1380.26 Adopted May 24, 2022
Town of Oliver | Zoning Bylaw 1380
Page | 128
By Amendment Bylaw 1380.26 Adopted May 24, 2022
a) Not less than 25% of the parcel depth
17.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
17.1.5 Maximum Number of Dwellings Permitted Per Parcel:
a) the number of principal dwellings and the number of accessory dwellings
permitted per parcel shall be as follows:
PARCEL AREA
MAXIMUM NUMBER
OF PRINCIPAL
DWELLINGS
MAXIMUM NUMBER OF
ACCESSORY DWELLING
UNITS
MAXIMUM NUMBER OF
ACCESSORY DWELLINGS
FOR FARM LABOUR
Less than 2.0 ha 1 1 secondary suite or 1
carriage home 0
Greater than 2.0 ha 1 1 secondary suite and 1
carriage home N/A
17.1.6 Minimum Setbacks:
a) Building and structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 4.0 metres
iv) Exterior side parcel line 4.5 metres
v) Tuc-el-Nuit Lake 75.0 metres
b) Accessory building or structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 4.0 metres
iv) Exterior side parcel line 4.5 metres
v) Tuc-el-Nuit Lake 75.0 metres
c) Building and structures containing livestock:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 7.5 metres
iv) Exterior side parcel line 7.5 metres
Town of Oliver | Zoning Bylaw 1380
Page | 129
By Amendment Bylaw 1380.26 Adopted May 24, 2022
v) Dwelling unit 12.0 metres
vi) Tuc-el-Nuit Lake 75.0 metres
17.1.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 15.0 metres.
17.1.8 Maximum Parcel Coverage:
a) 30%;
b) despite Section 17.1.8(a), 75% for parcels 1.0 ha or greater, of which 60% must
only be used for greenhouse structures.
17.1.9 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) The minimum building width of a principal dwelling unit shall be 5.0 metres, as
originally designed and constructed.
17.1.10 Site Specific Agriculture (AGs) Provisions:
a) Not applicable.
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Page | 130
By Amendment 1380.10 Adopted November 25, 2019
By Amendment Bylaw 1380.26 Adopted May 24, 2022
By Amendment Bylaw 1380.26 Adopted May 24, 2022
17.2 AGRICULTURE TRANSITION (AGX) ZONE
Intent: The intent is to provide a zone for parcels that have historically been zoned
agriculture, but which are no longer within the Agricultural Land Reserve (ALR) and
have been designated for other, non-farm uses under the Official Community Plan.
17.2.1 Permitted Uses:
Principal Uses:
a) agriculture, including sales;
b) single detached dwelling;
Accessory Uses:
c) bed and breakfast operations, subject to Section 6.12;
d) carriage home; subject to Section 6.8;
e) home occupation, subject to Section 6.10;
f) secondary suite, subject to Section 6.7;and
g) accessory buildings or structures, subject to Section 6.9.
h) vacation rental, subject to Section 6.13
17.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha
17.2.3 Minimum Parcel Width for Subdivision:
a) Not applicable
17.2.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
17.2.5 Maximum Number of Dwellings Permitted Per Parcel:
a) one (1) principal dwelling; and
b) one (1) secondary suite or one (1) carriage home.
17.2.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 4.0 metres
Town of Oliver | Zoning Bylaw 1380
Page | 131
iv) Exterior side parcel line 4.5 metres
b) Accessory buildings or structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 4.0 metres
iv) Exterior side parcel line 4.5 metres
17.2.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
17.2.8 Maximum Parcel Coverage:
a) 35%
17.2.9 Dwelling Unit Regulations:
a) The minimum floor area of a dwelling unit shall be 45.0 m2;
b) the minimum building width of a principal dwelling unit shall be 5.0 metres, as
originally designed and constructed.
17.2.10 Keeping of Livestock:
a) On any parcel 2.0 ha or less in area, the total number of horses, sheep, or other
similar large animals shall not exceed one for each 0.4 ha or fraction thereof of
lot or site area in excess of 0.4 ha;
b) On any parcel 2.0 ha or less in area, the total number of fowl, rabbits, or other
small fur-bearing animals, or the number of colonies of bees, shall not exceed 25
plus one for each 50.0m2 or fraction thereof of lot or site area in excess of 0.4 ha;
and
c) despite sub-section (b), in the case of chinchillas, the maximum number allowed
on a lot or site less than 0.4 ha is 500.
17.2.11 Site Specific Agriculture Transition (AGXs) Provisions:
a) in the case of land described as Lot 2, Plan KAP3044, District Lot 2450S, SDYD,
(365 Zinfandel Avenue), and shown shaded yellow on Figure 17.2.11(a):
i) the following accessory use shall be permitted on the land in addition to the
permitted uses listed in Section 17.2.1:
.1 home industry, subject to Section 6.11.
Town of Oliver | Zoning Bylaw 1380
Page | 132
ii) despite Section 6.11, a home industry shall:
.1 be permitted on a parcel less than 2.0 hectares in size;
.2 be carried on in an accessory building or structure;
.3 not occupy a gross floor area greater than 250 m2, including storage of
materials, commodities or finished products associated with the home
industry;
.4 be limited to the processing of agriculture products, including food and
beverage processing and winery.
Figure 17.2.11(a)
Agriculture Transition
Site Specific (AGXs)
(YELLOW SHADED AREA)
NN
Town of Oliver | Zoning Bylaw 1380
Page | 133
18.0 ADMINISTRATIVE, INSTITUTIONAL AND CULTURAL ZONES
18.1 ADMINISTRATIVE, INSTITUTIONAL AND CULTURAL (AI) ZONE
Intent: The intent is to provide a zone for areas that serve the educational, health, civic,
cultural, recreational and social needs of residents.
18.1.1 Permitted Uses:
Principal Uses:
a) art gallery;
b) assembly;
c) assisted living housing;
d) cemetery;
e) child care centre, major;
f) education service, major;
g) protective and emergency services;
h) government services;
i) hospital;
j) indoor recreation;
k) library;
l) museum;
m) outdoor recreation;
Accessory Uses:
n) eating and drinking establishment;
o) offices;
p) storage;
q) retail establishment, minor;
r) workshops;
s) accessory buildings or structures, subject to Section 6.9.
18.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha when not connected to the municipal sewer system; and
b) 450.0 m2, when connected to the municipal sewer system.
Town of Oliver | Zoning Bylaw 1380
Page | 134
18.1.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
18.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
18.1.5 Maximum Floor Area Ratio:
a) 0.8
18.1.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres
18.1.7 Maximum Height:
a) No building or structure shall exceed a height of 18.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
18.1.8 Maximum Parcel Coverage:
a) 50%
18.1.9 Minimum Floor Area:
a) Not applicable
18.1.10 Site Specific Administrative, Institutional and Cultural (AIs) Regulations:
a) Not applicable
Town of Oliver | Zoning Bylaw 1380
Page | 135
Figure 18.1 – AI Zone
Building Envelope
Town of Oliver | Zoning Bylaw 1380
Page | 136
18.2 RESIDENTIAL ASSISTED LIVING (RAL) ZONE
Intent: The intent is to provide a zone to allow the construction of assisted living and
congregate care residential facilities.
18.2.1 Permitted Uses:
Principal Uses:
a) assisted living housing;
Accessory Uses:
b) accessory buildings or structures, subject to Section 6.9.
18.2.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha, when not connected to the municipal sewer system; or
b) 1,800.0 m2, when connected to the municipal sewer system.
18.2.3 Minimum Parcel Width for Subdivision:
a) 20.0 metres
18.2.4 Minimum Parcel Depth for Subdivision:
a) 25.0 metres
18.2.5 Maximum Density:
a) 225 sleeping units per hectare
18.2.6 Maximum Floor Area Ratio:
a) 1.20
18.2.7 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line:
1. 1st & 2nd storey 4.5 metres
2. 3rd & 4th storey 6.0 metres
ii) Rear parcel line 6.0 metres
iii) Interior side parcel line:
1. 1st & 2nd storey 2.4 metres
2. 3rd & 4th storey 6.0 metres
Town of Oliver | Zoning Bylaw 1380
Page | 137
iv) Exterior side parcel line 6.0 metres
b) Accessory buildings or structures:
i) Front parcel line 6.0 metres
ii) Rear parcel line 3.0 metres
iii) Interior side parcel line 2.4 metres
iv) Exterior side parcel line 6.0 metres
18.2.8 Maximum Height:
a) No building or structure shall exceed a height of 18.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
18.2.9 Maximum Parcel Coverage:
a) 50%
18.2.10 Minimum Floor Area:
a) 30.0 m2 per sleeping unit.
18.2.11 Amenity Area Requirements:
a) The following amenity and open space area(s) shall be provided for each dwelling
unit:
i) 40.0 m2 per dwelling unit, of which not more than 5.0 m2 shall be comprised
of private balcony space; and
ii) not less than 25.0% of required amenity space is to be located at grade.
18.2.12 Site Specific Residential Assisted Living (RALs) Regulations:
a) in the case of land described as Lot A, Plan 34439, District Lot 2450s, SDYD (409
Salamander Avenue), and shown shaded yellow on Figure 18.2.12(a):
i) despite Section 18.2.7(a), the minimum setbacks shall be as follows:
.1 front parcel line 6.0 metres
(intersection of Meadows Drive and Salamander Avenue)
.2 exterior parcel line (Meadows Drive) 3.0 metres
.3 exterior parcel line (Salamander Avenue) 3.0 metres
.4 rear parcel line (southern) 3.0 metres
ii) despite Section 18.2.7(b), the minimum rear (southern) parcel line setback
for an accessory building or structure shall be 1.5 metres.
Town of Oliver | Zoning Bylaw 1380
Page | 138
Figure 18.2.12(a)
NN
Residential Assisted Living
Site Specific (RALs)
(YELLOW SHADED AREA)
Town of Oliver | Zoning Bylaw 1380
Page | 139
19.0 PARKS, RECREATION AND OPEN SPACE ZONES
19.1 PARKS, RECREATION AND OPEN SPACE (PR) ZONE
Intent: The intent is to provide a zone for park, open space and recreation needs of residents.
19.1.1 Permitted Uses:
Principal Uses:
a) assembly;
b) cemetery;
c) outdoor recreation facilities;
d) parks;
Accessory Uses:
e) non-motorized recreational equipment sales or rental;
f) accessory buildings or structures, subject to Section 6.9.
19.1.2 Minimum Parcel Size for Subdivision:
a) 1.0 ha when not connected to the municipal sewer system; and
b) 900.0 m2, when connected to the municipal sewer system.
19.1.3 Minimum Parcel Width for Subdivision:
a) 15.0 metres
19.1.4 Minimum Parcel Depth for Subdivision:
a) Not applicable
19.1.5 Maximum Floor Area Ratio:
a) 0.5
19.1.6 Minimum Setbacks:
a) Buildings and structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres
Town of Oliver | Zoning Bylaw 1380
Page | 140
By Amendment 1380.16 Adopted April 12, 2021
b) Accessory buildings or structures:
i) Front parcel line 7.5 metres
ii) Rear parcel line 7.5 metres
iii) Interior side parcel line 1.5 metres
iv) Exterior side parcel line 3.5 metres
19.1.7 Maximum Height:
a) No building or structure shall exceed a height of 10.0 metres;
b) No accessory building or structure shall exceed a height of 5.0 metres.
19.1.8 Maximum Parcel Coverage:
a) 25%
19.1.9 Minimum Floor Area:
a) Not applicable
19.1.10 Site Specific Parks, Recreation and Open Space (PRs) Provisions:
a) In the case of the land described as Lot 1, Plan KAP90396, District Lot 2450s,
SDYD (6431 Station Street), an eating and drinking establishment shall be
permitted as an accessory use in addition to the permitted uses listed in Section
19.1.1.
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Page | 141
20.0 COMPREHENSIVE DEVELOPMENT ZONES
20.1 COMPREHENSIVE DEVELOPMENT ONE (CD1) ZONE
Intent: The intent is to provide a zone for the development of a variety of land uses within a
distinct neighbourhood. The zone will provide for the development of a range of
housing types and sizes and the inclusion of a neighbourhood scale, agriculture-tourism
commercial component.
20.1.1 Context:
The CD1 Zone has been organized into two (2) distinctive sub-areas as illustrated
on Figure 20.1.1 (below). Each area has its own zoning provisions.
20.1.2 Permitted Uses:
a) Area A (Mixed Density Residential)
Principal Uses:
i) single detached dwelling;
ii) duplex;
iii) townhouse;
NN
Area B
Area A
Figure 20.1.1
LEGEND
Area A
Area B
Town of Oliver | Zoning Bylaw 1380
Page | 142
By Amendment Bylaw 1380.26 Adopted May 24, 2022
iv) apartment building;
Accessory Uses:
v) bed and breakfast operation, subject to Section 6.12;
vi) carriage home, subject to Section 6.8;
vii) home occupation, subject to Section 6.10;
viii) secondary suite, subject to Section 6.7;
ix) vacation rental;
x) accessory buildings or structures, subject to Section 6.9.
b) Area B (Mixed Use Commercial)
Principal Uses:
i) apartment building;
ii) artisan studio;
iii) convenience store;
iv) eating and drinking establishment, excluding mobile catering food services
and fast food restaurant;
v) food and beverage processing;
vi) hotel;
vii) motel;
viii) personal service establishment;
ix) townhouse;
Accessory Uses:
x) home occupation, subject to Section 6.10;
xi) accessory buildings or structures, subject to Section 6.9.
20.1.3 Minimum Parcel Size for Subdivision:
a) 1.0 ha when not connected to the municipal sewer system; or
b) Area A (Mixed Density Residential), when connected to the municipal sewer
system:
i) 1,400.0 m2 for apartment buildings.
ii) 1,400.0 m2 for townhouses.
iii) 700.0 m2 for duplexes; or
iv) 800.0 m2 for duplexes where the parcel has an exterior side boundary.
v) 360.0 m2 for single detached dwellings; or
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vi) 375 m2 for single detached dwellings where the parcel has an exterior side
boundary.
c) Area B (Mixed Use Commercial) when connected to the municipal sewer system:
i) 975.0 m2.
20.1.4 Minimum Parcel Width for Subdivision:
a) Area A (Mixed Density Residential):
i) 30.0 metres for apartment buildings.
ii) 25.0 metres for townhouses; or
iii) 28.0 metres for townhouses where the parcel has an exterior side boundary.
iv) 18.0 metres for duplexes; or
v) 21.0 metres for duplexes where the parcel has an exterior side boundary.
vi) 12.0 metres for single detached dwellings; or
vii) 13.0 metres for single detached dwellings where the parcel has an exterior
side boundary.
b) Area B (Mixed Use Commercial):
i) 30.0 metres
20.1.5 Minimum Parcel Depth for Subdivision:
a) Area A (Mixed Density Residential):
i) 30.0 metres
b) Area B (Mixed Use Commercial):
i) 30.0 metres
20.1.6 Minimum Number of Dwellings Permitted Per Parcel:
a) Area A (Mixed Density Residential):
i) 7 dwelling units per hectare
b) Area B (Mixed Use Commercial):
i) Not applicable
20.1.7 Maximum Number of Dwellings Permitted Per Parcel:
a) Area A (Mixed Density Residential):
i) 45 dwelling units per hectare, with the number of dwelling units determined
as follows:
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Permitted Use Type Density
Single Detached Dwellings 1.00
Duplexes (i.e. “two separate dwelling units”) 1.00
Townhouses & Apartment Buildings
(units greater than 50 m2) 0.66
Townhouses & Apartment Buildings
(units less than or equal to 50 m2) 0.33
b) Area B (Mixed Use Commercial):
i) 45 dwelling units per hectare, with the number of dwelling units determined
as follows:
Permitted Use Type Density
Duplexes (i.e. “two separate dwelling
units”) 1.00
Townhouses & Apartment Buildings
(units greater than 50 m2) 0.66
Townhouses & Apartment Buildings
(units less than or equal to 50 m2) 0.33
Hotel or Motel 0.33 / accommodation unit
Commercial 1.00 / 200.0 m2 gross floor
area
20.1.8 Maximum Floor Area Ratio:
a) Area A (Mixed Density Residential):
i) Not applicable
b) Area B (Mixed Use Commercial):
i) Not applicable
20.1.9 Minimum Setbacks:
a) Area A (Mixed Density Residential):
i) Buildings and structures:
.1 Front parcel line:
a) parent parcel 5.0 metres
b) strata parcel 2.5 metres
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.2 Rear parcel line 6.0 metres
.3 Interior side parcel line:
a) single detached dwellings 1.5 metres
b) duplexes, townhouses & apartment 1.2 metres
buildings (1st & 2nd storey)
c) duplexes, townhouses & apartment 2.3 metres
buildings (3rd storey & greater)
.4 Exterior side parcel line 3.5 metres
ii) Accessory buildings or structures:
.1 Front parcel line 5.0 metres
.2 Rear parcel line 1.5 metres
.3 Interior side parcel line 1.2 metres
.4 Exterior side parcel line 4.5 metres
b) Area B (Mixed Use Commercial):
i) Buildings and structures:
.1 Front parcel line 6.0 metres
.2 Rear parcel line 7.0 metres
.3 Interior side parcel line 0.0 metres
.4 Exterior side parcel line 0.0 metres
ii) Accessory buildings or structures:
.1 Front parcel line 6.0 metres
.2 Rear parcel line 7.0 metres
.3 Interior side parcel line 0.0 metres
.4 Exterior side parcel line 0.0 metres
20.1.10 Maximum Height:
a) Area A (Mixed Density Residential)
i) No building or structure shall exceed a height of 9.5 metres;
ii) No accessory building or structure shall exceed a height of 4.5 metres,
subject to Section 6.8;
iii) Despite sub-section (i), apartment buildings shall not exceed a height of 18.0
metres;
b) Area B (Mixed Use Commercial)
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i) No building or structure shall exceed a height of 12.0 metres;
ii) No accessory building or structure shall exceed a height of 5.0 metres,
subject to Section 6.8;
iii) Despite Section 20.1.10(b)(i) buildings or structures containing commercial
uses on the ground floor shall not exceed a height of 18.0 metres.
20.1.11 Maximum Parcel Coverage:
a) Area A (Mixed Density Residential):
i) 45%
b) Area B (Mixed Use Commercial):
i) 45%
20.1.12 Minimum Floor Area:
a) Area A (Mixed Density Residential):
i) 45.0 m2 for dwelling units.
b) Area B (Mixed Use Commercial):
i) 45.0 m2 for dwelling units.
20.1.13 Amenity Area Requirements:
a) Area A (Mixed Density Residential):
i) The following amenity and open space area(s) shall be provided for each
duplex, townhouse and apartment building dwelling unit:
.1 28.0 m2 per unit with more than 1 bedroom; and
.2 18.0 m2 per unit with 1 bedroom.
b) Area B (Mixed Use Commercial):
i) The following amenity and open space area(s) shall be provided for each
duplex, townhouse and apartment building dwelling unit:
.1 28.0 m2 per unit with more than 1 bedroom; and
.2 18.0 m2 per unit with 1 bedroom.
20.1.14 Conditions of Use:
a) Area A (Mixed Density Residential):
i) Not applicable
b) Area B (Mixed Use Commercial):
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i) Food and beverage, processing and packaging activities must be designed
and operated in a way which prevents the discharge or emission of noxious
or toxic matter or vapors, heat, glare, noise or recurrent vibrations which
interfere with, disturb or tend to disturb the use of adjacent or neighbouring
properties.
20.1.15 Site Specific Comprehensive Development One (CD1s) Provisions:
a) Not applicable
- end of Schedule ‘A’ -