Local Services Act

COMMUNITY PLANNING AREA NO. 28
DEASE LAKE LAND USE REGULATION, 1991

[includes amendments up to B.C. Reg. 555/2004, December 31, 2004]

Division 1 — Application

Purpose

1 The purpose of this regulation is to control the location and use of buildings and structures and the location and use of land, including the surface of water, and to set the minimum size of parcels within Community Planning Area No. 28 (Dease Lake) having regard to sections 694, 884, 903, 906, 908, 910, 938 and 944 of the Municipal Act.

Application

2 Under the provisions of the Local Services Act, and Order in Council 1171/59, this regulation applies to Community Planning Area No. 28 (Dease Lake) as described in Schedule A.

Division 2 — Interpretation

Interpretation

3 In this regulation, unless the context otherwise requires:

"architect" means an architect who is registered or licensed to practice in British Columbia and has competence in the appropriate discipline;

"body of water" means any lake, pond or marsh;

"campsite" means the use of land, buildings or structures for the temporary accommodation of travellers in trailers, recreation vehicles or tents;

"church" means the use of land, buildings or structures for religious worship and ancillary educational, social, recreational or charitable purposes;

"civic" means the use of land, buildings or structures for offices by federal, provincial or local governments, school districts or improvement districts and for schools, colleges, hospitals, public clinics providing dental or health care, community centres, libraries, museums, parks, playgrounds, cemeteries, gaols and courts of law, but does not include storage buildings, outdoor storage or works yards;

"commercial outdoor recreation" means the use of land where privately operated outdoor recreation services are available for public use for a charge;

"community sewer system" means a common sewer and system of sewage disposal which serves 2 or more parcels and that is owned, operated and maintained by an improvement district or regional district under the Municipal Act;

"community water system" means a system of waterworks that serves 2 or more parcels which is owned, operated and maintained by an improvement district or regional district under the Municipal Act or which is regulated under the Water Utility Act;

"dwelling unit" means a single room or series of rooms of complementary use operated under a single tenancy as a housekeeping unit, used or intended to be used as a residence and usually containing cooking, eating, living, sleeping and sanitary facilities;

"floodplain" means land lower than the applicable flood level or land within a floodplain setback;

"frontage" means that length of a parcel boundary that immediately adjoins a highway;

"group residence" means a permanent building for long term communal residential use or long term care of 6 or more persons that is provided with sleeping, bathroom and shared living facilities as well as required support service facilities and any recreation, study or other facility, and which building may include a dwelling unit for the manager and sleeping accommodation for staff, but the building is not a dwelling unit or a series of dwelling units or a hotel, motel or lodge;

"household animal" means a domesticated bird or small animal kept for pleasure or protection;

"minister" means the Minister of Municipal Affairs;

"mobile home" means a dwelling unit that

(a) is equipped with a water closet and a bathtub or shower, waste from which may be disposed of directly into a sewer,

(b) is manufactured as a unit or units intended to be occupied, in a place other than its place of manufacture, on a year round and long term basis,

(c) may be designed with detachable towing gear, and

(d) may be quickly readied for occupancy on the site by placing it on a foundation, connecting utilities and undertaking incidental assembly;

"mobile home pad" means,

(a) in a mobile home park, that portion of a mobile home space paved to support footings or a foundation for a mobile home, and includes service connections, or

b) outside of a mobile home park, any foundation for a mobile home;

"mobile home park" means 3 or more mobile homes on a parcel of land but does not include

(a) a parcel of land on which every occupied mobile home is more than 30 metres from

(i) a parcel boundary, and

(ii) another mobile home on the same parcel, or

(b) the storage of unoccupied mobile homes on the parcel;

"natural boundary" means the visible high water mark on any watercourse or body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the body of water or watercourse a character distinct from that of the bank thereof in respect of vegetation as well as in respect of the nature of the soil itself, and includes the edge of dormant side channels of any watercourse or body of water;

"parcel" means any lot, block or other area in which land is held or into which land is subdivided under the Land Act or the Land Title Act, but does not include a highway;

"potable water" means water which is certified for drinking purposes by the Ministry of Health;

"professional engineer" means a professional engineer who is registered or licensed to practice in British Columbia and has competence in the appropriate discipline;

"public recreation" means the use of land, buildings or structures provided by government, a school district, an improvement district or a non-profit society for public park or for open land recreation or public recreation purposes;

"public utility" means the use of land, buildings or structures to accommodate navigation aids, community television antenna, radio antennae, telephone exchanges, community water system pumps and tanks, but does not include the storage of vehicles, equipment or materials;

"public works" means the use of land, buildings or structures provided by government, a Crown corporation, a school district or an improvement district for works yards, electrical generation and transmission facilities, vehicle equipment storage, material storage and equipment and vehicle repair;

"residential" means the use of land, building or structures for housekeeping purposes in a dwelling unit or units;

"watercourse" means any natural or constructed depression with well defined banks having

(a) a bed 0.6 metres or more below the surrounding land serving to give direction to a current of water at least 6 months of the year,

(b) an upstream drainage area of 2 square kilometres or more, or

(c) dormant side channels.

Division 3 — Enforcement

Administrator

4 A person or persons appointed by the minister to administer this regulation may enter any property or premises at any reasonable time for the purpose of conducting inspections related to the administration of this regulation.

Violation

5 No person shall

(a) cause, suffer or permit any land, building or structure to be used in contravention of this regulation or to otherwise contravene or fail to comply with this regulation, or

(b) prevent or obstruct any official appointed under section 4 from carrying out his or her duties under this regulation.

Division 4 — General

Prohibition

6 (1) Subject to the provisions of the Municipal Act respecting non-conforming uses, no land, building or structure may be used, altered, moved or extended contrary to this regulation.

(2) Land may not be subdivided into parcels smaller than as permitted under this regulation.

Owner's responsibility

7 Nothing contained in this regulation relieves the owner or developer of any land, building or structure from responsibility to comply with any enactment applicable to his or her project or business.

Use of existing parcels

8 Every parcel, and each part of a parcel created by a dividing highway, existing on the day this regulation comes into force, may be used for any use permitted in the zone in which it is located if

(a) water is provided in accordance with section 14,

(b) sewage is disposed of in accordance with section 15, and

(c) all development complies with the siting requirements for that zone.

Floodplain designation

9 Designated floodplains are

(a) lands lower than the flood levels specified in section 10 (1), and

(b) lands within a floodplain setback specified in section 10 (3).

Flood levels and floodplain setbacks

10 (1) The following elevations are flood levels:

(a) 755.1 metres Geodetic Survey of Canada datum for lands adjacent to Dease Lake;

(b) 3 metres above the natural boundary of Hotel Creek;

(c) 3 metres above the natural boundary of the Tanzilla River;

(d) 1.5 metres above the natural boundary of Allan Lake and Allan B Lake;

(e) 1.5 metres above the natural boundary of any other body of water or watercourse.

(2) If 2 or more flood levels apply under subsection (1), the higher shall be the flood level.

(3) The floodplain setback of any landfill or structural support required to elevate a floor system or mobile home pad above the flood level is as follows:

(a) 60 metres from the natural boundary of the Tanzilla River;

(b) 30 metres from the natural boundary of Hotel Creek;

(c) 15 metres from the natural boundary of Dease Lake;

(d) 7.5 metres from the natural boundary of Allan Lake and Allan B Lake;

(e) 15 metres from the natural boundary of any other body of water or watercourse.

(4) If 2 or more setbacks apply under subsection (3), there shall be compliance with both or all setbacks.

Minimum parcel frontage

11 If a parcel created at subdivision fronts on a highway, the minimum frontage on the highway is 1/10 of the perimeter of that parcel unless the minister, upon application by the owner, exempts the owner from this requirement.

Panhandle area not included

12 If a parcel created at subdivision is provided with access from a highway by means of a panhandle access strip

(a) the area of the panhandle access strip shall not be included in the required minimum parcel area, and

(b) the width of the strip shall be wide enough for a future highway if the area of the parcel served by the panhandle access strip is large enough to be further subdivided.

Minimum parcel size does not apply

13 The minimum parcel size at subdivision in any zone established under this regulation does not apply

(a) if the parcel being created is to be used solely for unattended equipment necessary for the operation of

(i) a community water system,

(ii) a community sewer system,

(iii) a community gas distribution system,

(iv) a community radio or television broadcasting antenna,

(v) a radio or television broadcasting antenna,

(vi) a telecommunications relay station,

(vii) an automatic telephone exchange,

(viii) an air or marine navigational aid,

(ix) an electrical substation or generating station, or

(x) any other similar public service or quasi public service facility or utility,

(b) to parks,

(c) if no sewage is generated, and

(d) if the owner agrees in writing to register a condition or covenant under section 219 of the Land Title Act in favour of the Crown at the time the subdivision is registered, and such condition or covenant is satisfactory to the approving officer and restricts or prohibits the construction of buildings or structures on any parcel, or the use of any parcel, or both construction and use.

Potable water

14 At subdivision, a parcel created shall

(a) be connected to a community water system for which a final certificate has been issued by the Minister of Health under section 21¹ of the Health Act, or

(b) have a source of water that has been certified potable by the Ministry of Health and which produces not less than 2 300 litres per day and, if there is more than one dwelling unit on the parcel, there shall be an additional 2 300 litres per day for each additional dwelling unit.

Sewage disposal

15 (1) Any effluent generated on a parcel shall be effectively disposed of

(a) by connection to a community sewer system, or

(b) on that parcel in accordance with the Sewage Disposal Regulation, B.C. Reg. 411/85, or the Waste Management Act, as the case may be.

(2) The use of land, buildings or structures on the parcel under subsection (1) is permitted only when effluent disposal is approved by the Minister of Health under the Health Act or the Minister of Environment, Lands and Parks under the Waste Management Act, as the case may be.

Sight triangle

16 No person shall, within a sight triangle as defined in Schedule B, grow or place, or permit to be grown or placed, any tree, shrub, plant, fence or other structure with horizontal dimension exceeding 0.6 metre within the sight triangle above an elevation such that an eye 0.9 metre above the surface elevation of one highway cannot see an object 0.9 metre above the surface elevation of the other highway.

Severability

17 If any section, subsection, paragraph, subparagraph or clause of this regulation is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this regulation.

Division 5 — Fire Limits

Fire limits

18 (1) Community Planning Area No. 28 (Dease Lake) is established as a fire limit area under section 694 (1) (f) of the Municipal Act.

(2) The installation or construction of any solid fuel burning appliance, fireplace or chimney shall conform to the British Columbia Building Code.

(2.1) Smoke alarms conforming to CAN/ULC-S531, "Standard for Smoke Alarms", must be installed in each new dwelling unit and in each new sleeping room not within a dwelling unit.

(2.2) Smoke alarms within new dwelling units must be installed between each sleeping area and the remainder of the dwelling unit and, if the sleeping areas are served by hallways, the smoke alarms must be installed in the hallway.

(2.3) Smoke alarms required by subsections (2.1) and (2.2) must be installed on or near the ceiling.

(2.4) If a dwelling unit consists of more than one storey or has further storeys added, at least one smoke alarm must be installed on each storey.

(2.5) Smoke alarms must be installed by permanent connections to an electrical circuit and must have no disconnect switch between the overcurrent device and the smoke alarm.

(2.6) If the building is not supplied with electrical power, smoke alarms may be battery operated.

(2.7) If more than one smoke alarm is required in a dwelling unit, the smoke alarms must be wired so that the activation on one alarm will cause all alarms within the dwelling unit to sound.

(2.8) If instructions are necessary to describe the maintenance and care required for smoke alarms to ensure continuing satisfactory performance, the instructions must be posted in a location where they will be readily available to the occupants for reference.

(3) If one or 2 dwelling units are on a parcel, the following conditions apply:

(a) unless the provisions of subsection (5) (d) and (e) are complied with, no dwelling unit may be above another dwelling unit in the same building;

(b) each dwelling unit shall have a separate entrance and exit, and each entrance and exit shall lead directly to the out of doors and directly to the ground;

(c) unless the provisions of subsection (5) (d) and (e) are complied with, a dwelling unit shall

(i) be in a separate building or structure no less than 6 metres away from any other building or structure, or

(ii) be built or constructed immediately abutting another dwelling unit in the same building or structure, separated from one another by a masonry wall with a minimum thickness of 20 cm resting on foundations in the ground, and the wall shall

(A) if it is within the building, have gypsum board applied to both sides,

(B) have no depressions or openings in it, and

(C) extend at least 15 cm beyond the outside wall and roof of the building or structure, which extension shall be covered by a metal cap or casing.

(4) Except for mobile homes in a mobile home park, if 2 or more dwelling units or a hotel, motel or lodge are on a parcel, a building or structure containing a dwelling unit or a sleeping room or area in a hotel, motel or lodge shall be at least 6 metres from

(a) a building or structure used to store or shelter a motor vehicle, and

(b) a motor vehicle parking area.

(5) If

(a) a group residence or 3 or more dwelling units in the same building or structure are on a parcel,

(b) a residential use is in the same building or structure as a non residential principal use as permitted in the applicable zone, or

(c) the use, regardless of the zone in which it is situated, is listed in section 30 (1) (a), (c) or (d), 31 (1) (a), (b) or (c), 32 (3) (a), 33 (3) (a), or 34 (1) or (2) (g), (i), (j), (k) or (l) of this regulation,

all buildings and structures on that parcel shall

(d) be designed by an architect or a professional engineer in accordance with the requirements of this regulation, the British Columbia Building Code², the British Columbia Plumbing Code, 1985², the Electrical Safety Act, the Fire Services Act, the Health Act and the Waste Management Act, and

(e) be constructed under the supervision of an architect or a professional engineer.

(6) No building or structure shall be occupied by any person until the architect or professional engineer who designed and supervised the construction has deposited with the Municipal Development Services Branch, Ministry of Municipal Affairs, Recreation and Culture³, 800 Johnson Street, Victoria, British Columbia, V8V 1X4, and the Municipal Development Services Branch has acknowledged receipt of, the following:

(a) 2 signed and sealed copies of

(i) a plan of the parcel showing the legal description of the area of the parcel and its dimensions, and the name of the zone established by this regulation in which the parcel is situated, and

(ii) complete as constructed plans and specifications of any building or structure built on the parcel;

(b) 2 copies of each authorization applicable to the development for

(i) access to a highway under the Transportation Act,

(ii) sewage disposal under the Health Act,

(iii) sewage discharge under the Waste Management Act;

(c) 2 copies of any approval, by the fire commissioner, of plans and specifications for a place of public assembly required to be considered under the Public Hall and Theatre Safety Regulations, B.C. Reg. 63/78⁴, made under the Fire Services Act;

(d) 2 signed and sealed copies of statements by each architect or professional engineer who designed or supervised the construction of the building or structure, stating that the design and construction is in accordance with this regulation, the British Columbia Building Code⁵, the British Columbia Plumbing Code, 1985, the Fire Services Act and the Public Hall and Theatre Safety Regulations⁶.

[am. B.C. Regs. 162/94, s. 1; 555/2004, s. 2.]

Division 6 — Zones

Zones

19 (1) Community Planning Area No. 28 (Dease Lake) is divided into the zones shown in Schedule C.

(2) The zones, and their short form equivalents for the purposes of this regulation, are as follows:

(3) If a zone boundary is shown as following the edge of a highway right of way, the centre line of that highway is to be considered as the zone boundary.

(4) If a zone boundary is shown as following the edge of a body of water or a watercourse, the natural boundary of the body of water or watercourse is to be considered as the zone boundary.

(5) If a zone boundary does not follow a legally defined line or a natural boundary, and if the edge of the zone is not dimensioned from known points, the location of the zone boundary is to be determined by scaling the zoning map.

Parking

20 Off street parking shall be provided in all zones in accordance with the requirements of Division 7.

Uses permitted in all zones

21 The following uses are permitted in all zones:

(a) parks;

(b) the keeping of household animals when a principal use has been established;

(c) forest management activity relating to the production and harvesting of timber but, unless otherwise permitted in this regulation, the milling of timber and the storage of milled timber for resale is not permitted;

(d) uses, buildings and structures customarily associated with the principal and secondary use established on the parcel.

Keeping of animals

22 No enclosure or structure for housing animals, and no feeding or drinking trough, manure pile or storage of feed or bedding associated with such animals, may be closer than 6 metres to any parcel boundary.

Home occupation, cottage industry and home/host

23 (1) If home occupation, cottage industry or home/host is permitted

(a) it may only be undertaken in conjunction with an established dwelling unit on the same parcel,

(b) it shall not create a nuisance by means of sound, sight or smell, and

(c) it shall not involve materials or products that produce flammable vapour or gas under ordinary conditions.

(2) If home occupation is permitted, the following conditions apply:

(a) the home occupation shall be contained and conducted entirely within the dwelling unit;

(b) the home occupation shall not occupy more than 35 square metres of the dwelling unit;

(c) the home occupation is limited to

(i) private teaching and tutoring, daycare, professional offices, tailoring and dressmaking, barbering and hairdressing,

(ii) retail sales and rentals,

(iii) sales agent and distributor, and

(iv) arts and crafts teaching and manufacture, as well as the sale of arts and crafts products made on the premises;

(d) no exterior storage of materials or products is permitted.

(3) If cottage industry is permitted, the following conditions apply:

(a) the cottage industry may only be carried on

(i) within the dwelling unit where it shall occupy not more than 35 square metres of the dwelling unit,

(ii) within an accessory building which shall be no larger than

(A) 75 square metres if the cottage industry use is described in paragraph (e) (i) or (ii), or

(B) 50 square metres if any other cottage industry use is to take place, or

(iii) within a maximum of 75 square metres of land area not covered by the dwelling unit or permitted accessory building or structure;

(b) no accessory building used for the cottage industry, and no exterior land area used for parking or otherwise connected with the cottage industry, shall be within 15 metres of a front lot line or 9 metres of a side or rear lot line;

(c) no material stored outside shall be higher than 2 metres;

(d) all material stored outside shall be behind a tight board fence which may be no higher than 2 metres;

(e) the cottage industry is limited to a home occupation and one of the following uses:

(i) logging, trucking or building trades contractor;

(ii) mechanical repair and servicing of trucks, boats, farm and logging equipment, excluding painting and bodyworks and the sale of such goods;

(iii) fishing;

(iv) non-serial manufacture of furniture or other wood products, including the sale of products made on the premises;

(v) taxidermy;

(vi) repair and servicing of household appliances and furniture, excluding the sale of such goods.

(4) If home/host is permitted, the following conditions apply:

(a) renting overnight accommodations is permitted;

(b) rooms may be let or camping spaces may be let, but not both rooms and camping spaces;

(c) rooms let shall be within the same dwelling unit used as the residence of the operator;

(d) no separate cooking facility shall be provided in any room let and no cooking facilities shall be shared by occupants of rooms let;

(e) no more than 5 rooms may be let;

(f) no parking space shall be within 15 metres of a front lot line or 4.5 metres of a side or rear lot line;

(g) all camping spaces shall be on the same lot as the residence of the operator;

(h) no more than 5 camping spaces are permitted on a lot;

(i) no part of a camping space or a parking space shall be within 15 metres of a front lot line or 4.5 metres of a side or rear lot line.

(5) Notwithstanding subsections (2) (b) and (3) (a) (i), if both home occupation and cottage industry are conducted within the dwelling unit, no more than 50 square metres shall be occupied for both those purposes.

North bank of the Tanzilla

24 Notwithstanding any provision in this regulation governing the siting of buildings or structures, no building or structure may be within 30 metres of the top of the bank or crest of the bluff above the Tanzilla River where the steep slope clearly changes into the natural upland bench in District Lot 1288 and eastward to the point where Highway 37 descends southward to just above the level of that river.

Residential — R-1

25 (1) In an R-1 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) residential;

(b) civic;

(c) church;

(d) public utility.

(2) If a principal use of land has been established in an R-1 zone, secondary uses of land, buildings or structures are as permitted by section 23 for home occupation, cottage industry and home/host.

(3) The minimum parcel size at subdivision in an R-1 zone is

(a) 1 000 square metres if both a community water system and a community sewer system serve the parcel,

(b) 1 500 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 2 000 square metres if neither a community water system nor a community sewer system serves the parcel.

(4) The maximum residential density in an R-1 zone is one dwelling unit per parcel and the following conditions apply:

(a) 1 000 square metres of parcel area is required for each dwelling unit;

(b) buildings, structures, driveways, parking area, patios, paved foot paths and pools may cover not more than 40% of the parcel;

(c) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway;

(d) no building or structure containing a dwelling unit may be more than 7.6 metres high.

(5) The provisions of section 18 apply to this section.

Rural Residential — R-2

26 (1) In an R-2 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) residential;

(b) civic;

(c) public utility.

(2) If a principal use of land has been established in an R-2 zone, secondary uses of land, buildings or structures are as permitted by section 23 for home occupation, cottage industry and home/host.

(3) The minimum parcel size at subdivision in an R-2 zone is 4 000 square metres.

(4) The maximum residential density in an R-2 zone is 2 dwelling units per parcel and the following conditions apply:

(a) 4 000 square metres of parcel area is required for each dwelling unit;

(b) buildings and structures may cover not more than 33% of the parcel;

(c) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway;

(d) no building or structure containing a dwelling unit may be more than 7.6 metres high.

(5) The provisions of section 18 apply to this section.

Rural — R-3

27 (1) In an R-3 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) residential;

(b) civic;

(c) campsite;

(d) public recreation;

(e) commercial outdoor recreation;

(f) church;

(g) public utility.

(2) If a principal use of land has been established in an R-3 zone, secondary uses of land, buildings or structures are as permitted by section 22 for the keeping of animals and by section 23 for home occupation, cottage industry and home/host.

(3) The minimum parcel size at subdivision in an R-3 zone is 2 hectares.

(4) The maximum residential density in an R-3 zone is 2 dwelling units per parcel and the following conditions apply:

(a) 2 hectares of parcel area is required for each dwelling unit;

(b) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway;

(c) no building or structure may be more than 7.6 metres high.

(5) The provisions of section 18 apply to this section.

Multiple Residential — R-4

28 (1) In an R-4 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) residential;

(b) mobile home park;

(c) group residence;

(d) civic;

(e) church;

(f) public utility.

(2) If a principal use of land has been established in an R-4 zone, a secondary use of land, buildings or structures is as permitted by section 23 for home occupation.

(3) If a mobile home park has been established as the principal use in an R-4 zone, the following uses of land, buildings or structures are permitted:

(a) recreation areas and buildings for the use of the mobile home park tenants;

(b) areas for the storage of mobile homes or the storage of a resident's recreational vehicle, boat, goods or chattels.

(4) The minimum parcel size at subdivision for a mobile home park in an R-4 zone is 2 hectares.

(5) Except as provided in subsection (8), the minimum parcel area in an R-4 zone when there are one or 2 dwelling units per parcel is

(a) 2 000 square metres if both a community water system and a community sewer system serve the parcel,

(b) 3 000 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 4 000 square metres if neither a community water system nor a community sewer system serves the parcel.

(6) In an R-4 zone when there are 3 or more dwelling units per parcel, except in a mobile home park,

(a) 650 square metres of parcel area is required for each dwelling unit, but the parcel may not be smaller than 2 000 square metres if both a community water system and a community sewer system serve the parcel,

(b) 1 200 square metres of parcel area is required for each dwelling unit if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 1 680 square metres of parcel area is required for each dwelling unit if neither a community water system nor a community sewer system serves the parcel.

(7) Except in a group residence and a mobile home park, the maximum residential density in an R-4 zone is 15.4 dwelling units per hectare and the following conditions apply:

(a) buildings, structures, driveways, parking areas, patios, paved foot paths and pools may cover not more than 40% of the parcel;

(b) no building containing a dwelling unit may be more than 7.6 metres high;

(c) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(8) For a group residence in an R-4 zone, the following conditions apply:

(a) the minimum parcel size at subdivision is

(i) 1 000 square metres if both a community water system and a community sewer system serve the parcel,

(ii) 1 500 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(iii) 2 000 square metres if neither a community water system nor a community sewer system serves the parcel;

(b) for every person living communally or in long term care, and for any dwelling unit included, and for each staff member living in the building, there shall be a minimum of 200 square metres of parcel area;

(c) the maximum residential density is one dwelling unit per parcel;

(d) buildings, structures, driveways, parking areas, patios, paved foot paths and pools may cover not more than 30% of the parcel;

(e) no building may be more than 7.6 metres high;

(f) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(9) Mobile home parks shall be developed in accordance with the Dease Lake Mobile Home Park Regulation, 1991.

(10) The provisions of section 18 apply to this section.

Multiple Residential A — R-4A

29 (1) In an R-4A zone the principal use of land, buildings or structures is restricted to residential, and no other principal use is permitted.

(2) If a principal use of land has been established in an R-4A zone, a secondary use of land, buildings or structures is as permitted by section 23 for home occupation.

(3) The minimum parcel area for each dwelling unit in an R-4A zone is

(a) 650 square metres if both a community water system and a community sewer system serve the parcel,

(b) 1 200 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 1 680 square metres if neither a community water system nor a community sewer system serves the parcel.

(4) For the purposes of an R-4A zone, the parts of a waterworks system consisting of its water source, treatment, storage and transmission facilities located on a parcel not in the R-4A zone may be considered to be a community water system if

(a) the waterworks system provides domestic water to only one additional and contiguous parcel in the R-4A zone,

(b) the parts of the waterworks system on the parcel with the water source and affecting the parcel served are within a continuous easement of dimensions satisfactory to the approving officer,

(c) the easement under paragraph (b) is in favour of the parcel served,

(d) the waterworks system is capable of providing not less than 2 300 litres of potable water per day per dwelling unit to each dwelling unit served by the waterworks system, and

(e) the waterworks system is approved under section 22 of the Health Act.

(5) The maximum residential density in an R-4A zone is 3 dwelling units per parcel, and the following conditions apply:

(a) buildings, structures, driveways, parking areas, patios, paved foot paths and pools may cover not more than 40% of the parcel;

(b) no building containing a dwelling unit may be more than 7.6 metres high;

(c) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(6) The provisions of section 18 apply to this section.

General Commercial — C-1

30 (1) In a C-1 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) retail sale of gasoline, food and goods, excluding heavy machinery or heavy equipment;

(b) rental of goods, excluding heavy machinery or heavy equipment;

(c) restaurants, cafes and premises that are licensed under the Liquor Control and Licensing Act;

(d) commercial indoor recreation and amusement;

(e) professional or similar or related services;

(f) banks and credit unions;

(g) personal service establishments;

(h) the servicing and repair of

(i) goods of the sort legally available for sale on the premises,

(ii) cars, in conjunction with a service station use but excluding auto body shops, and

(iii) commercial vehicles with a licensed gross weight not exceeding 5 500 kg, in conjunction with a service station use but excluding auto body shops;

(i) civic;

(j) public utility;

(k) church.

(2) Subsection (1) does not include any use that is manufacturing, salvaging or warehousing.

(3) If a principal use of land has been established in a C-1 zone, secondary uses of land, buildings or structures are as follows:

(a) residential;

(b) home occupation and home/host as permitted by section 23.

(4) The minimum parcel size at subdivision in a C-1 zone is

(a) 1 000 square metres if both a community water system and a community sewer system serve the parcel,

(b) 1 500 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 2 000 square metres if neither a community water system nor a community sewer system serves the parcel.

(5) Notwithstanding subsection (4), in a C-1 zone the minimum parcel size and site area for a restaurant, cafe or premises that are licensed under the Liquor Control and Licensing Act is 4 050 square metres unless both a community water system and a community sewer system serve the parcel in which case the minimum parcel size is 1 000 square metres.

(6) The maximum residential density in a C-1 zone is one dwelling unit per parcel and the following conditions apply:

(a) buildings, structures, driveways, parking areas, exterior storage areas and paved areas may cover not more than 40% of the parcel;

(b) no building containing a dwelling unit may be more than 7.6 metres high;

(c) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(7) The provisions of section 18 apply to this section.

Tourist Commercial — C-2

31 (1) In a C-2 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) hotels, motels and lodges;

(b) restaurants, cafes and premises that are licensed under the Liquor Control and Licensing Act;

(c) service stations;

(d) the servicing and repair of

(i) cars, in conjunction with a service station use but excluding auto body shops, and

(ii) commercial vehicles with a licensed gross weight not exceeding 5 500 kg, in conjunction with a service station use but excluding truck or auto body shops;

(e) public utility;

(f) float plane base;

(g) marina;

(h) campsite;

(i) commercial outdoor recreation.

(2) If a principal use of land has been established in a C-2 zone, secondary uses of land, buildings or structures are as follows:

(a) residential;

(b) home occupation and home/host as permitted by section 23.

(3) The minimum parcel size at subdivision in a C-2 zone is

(a) 1 000 square metres if both a community water system and a community sewer system serve the parcel,

(b) 1 500 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 2 000 square metres if neither a community water system nor a community sewer system serves the parcel.

(4) Notwithstanding subsection (3), in a C-2 zone the minimum parcel size and site area for a restaurant, cafe or premises that are licensed under the Liquor Control and Licensing Act is 4 050 square metres unless both a community water system and a community sewer system serve the parcel in which case the minimum parcel size is 1 000 square metres.

(5) The maximum residential density in a C-2 zone is one dwelling unit per parcel and the following conditions apply:

(a) each room or unit for rent in a hotel, motel or lodge shall have a minimum of 200 square metres of parcel area;

(b) buildings, structures, driveways, parking areas, exterior storage areas, patios, pools and paved areas may cover not more than 40% of the parcel;

(c) no building containing a dwelling unit or a motel, hotel or lodge may be more than 7.6 metres high;

(d) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(6) The provisions of section 18 apply to this section.

Light Industrial — I-1

32 (1) In an I-1 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) building and construction material storage and sales;

(b) manufacturing;

(c) manned radio transmission facilities;

(d) service stations;

(e) vehicle and equipment sales, repair and rental;

(f) warehousing and storage;

(g) wholesaling;

(h) public works;

(i) public utility.

(2) Subsection (1) does not include any use that is offensive within the meaning of the Health Act.

(3) If a principal use of land has been established in an I-1 zone, secondary uses of land, buildings or structures are as follows:

(a) offices and ancillary facilities;

(b) residential;

(c) home occupation and cottage industry as permitted by section 23.

(4) The minimum parcel size at subdivision in an I-1 zone is

(a) 1 000 square metres if both a community water system and a community sewer system serve the parcel,

(b) 1 500 square metres if a community water system serves the parcel but no community sewer system serves the parcel, or

(c) 1 940 square metres if neither a community water system nor a community sewer system serves the parcel.

(5) The maximum residential density in an I-1 zone is one dwelling unit per parcel and the following conditions apply:

(a) buildings, structures, driveways, parking areas, exterior storage areas and paved areas may cover not more than 50% of the parcel;

(b) no building containing a dwelling unit may be more than 7.6 metres high;

(c) no building, structure, outdoor storage or stored or parked vehicle may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(6) The provisions of section 18 apply to this section.

Heavy Industrial — I-2

33 (1) In an I-2 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) all principal uses permitted in an I-1 zone,

(b) fuel storage and sales,

(c) industry;

(d) salvaging and salvage including wrecked vehicles storage.

(2) Subsection (1) does not include any use that is offensive within the meaning of the Health Act.

(3) If a principal use of land has been established in an I-2 zone, secondary uses of land, buildings or structures are as follows:

(a) offices and auxiliary facilities;

(b) residential;

(c) keeping of animals;

(d) home occupation and cottage industry as permitted by section 23.

(4) The minimum parcel size at subdivision in an I-2 zone is 2 hectares.

(5) The maximum residential density in an I-2 zone is one dwelling unit per parcel and the following conditions apply:

(a) buildings, structures, driveways, parking areas, exterior storage areas and paved areas may cover not more than 50% of the parcel;

(b) no building containing a dwelling unit may be more than 7.6 metres high;

(c) no building, structure, outdoor storage or stored or parked vehicle may be within 4.5 metres of a side or rear property line or 8 metres of a highway.

(6) The provisions of section 18 apply to this section.

Airport — A-P

34 (1) In an A-P zone the principal use of land, buildings or structures is restricted to airports and heliports, and no other principal uses are permitted.

(2) If a principal use of land has been established in an A-P zone, secondary uses of land, buildings or structures are as follows:

(a) manned radio transmission facilities;

(b) storage of aircraft fuels;

(c) storage of aircraft;

(d) aircraft services;

(e) rental of aircraft;

(f) flying schools;

(g) storage and handling of cargo received by aircraft or to be shipped by aircraft;

(h) storage of fire suppression or forest management chemicals;

(i) provision of facilities and storage of equipment necessary for the operation and management of an airport;

(j) offices necessary for the operation of an airport;

(k) quarters for a flying club;

(l) restaurant;

(m) vehicle rental;

(n) residential;

(o) home occupation as permitted by section 23;

(p) fire suppression crew quarters.

(3) The minimum parcel size at subdivision in an A-P zone is 20 hectares.

(4) The maximum residential density in an A-P zone is one dwelling unit per parcel and the following conditions apply:

(a) no building containing a dwelling unit may be more than 7.6 metres high;

(b) no building, outdoor storage, or stored or parked vehicle or aircraft may be within 8 metres of a highway or 4.5 metres of any other property line.

(5) The provisions of section 18 apply to this section.

[am. B.C. Reg. 162/94, s. 2.]

Holding — H-1

35 (1) In an H-1 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) residential;

(b) campsites;

(c) public recreation;

(d) commercial outdoor recreation;

(e) public utility;

(f) mineral exploration and development.

(2) If a principal use of land has been established in an H-1 zone, secondary uses of land, buildings or structures are as permitted by section 22 for the keeping of animals and by section 23 for home occupation, cottage industry and home/host.

(3) The minimum parcel size at subdivision in an H-1 zone is 100 hectares.

(4) The maximum residential density in an H-1 zone is one dwelling unit per parcel and the following conditions apply:

(a) no building or structure may be within 4.5 metres of a side or rear property line or 8 metres of a highway;

(b) no building or structure containing a dwelling unit may be more than 7.6 metres high.

(5) The provisions of section 18 apply to this section.

Park — P-1

36 (1) In a P-1 zone the following principal uses of land, buildings or structures, and no other principal uses, are permitted:

(a) community garden;

(b) public recreation.

(2) No building or structure in a P-1 zone may be within 4.5 metres of a side or rear property line or 8 metres of a front property line.

(3) The provisions of section 18 apply to this section.

Division 7 — Parking

Parking space requirements

37 (1) Off street parking spaces shall be provided in accordance with Schedule D.

(2) If any of the uses of land, buildings or structures listed in Schedule D are established or expanded or if more than one use is established or expanded, the total parking requirement is the sum of the spaces required for each use.

Parking stalls

38 Off street parking spaces shall be rectangular and not less than 2.75 metres by 6 metres.

Existing Uses

39 Sections 37 and 38 do not apply to land, buildings or structures existing at the time this regulation came into force as long as the land, buildings or structures continue to be put to a use that does not require more parking or loading space than was required for the use existing at the time this regulation came into force.

Schedule A

Description of Community Planning Area No. 28 (Dease Lake)

(section 2)

Community Planning Area Number 28 constitutes all those lands contained within the following boundaries: Commencing at the northwest corner of Lot 5470, Cassiar District; thence north to a point which lies due west of the most northerly corner of Lot 6746; thence east for a distance of 4 500 metres; thence north to a point which lies due west of Nine Mile Point; thence east to a point which lies due north of the northeast corner of Lot 6904; thence south to a point which lies due east of the northeast corner of Lot 5459, Indian Reserve Number 9 (Dease Lake); thence east for a distance of 2 500 metres; thence south to a point which lies due east of the most northerly corner of Lot 6746; thence east to a point which lies due north of the point of intersection of the middle line of the Tanzilla River with the centre line of Cassiar Highway Number 37 as constructed on the ground; thence south to said point of intersection of the middle line of the Tanzilla River with the centre line of Cassiar Highway Number 37; thence west to a point which lies due south of the most southerly corner of Lot 5470; thence north to said corner; thence northerly along the westerly boundary of said Lot 5470 to the aforesaid northwest corner thereof; being the point of commencement.

Schedule B

Sight Triangle

(section 16)

1 "Sight triangle" means the area formed by a triangle in the angle formed by the right of way boundaries or boundaries produced and 2 points on those boundaries 6 m from the point of intersection, as shown crosshatched in the diagram following:

Schedule C

[am. B.C. Regs. 210/92; 256/92; 162/94, s. 3.]

Zoning Map

(section 19)

[exempt from publication]

NOTE: Schedule C is exempt from publication under section 6 of the Regulations Act. It may be inspected at the offices of Planning Advice and Approvals Branch, Ministry of Municipal Affairs, PO Box 9490 Stn Prov. Gov't, Victoria, B.C. V8W 9N7.

Schedule D

Parking Space Requirements

(section 37)

[Provisions of the Local Services Act, R.S.B.C. 1996, c. 276, relevant to the enactment of this regulation: section 4]

Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada