Zoning Bylaw No. 12375
Section 9 - Specific Use Regulations
9.1.1 The specific use regulations shall apply to all developments unless otherwise exempted in this section.
| Section 9.2 Home-Based Business Regulations m2 = square metres | ||||
| Criteria | Minor | Major | Rural | |
| Operator Restriction | The home-based business must be operated by a resident who resides for more than 240 days of the year. | |||
| Location | The home-based business shall be conducted within the principal dwelling unit. | The home-based business shall be conducted within in a principal dwelling unit or one accessory building or structure. | ||
| Exterior Storage | No exterior storage or exterior operation shall be permitted. | |||
| Neighbourhood Nuisance | No nuisance from noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance shall be produced by the home-based business and, at all times, the privacy and enjoyment of adjacent dwellings shall be preserved and the home-based business shall not adversely affect the amenities of the neighbourhood. | |||
| Maximum Number of Clients / Visitors | One client visit to the site from which the business is being operated at any given time. | Two clients to the site from which the business is being operated at any given time. .1 | ||
| Employee Restriction | No person other than the principal residents of the dwelling unit can be engaged in the home-based business on-site. | One person maximum other than the principal residents of the dwelling unit can be engaged in the home-based business on-site. .2 | Two persons maximum other than the principal residents of the dwelling unit can be engaged in the home-based business on-site. | |
| Display Restriction | Sale and/or display of any goods exclusively produced on-site or those goods which constitutes the finished product of the home-based business is permitted. | |||
| Food Catering Restriction | A food catering business operating lawfully within a dwelling may establish one additional kitchen provided that its installation is required by the Health Authority and that the kitchen must be removed should the home-based business use cease. The additional kitchen is not permitted to be utilized to establish an additional dwelling. | |||
| Commercial Vehicle Restriction | Parking on-site of commercial vehicles larger than 4,100 kilograms gross vehicle weight is not permitted. | |||
| Maximum Gross Floor Area (GFA) | 20 metres² and no more than 25% of the GFA of the dwelling | 50 metres² (including any accessory structure GFA) and no more than 25% of the GFA of the dwelling .3 | 100 metres² (including any accessory structure GFA) | |
| Minimum Lot Area | n/a | n/a | 4,000 m² | |
| FOOTNOTES (Table 9.2): .1 If the major home-based business is conducting Health Services and the property is located on Royal Avenue or Christleton Avenue (and must be west of Pandosy Street) then there is no limit on the number of clients to the site. .2 If the major home-based business is conducting Health Services and the property is located on Royal Avenue or Christleton Avenue (and must be west of Pandosy Street) then there is no limit on the employee restrictions on the site. .3 If the major home-based business occurs within a ground-oriented dwelling unit that is: fronting a transit supportive corridor, within an urban centre, or within a village centre then there is no absolute maximum GFA but the GFA of the major home-based business cannot be greater than 50% of the GFA of the dwelling. | ||||
9.3.1 Bed and breakfast homes shall comply with the following regulations:
- the bed and breakfast home shall be operated as a secondary use only within a Single Detached Dwelling, with a maximum four (4) sleeping units with accommodation for a maximum of two guests per sleeping unit, of a minimum area of 11 metres² each;
- the licensed operator of a bed and breakfast home must reside in the dwelling in which the bed and breakfast operation is located;
- Short-term rental accommodation is not permitted in combination with a bed and breakfast home; and
- Short-term rental accommodation is not permitted in combination with a bed and breakfast home. For example, If the licensed operator is not residing on site during the stay of paid guests then the operator is engaging in short-term rental accommodations.
9.3.2 Parking areas and open space to be used by guests of a bed and breakfast home shall be oriented away from abutting developments to minimize the impact of the operation on neighbouring properties.
9.3.3 All parking area and open space to be used by guests of a bed and breakfast home have to be visually screened from abutting properties by opaque fencing or landscaping.
9.4.1 For drive throughs servicing car washes or food services, the queuing space shall be provided as follows:
- a minimum of five (5) in-bound vehicle storage shall be provided per queuing lane except it is a minimum of two (2) in-bound vehicle storage shall be provided per queuing lane where the washing bay is coin operated and the vehicle is manually washed by an occupant of the vehicle. A minimum of two (2) out-bound vehicle storage shall be provided per queuing lane.
- each queuing space shall be a minimum of 6.0 metres long and 3.0 metres wide. Queuing lanes shall provide sufficient space for turning and maneuvering.
For all other drive throughs, the queuing space shall be provided as follows:
- a minimum of three (3) in-bound vehicle storage shall be provided per queuing lane and two (2) out-bound vehicle storage shall be provided per queuing lane.
- each queuing space shall be a minimum of 6.0 metres long and 3.0 metres wide. Queuing lanes shall provide sufficient space for turning and maneuvering.
9.5.1 Non-moorage uses such as beach houses, storage sheds, patios, sundecks, and hot tubs shall not be permitted.
9.5.2 Public access along and through the foreshore shall not be impeded. In cases where the dock platform is raised by more than 0.3 metres above any point on the public foreshore, steps must be provided for public access over the dock and this access must not be blocked by fences or other means.
9.5.3 Moorage facilities consisting of docks and boat lifts shall be permitted if developed consistently with the pertinent provincial and federal agencies.
9.5.4 The owner of the moorage facilities shall be the owner of the upland lot or is the holder of a Crown land residential lease for the upland lot.
9.5.5 Dock access ramps and walkways shall not exceed a width of 1.5 metres. Any other surface of the dock shall not exceed a width of 3.0 metres.
9.5.6 L or T shaped dock structures are permitted if the length of the structure which is parallel to the shoreline does not exceed the lesser of 10.0 metres or one half the width of frontage of the upland lot.
9.5.7 Setback from the side lot line of the upland lot, projected onto the foreshore, shall be a minimum of 5.0 metres.
9.5.8 Setback from the side lot line of the upland lot, projected onto the foreshore, shall be a minimum of 6.0 metres where the adjacent lot is a right-of-way beach access or is in a P3 zone.
9.5.9 No roof, overhead or covered structures shall be placed on the dock.
9.5.10 No fences will be allowed on docks other than fences running parallel to the foreshore where the intent of such a fence would be to prevent public access onto the dock from the foreshore.
9.5.11 No roof or covered structures shall be used, constructed, or maintained for boat lifts.
9.5.12 No docks, or boatlifts, shall be maintained, used, or constructed beyond 42.0 metres from the natural boundary of the upland parcel. All docks and boatlifts shall be licensed by the Province of B.C. or by other designated approving agencies and be used for boat access purposes only. No commercial and industrial activity or use shall take place thereon.
9.5.13 Permanent moorage is intended to be used for the purposes of moorage of tour boats and shall not include permanent live aboard accommodations.
9.5.14 Camping is not permitted in these zones. Non-emergency overnight moorage shall be allowed only at federal government approved moorage buoys or at docks licensed by the Province of B.C. Marine fuel facilities and other commercial facilities for boat launches and marinas shall provide holding tank pump out facilities and public restroom facilities.
| Table 9.6 Agriculture, Urban Regulations m = metres | ||
| Criteria | Where food is produced for consumption by residents of the subject lot only and is within a rural residential zone or a single & two dwelling zone | Where food is produced for the purpose of commercial sale, trade, or distribution offsite, and for agriculture, urban uses not within a rural residential zone or a single & two dwelling zone |
| Max Greenhouse Gross Floor Area | 30 m2 | 30 m2 |
| Greenhouses and Agricultural Structures | (a) Shall conform to the setbacks for accessory buildings or structures identified within each zone. (b) Greenhouses can be excluded from of site coverage for accessory buildings or structures. (c) The maximum height of greenhouses and agricultural structures is 3.5 m measure from finished grade. | |
| Heating Restrictions | Greenhouses, accessory buildings or accessory structures cannot be heated using a wood heat source (i.e., wood stove). | |
| Food Processing Restriction | n/a | Processing of food products produced on site in all residential zones is prohibited unless in conjunction with an authorized home-based business. |
| Outdoor Storage Restriction | n/a | No outdoor storage of related equipment and materials. |
| Community Garden Regulations | • Must be delineated from adjacent streets and/or parking areas by landscaping or fencing. • No materials shall be stored outside of the lot. • Have no equipment, building or structure related to the community garden within 1.2 m of an abutting street. • Have convenient access to a water source. • Must provide an on-site location for odour-free organic waste disposal or transport organic waste to a suitable disposal facility. | |
| Multi-Residential Shared Garden | n/a | Multi-residential shared garden can occur in any multi-dwelling, village centre, and urban centre zone. Multi-residential shared gardens: |
9.7.1 The following requirements must be met prior to the issuance of a permit for a Temporary Farm Worker Housing (TFWH) structure:
- farm classification for the parcel, as determined by the BC Assessment Act.
- minimum farm unit size is 38,000 square metres.
- the need for temporary farm worker housing onsite to house temporary farm workers must be demonstrated through documentation such as a contract with the federal government through a migrant worker program, such as the Seasonal Agricultural Worker Program, farm receipts and/or previous employment records, and/or a farm plan prepared by a professional agrologist.
- new TFWH structure(s) shall include a communal kitchen.
- the TFWH shall be occupied only during the farm unit's growing, harvesting and pruning periods.
- a statutory declaration must be filed with the City of Kelowna annually, by January 31st, stating that the building will be used only for TFWH and specify the time(s) of year when the TFWH will be occupied. The specified period of time may be no greater than ten months of that calendar year.
- if the temporary farm worker housing is vacant for two consecutive growing seasons, the owner will remove, at their expense, any temporary structure(s) for temporary farm worker housing, and remove or decommission any existing buildings that had been repurposed for temporary farm worker housing purposes, by December 31st of the second year of vacancy.
9.7.2 TFWH Footprint Size:
- TFWH Footprint may not exceed 0.20 hectares for structure(s) to accommodate a maximum of forty temporary farm workers and may not exceed 0.30 Ha for structure(s) to accommodate a maximum of sixty temporary farm workers.
9.7.3 Temporary Farmworker Allocation
- structure(s) to accommodate a maximum of forty temporary farm workers per each city sector as identified on Map 9.7 for parcels up to 80,000 square metres. For parcels 80,000 square metres or more, structure(s) to accommodate a maximum of sixty temporary farm workers per each city sector as identified on Map 9.7.
- farm units with greenhouses and/or on-farm processing structures may increase the number of workers by one (1) worker per each 1000 metre2 of greenhouse and/or on-farm processing structures.
- where a farm unit comprises multiple parcels of land, a restrictive covenant shall be registered on all farm unit parcels within the same sector of the temporary farm worker housing as identified on Map 9.7 restricting the development of further TFWH on those parcels within that sector.
| Map 9.7 - City Sector Map |
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9.7.4 Site Specific Regulations
Regulations apply for temporary farm worker housing on a site-specific basis as follows:
| Site Specific Regulations ha = hectares | |||
| Legal Description | Civic Address | Regulation | |
| 1 | Lot 20 Section 34 Township 23 ODYD Plan 500 Except Plan KAP45154 | 4085 Shanks Road 4133 Shanks Road | For the purposes of temporary farm worker housing, these parcels shall be considered one farm unit, and the following regulations shall apply to this farm unit only.
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| Lot 19 Section 34 Township 23 ODYD Plan 500 Except Plan KAP45154 | |||
| 2 | Lot A, Section 12, Township 26, ODYD, Plan EPP71625 | 2975 Gallagher Road | The following regulations shall apply to this farm unit only.
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9.8.1 The minimum dwelling unit size is greater than 29 square metres. Dwelling units less than 29 square metres known as micro suite dwelling units, are only permitted on lots within an Urban Centre or within the University South Village Centre.
9.9.1 A cannabis production facility may not be located within 60 metres of any lot that has a residential use as a principal use, measured from closest lot line to closest lot line.
9.9.2 Any retail cannabis sales establishment must be set back a minimum distance of 500 metres from another retail cannabis sales establishment, measured from closest lot line to closest lot line.
9.9.3 No more than one retail cannabis sales establishment may exist per lot.
9.9.4 Any retail cannabis sales establishment must be set back a minimum distance of 150 metres from any public elementary school, measured from closest lot line to closest lot line.
9.9.5 Any retail cannabis sales establishment must be set back a minimum distance of 500 metres from any public middle or secondary school, measured from closest lot line to closest lot line.
9.9.6 Any retail cannabis sales establishment must be set back a minimum distance of 150 metres from the following parks, measured from closest lot line to closest lot line:
| (a) Ben Lee Park | (h) Kinsmen Park | (o) Rotary Beach Park |
| (b) Bluebird Beach Park | (i) KLO Sports Field | (p) Rutland Centennial Park |
| (c) Boyce-Gyro Beach Park | (j) Lombardy Park | (q) Rutland Recreation Park |
| (d) City Park | (k) Mission Recreation Park | (r) Sarsons Beach Park |
| (e) East Kelowna Park | (l) Munson Pond Park | (s) Stuart Park |
| (f) Glenmore Recreation Park | (m) Parkinson Recreation Park | (t) Sutherland Bay Park |
| (g) Kasugai Gardens | (n) Recreation Avenue Park | (u) Waterfront Park |
9.9.7 Drive through retail sales of cannabis are not a permitted form of retail cannabis sales.
9.9.8 In industrial zones the maximum gross floor area for retail cannabis sales establishment is 250 square metres.
9.9.9 Site specific regulations:
Regulations apply for retail cannabis sales establishment on a site-specific basis as follows:
| Site Specific Regulations m = metres | |||
| Legal Description | Civic Address | Regulation | |
| 1 | Lot B, District lot 139, ODYD, Plan 5934 | 1636-1652 Pandosy St. | To allow for a retail cannabis sales establishment within 500 metres of the approved retail cannabis sales establishment located at 547-559 Bernard Avenue. |
| 2 | All Land Shown on Strata Plan K12 | 520 – 526 Bernard Avenue | To allow for a retail cannabis sales establishment within 500 metres of other approved retail cannabis sales establishments located at 547-549 Bernard Avenue and 1636-1652 Pandosy Street and within 150 metres of Kasugai Gardens. |
| 3 | Lot 2, District Lot 139, ODYD, Plan 4153 | 266 Bernard Avenue | To allow for a retail cannabis sales establishment within 500 metres of other approved retail cannabis sales establishments located at 547-549 Bernard Avenue and 1636-1652 Pandosy Street and within 150 metres of City Park and within 150 metres of Stuart Park. |
9.10.1 No more than one booking or reservation for short-term rental accommodation is permitted in each dwelling unit at one time.
9.10.2 No more than two adults may occupy a sleeping unit used for short-term rental accommodation.
9.10.3 The maximum number of sleeping units that may be used for short-term rental accommodation within dwelling units in the multi-dwelling zones and the core area & other zones is two (2) sleeping units.
9.10.4 Parking must be provided in accordance with the parking and loading regulations of Section 8. Short-term rental accommodations may not use required visitor parking spaces.
9.11.1 Table 9.11 outlines all the regulations that shall apply to any building taller than the lesser of 40.0 metres or 13 storeys. See Figure 9.11.1 for visual illustrations.
| Table 9.11 Tall Building Regulations m = metres / m2 = square metres | |||
| Criteria | Regulation (GFA = Gross Floor Area) | ||
| Minimum amount of transparent glazing on first floor frontage façade | 75% for commercial frontage n/a for residential frontage | ||
| Minimum depth of any commercial unit fronting a street | 6 m | ||
| Minimum setback for each corner lot applied only to the first storey | There shall be a triangular setback 4.5 m long abutting along the lot lines that meet at each corner of an intersection. Within the volumetric 4.5 m triangular setback there shall be no buildings or structural columns are permitted. See visual example Figure 9.11.1. | ||
| Podium height (maximum) | 16 m | ||
| Podium rooftop | The rooftop of the podium shall not be used for parking and there shall be no parking spaces within the parkade that do not have an overhead roof for weather protection. | ||
| Parking Restriction | No parking is permitted above 16 metres from finished grade. | ||
| Minimum tower separation from another tower measured from exterior face of the tower. | 30 m | ||
| Maximum floor plate above the sixth storey. .1 | a) 750 m2 GFA for residential use b) 850 m2 GFA for hotel use c) 930 m2 GFA for office and/or commercial use | ||
| Minimum stepback above podium (including balconies) | 3 m | ||
| Barrier free accessibility | Every building shall have front entrance at finished grade on the front and/or flanking street. The main residential entrance and exit shall and all commercial spaces shall provide barrier free accessibility to the nearest sidewalk. | ||
| FOOTNOTES (Table 9.11): .1 The floorplate is the gross floor area per floor of interior space and excludes all exterior spaces such as decks, patios, balconies, etc.) | |||
| Figure 9.11.1 - Visual Examples of Corner Lot Setback |
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9.12.1 Any flanking side yard, side yard, or rear yard abutting the Transportation Corridor (TC) future land use designation outlined in the Official Community Plan shall have a minimum 3 metre setback from that lot line. That setback area shall be landscaped in accordance with Section 7.
9.12.2 Notwithstanding Section 7, any fencing within the landscape area required by Section 9.12.1 shall be a black chain link fence, or other materials approved by the Divisional Director of Planning and Development Services. The fence may be substituted for a continuous opaque barrier only where Section 7 permits continuous opaque barriers. If a fence or continuous opaque barrier is installed, then the fence or continuous opaque barrier must:
- contain at least one pedestrian access gate along the lot line abutting the Transportation Corridor (TC) future land use designation;
- have the pedestrian access gate be a minimum of 1.6 metres wide and be lockable and controlled by the subject property owner.
9.12.3 Notwithstanding Section 7.5, the maximum fence height within the landscape area required by Section 9.12.1 shall be 2.0 metres and must be setback at least 0.15 metres from the lot line abutting the Transportation Corridor (TC) future land use designation.
9.12.4 Any lots zoned A1-Agriculture or P3 -Parks and Open Space are exempt from the requirements in Section 9.12
