Zoning Bylaw No. 12375

Sections 1-4 - Administrative Guidelines

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Last Updated: 
September 26, 2022
Zoning Bylaw - Sections 1-4 - Administrative Guidelines chapter header
Section 1 - General Administration
1.1 Title

1.1.1 This Bylaw shall be referred to as the “City of Kelowna Zoning Bylaw No. 12375”.

1.2 Zoning Map

1.2.1 The City of Kelowna is hereby divided into the zones as described throughout this Bylaw.

1.2.2 The boundaries of those zones are shown on the Zoning Map which is attached as Schedule 'A' to this Bylaw. 

1.2.3 In this Bylaw, the Zoning Map (Schedule 'A' ) will generally refer to the shorthand version of the zone. For example, RU1 – Large Lot Housing, will generally be referenced as RU1 within the maps.

1.2.4 Schedule ‘A’ may contain zone sub-classes as outlined within each zone.

1.3 Uses and Regulations

1.3.1 Except for legal non-conforming uses or developments approved by a Development Variance Permit or a Board of Variance order, or another agreement or permit as authorized by the Local Government Act; the use, buildings, and structures in each zone or area shall be in accordance with the uses (either principal use and secondary use) listed in the zone and all the applicable regulations and requirements of this Bylaw.

1.3.2 No land, building, or structure, within the City of Kelowna shall be developed, used, constructed, erected, modified, converted, enlarged, re-constructed, altered, placed, maintained, or subdivided except in conformity with the provisions of this Bylaw.

1.3.3 This Bylaw does not apply in the following situations:

  1. alterations, maintenance and repair to any building or structure, provided that such work does not involve structural alterations; and does not change the use or intensity of use of the building or structure;
  2. the construction of a single storey accessory building or structure with a maximum gross floor area of 10 square metres;
  3. the use of a building, or part thereof, as a temporary polling station, election official’s headquarters, candidate's campaign office, and any other temporary use in connection with a federal, provincial, or municipal election, referendum, or census;
  4. the use of a building, or part thereof, as a constituency office for a federal Member of Parliament or a provincial Member of the Legislative Assembly when located in a commercial, industrial or institutional zone. Any signage for the constituency office must meet the requirements of the Sign Bylaw No. 11530 for the existing zoning of the property;
  5. a temporary structure which is incidental to the erection, maintenance, alteration, or sales of a building, structure, or utility for which a building or development permit has been issued provided that they are removed within 30 days of project completion or one year following the issuance of a building permit, whichever is earliest;
  6. the use of non-residential or non-agricultural zones for activities such as amusement carnivals, religious gatherings, and music festivals for less than 7 days provided a valid licence has been issued under the City of Kelowna Business Licence & Regulation Bylaw No. 7878 and an Outdoor Event Permit issued pursuant to Outdoor Events Bylaw No. 8358;
  7. railways, pipelines, irrigation ditches, conduits, flumes, and pump houses;
  8. utility services underground or within statutory rights-of-way and utility poles and anchors; and
  9. those lands within the boundaries of the Duck Lake Indian Reserve No. 7 and Indian Reserve No. 8.

 

1.4 Compliance with Other Legislation

1.4.1 In addition to this Bylaw, a person is responsible for ascertaining and complying with the requirements of all other applicable: municipal bylaws, provincial statutes, provincial regulations, federal statutes, and federal regulations.

1.4.2 The provisions of the development permit system included within the Official Community Plan apply in addition to the regulations in this Bylaw.

1.4.3 No person shall construct, place, erect, display, alter, repair or re-locate a sign permitted by this Bylaw except in accordance with Sign Bylaw No. 11530.

1.5 Repeal

1.5.1 The City of Kelowna Zoning Bylaw, 1998, No. 8000, including all amendments is hereby repealed.

1.6 Applications in Process

1.6.1 A development will be processed in accordance with City of Kelowna Zoning Bylaw No. 8000, as the Bylaw read on the date of repeal, provided a development permit or development variance permit was issued or a complete building permit was submitted for the development prior to the effective date of this Bylaw. A building permit for any development processed in accordance with City of Kelowna Zoning Bylaw No. 8000 must be issued within 12 months of the effective date of this Bylaw. All other development must comply with this Bylaw.  

1.7 Land Dedications and Setbacks

1.7.1 Further developments upon any lot that is reduced in size as a result of a dedication or purchase for public use by the City, provincial or federal government, an improvement or irrigation district, the Board of Education, or a public utility shall use the new lot lines for all development regulations unless otherwise approved by a Development Variance Permit or Board of Variance order.

1.8 General Interpretation

1.8.1 Any enactments referred to in this Bylaw are a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated, or replaced from time to time, and any bylaw referred to in this Bylaw is a reference to an enactment of the Council of the City of Kelowna, as amended, revised, consolidated, or replaced from time to time.

1.8.2 The headings given to sections, paragraphs, and sub-sections in this Bylaw are for convenience of reference only. They do not form part of this Bylaw and will not be used in the interpretation of this Bylaw.

1.8.3 The schedules attached to this Bylaw form part of this Bylaw.

Section 2 - Severability
2.1 Severability

2.1.1 If any section, paragraph, or phrase of this Bylaw is for any reason held to be invalid by a decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw.

Section 3 - Enforcement
3.1 General

3.1.1 The Director of Planning & Development Services, Building Official, and Bylaw Enforcement Officers are authorized to enforce the provisions of this Bylaw.

3.2 Right of Entry

3.2.1 The Director of Planning & Development Services, Building Officials, and Bylaw Enforcement Officers shall have the right of entry and may enter onto any land or into any building at all reasonable hours in order to inspect the same and to ascertain whether the provisions of this Bylaw have been carried out.

3.2.2 No person shall interfere with or obstruct the entry of a Bylaw Enforcement Officer or any authorized City representative onto any land or into any building to which entry is made or attempted pursuant to the provisions of this Bylaw.

3.3 Prohibitions

3.3.1 No person shall contravene, cause, suffer, or permit a contravention of this Bylaw.

3.3.2  No person shall commence or undertake a use which is not permitted by this Bylaw.

3.3.3 No person shall construct, make an addition to, or alter a building or structure, which is not permitted by this Bylaw.

3.3.4 No person shall contravene a condition of a permit issued under this Bylaw.

3.3.5 No person shall modify any description, specifications, or plans that were the basis for the issuance of any permit by the Director of Planning & Development Services or a Building Official.

3.3.6 No person shall authorize or do any development that is at variance with the description, specifications, or plans that were the basis for the issuance of a building permit.

3.3.7 No owner, lessee, tenant, or person shall:

  1. park or store a commercial vehicle in excess of 4,100 kilograms licensed gross vehicle weight on a lot in a residential zone;
  2. park or store a recreational vehicle in excess of 5,500 kilograms. licensed gross vehicle weight on a lot in a residential zone;
  3. permit a motor vehicle in a state of disrepair or derelict for more than 30 days on a lot in a residential zone;
  4. park or store more than two recreational vehicles outdoors on a lot in a rural residential zone, single & two dwelling zone, or in an agricultural zone;
  5. place or install a flammable / combustible liquid storage container exceeding 205 litres on a lot in a residential zone;
  6. fail to deflect lighting away from adjacent property as required by Section 6;
  7. conduct a use in a zone where the use is not listed as a principal or secondary use in the zone;
  8. permit occupancy of and / or to occupy a secondary dwelling unit which is not a permitted principal or secondary use in the zone; and
  9. place or store construction materials on a lot in a residential zone without an active building permit on the lot unless the construction material is limited in scale and is used for personal use.
3.4 Penalties

3.4.1 Every person who violates a provision of this Bylaw commits an offence and is liable on summary conviction to a penalty not exceeding Fifty Thousand Dollars ($50,000.00) and the costs of prosecution.

3.4.2 Each day a violation of the provisions of this Bylaw exists or is permitted to exist shall constitute a separate offence.

Section 4 - Amendments
4.1 Application

4.1.1 Any person applying to have any provision of this Bylaw amended shall apply in writing by submitting an application in the form and manner prescribed in Development Application and Heritage Procedures Bylaw No. 12310.