Zoning Bylaw No. 12375

Sections 14.10 - 14.13 Subdivision & Development Regulations

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Last Updated: 
March 18, 2024
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Sections 14.10 - 14.13 Subdivision & Development Regulations
14.10 Subdivision Regulations
Section 14.10 Subdivision Regulations
m = metres / m2 = square metres
Zones
Minimum Lot WidthMinimum Lot DepthMinimum Lot Area .1Maximum Lot Area
C140.0 m except 18.0 m if site abuts a lane.30.0 m830 m21,500 m2
C240.0 m except 30.0 m if site abuts a lane.30.0 m1,000 m2n/a
CA140.0 m except 13.0 m if site abuts a lane.30.0 m1,200 m2 except 460 m2 if site abuts a lane.n/a
VC1 Village Centre25.0 m30.0 m750 m2n/a
UC1 (Downtown)6.0 m30.0 m200 m2n/a
UC2 (Capri /Landmark)40.0 m except 13.0 m if site abuts a lane.30.0 m1,200 m2 except 460 m2 if site abuts a lane.n/a
UC3 (Midtown)
UC4 (Rutland)
UC5 (Pandosy)
I140.0 m35.0 m2,000 m2n/a
I24,000 m2n/a
I38,000 m2n/a
I4100.0 m1000.0 m10,000 m2n/a
P113.0 m30.0 m460 m2n/a
P218.0 m30.0 m660 m2n/a
P3n/an/an/a
P4n/an/an/a
P513.0 m30.0 m460 m2n/a
HD130.0 m30.0 mn/a
W1n/an/an/a
W2n/an/an/a
FOOTNOTES (Section 14.10):
.1 The minimum lot area listed in the table above only applies to lots that have a connection to the community sanitary sewer system (as described within the City of Kelowna’s Subdivision and Servicing Bylaw 7900). If a lot does not have an installed connection to the community sanitary sewer system, then the minimum lot area is 10,000 m2.
14.11 Commercial and Urban Centre Zone Development Regulations
Section 14.11 Commercial and Urban Centre Zone Development Regulations
m = metres / m2 = square metres
CriteriaZones
C1C2CA1VC1UC1UC2UC3UC4UC5
Max. Site Coverage of all Buildings50%65%75%75%100%100% or 85% .13100% or 85% .13100% or 85% .13100% or 85% .13
Max. Site Coverage of all Buildings, Structures, and Impermeable Surfaces70%85%85%85%100%100% or 90% .9100% or 90% .9100% or 90% .9100% or 90% .9
Max. Density and Max. HeightSee Section 14.14 for Density and Height Regulations
Min. Front Yard and Flanking Side Yard Setback for all portions of a building that are not Ground-Oriented2.0 m .122.0 m .124.5 m .1, .123.0 m .1, .120.0 m .1, .123.0 m .2, .123.0 m .2, .123.0 m .2, .123.0 m .2, .12
Min. Front Yard and Flanking Side Yard Setback for Ground-Oriented, Residential2.0 m .122.0 m .12

3.0 m .1 , .12

3.0 m .1 , .12

0.0m .12

3.0 m .1 , .12

3.0 m .1 , .12

3.0 m .1 , .12

3.0 m .1 , .12

Min. Front Yard and Flanking Side Yard Setback for Ground-Oriented, Commercial2.0 m .122.0 m .122.0 m .122.0 m .12

0.0m .2, .12

2.0 m .2, .122.0 m .2, .122.0 m .2, .122.0 m .2, .12
Min. Building Stepback from Front Yard and Flanking Side Yardn/an/a3.0 m .143.0 m .143.0 m .143.0 m .143.0 m .143.0 m .143.0 m .14
Min. Side Yard Setback3.0 m0.0 m .33.0 m3.0 m .6, .80.0 m .2, .30.0 m .2, .33.0 m .2, .30.0 m .2, .30.0 m .2, .3
Min. Rear Yard Setback3.0 m .40.0 m .44.5 m .5, .74.5 m .7, .80.0 m .20.0 m .2, .43.0 m .2, .40.0 m .2, .40.0 m .2, .4
Min. Common and Private Amenity Space7.5 m2 per bachelor dwelling unit
15.0 m2 per 1-bedroom dwelling unit
25 m2 per dwelling unit with more than 1-bedroom .11

6.0 m2 per bachelor dwelling unit
10.0 m2 per 1-bedroom dwelling unit
15 m2 per dwelling unit with more than 1-bedroom .11

Min. Accessory Buildings or Structures SetbacksAn accessory building or structure shall follow the setbacks within that zone except the setback shall not be less than 1.6 m when abutting a urban residential or rural residential zone.
Upper Floor SetbacksFor any portion of a building abutting a street a 3.0 m setback is required for any portion of the building above the lesser of 16 m or four storeys.
Corner LotsFor any building greater than 18.0 m or 4 storeys and located on a corner lot, there shall be a triangular setback 4.5 m in length along the lot lines that meet at each corner of an intersection. This setback will only be required at the first storey. See visual example of Corner Lot Setbacks (Figure 9.11.1).
Urban PlazasAny site within an urban centre larger than 4,000 m2 with a building length larger than 100 m shall provide an urban plaza at grade.
Tall Building RegulationsFor tower and podium regulations refer to Section 9.11 Tall Building Regulations.
Min. and Max. Commercial or Residential Floor Area based on Fronting Street TypeThe commercial and residential principal use floor area restriction is based on street type as defined in the City of Kelowna’s Official Community Plan (See Maps: 4.2 Downtown, 4.4 Capri-Landmark, 4.6 Pandosy, 4.8 Rutland, & 4.10 Midtown). Secondary uses are permitted in accordance with Section 14.9. Any building on streets classified as a:
•     High Streets or Retail Streets shall provide ground-floor commercial principal uses, which must occupy a minimum of 90% of the street frontages. Access driveways or other portions of the street frontage not used as a building will not be considered for the purpose of this calculation. Any combination of commercial and residential principal uses is permitted above the ground-floor.
•     Mixed Streets can contain any combination of commercial and residential principal uses at the ground floor and above
•     Mixed Residential Streets can contain any combination of ground-floor commercial or residential principal uses. One hundred percent (100%) of the floor area above the ground-floor shall be residential principal uses.
•     Residential Streets shall contain one hundred percent (100%) of the floor area as residential principal uses.
Max. Parkade ExposureOn the first floor, there shall be no parkade exposure to the primary street and the secondary street may have up to 25% of that frontage (access driveways will not be considered as exposure).
Min. Riparian Management Area and Trail widthAny lot with three or more dwelling units that is abutting a watercourse or a riparian area must have the Minimum Riparian Management Area (RMA), as described in Table 21.1 of the OCP dedicated to the City. If the lot is abutting a trail identified in Map 10.1 of the OCP then five additional metres must be dedicated to the City for trail connections in addition to the minimum RMA.
FOOTNOTES (Section 14.11):
.1
The minimum setback for ground-oriented, residential units can be reduced to 2.0 metres if both criteria are met:

a)The maximum height of the first storey floor above adjacent curb level for ground-oriented residential units is 1.2 m. Height is measured from the grade at the sidewalk directly from a fronting publicly accessible street, walkway, open space or applicable lot line. See Example Diagram Figure 5.12.
b)The minimum net floor area for ground-oriented, residential units on the first floor is 11 m2. See Example Diagram Figure 5.13.

.2Any portion of a building above 16.0 m in height must be setback a minimum of 3.0 m from any lot line abutting a street and 4.0 m from any lot line abutting another property. The minimum setback can be reduced from 3.0 m to 0.0 m for any portion of a building below 16.0 m in height if the ground floor setback is maintained (measured from back-of-curb or edge of road pavement in situations without curb to building face) of at least a 6.0 m in the UC2, UC3, & UC4 zones and 4.5 m in the UC5 zone.
.3 Except it is 3.0 m when abutting a core area neighbourhood (C-NHD) or an education / institutional (EDINST) future land use designation as outlined in the Official Community Plan.
.4 Except it is 6.0 m when abutting a core area neighbourhood (C-NHD) or an education / institutional (EDINST) future land use designation as outlined in the Official Community Plan.
.5 Except the rear setback is: 3.0 m when abutting rear lane, 6.0 m when abutting a single & two dwelling zone or rural residential zone, and it is 6.0 m for hotels or motels.
.6 The minimum side yard is 4.0 m when abutting a single & two dwelling zone or rural residential zone.
.7 For portions of a parkade with lane access which do not project more than 2.3 m above finished grade, the rear yard setback for the parkade is 1.5 m. The site rear yard for carport structures is 1.5 m.
.8 Any building over 6 storeys in height, the portions of the building over 6 storeys must be setback a minimum of 10 m from any lot line abutting any single & two dwelling zone or rural residential zone. Bareland strata lots do not have setbacks to internal lots or common access roads. A continuous building frontage shall not exceed 100 m in length and must be designed with appropriate architectural breaks or relief where the length of the building exceeds 37 m.
.9 The maximum site coverage of all buildings, structures, and impermeable surfaces is dependent on the street type as defined in the City of Kelowna’s Official Community Plan (e.g. Map 4.4, 4.6, 4.8, 4.10). All high streets, retail streets, and mixed streets are maximum of 100%. All mixed-residential, residential streets and all other street types are maximum of 90%.
.10 The maximum height is measured from the grade at the sidewalk directly from a fronting publicly accessible street, walkway, open space or applicable lot line. See Visual Example of Max Floor Height for Residential Ground-Oriented Housing.
.11 A minimum of 4.0 m2 per dwelling unit of the Common and Private Amenity Space shall be configured as common area that is accessible to all residents and must not be located within the required setback areas. Common and Private Amenity Space can be devoted to child care centres as long as the child care spaces have direct access to open space and play areas within the lot. The amount of Common and Private Amenity Space dedicated to child care spaces cannot be more than 50% of the total space required.
.12 The setback for a garage, a carport, or a parkade door that has direct access to the street shall have a 6 m setback measured from back-of-curb or edge of road pavement, or edge of sidewalk or 4.5 m from lot line (whichever is greater).
.13 The maximum site coverage is dependent on the street type as defined in the City of Kelowna’s Official Community Plan (e.g., Map 4.4, 4.6, 4.8, 4.10). All high streets, retail streets, and mixed streets are maximum of 100%. All mixed-residential, residential streets and all other street types are maximum of 85%.
.14 Minimum building stepbacks apply only to buildings that are at least five (5) storeys and not taller than 12 storeys. The stepback can occur on any floor above the second storey.

14.12 Industrial, Institutional, and Water Zone Development Regulations
Section 14.12 Industrial, Institutional, and Water Zone Development Regulations
m = metres / m2 = square metres
CriteriaZones
I1I2I3I4P1P2P3P4P5W1W2
Max. Site Coverage of all Buildings60%60%80%10%50%40%n/an/an/an/an/a
Max. Site Coverage of all Buildings, Structures, and Impermeable Surfaces80%90%n/an/a70%60%n/an/a30%n/an/a
Max. Density and Max. HeightSee Section 14.14 for Density and Height Regulations
Min. Front Yard Setback2.0 m2.0 m2.0 m .22.0 m .22.0 m2.0 m .36.0 m6.0 m6.0 mn/an/a
Min. Flanking Side Yard Setback2.0 m2.0 m2.0 m .22.0 m .22.0 m2.0 m .34.5 m6.0 m6.0 mn/an/a
Min. Side Yard Setback0.0 m .10.0 m .10.0 m .20.0 m .24.5 m4.5 m .33.0 m .14.5 m4.5 mn/an/a
Min. Rear Yard Setback0.0 m .10.0 m .12.0 m .22.0 m .26.0 m6.0 m .33.0 m .24.5 m .26.0 mn/an/a
FOOTNOTES (Section 14.12):
.1 Except the minimum setback is 4.5 m when the lot line abuts a residential zone.
.2 Except the minimum setback is 6.0 m when the lot line abuts a residential zone..
.3 Except the minimum setback is 1.2 m for any temporary portable buildings used for education services or childcare services.
14.13 Health District Development Regulations
Section 14.13 Health District Development Regulations
m = metres / m2 = square metres
CriteriaZones
HD1
Max. Site Coverage of all Buildings100%
Max. Site Coverage of all Buildings, Structures, and Impermeable Surfacesn/a
Max. Density and Max. HeightSee Section 14.14 for Density and Height Regulations
Min. Front Yard & Flanking Side Yard SetbackRoad Specific .1
Min. Side Yard SetbackRoad Specific .1
Min. Rear Yard SetbackRoad Specific .1
FOOTNOTES (Section 14.13):
.1 The minimum setbacks are from specific streets: 6.0 m from Pandosy Street, 6.0 m from Royal Avenue for buildings up to 10.0 m in height, 9.0 m from Royal Avenue for buildings greater than 10.0 m, 9.0 m from Abbott Street, and 4.5 m on Christleton Laneway.