Bylaw 72 Subdivision Servicing

CENTRAL COAST REGIONAL DISTRICT BYLAW NO. 71, 1984

Being a bylaw of the Central Coast Regional District to regulate the location and use of buildings and structures and the use of land, including the surface of water within Electoral Areas C, D and E of the Central Coast Regional District and for that purpose to divide into zones pursuant to the provisions of the Local Government Act, having due regard to the promotion of health, safety, convenience and overcrowding of land and preservation of the amenities peculiar to any zone; the securing of adequate light, air and access; the value of the land and the nature of its present and prospective use and occupancy; the character of the buildings already erected and the peculiar suitability of the zone for particular uses; and the conservation of property values.

WHEREAS the Regional Board may, pursuant to Sec. 280.1 of the Local Government Act, consolidate one or more of the bylaws of the regional district;

AND WHEREAS the Regional Board deems it expedient to consolidate Bylaw No. 71, 1984 up to and including Amending Bylaw No. 316, 2003;

NOW THEREFORE, the Regional Board of the Central Coast Regional District in open meeting assembled, enacts as follows:

CENTRAL COAST REGIONAL DISTRICT

BELLA COOLA VALLEY CONSOLIDATED ZONING BYLAW NO. 71, 1984 and AMENDMENT BYLAW NO. 361, 2003

SECTION 1.0 - APPLICATION

1.1 Title

This bylaw may be cited as the Central Coast Regional District, Bella Coola Valley Consolidated Zoning Bylaw No. 71,

1.2 Applicability

This Bylaw shall be applicable to those parts of Electoral Areas C, D, and E of the Central Coast Regional District as outlined on Schedule, A which is attached to and forms part of the Bylaw.

1.3 Severability

If any part of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction it shall not affect the validity of the remaining portions of this Bylaw.

SECTION 2.0 - DEFINITIONS

In this Bylaw, unless the context otherwise requires:

• “Accessory residential use” means a use accessory to an agricultural, forestry, commercial, retail, assembly, civic, traveller accommodation, entertainment, gravel processing, log sorting, industrial, transportation, or campground use, where a building is used for one dwelling unit for the accommodation of an owner, operator, manager or employee on the same lot as that on which the use occurs.
• “Accessory to” means customarily associated with.
• “Agricultural use” means a use providing for the growth, rearing, producing, and the harvesting of agricultural products; includes the processing on an individual farm of the primary agricultural products harvested, reared or produced on that farm, the storage of farm machinery, implements used on that farm and the retail sale of produce grown on that farm, and excluding all manufacturing, processing, storage and repairs not specifically included in this definition.
• “Apartment building” means any building divided into not less than three dwelling units each of which is occupied or intended to be occupied as a permanent home of one family.
• “Assembly use” means a use providing for the assembly of persons for private educational purposes, religious, charitable, philanthropic, cultural, or recreational purposes; includes but is not restricted to, churches, arenas, swimming pools, auditoriums, youth centres, social halls, group camps, private schools, kindergartens, playschools, day nurseries and daycare centres.
• “Building” means a structure wholly or partly enclosed by a roof or roofs supported by walls, columns, or posts.
• “Campground use” means a use providing designated sites for the accommodation of the travelling public in tents, camper vehicles or travel trailers; and may include personal service facilities to accommodate the needs of the occupants; but specifically excludes the retail sale of trailer, campers and tents, and residential camp use.
• “Civic use” means a use providing for public function; includes schools, colleges, public hospitals, community centres, libraries, museums, parks, playgrounds, cemeteries, jails and prisons, courts of law, fire halls, gravel extraction and uses ancillary to public functions, excludes public storage and works yards.
• “Commercial use” means a use providing for the selling of goods and services including restaurants, cafes, bowling alleys, amusement arcades, pool halls, bakeries and associated ancillary services; the servicing and repair of goods, office functions, retail sales, wholesaling incidental to retail sales, warehousing incidental to retail sale, commercial education and instruction and medical services, servicing and repair of automobiles, gasoline sales, household services and all associated repairs, other personal and non-personal services, administrative, commercial and professional offices, premises licensed to see liquor, excludes manufacturing, salvaging, the selling, servicing and repair of industrial and agricultural machinery.
• “Community sewer system” means a system of sewerage or sewage disposal within the meaning of Section 24 of the Health Act, which is owned, operated and maintained by an Improvement District under the Local Government Act, or by a Strata Corporation, or by a Regional District.
• “Community water system” means a system of waterworks within the meaning of Section 21 of the Health Act, which owned, operated and maintained by an Improvement District under the Local Government Act, or by a Strata Corporation, or by a Regional District, of which is regulated under the Water Utilities Act.
• “Designated flood” means
  1. a flood which has a statistical frequency of occurrence of once every 200 years, or
  2. a flood with recorded levels equal to or greater than those of 200-year flood.
• “Flood construction level” means the designated flood level plus the allowance for freeboard (normally 0.6 metres) and is used to establish the elevation of the underside of a wooden floor system or top of concrete slab for habitable buildings or the ground surface elevation or top of concrete or asphalt pad upon which a mobile home or unit rests.
• “Entertainment use” means a use providing for the entertainment of the public, in theatres, restaurants, cafes, bowling alleys, amusement arcades, pool halls, and associated ancillary sales.
• “Forestry use” means a use providing for the extraction of primary forest resources on a lot,and includes only the preliminary grading and/or cutting of such material for shipment or for consumption on the same lot but specifically excludes all milling, manufacturing and retail sale of products and any processing not specifically included in this definition.
• “Front lot line” means the lot line common to the lot and an abutting street.Where a lot has lot lines abutting two or more streets the lot line with the shorter distance abutting a street is the front lot line.
• “Height” means the vertical distance from the average finished ground level at the perimeter of a building or structure, to the highest point of the roof surface of a float roof, to the deck line of a mansard roof, and the mean level between the eaves and the ridge of a gable, hip, gambrel or other sloping roof, to the highest point of the structure.
• “Home occupation” means any occupation or profession carried on for consideration which is clearly incidental to the residential use of the lot.
• “Lot” means any parcel, block or other area in which land is held or into which it is subdivided including a strata lot under the Condominium Act.(Added by Amending Bylaw No. 113, 1987)
• “Lot coverage” means the total horizontal area covered by all buildings and structures or projections thereof on a lot, and is expressed as a percentage of the lot area.
• “Natural boundary” means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary areas as to mark upon the soil or the bed of the lake, river, stream or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself.
• “Rear lot line” means the lot line opposite to the front lot line.
• “Residential camp” means a use providing for the accommodation, in dormitory fashion of work crews servicing specific construction projects.
• “Retail use” means a use providing for the selling of goods, for the servicing and repair of goods; includes restaurants and personal service establishments, retail sales, servicing and repair of automobiles, gasoline sales.
• “Setback” means the required minimum distance between the building or use and each of the respective property lines.
• “Side lot line” means a lot line intersecting with the front lot line and marking the boundary between two lots, or between a lot and line or street in the case of a corner lot.
• “Silviculture” means a use providing for the cultivation of forests and forest stock.
• “Single family dwelling” means a residential detached building, consisting of one dwelling unit, and used for residential purposes.
• “Structure” means any construction fixed to, supported by, or sunk into land or water, but excludes fences.
• “Townhouses” means a block of at least three side by side dwelling units where each dwelling unit is separated from each other by a common wall.
• “Transportation use” means a use providing for the shipping and receiving of goods and people including airports, docks, and truck terminals.
• “Traveller accommodation use” means a use providing for the accommodation of the travelling public in motels, hotels or cabins and includes restaurants, cafes and other services and entertainment uses associated with motels and hotels.
• “Two family dwelling” means a building used exclusively for residential purposes consisting of two structurally connected dwelling units.
• “Watercourse” is any natural or manmade depression with well defined banks and a bed 0.6 metres or more below surrounding land serving to give direction to a current of water at least six months of the year or having a drainage area of two square kilometres or more upstream of the point of consideration, or as required by a designated official of the Ministry of Environment of the Province of British Columbia.

SECTION 3.0 - ADMINISTRATION

3.1 Administration

The Secretary-Treasurer or such other person appointed by the Regional Board shall administer this Bylaw.

3.2 Penalty

Every person who violates any of the provisions of this Bylaw, or who permits an act in contravention or violation of this Bylaw or who neglects or refrains to do anything required by provisions of this Bylaw shall be guilty of an offence, and upon summary conviction liable to a fine and penalty not exceeding $2,000.

3.3 Bylaw Amendments

Except for amendments initiated by the Regional District any person applying to have this bylaw amended shall apply in writing to the Secretary-Treasurer.Such application shall be in the form of application prescribed in the “Central Coast Regional District Development Procedure Bylaw”.

SECTION 4.0 - GENERAL PROVISIONS

4.1 Uses of Land, Buildings and Structures

Land shall not be used and buildings and structures shall not be constructed, altered, located, moved, occupied or used contrary to this Bylaw.

4.2 Zoning Districts

For the purposes of this Bylaw, the area within portions of Electoral Area C, D and E as shown on Schedule A, are hereby classified or divided into Zoning Districts, with the following district designations and their short form equivalents.

The short form equivalent is deemed a sufficient reference to denote a specific zone.

• Agricultural District A-1
• Large Holdings District R-1
• Small Holdings District R-2
• Urban Residential District R-3
• Two Family Residential District R-4
• Mobile Home Park Residential District R-5
• Multiple Family Residential District RM-1
• Multiple Family Residential District RM-2
• General Commercial District C-1
• Local Commercial District C-2
• Heavy Industrial District I-1
• Light Industrial District I-2
• Public and Assembly District P-1

4.3 Official Zoning Maps

1. The locations of the zoning districts established by this Bylaw are Zoning Map 1 and Zoning Map 2.
2. Where the zoning district boundary is designated as following a road allowance, waterway or right-of-way, the centreline shall be the zoning district boundary.
3. Where legal description is used to refer to a zoning change the legal description will take precedence over a Map Schedule description.

4.4 Height and Siting of Buildings and Structures

1. The siting and maximum height requirements for all buildings shall be as specified for each zone, unless specifically permitted otherwise by these regulations.
2. Accessory buildings shall not be permitted in any required front setback.Accessory buildings may be permitted in a side or rear setback, provided the building is situated not less than 1.5m from a property line.

4.5 Setback Exceptions

The following are exempt from setback requirements:

1. Steps and wheelchair ramps.
2. Eaves, gutters, cornices, sills, bay windows, chimneys, open porches, canopies, sunshades, or similar features provided such projections do not exceed 0.6 metres.

4.6 Uses Permitted in All Zones

A civic use is permitted in any zone and no minimum lot area is required.

4.7 Visibility

To preserve visibility, lots abutting a road intersection shall be kept free from buildings and structures, in an area described as between 1 and 3 metres in height, and comprising a triangular area formed by measuring back 5 metres on each lot line abutting the road intersection and a line joining these two points.

4.8 Existing Lots

Any lot or lots that are shown on a plan deposited in the Land Title Office prior to the passing of this Bylaw, which has less than the minimum area required for the zone in which that lot is situated, may be used for any permitted use in that zone, subject to all of the other regulations for that zone.

4.9 Home Occupation

Home occupations are permitted provided that:

1. All activities including storage of goods pertaining to a Home Occupation:
   1. are, exceptas otherwise provided for, to be conducted entirely within a dwelling unit without the need for structural alteration, except where it involves horticulture;
   2. may in an A-1 or R-1 zone be contained within an accessory building or structure provided the building or structure does not exceed 100 square metres;
   3. shall not involve the exterior storage of any material used in the processing or resulting from the processing of any products;
2. Or:
   1. it is only conducted by a resident of the dwelling unit on the lot;
   2. not more than five employees may be employed on the premises.

4.10 Siting for Flood Control

1. Except as otherwise permitted in this Bylaw, no building nor any part of a building shall beconstructed, reconstructed, moved or extended, nor shall any mobile or modular home or structure be located:
   1. Within 120 m of the natural boundary of the Bella Coola River, nor within 30 m of any side channel of theBella Coola River except between Burke and La Bouchere Avenues in the Townsite of Bella Coola;
   2. Within 15 m of the natural boundary of any other watercourse;
   3. Within 30 m of the natural boundary of North Bentinck Arm;
   4. Within 30 m of any watercourse within an alluvial fan designation;
2. Except as otherwise permitted in this Bylaw, no building shall be constructed or extended:
   1. with the underside of the floor system of any area used for habitation, business, or storage of goods damageable by floodwaters;
   2. lower than the flood construction level for the Bella Coola River where it has been determined;
   3. Where the flood construction level has not been determined:
   4. lower than 3 m above the natural boundary of the Bella Coola River
   5. for rivers having an alluvial fan designation no lower than 0.6 m above the natural ground elevation within the fan area and 3 m above the natural boundary upstream from the fan area;
   6. nor lower than 1.5 m above the natural boundary of any other watercourse;
   7. but in any case, no lower than 6 m Geodetic Survey of Canada datum, which shall include the sea on Bentinck Arm.
3. Residential dwelling units situated on a parcel 8.0 hectares or larger within the Agricultural Land Reserve, shall be constructed with a floor system no lower than 1 m above the natural ground.
4. On the alluvial fan area, residential dwelling units shall be constructed with the underside of the floor system no lower than 0.6 mabove natural ground elevation.
5. Close-sided livestock housing shall be constructed with the underside of the floor system no lower than 1.0 m above the natural elevation (0.6 m above natural ground elevation on the alluvial fan areas).
6. The restrictions in Clauses 2, 3, and 4 above do not apply to:
   1. farm buildings (except those used for residential habitation and close-sided livestock housing), carports, garages, greenhouses, wharves, and boathouses;
   2. to renovations or extensions to existing residential buildings where the extension of the building is less than 25% of the floor area of the building existing as of June 1978.

SECTION 5.0 - DEVELOPMENT PERMITS

(Wording replaced by Amending Bylaw No. 92, 1986 which was repealed by Amending Bylaw No. 113, 1987)

5.1 Development Permits

The Regional Board may, by resolution, on the application of an owner of land, issue a Development Variance Permit that may, in respect of the land covered in the permit, carry the provisions of the bylaw, except:

1. the use or density of the land specified in this bylaw;
2. floodplain specifications and setbacks.

5.2 Form and Procedure for Permits

Applications, procedures and fees for development permits shall be established in the “Central Coast Regional District Development Procedure Bylaw”.

SECTION 6.0 - PARKING AND LOADING PROVISIONS

6.1 Development

1. Where any development takes place, off-street parking and loading shall be provided and maintained in accordance with the regulations contained in this Bylaw.
2. Except in the case of dwellings located in a residential district, required off-street parking areas may be located on a different lot than the building or use requiring the parking provided that such parking facility is located not more than 150 metres from any building or use being served.
3. Off-street parking and off-street loading shall be provided and maintained in accordance with this bylaw for any addition to an existing building or structure, or any change or addition to such existing use.

6.2 Units of Measurement

1. Where gross floor area is used as a unit of measurement for the calculation of required parking spaces, it shall include the floor area of accessory buildings and basements, except where they are used for parking, heating and storage.
2. Where the number of employees is used as a unit of measurement, it shall mean the greatest number of persons at work at any time, in a particular building or site for a particular use.
3. Where seating accommodation is used as a unit of measurement, and such accommodation consists of benches, pews, booths and the like, each one-half metre of width of such seating accommodation shall be counted as one seat.
4. When the calculation of parking requirements results in a fractional requirement of 0.5 or more, one parking space shall be provided to meet this fractional requirement.

6.3 Required Off-Street Parking Spaces

Off-street vehicular parking or garage spaces shall be provided in accordance with the standards in this Section.In the case of a use not specifically mentioned, the required off-street parking spaces shall be the same as for a similar use.

USE PARKING REQUIREMENT

Single or Two Family Dwelling

• 2 spaces per dwelling unit

Multiple Family Dwelling and Mobile Home Parks

• 1.5 spaces per dwelling unit
• Dwelling Related to Commercial and other premises
• 1 space per dwelling unit

Retail Stores and Personal Service Establishments

• 1 space per 30 sq. metres

Banks and Offices

• 1 space per 35 sq. metres

Restaurants, Beer Parlours, Cocktail Lounges, and Similar Uses

• 1 space per 5 seats

Hotel

• 1 space per 2 sleeping rooms

Motel

• 1.25 spaces per sleeping unit

Gasoline Service Stations, Car Wash

• 1 space per 2 employees plus 1 space/service bay

Taxi Office

• 1 space per vehicle operating from taxi office

Airport and Bus Freight Terminals

• 1 space per 18 sq. metres of waiting room plus 1 space per 2 employees

Churches

• 1 space per 10 seats plus 1 space per 18 sq. metres gross floor area used for assembly

Hospitals

• 1 space per 2 staff doctors plus 1 space per 4 employees, plus 1 space per 5 beds

Schools

• Kindergarten, Elementary and Junior High
• 1 space per staff member
• Senior High
• 1 space per staff member plus 1 space/10 students
• Place of Public Assembly such as Community Halls, Clubs, Theatres, Arenas, Recreational Uses and Similar Uses
• 1 space per 20 sq. metres

Manufacturing, Industrial Buildings, Wholesale Establishments and Similar Uses

• 1 space per 2 employees

6.4 Location of Parking and Loading

• No parking or loading shall be located within a required front or side setback.

6.5 Development Standards

1. Every off-street parking space shall have convenient and safe vehicle access to a public thoroughfare.
2. All off-street parking spaces shall have a clear length of not less than 5.5 metres, a clear width of not less than 2.5 metres and a clear height of not less than 2.2 metres.When a parking space adjoins a fence or structure over 0.3 metres in height, the width of the parking space shall be increased by 0.3 on the side or sides which abut such fence of structure to enable the opening of vehicular doors.
3. Provision shall be made for individual ingress or egress by vehicles to all parking spaces at all times by means of unobstructed manoeuvring aisles.Manoeuvring aisles of not less than the following width shall be provided:
4. Parking Angle in Degrees Width of Aisle in Metres
   • 90 7.5
   • 60 5.0
   • 45 and less 3.5

6.6 Design of Loading Spaces

• An off-street loading area shall have dimension of not less than 3 metres in width, 9.0 metres in length and 4.0 metres in height.

6.7 Required Off-Street Loading Spaces

• Commercial, Industrial Use 1 space per building with a gross floor area of 475 sq. metres or greater

SECTION 7.0 - AGRICULTURAL DISTRICT, A-1

7.1 Uses Permitted

In the A-1 zone, subject to Federal and Provincial Legislation, the following uses are permitted and all others are prohibited:

1. agricultural use
2. forestry use
3. silviculture
4. residential camp
5. campground use
6. single family dwelling
7. two family dwelling
8. home occupation
9. accessory buildings and uses

7.2 Lot Area

• Each lot shall have an area of not less than 2 hectares (4.94 acres)

7.3 Siting of Buildings and Structures

No building or structure shall be sited less than:

1. 7 metres from a front lot line
2. 7 metres from a rear lot line
3. 5 metres from a side lot line

7.4 Height of Buildings and Structures

The height of buildings and structures shall not exceed 9 metres.

7.5 Buildings Per Lot

Not more than one residential use building shall be erected on one lot, except for lots with an area of 4 hectares (10 acres) or more where a maximum of 2 dwelling units are permitted.

SECTI0N 8.0 - LARGE HOLDINGS DISTRICT, R-1

8.1 Uses Permitted

In the R-1 zone the following uses are permitted and all others are prohibited:

1. agricultural use
2. forestry use
3. silviculture
4. residential camp
5. campground use
6. single family dwelling
7. home occupation
8. accessory buildings and uses

8.2 Lot Area

Each lot shall have an area of not less than 8,000 square metres (2 acres).

8.3 Siting of Buildings and Structures

No building or structure shall be sited less than:

1. 7 metres from a front lot line
2. 7 metres from a rear lot line
3. 5 metres from a side lot line

8.4 Height of Buildings and Structures

The height of buildings andstructures shall not exceed 9 metres.

8.5 Buildings Per Lot

Not more than one dwelling unit shall be erected on one lot, except for lots with an area of 4 hectares (10 acres) or more where a maximum of 2 dwelling units are permitted.

SECTION 9.0 - SMALL HOLDINGS DISTRICT, R-2

9.1 Uses Permitted

In the R-2 zone the following uses are permitted and all others are prohibited:

1. single-family dwelling
2. home occupation
3. accessory buildings and uses

9.2 Lot Area (Amending Bylaw No. 92, 1986 amended to read the following)

Each lot shall have an area of not less than 4, 000 square metres (1 acre).

9.3 Siting of Buildings and Structures

No building or structure shall be sited less than:

1. 7 metres from a front lot line
2. 7 metres from a rear lot line
3. 5 metres from a side lot line

9.4 Height of Buildings and Structures

The height of buildings and structures shall not exceed 9 metres.

9.5 Buildings per Lot

Not more than one dwelling unit shall be erected on one lot.

9.6 Lot Coverage

The maximum lot coverage shall be 15% of the lot area.

SECTION 10.0 - URBAN RESIDENTIAL DISTRICT, R-3

10.1 Uses Permitted

In the R-3 zone the following uses are permitted and all others are prohibited.

1. single-family dwelling
2. home occupation
3. accessory buildings and uses
4. two family dwelling
5. townhouse

10.2 Lot Area

Each lot shall have an area of not less than 2,000 square metres (1/2 acre).

10.3 Siting of Buildings and Structures

No building or structure shall be sited less than:

1. 7 metres from a front lot line
2. 7 metres from a rear lot line
3. 2 metres from a side lot line or 4.5 metres where the side lot line flanks a street

10.4 Height of Buildings and Structures

The height of buildings and structures shall not exceed 9 metres.

SECTION 10.1 - TWO FAMILY RESIDENTIAL DISTRICT, R-4

This section added by Amendment Bylaw No. 81, 1985

10.1.1 Uses Permitted

In the R-4 zone the following uses are permitted and all others are prohibited:

1. single-family dwelling
2. two family dwelling
3. home occupation
4. accessory buildings and uses

10.1.2 Lot Area

Each lot shall have a area of not less than 1,000 square metres (1/4 acre), except where no community water system is provided each lot shall have an area of not less than 2,000 square metres (1/2 acre).

10.1.3 Siting of Buildings and Structures

No building or structure shall be sited less than:

1. 7 metres from a front lot line
2. 7 metres from a rear lot line
3. 2 metres from a side lot line or 4.5 metres where the side lot line flanks a street

10.1.4 Height of Buildings and Structures

The height of buildings and structures shall not exceed 9 metres.

10.1.5 Lot Coverage

The maximum lot coverage shall be 50% of the lot area.

10.1.6 Buildings per Lot

Not more than one dwelling unit shall be erected on one lot.

SECTION 10.2 - MOBILE HOME PARK RESIDENTIAL DISTRICT, R-5

10.2.1 Uses Permitted

In the R-5 zone the following uses are permitted and all others are prohibited:

1. Mobile home parks
2. Accessory residential use for caretaker of the mobile home park
3. Home occupations
4. Accessory buildings and uses

10.2.2 Conditions of Use

Mobile home parks shall comply with the provisions of the Central Coast Regional District Residential Mobile Home Parks Bylaw No. 146, 1989.

10.2.3 Lot Area

Each lot shall have an area of not less than 1 hectare (2.5 acres).

SECTION 11.0 - MULTIPLE FAMILY RESIDENTIAL DISTRICT, RM-1

11.1 Uses Permitted

In the RM-1 zone the following uses are permitted and all others are prohibited:

1. townhouses
2. apartment buildings
3. home occupations
4. accessory buildings and uses

11.2 Lot Area

Each lot for townhouses or an apartment building shall have an area of not less than 2,000 square metres (1/2 acre).

11.3 Density

The maximum permitted density for townhouses shall be 1 unit per 500 square metres of lot area and for an apartment building shall be 1 unit per 250 square metre of lot area.

11.4 Siting of Buildings and Structures

No building or structure shall be sited less than:

1. 7 metres from a front lot line
2. 7 metres from a rear lot line
3. 5 metres from a side lot line

11.5 Height of Buildings and Structures

The height of buildings and structures shall not exceed 12 metres.

11.6 Lot Coverage

The maximum lot coverage shall be 35% of the lot area.

SECTION 11A.0 - MULTIPLE FAMILY RESIDENTIAL DISTRICT, RM-2