THE CORPORATION OF THE CITY OF ROSSLAND AGENDA- REGULAR MEETING
Tuesday, October 11, 2011 7:00PM Council Chambers City Hall
SUBJECT MATTER RECOMMENDATION
1 CALL TO ORDER Call to Order Call Meeting to Order
2 PUBLIC INPUT PERIOD
3 REGULAR MEETING AGENDA October 11, 2011 Agenda Adopt Agenda
4 MINUTES a) September 19, 2011 Regular Meeting Minutes Adopt Minutes
b) September 19,2011 Committee-of-the-Whole Adopt Minutes and recommendations within. 5 REGISTERED PETITIONS AND DELEGATIONS Nil
6 UNFINISHED BUSINESS
a) Corporate Officer- Request for Consideration of request for in-kind Council deny the Rossland Radio Decision donation of services from the Cooperative's request to move the Rossland Radio Cooperative to move tower located at 2096 Second Avenue, the radio tower. with a grant in aid from the City of Rossland, to 1807 Columbia Avenue.
7 RECOMMENDATIONS FROM STAFF FOR DECISION a) Manager of Planning and ·First and Second Reading of Zoning THAT Council give first and second Development Services - request Bylaw No. 2518 and scheduling of reading to Bylaw No. 2518, 2011 -City for decision Public Hearing of Rossland Zoning Bylaw AND FURTHER THATthe Public Hearing for Bylaw No. 2518 be setfor November 14, 2011.
8 REQUESTS ARISING FROM CORRESPONDENCE
Nil
9 INFORMATION ITEMS
a) Information Items Summary of informational items 18(a) Receive the list of information items to 18(d) and approve the recommendations.
10 BYLAWS a) Manager of Finance- Request Bylaw No. 2516-2012 Permissive Adoption for Decision Tax Exemption Bylaw
b) Manager of Finance- Request Bylaw No. 2517-2012 Revitalization Adoption for Decision Tax Exemption Bylaw
1 of 219 11 COUNCIL MEMBER REPORTS; NOTICE OF MOTIONS
a) Councillor Charlton - Notice of Skatepark location THAT Council dedicate Lot 23, Block Motion 28 PID 010-983-783 to the Rossland Skatepark Association (RSA) for up to two years in order for the RSA to explore and fully leverage funding opportunities, AND FURTHER THAT the July 11, 2011 resolution concerning the Skatepark location be rescinded.
12 ADJOURNMENT
2 of 219 THE CORPORATION OF THE CITY OF ROSSLAND
REGULAR MEETING OF COUNCIL MONDAY. SEPTEMBER 19, 2011
PRESENT: MAYOR GREG GRANSTROM COUNCILLOR KATHY WALLACE COUNCILLOR HANNE SMITH COUNCILLOR KATHY MOORE COUNCILLOR JILL SPEARN COUNCILLOR ANDY STRADLING COUNCILLOR LAURIE CHARLTON
STAFF PRESENT: CHIEF ADMINISTRATIVE OFFICER V.Kumar CORPORATE OFFICER T. Butler
GALLERY
CALL TO ORDER: ,,h, ,Ill,, The Mayor called the Meeting to order at 7:05p.m. ,, .. .'_1, 11 111 1 ·''II1, . ·.lo. 1t•',
' ( ,. ADOPTION OF AGENDA:
MOTION: SPEARN I CHARLTON
RESOLVED THAT THE SEPTEMBER 19,2011 REGULAR MEETING AGENDA BE ADOPTED.
CARRIED.
MINUTES:
MOTION: CHARLTON I WALLACE
RESOLVED THAT THE MINUTES OF THE REGULAR MEETING OF COUNCIL HELD ON TUESDAY, SEPTEMBER 6, 2011, BE ADOPTED.
CARRIED.
SEPTEMBER 19, 2011 REGULAR MEETING Page 1 3 of 219 MOTION: CHARLTON I SPEARN
RESOLVED THAT THE MINUTES OF THE PUBLIC HEARING FOR BYLAW NO. 2515 HELD ON TUESDAY, SEPTEMBER 6, 2011, BE ADOPTED.
CARRIED.
MOTION: WALLACE I MOORE
RESOLVED THAT THE MINUTES OF THE COMMITTEE-OF-THE-WHOLE MEETING HELD ON TUESDAY, SEPTEMBER 6, 2011, BE AMENDED BY CHANGING THE RESOLUTION REGARDING "TOURIST ACCOMMODATION" BEING REMOVED AS A PERMITTED USE IN SECTION 7.1 - COMMERCIAL DOWNTOWN CORE TO ALLOWING "TOURIST ACCOMMODATION" IN SECTION 7.1 -COMMERCIAL DOWNTOWN CORE.
CARRIED.
,...... · ''I ll ·''tt It ,1•.., .II•' lit CHARLTON I MOORE '11111111 ltll•' MOTION: 1 ,1ii1Jjl'-' 1 1 ,. •1111 h II' ' RESOLVED THAT THE MINUTES OF ' 1 ~~~~ ~6MMITTEE-OF-THE-WHOLE MEETING HELD ON TUESDAY, SEPTEMBER 6, 2011 • ; ''~1 1 iJJ:IE RECOMMENDATIONS CONTAINED WITHIN, 111 BE ADOPTED AS AMENDED. ·• 111 'II ·' 1It •' CARRIED.
MOTION: CHARLTON I MOORE
RESOLVED THAT THE MINUTES OF THE SPECIAL MEETING OF COUNCIL HELD ON MONDAY, SEPTEMBER 12, 2011, BE ADOPTED.
CARRIED.
MOTION: CHARLTON I SMITH
RESOLVED THAT THE MINUTES OF THE COMMITTEE-OF-THE-WHOLE MEETING HELD ON MONDAY, SEPTEMBER 12, 2011, AND THE RECOMMENDATIONS CONTAINED WITHIN, BE ADOPTED.
CARRIED. ..
SEPTEMBER 19, 2011 REGULAR MEETING Page 2 4 of 219 DELEGATIONS:
a) ATCO Wood Products Ltd. -Presentation from Mr. Scott Weatherford regarding logging activity in the area surrounding Rossland.
Mr. Scott Weatherford and Mr. Craig Stemmler, ATCO Wood Products, gave a PowerPoint presentation to Council on the history and operations of the company. Topics covered included legislation, referral process, cutting permits, manufacturing, forestry, transportation, employment, community support, visual design, silviculture and economic growth.
b) Rossland Radio Cooperative- Presentation from Mr. Marty Cancilla
Mr. Marty Cancilla, Rossland Radio Co-op, requested Council re-consider an in-kind donation of equipment use and labour to help move the radio tower from the Second A venue location to the Rotary Health Centre location. Mr. Cancilla explained the steps the Radio Co-op has taken to inform the neighbourhood of the plan to relocate the tower and has received one letter of support for the project. Mayor explained that Council would make a decision regarding the request at the next Regular Meeting October 11, 2011.
UNFINISHED BUSINESS:
Nil
'l(11 1flllltt'' RECOMMENDATIONS FROM S'f!.I\FF,•'""lllh F.OR •. ''"···· DECISION: ''Ill I' a) Planning Assistant Request 'forII··· Decision- Development Variance Permit Application -1746 Victoria Avenue.
MOTION: MOORE I WALLACE
RESOLVED THAT COUNCIL APPROVE THE DEVELOPMENT VARIANCE PERMIT APPLICATION TO VARY THE FRONT SETBACK REQUIREMENT AS ESTABLISHED IN THE CITY OF ROSSLAND ZONING BYLAWN0.1912 FROM 4.0 METRES TO 0 METRES AND THE INTERIOR SIDE SETBACK REQUIREMENT FROM 1.8 METRES TO 0.86 METRES, FOR THE PROPERTY LEGALLY DESCRIBED AS PARCEL C, BLOCK 15, DISTRICT LOT 535, KOOTENAY DISTRICT PLAN 579A, LOCATED AT 1746 VICTORIA AVENUE (PID 026-697- 602)
CARRIED.
SEPTEMBER 19, 2011 REGULAR MEETING Page 3 5 of 219 b) Planning Assistant Request for Decision- Development Variance Permit Application -1936 Planer Crescent.
MOTION: . SMITH I SPEARN
RESOLVED THAT COUNCIL APPROVE THE DEVELOPMENT VARIANCE PERMIT APPLICATION TO VARY THE FRONT SETBACK REQUIRMENT AS ESTABLISHED IN THE CITY OF ROSSLAND ZONING BYLAW NO. 1912 FROM 4.0 METRES TO 0 METRES, FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS 8 AND 9, BLOCK 13, DISTRICT LOT 537, KOOTENAY DISTRICT PLAN 683, LOCATED AT 1936 PLANER CRESCENT (PID 016-149-807, PID 016-149-823) CARRIED.
REQUESTS ARISING FROM CORRESPONDENCE:
Nil
INFORMATION ITEMS: ,,,,,,•'"· 11 INFORMATION ITEMS NUMBERED 17(a) TO 1:.~ ~~ · :::·.. _ ''''Jt·· a) UBCM letter and members release reg MOTION: MOORE I STRADLING RESOLVED THAT INFORMATION ITEMS 17(a) TO 17(c), BE RECEIVED AND ACTED UPON AS RECOMMENDED. CARRIED. BYLAWS: a) Manager of Finance Request for Decision- 2012 Permissive Tax Exemption Bylaw No. 2516. First three readings. MOTION: MOORE I CHARLTON RESOLVED THAT BYLAW No. 2516 - 2012 PERMISSIVE TAX EXEMPTION BYLAW BE READ A FIRST, SECOND AND THIRD TIME. CARRIED. SEPTEMBER 19,2011 REGULAR MEETING Page 4 6 of 219 b) Manager of Finance Request for Decision - 2012 Revitalization Tax Exemption Bylaw No. 2517. First three readings. MOTION: CHARLTON I MOORE RESOLVED THATBYLAWNo. 2517-2012 REVITALIZATION TAX EXEMPTION BYLAW BE READ A FIRST, SECOND AND THIRD TIME. CARRIED. MEMBERS REPORTS Councillor Spearn: Councillor Spearn reported on the following items: • Attendance at the Rossland Chamber of Commerce Meeting and the Neighbourhoods of Learning Committee (NoL) Meeting. • RSS down 25 students, 10 of those went to J.L. Cro";P.\;M:acLean School up 22 students. • Rossland Chamber of Commerce meeting maip ~:.lo~i~ ~as the Columbia/Washington rebuild 11 1 project. ·''lt11 ,11.. .1 11!.. lith •.. Councillor Moore: ·\::!'1'''11'..'. 1 ,. · Councillor Moore reported on the followin_g l it~ : 11 • Requested Beaumont Timber be iny,ite4, 1 !!8 !(~11 aelegation similar to ATCO presentation. • Updated Council on the Sustainability C~ml¥ussion . • Attendance at induction ceremony i6~~J'"Home of Champions". • Inquired into forming a community group_for the Washington/Columbia rebuild project. Councillor Wallace: Councillor Wallace reported on the following items: • Golden City Days and concerns that too many venues spreading out the population. Councillor Stradling: Councillor Stradling reported on the following items: • Inquiries received regarding the Washington I Columbia rebuild project. Councillor Smith: Councillor Smith reported on the following items: • Tourism Rossland Annual General Meeting. Report will follow in Council Information Package. Councillor Charlton: Councillor Charlton reported on the following items: • Notice of Motion regarding Lot 23 to be used for a Skatepark location for October 11, 2011 meeting. • Requested update on negotiations between Teck and the City regarding the Museum Adit. • Inquired into the holdback for BWM and repair work to be done. SEPTEMBER 19, 2011 REGULAR MEETING Page 5 7 of 219 Mayor Granstrom: Mayor Granstrom reported on the following items: • Meeting with downtown business owners to update them on the Columbia/Washington rebuild project. CLOSED MEETING RESOLUTION: MOTION: SPEARN I WALLACE RESOLVED THAT THE PROCEEDINGS OF THE REMAINDER OF THE MEETING OF SEPTEMBER 19, 2011 BE CLOSED TO THE PUBLIC PURSUANT TO SECTON 90(1)(E)(H) AND (K) OF THE COMMUNITY CHARTER. CARRIED. ADJOURNMENT: MOTION: GRANSTROM ,,h, ,,••'lth, RESOLVED THAT TillS REGULAR MEETING OF'COtJl;t.CIL BE ADJOURNED AT 8:40P.M. ·"''' ,, ,,,...,. .1•' ''"'''Ill ,,,,,. CARRIED. II ,lllljt••' 11 .Ill 1 MAYOR GREG E. GRANSTROM CORPORATE OFFICER- TRACEY BUTLER SEPTEMBER I9, 20 II REGULAR MEETING Page 6 8 of 219 THE CORPORATION OF THE CITY OF ROSSLAND COMMITTEE-OF-THE-WHOLE MEETING OF COUNCIL MONDAY, SEPTEMBER 19, 2011 PRESENT: MAYOR GREG GRANSTROM COUNCILLOR JILL SPEARN COUNCILLOR KATHY MOORE COUNCILLOR HANNE SMITH COUNCILLORLAURffiCHARLTON COUNCILLOR KATHY WALLACE COUNCILLOR ANDY STRADLING STAFF PRESENT: CHIEF ADMINISTRATIVE OFFICER V.Kumar CORPORATE OFFICER T. Butler MANAGER OF PLANNING & DEVELOPMENT M. Maturo PLANNING ASSISTANT S. Lightbourne GALLERY •'"'· / 1111 CALL TO ORDER: . ,,;,t; lt •' 11 It ...th, ,lt., .1··· The Mayor called the Meeting to order at 5:00 p.m. 111, 11 '':''"'''I ,,lJl lr tr'' It·· ADOPTION OF AGENDA: MOTION: SMITH I MOORE RESOLVED THAT THE SEPTEMBER- r9;-20ri- COMMITTEE-OF-THE-WHOLE MEETING AGENDA BE ADOPTED. CARRIED. OPERATIONAL DISCUSSIONS & PRESENTATION BY STAFF: a) Discussions on the new Zoning Bylaw - Second Draft MOTION: MOORE I CHARLTON RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT THE DEFINITION OF "COMMERCIAL, SERVICE USE" BE AMENDED BY REMOVING "OF ANY GOODS THAT NECESSITATE ACCESS BY MOTOR VEHICLE". CARRIED. SEPTEMBER 19, 2011 COMMITTEE-OF-THE-WHOLE MEETING Page 1 9 of 219 MOTION: CHARLTON /STRADLING RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT THE DEFINITION OF "RECREATIONAL CABIN'' BE DELETED". DEFEATED. MOTION: MOORE I SPEARN RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT THE DEFINITION OF "RECREATIONAL CABIN" INCLUDE "MUST FEATURE A COMPOSTING TOILET OR EQUIVALENT". CARRIED. MOTION: CHARLTON I STRADLING RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT THE DEFINITION OF "TOURIST ACCOMMODATION;,l•BE CHANGED TO READ "BUILDING" 11 INSTEAD OF "DWELLING". -!1'' 11 •'"·' 11 ,,, .•• ,.,•' .., 'I I'' DEFEATED. 'II •''· . II.. ''I'll''''., ,,11!11".· .,,,, . 1 MOTION: CHARLTON I MOORE At,·"'''!I 1'1.,,.. • ltll!''llttuw' RESOLVED THAT THE COMMITIEE~®F-1i'HE-WHOLE RECOMMEND TO COUNCIL THAT THE DEFINITION OF "TOURIST l(C@.~MMODATION" BE CHANGED TO READ "TWO OR MORE" INSTEAD OF "ONE". 1 ~11"' CARRIED. MOTION: MOORE I WALLACE RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT UNDER "GENERAL REGULATIONS" SECTION 4.1.2 d) 6) BE CHANGED TO READ "THREE OTHER PERSONS" INSTEAD OF "ONE OTHER PERSON". CARRIED. MOTION: CHARLTON I STRADLING RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT THE GENERAL REGULATIONS "SECONDARY SUITE DWELLING" C) 3) INCLUDE "OR A SINGLE FAMILY DWELLING WITH A B&B". DEFEATED. SEPTEMBER 19, 2011 COMMITTEE-OF-THE-WHOLE MEETING Page 2 10 of 219 MOTION: CHARLTON I STRADLING RESOLVED THAT THE COMMITTEE-OF-THE-WHOLE RECOMMEND TO COUNCIL THAT "6.2 R-IIDETACHED INFILL RESIDENTIAL" ZONE BE DELETED. DEFEATED. Discussions concluded at Section 7.1 ADJOURNMENT: MOTION: GRANSTROM RESOLVED THAT THE SEPTEMBER 19, 2011 COMMITTEE-OF-THE-WHOLE MEETING IS ADJOURNED AT 6:45P.M. CARRIED. C E R T IF IE D C 0 R R E C T: MAYOR GREG E. GRANSTROM CORPORATE OFFICER- TRACEY BUTLER SEPTEMBER 19, 2011 COMMITTEE-OF-THE-WHOLE MEETING Page 3 11 of 219 THE CITY OF ROSSLAND REQUEST FOR COUNCIL DECISION DATE September 21, 2011 TOPIC Rossland Radio Cooperative PROPOSAL Location Change of Radio Tower and request for in-kind donation. PROPOSED BY : Corporate Officer ======SUMMARY: Mr. Marty Cancilla, Rossland Radio Cooperative Director, presented to Council at the July 11, and September 19, 2011 Council Meetings requesting an in-kind donation of services to help relocate the radio tower to 1807 Columbia Avenue. As previously reported, Staff have raised concerns about moving the tower to 1807 Columbia Avenue in respect to the condition and long term plans for the building and the esthetics of moving this tower close to a significant heritage site (Miners' Hall) and the downtown core. The Rossland Radio Cooperative lease for the building at 1807 Columbia Avenue expires February 28, 2013. Section C 10. of the Agreement speaks to improvements to the property. At the July 25, 2011 Regular Council Meeting, Council requested the Radio Cooperative hold some type of public consultation to inform neighbours of the proposed plan. Two letters have been received from neighbours regarding the proposed move (attached). STAFF RECOMMENDATIONS: Council deny the Ross/and Radio Cooperative's request to move the tower located at 2096 Second Avenue, with a grant in aid from the City of Ross/and, to 1807 Columbia Avenue. OPTIONS AND ALTERNATIVES: 1. Council deny the Rossland Radio Cooperative's request to move the tower located at 2096 Second Avenue, with grant in aid using city labour and equipment, to 1807 Columbia Avenue. Council may also wish to approve the relocation without the grant in aid of equipment and labour. 2. Council approve the Rossland Radio Cooperative's request to move the tower located at 2096 Second Avenue, with grant in aid from the City of Rossland in the amount of $1,321, to 1807 Columbia Avenue. The Manger of Operations will move forward with the project. BENEFITS, DISADVANTAGES AND NEGATIVE IMPACTS: Option 1: Denying the request will address the concerns brought forward by Staff regarding esthetics and the future plans for the building. The Manager of Infrastructure and Facilities has identified the building as no longer fiscally responsible to maintain. Council must also be mindful of Section 24 & 25 of the Community Charter - Restrictions on Providing Assistance. Denying the request may be viewed unfavorably by the volunteers that operate the Radio Cooperative. Option 2: Approving the request will see the Rossland Radio Cooperative being able to increase elevation of their antenna and help with signal strength and coverage, making their product more viable. This signifies long term use of the location and building which may not be the future direction and most productive use of this City property. 12 of 219 COSTS AND BUDGET IMPACT· REVENUE GENERATION : The estimated direct cost of labour and equipment associated with this request is $1,321.This will be reported in the annual grant in aid given to groups and organizations. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: The Rossland Radio Cooperative is a not for profit organization servicing the community. Council has in the past assisted other non-profit organization with similar grant in aid donations. Section 24 & 25 of the Community Charter address restrictions on providing assistance. ~- _J orate Offrcer rewed by Crty Manager 13 of 219 Page 1 of 1 Tracey Butler From: Mayor Rossland Sent: Friday, September 23, 2011 1:57 PM To: Tracey Butler Subject: Fwd : Relocating 17m Tower to Columbia Avenue Tracey, for the record, From sunny Princeton G Sent from my iPhone Begin forwarded message: From: Craig Grimsrud Dear Mr. Cancilla: Thank you for your notice and request for comment regarding the possibility of relocating a 17m radio tower to the Rotary Health Center on Columbia Ave. in Rossland. My wife and I own and live in the house at 1808 Columbia Avenue directly across from the proposed site ofthe tower. Installation of the tower will negatively impact us as it will be in our line of sight as we view lower Rossland. I believe your picture of the Rotary Health Center marked up with the proposed tower is misleading as it does not accurately reflect the actual height of the tower. The markup shows the tower to be approximately 5m tall, about twice as high as the Health Center's roof, when in fact the tower is 17m tall more than three times the height shown in the mark up. This is the issue that we have with your project. Because of the extreme height of the tower when we look south from any where from our front yard and the main floor of the house we will be looking directly at the tower, rather than an unimpeded view Lower Rossland and the mountains behind it. If in fact the tower was only as tall as shown in your marked up picture it would pose no issue for us. Is there a possibility that the tower would be lighted? If this is the case it would further exacerbate the situation as the light would intrude upon our property. From our point of view we would hope that the tower could be located at another site so that our view would not be compromised. Yours sincerely. Craig and Patti Grimsrud 1808 Columbia Avenue (250) 362 7778 14 of 219 9/23/2011 Page 1 of 1 Tracey Butler From: Scott Leyland [[email protected]] Sent: Tuesday, September 13, 2011 1:05 PM To: [email protected] Cc: Tracey Butler Subject: Re placement of radio tower Attachments: Rossland Co-op Radio tower.jpg Dear Marty and Tracey Irene and I live next door (1815 Columbia) to the health unit building. We are supporters of the co-op radio and try to listen often. The current transmission situation means that generally we cannot get the signal, even when in our car going to/from Trail. We agree that for Rossland Radio to succeed, the tower needs to move. We got the Co-op letter late last week, explaining the proposed site for the tower, then we measured and looked at the sight lines from our house. Unfortunately, the proposed location (where the current antenna is) would be in the middle of our upstairs view of Mount Roberts and Record Ridge. We have two alternate sites, that would not significantly impact our viewlines to the west. Our first suggested alternative site; about 6 metres closer to Columbia Avenue, either side of the next window (closest to Columbia Avenue). This would put the tower about 6 metres (or less) from the Columbia Ave edge of the health building eave. Besides giving an extra metre elevation, because of the higher ground, it would be just north of our view of Mount Roberts, thus eliminating our concerns. We've checked the sightlines along Columbia Avenue both from the east (city side) and the west (miners hall side) and believe that the apartment to the east and the miners hall to the west would effectively block views of the tower for road and pedestrian traffic except when very close to the building itself. Our second suggested alternative site; across the alley adjacent to the utility pole seen in the attached picture. This would be the best site, from our view. It would be essentially south of our view of Record Ridge, and although taller than the utility pole, it would be no less aesthetic than the current pole and lines are. Of note, the_pole is the last pole along that route, so placing the tower on the west side of the pole would not interfere with the utilities functions. Thank you for considering our concerns and suggested alternatives, in planning for the tower placement. We look forward to better radio reception with the new site placement. Sincerely, Scott and Irene Leyland 15 of 219 9/14/2011 !- ·gives a rough idea of tower placement and height e. :.:,.. ;.. 13ft.. , ,,.w, -li;r" Jl' :.~\ , ..L r.~~~~i' it '+t-s q1r\~vr t'\,_fll::- .~ ... '·',, 'I·' 'l 16 of 219 ,_ IOI.IFm ROSSLAND Q •a•JO CO•OII Rossland Radio Cooperative 1807 Columbia Ave. Box 408 Rossland BC VOG 1 YO 250-362-0080 radio @ross Ia ndradio .com July 5 2011, Dear Mayor and Council, The Rossland Radio Cooperative would like to thank you again for the privilege of renting our new space on Columbia Ave. Notable developments of late include; • Radio bingo, a successful spring event • Visit and interview with NDP MP Alex Atamanenko • Formation of a 'screen press committee' to put to use our newt-shirt silk screen press • Grant awarded from Columbia Power Corporation for the purchase of a new studio computer • Grant awarded from Columbia Basin Trust for the purchase of new broadcasting equipment • Grant awarded from Teck Metals inc. For the purchase of a new air conditioner to help keep our studio equipment cool. Our next move is to change the location of our radio tower from 2"d Ave. (old police station, current home of K2 contracting) and place it beside our new location. This will increase elevation of our antenna and help with signal strength and coverage, making our product more viable. We have; • All necessary permissions from Industry Canada • Permission from Burke Jones, the owner of the building, to take and move this • Permission from K2 contracting to dig the footing for this tower and move it • An agreement with Jordy Hall (expert climber and lift maintenance person at Red Mountain, to help climb the tower and dismantle it prior to the move). • An agreement with Matt Williamson (licensed builder) to help with logistics and setting it up. We are asking; That the city of Rossland help us with an in-kind donation of their services to help dig the hole for the tower beside 1807 Columbia Ave., dig out the footing for the tower at the old location and move it to the proposed location. Thank you for your time and consideration. Marty Cancilla, Rossland Radio Cooperative director. 17 of 219 July 18, 2011 Cost to move concrete pad (not antenna) for Radio Co-Op from their previous location of 2096 Second A venue to the Rotary Building at 1807 Columbia A venue and fill in the hole at the old site. Quote to move concrete pad: Vactor Truck 3 hours $285 Backhoe 1 hour $45 Loader 1 hour $68 2 employees 8 hours each $780 Subtotal $1178 Quote to fill in hole: Backhoe 1 hour $45 2 employees 1hrs each $98 Subtotal $143 ------Total $1321 18 of 219 19 of 219 20 of 219 2003 COMMUNrrY CHARTER SBCChap. 26 (d) gas, electrical or other energy supply system. (2) The maximum term of an initial agreement or a renewal agreement under this section is 21 years. Agreements with other public authorities 23. (1) A council may make agreements with a public authority respecting (a) activities and services within the powers of a party to the agreement, including agreements respecting the undertaking, provision and operation of activities and services, (b) operation and enforcement in relation to the exercise of authority to regulate, prohibit and impose requirements within the powers of a party to the agreement, and (c) the management of property or an interest in property held by a party to the agreement. (2) An agreement between a municipality and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council. Division 2 - Restrictions on Providing Assistance Publication of intention to provide certain kinds of assistance 24. (1) A council must give notice in accordance with section 94 [public notice] of its intention to provide any of the following forms of assistance to a person or organization: (a) disposing of land or improvements, or any interest or right in or with respect to them, for less than market value; (b) lending money; (c) guaranteeing repayment of borrowing or providing security for borrowing; (d) assistance under a partnering agreement. (2) The notice must be published before the assistance is provided and must (a) identify the intended recipient of the assistance, and (b) describe the nature, term and extent of the proposed assistance. ' I General prohibition against assistance to business and exceptions Dec.l/07 13 iCompass (powered 21by of Quickscribe) 219 THIS AGREEMENT DATED FOR REFERENCE THE B!BAY OF filxuary ,2010. BETWEEN: The Corporation of the City of Rossland, of 1899 Columbia Ave., Box 1179, Rossland, British Columbia, VOG 1YO (the "City") AND: Rossland Radio Co-Op, of P.O. Box 408, Rossland, British Columbia, VOG 1YO (the "Lessee") WHEREAS the Lessee wishes to lease from the City a portion of the building located on lands legally described as: Lot 24, Block 26, Plan 579, 1807 Columbia Avenue, and the City agrees to lease to the Lessee that portion of the building on the terms and conditions set forth herein. AND WHEREAS the Lessee wishes to use the West side of the main floor for the purpose of operating a community radio station. THEREFORE IN CONSIDERATION of the rents received and the covenants contained in this agreement on the part of the Lessee, the City hereby agrees to lease to the Lessee the West side of the main floor (the 'Property'). A. TERM 1) This agreement shall remain in effect and in force for a term of three years from the 1st day of March, 2010, until the 28th day of February, 2013, and may be terminated earlier by either party giving to the other not less than sixty (60) days written notice. Such termination shall not affect those rights of the parties hereto which have occurred prior to the date of the termination and shall not relieve any party from its obligations, which have arisen during the term thereof. 2) At the expiry of the initial three (3) year term, the agreement shall be renewed for additional one year ( 1) terms, and remain in effect unless a written notice of termination is given by either party of not less than sixty (60) days. 3) This agreement may be terminated upon 24 hours written notice if, in the sole discretion of the City, any of the covenants listed in Section D of this agreement are violated or if the Lessee, its employees, servants, agents, invitees, or licensees are responsible for any loss or damage to the 'Property' or any City owned equipment or materials stored in the 'Property'. Ross! and Radio Co-Op 20 10 Agreement Page 1 22 of 219 B. RENT 1) The Lessee agrees to pay to the City, without any deduction whatsoever, $220.00/month for rent and $40.00/month for electrical (plus GST/HST) in each month of the term payable commencing the first day of each month of the term. 2) At the conclusion of the first year and each subsequent year, a review of the cost associated with electrical will be reviewed by both parties with the potential to increase for the following year. C. LESSEE'S COVENANTS The Lessee covenants with the City as follows: 1) during the term of this agreement, to pay the rent; 2) to pay on a 50/50 cost share apportionment with the City the gas utility cost; 3) to pay all, taxes (municipal tax exempt), rates, charges, license fees, duties and assessments whatever whether municipal, provincial or federal or otherwise now or hereafter charged upon, levied and imposed in respect of the 'Property' and in respect of any personal 'Property', fixtures, business or income of the Lessee or any activity carried on, upon or in connection with the 'Property'; 4) to use the 'Property' solely for the purpose of operating a community radio station; 5) to use the common hallway and front entrance for emergency, wheelchair and bathroom access only; ------6)- at-the Lessee's own expense to maintain the 'Property' in good order and condition; 7) to ensure that the 'Property' is kept free of debris, garbage and other objectionable material; 8) to ensure that the 'Property', common hallway and bathroom are cleaned to a standard acceptable by the City. 9) at the Lessee's own expense to provide and keep in force for the benefit of the City and the Lessee comprehensive general liability insurance in an amount not less than $2,000,000.00 in respect of injury to or death of an person and damage to 'Property' of others arising from any one accident and provide a copy of said insurance to the City annually upon renewal; Rossland Radio Co-Op 2010 Agreement Page 2 23 of 219 10) not to construct or make any improvements, on the 'Property' without the prior written consent of the City; 11) not to commit, suffer, permit or carry on anything in or about the 'Property' that shall be deemed or result in a nuisance or which shall be offensive or any annoyance to the City; 12) to yield up the 'Property' in substantially the same condition at the expiry of this agreement as they were at the commencement of this agreement and, at his own cost, to remove such structures as the Lessee may have erected; 13) to observe the provisions and requirements of all statutes, orders-in-council, bylaws, rules and regulations, municipal, provincial or federal, relating to the 'Property'; 14) to indemnify the City against all liabilities, claims, actions, suits, damages or expenses arising out of any act or neglect of the Lessee, its servants, employees, agents, invitees or licensees in and about the 'Property', or arising out of any breach, violation or non performance by them of any provision of this agreement, including liability for injuries or damage to the persons or 'Property' of the Lessee's servants, employees, agents, invitees or licensees and the forgoing indemnification shall survive the termination of this agreement; 15) to indemnify and save harmless the City from and against all liens and related costs and other claims in connection with all work performed by or for the Lessee on the 'Property', and to promptly remove all registered claims and liens from title; 16) not to assign, sublet or part with possession of any part of the 'Property' without the consent of the City; 17) that in case the Lessee shall make an assignment for the benefit of creditors or, becoming bankrupt or insolvent, shall take the benefit of any Act that may be in force for the benefit of bankrupt or insolvent debtors, or if a receiving order in bankruptcy shall be made against the Lessee or if the term granted by this agreement be at any time seized or taken in execution or in attachment, then if the City decides that this agreement shall cease and the term created by it be at an end, anything herein to the contrary notwithstanding, the full amount of the rent for the current year and the next ensuing year shall immediately become due and payable and the City may re-enter and take possession of the 'Property' and the City shall have the right to collect for the rent then due and payable. D. PROVISOS Provided always that it is agreed between the parties as follows: 1) proviso for re-entry by City on non-performance of covenants; Rossland Radio Co-Op 20 10 Agreement Page 3 24 of 219 2) The City may enter and view the state of repair of the 'Property' and the Lessee will repair according to notice in writing. If the Lessee refuses or neglects to make the repairs in such notice, the City may make them and charge the cost of them to the Lessee who will promptly pay the same to the City; 3) The Lessee has examined the 'Property' before taking possession and found it to be in good order and satisfactory condition for the purpose intended. The Lessee agrees there is no promise, representation or undertaking binding upon the City with respect to any alteration in the 'Property' and the Lessee will not call on the City to pay for any work or supply any equipment to make the 'Property' more suitable for the proposed use; 4) Attached "Schedule E" is agreed upon as the permitted modifications and lease hold improvements to be made by the Lessee to the building prior to occupancy by the Lessee. 5) The waiver or acquiescence of the City in any default by the Lessee under any paragraph of this agreement shall not be deemed to be a waiver of that paragraph or any subsequent or other default under this agreement; 6) The City will not be responsible, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the 'Property' or for any loss of or damage to 'Property' belonging to the Lessee; 7) Any written notice provided for in this agreement shall be effectually given by mail addressed or delivered by hand to the City or to the Lessee, as the case may be, at their respective addresses as found on the first page of this agreement, and every such notice shall be deemed to be given three days after it is mailed or, if delivered, the day it is delivered; 8) a) This agreement contains the entire agreement between the City and the Lessee and it is declared that there is no condition precedent or warranty of any nature, and no warranty or covenant collateral to this agreement; (b) This agreement may not be modified or amended except by instrument in writing signed by the City and the Lessee; 9) Words importing the singular shall include the plural, and words importing firms and corporations shall include persons. Unless the context otherwise requires, the words "City" and "Lessee" whenever used in this agreement shall include heirs, executors and administrators. If any clause or parts of clause contained herein are judicially held invalid or unenforceable, the remainder of this agreement shall be interpreted as if such clauses or parts of clauses had not been included. Ross! and Radio Co-Op 20 l 0 Agreement Page4 25 of 219 IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. The Corporation of the City of Ross land by its authorized signatory: SIGNED, SEALED & DELIVERED by ) Marty Cancilla, Chair, Rossland Radio Co-Op ) in the presence of: ) ) ) Sig~ ) .. !~) ) ) Address ) Rossland Radio Co-Op 2010 Agreement Page 5 26 of 219 Schedule E The following is the agreed upon permitted renovations, modifications and lease hold improvements, at the Lessee's own expense, to be made to the Property prior to occupancy; 1. West side entrance to be modified to act as the primary entrance to the Radio Co-op (new door and locking device). 2. Telus phone/internet hook up. 3. All electrical upgrades to be approved or completed by the City Electrician. 4. Front office space to be reconfigured to include; • Live studio - partition off [from the access door to the back wall] with door and wall [2x4 frame wall, roxul sound insulation and top half glass]. • Production studio -partitioned off with door, very small comer space [2x4 frame wall, roxul sound insulation and top half glass]. • Rear office area to be accessed by new door being installed between studio room and office. • Accordion divider door to be removed. • Paint and finish built in cabinets. • Additional sound proofing to the rest of the room to minimize the traffic noise. • Cleaning of carpets and/or flooring replacement • Exterior window replacement Rossland Radio Co-Op 20 I 0 Agreement Page 6 27 of 219 THE CITY OF ROSSLAND REQUEST FOR COUNCIL DECISION DATE: October 4, 2011 TOPIC: DRAFf ZONING BYLAW PROPOSAL: THAT COUNCIL ADVANCE THE DRAFf BYLAW TO 1ST AND 2ND READING AND FURTHER THAT COUNCIL SCHEDULE A PUBLIC HEARING FOR NOVEMBER 14,2011 PROPOSED BY: Mike Maturo, MPDS SUMMARY: Staff have presented a rough draft of the Zoning Bylaw to Council in July 2010 and since have incorporated input from Council (through several CoW meetings) and three Public Information meetings to create the current draft, the 15th. The draft bylaw is intended to facilitate advancement of some key OCP objectives, namely inf"Ill, housing diversity and limited settlement footprint and to generally align the zoning's land use regulations with the OCP's designations. The draft bylaw has also reduced the number of zones through consolidation, while harmonizing development regulations through introduction of building parcel coverage in zones (earlier without it) specif"Ically for the types and sizes of the permitted dwellings in most zones. STAFF RECOMMENDATIONS: THAT the City advance the Draft Zoning Bylaw by giving First and Second Readings to Bylaw# 2518 AND FURTHER THAT the City schedule a Public Hearing for November 14, 2011 OPTIONS AND ALTERNATIVES: 1} THAT the City advance the staff recommendation. 2} THAT the City refer the item back to staff; staff have attended several Council COW meetings and held three Public Information Meetings to receive input and modify the Draft Zoning bylaw. 3} THAT the City not give First and Second Readings to the bylaw. BENEFITS, DISADVANTAGES AND NEGATIVE IMPACTS: Option 1: Advancing the staff recommendation would set the public hearing, which in turn allows the City an opportunity to hear further from the public. Staff have held three Public Information Sessions and met with Council several times to go over specific elements of the bylaw in detail. The bylaw has also undergone a legal review. Council always has the option to amend the bylaw after adoption as new issues appear. Option 2: Referring the bylaw back to staff for further review would present a delay in adopting the bylaw. The Public Hearing should provide Council an opportunity to receive additional input from the Public. Council always the option to extend the bylaw's adoption process. 28 of 219 Option 3: Denying the bylaw First and Second Readings and not scheduling a Public Hearing would delay the bylaw's eventual adoption. COSTS AND BUDGET IMPACTS - REVENUE GENERATION: The proposed adoption of the bylaw should not incur significant administrative or operational costs: the bylaw is designed to facilitate a higher number of taxable dwellings within areas already serviced. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: Municipalities have the authority to regulate the lands within their boundaries as per the Local Government Act, Section 26, Division 7, (903) (1}- (7), Zoning and Other De•tJfJ)_"'Q·· /( ~ De~ment Head "'-' Revieled by City Manager 29 of 219 THE CORPORATION OF THE CITY OF ROSS LAND REPORT/RECOMMENDATION TO COUNCIL DATE: October 4, 2011 FILE: 3360.20/04-2011 SUBMITTED BY: Michael Maturo SUBJECT: ZONING BYLAW PURPOSE: To advance the draft Zoning Bylaw to First and Second Reading RECOMMENDATION: Option 1: THAT the City advance draft Zoning Bylaw to First and Second Reading AND FURTHER; THAT a Public Hearing be scheduled for November 14, 2011 ALTERNATIVES & IMPLICATIONS: STAFF RECOMMENDATIONS: THAT the City advance the draft Zoning Bylaw by giving First and Second Readings to Bylaw#2518 AND FURTHER THAT the City schedule a Public Hearing for November 14, 2011 OPTIONS AND ALTERNATIVES: 1) THAT the City advance the staff recommendation. 2) THAT the City refer the item back to staff; staff have attended several Council COW meetings and held three Public Information Meetings to receive input and modify the Draft bylaw. 3) THAT the City not give First and Second Readings to the bylaw. BENEFITS, DISADVANTAGES AND NEGATIVE IMPACTS: 30 of 219 2 Option 1: Advancing the staff recommendation would set the public hearing, which in turn allows the City an opportunity to hear further from the public. Staff have held three Public Information Sessions and met with Council several times to go over specific elements of the bylaw in detail. The bylaw has also undergone a legal review. Council always has the option to amend the bylaw after adoption as new issues appear. Option 2: Referring the bylaw back to staff for further review would present a delay in adopting the bylaw. The Public Hearing should provide Council an opportunity to receive additional input from the Public. Council always the option to extend the bylaw's adoption process. Option 3: Denying the bylaw First and Second Readings and not scheduling a Public Hearing would delay the bylaw's eventual adoption. A. ANALYSIS: In early 2009, the city contracted Halcrow Consulting to assist with developing a new zoning bylaw which is now being brought forward to the City for review. By the end of that year the city had received a Draft Zoning bylaw designed to advance the policies of the (2008 adopted) OCP toward its overall objectives. The draft zoning bylaw is intended to facilitate implementation of the stated OCP policies through land use regulations. Rossland's three key bylaws for land development are its Zoning bylaw, Building bylaw and Subdivision and Servicing bylaw. The drafted zoning bylaw, if adopted, introduces new land use regulations that will likely prompt changes to these other two bylaws; the current Zoning Bylaw, # 1912, adopted in 1999, would be rescinded. The proposed draft bylaw both modifies and retains critical features of the existing bylaw, but also introduces new definitions and regulations. ----Staff earlier presented to Council some of the more problematic sections of the existing zoning bylaw in early 2008, leading to the following amendments: • Setbacks were reduced from 7 metres to 4 metres front and from 7 metres to 2 metres rear. • Secondary suites became a permitted use throughout Ross land, no longer requiring a re-zoning • Parking requirements for secondary suites reduced from two stalls to one • Building parcel coverage for lots with secondary suites was increased to 35% • Minimum lot size for duplex dwellings was reduced to 550 sq. metres though duplexes still require a re-zoning The draft zoning bylaw continues the pattern established by the earlier 2008 amendments and facilitates advancement of key OCP policies promoting limited settlement footprint, compact development with growth boundary and increased housing diversity. The following offers a summary of the specific changes proposed: • R-1 lnfill Zone, Permitting: 31 of 219 3 Reduced minimum lot size for subdivision within a defined area of the city from 550 sq.m./6000 sf to 275 sm/3000 sf Allow house conversions to create up to 3 units within a detached dwelling (compliant with parking requirements and building code) Allow Two-Family Detached Dwellings (Duplex) on 550 sm/6000 sf lots • Max Height for Detached Suites located above garages is increased to 6 m • Max Height for Dwellings on Small Lots, 275 - 550 sm. increases from 7 m to 8.5m For lots measuring greater than 550 sm the height limit remains 10 m • Building Parcel coverage is increased to 40% on lots measuring 278 - 550 sm For lots greater than 550 sm the building surface coverage remains 35% • Happy Valley The area zoned for 5-acre minimum lot size for subdivision expands to the west side of Happy Valley Road up to Park St, and to/above Columbia- Kootenay Road, to align with the OCP designation for Happy Valley Two-family detached dwelling (Duplex) is added as a Permitted use Building Parcel coverage is introduced and defined for residential and accessory buildings • P-4 Zoning - Resource extraction remains as the primary economic activity permitted in this zone. Residential dwellings have been removed as permitted uses from lands within the areas (lots) which are difficult for settlement due to a combination of steep terrain, mining hazards, lack of highway access and growth boundary objectives; many such lots are historical mining claims on Red Mountain. Residential dwellings in this area would also present difficulties for the city building inspector later through the absence of typical access for emergency vehicles, required by the BC Building Code. Development applications for these lands can be fielded on a case-by-case basis. • Red Mountain Base Area Major zoning changes took place earlier in 201 0-2011 on 3 large areas north of Red Mtn (Pinnacle Enterprise Lands 20 ha, Caldera Lands - 20 ha. and O'Fianagan Lands- 18 ha.) introducing more specific regulations 32 of 219 4 to limit development impacts by reducing development footprints and in two cases - O'Fianagan and Pinnacle - greatly reducing allowable densities. Similar changes to reduce development footprint have been made to the CD-2 Zone (Ash properties) Building Parcel Coverage now appears in most base area zones Setbacks from Topping Creek increase to 30m/100' • Happy Valley- The west side of Happy Valley Road, below Park St., is proposed to change to Rural Residential zoning in order to align with the OCP. The steep terrain to the east of Happy Valley road does not easily accommodate R-1 zoning and if developed to R-1 capacity, would likely present the city costly servicing due primarily to the switchback roads that would likely be required. There are also complications to connect to city sewer requiring individual pumping systems; soil absorption capacities for septic systems normally require larger lots. • Density- is defined as the number of principal dwelling units permitted on a parcel along with the Building parcel coverage, Parcel surface coverage and Floor Area Ratio. • R-1 Dwelling, Multiple Conversion- up to three units can be created through the reconfiguration of floor space within a single family detached dwelling. Housing conversions may require additional parking spaces depending on the amount of floor space for each unit. Compliance with BC building sode and Rossland's building bylaw is also required. • Off-grid Recreational Building: appearing throughout the back country and accessed primarily through non-motorized means, these structures facilitate "green" tourism and add to the tourist amenities. Rather than continue the city's traditional approach of treating these structures strictly as non-permitted uses, adopting a definition for them would be the first step toward regulating their construction and filling a regulatory void. Their regulated appearance in the backcountry could promote another form of low impact tourism. • Grade definitions have been defined for both an Average and Finished garde to allow for increased clarity in hillside terrain • Due to the grade formula Height can be more thoroughly defined • Driveways are defined as fully permeable to semi permeable surfaces providing access to parcels. 33 of 219 5 • Parking requirements have been adjusted to reflect floor space, housing form, and number of sleeping units (for MFD). There has also been a reduction for required on-site parking in specific commercial areas. • Sections of the Rail Grade (now used as a trail) in lower Rossland have been re-zoned from residential to parkland. • Parkland zoning has two categories, one for areas featuring facility type recreational activities (fields near a school) and another for recreational activities within sensitive ecosystems (i.e. watershed areas) • General Regulations have been thoroughly updated to ensure appropriate checks and balances for regulating development allowed by zoning. B. Attachments: 1. Bylaw #2518 C. Policy COCP): The draft Zoning Bylaw facilitates a number of OCP Objectives and Policies, Policy COCP): Section 12 Growth Management 12.1 Objectives .1 To ensure the built environment is designed to make efficient use of land resources and limit sprawling development. .2 To ensure the community contains a wide range of housing types, shops, services and employment opportunities . .3 To ensure the built environment is integrated with natural features . .4 To encourage integration of resort areas with the traditional townsite. 12.2 Policies .2 Consider incentives, such as density bonusing and DCC credits for development occurring in existing infill sites that are vacant or underutilized . .3 Consider incentives for the reuse and adaptation of existing buildings . .4 Discourage development requiring further extension of municipal services . .5 Encourage a diverse mixture of housing types, shops and services in Rossland . .6 Encourage comprehensive development zoning where appropriate to provide for diverse housing types and uses . . 7 Encourage cluster developments which are designed to protect the natural features on the site, to minimize the on site footprint of the development and to minimize road lengths . . 10 Consider higher density developments anywhere in Rossland on a project by project basis considering the character and scale of adjacent uses, proximity to transit routes, public facilities and commercial nodes and traffic and parking impacts. 34 of 219 6 Section 13 Natural hazards and Constraints Background Rossland's central core of development lies in a rolling north-south tract of land that is bounded in all directions by ridges of the Rossland Range of the Monashee Mountains. The majority of Rossland's development occurs on land with slopes between one and ten percent and substantial amounts of development occur on slopes that are between ten and 30%. A large part of the city is characterised by steep slopes (>30%) that have limited development potential. These steep slopes, the past mining history and potential fire risk are hazards that must be considered prior to development. 13.1 Objectives .1 To integrate the built environment into the natural environment in a way that capitalizes on ecological functions and avoids or manages risks associated with natural and mining legacy hazards . .2 To reduce the risk of wildfire . .3 To raise awareness of wildfire hazards and identify the needs for mitigative action. 13.2 Policies .1 Development of areas with natural or manmade hazards, such as unstable slopes or flood plains shall be avoided . .2 Consider defining and adopting alternative street and development standards for hillside development on slopes greater than 15%. .3 Apply a precautionary approach to the protection of development from hazardous conditions, until further research more specifically identifies hazardous areas. All proposals in significant watershed areas or on lands with slopes in excess of 30%, shall be required to submit a report prepared by a qualified professional, prior to the removal of trees or slope alteration . .4 Develop a Community Wildfire Protection Plan to identify areas that pose the ___ greatest risk to the community. Use development Permit Area guidelines to mitigate the risk in these areas . .5 Examine strategies for the protection of development from wildfire through a Community Wildfire Protection Plan. Where appropriate, incorporate regulations for the development of defensible space, community and household firebreaks, appropriate building materials or other interface fire protection strategies into Development Permit Areas, Building Regulations, Land use and subdivision servicing bylaws . .8 Development on lands suspected to have previous mining activity may require a site investigation as per the Environmental Management Act and may require further mitigation. Section 14 Natural Environment 14.2.2 Focus development in areas where it will pose the least interference with the natural environment. Section 18 Housing and Residential Lands 35 of 219 7 18.1 Objectives .1 To ensure that all permanent residents and seasonal employees have access to healthy, liveable, and affordable housing and accommodation in Rossland . .2 To provide a variety of accommodation types, tenures, and sizes ensuring that residents of all ages and incomes have a diversity of market and non market housing choice . .3 To design and locate housing in such a way as to minimize long-term operating costs, infrastructure investments and environmental footprints. 18.2 General Policies .1 Establish a housing task force for Rossland with a mandate to research housing needs and work with stakeholders to implement solutions that will encourage a socioeconomic and demographic mix . .2 Develop non-market housing solutions for various demographic cohorts with consideration to age and income . .3 Encourage the development of a housing project to create seniors housing that is prioritized for local seniors moving out of single-family homes . .4 Encourage development that does not require extension of municipal services . .5 Encourage secondary suites provided the suite is registered with the City of Rossland; the property can conform to the parking and setback regulations set out in the City of Rossland Zoning Bylaw; the suite conforms to all building and fire codes; and the presence of a suite does not detract from the quality of life of nearby residents . .6 Encourage home based businesses where the use is deemed appropriate and not intrusive within the neighbourhood, is licensed and has adequate parking . . 7 Encourage Bed and Breakfast operations provided the facility is appropriately located, meets current regulations and bylaws and is not intrusive within the neighbourhood . .8 Support the use of City owned land to encourage the development of alternative housing . .9 Consider a policy for addressing the residential strata conversion of previously occupied buildings . . 10 Monitor growth of second home ownership and assess the long term impacts of second home ownership on the community . . 11 Encourage and support employee housing. 18.3 Residential Policies 1. The following policies apply to the lands designated as Residential on the attached Schedule B Land Use Map. 2. Encourage development that enhances and maintains Rossland's heritage. 3. Encourage higher density multi-family uses, especially nearest the Downtown Core and the Mid Town Neighbourhood Special Planning Area. 4. Ensure all new multi-family residential developments, including duplexes, are designated as a Development Permit Area to ensure new multi-family developments are compatible with the scale, character and heritage of existing residential neighbourhoods. 36 of 219 8 5. Encourage a wide range of housing types, tenures and organizational frameworks including ownership, lease, rental, strata title, side by side duplex and co-op housing. 6. Consider density bonusing or other development incentives in return for providing affordable or special needs housing or green buildings. 7. Neighbourhood commercial such as small scale cafes or pedestrian oriented retail services can be considered in any Residential Neighbourhood designation subject to the following: o A location near key intersections (i.e. intersection of two arterial roads or a collector and an arterial road) or on a major road; o Adjacent to other neighbourhood amenities such as parks or existing commercial uses; o Site design and building form and character that complements the adjacent residential neighbourhood; and, Appropriate zoning. 8. Allow the use of comprehensive development zones to allow a wider mix of uses and housing types. 9. Encourage cluster development to allow the protection of natural features on site, to minimize the on-site footprint of the development and to minimize road lengths. 10. Consider higher density developments anywhere in Rossland on a project by project basis. When reviewing rezoning proposals for multi-family residential development, the City shall consider the following criteria in determining the appropriateness of the development: o Walking distance to commercial, recreational, public/institutional centres, or parks; o Proximity to major collectors or arterial roads in order to reduce traffic impacts on local roads and facilitate transit service; o Adequacy of existing services; _ _ __ o Potential of1he proposed-development to provide a range of housing types and tenures that are suitable for seniors, households with low and moderate incomes, and persons with special needs; o An appropriate transition between lower density housing, and compatibility with adjacent land uses; o The range of densities and housing forms in the residential neighbourhood; o Aesthetic quality including massing, scale, building form, view and shadow impacts; o Protection of the proposed development from natural hazards; 11. Encourage infill housing in order to improve economic efficiency regarding municipal services and maintenance. To that end, support residential lots, in areas serviced by municipal water and sewer, in areas that can satisfy the requirements of the City of Rossland Subdivision and Servicing Bylaw and Zoning Bylaw. 12. The City of Rossland will pursue green building guidelines and incentives for all buildings, including residential and multiunit residential buildings. 13. lnfill (small lot) development in existing residential neighbourhoods may contrast with the character of the surrounding structures in terms of lot size, building massing, height, setbacks, form and character. To address this, the City 37 of 219 9 will consider creating a Development Permit Area (Intensive Residential) to further guide infill development. 18.4 Resort Residential Policies .1 The following policies apply to the lands designated as Resort Residential on the attached Schedule 8 Land Use Map . .2 Encourage development that supports and enhances resort recreation opportunities and experiences . .3 Encourage development that is clustered to promote protection of sensitive lands . .4 Encourage integration of alternate transportation methods such as walking, skiing and cycling, into the design of developments . . 5 Consider small scale commercial and hospitality uses that support and enhance the resort experience . .6 Ensure all new multi-family residential developments, including duplexes, be designated as a Development Permit Area to ensure new multi-family developments are compatible with the scale of the resort environment. .7 Support the establishment of small commercial nodes within the resort accommodations in order that resort visitors can shop for basic commodities without driving. 18.5 Rural Residential Policies .1 The following policies apply to the lands designated as Rural Residential on the attached Schedule 8 Land Use Map . .2 Permit development that can not be readily connected to municipal services providing the site can accommodate on site sewage disposal and provide potable water. .3 Require a minimum parcel size of 2 hectares (5 acres) within the Rural Residential area . .4 Require a report certified by a Qualified Practitioner, com etent in theufi'!'Sietl\ Section 21 Industrial Land 21.1 Objectives .1 To protect the limited amounts of land designated for Light Industrial from the encroachment of non-compatible land uses and to minimize conflicts between adjacent land uses . .2 To support the retention and establishment of Light Industrial to encourage a range of employment opportunities for existing and future residents of Rossland . .3 To ensure that the nature and design of any future industrial operations are such that the community's quality of life and environment are not adversely affected. 38 of 219 10 .4 To encourage industrial development that conserves energy, water, materials, and other resources . .5 To consider the potential for establishing an 'Eco-lndustrial Park' in collaboration with the surrounding region. 21.2 Policies .1 Create an Industrial Development Permit Area to ensure adequate screening and buffering of industrial uses from other uses. Protect the aesthetic quality of the community through appropriate landscaping, and building design, open space preservation and protection of view corridors and scenic areas from newly created Light Industrial developments. The Screening and Landscaping Buffers provision of the Zoning Bylaw should be applied to sites rezoned to Light Industrial. .2 Encourage new industries that are relatively clean and environmentally sensitive to locate within Rossland . .3 Encourage relocation of any industrial operations that may create land use conflicts with adjacent properties, such as the City Works Yard in the Third Avenue area . .4 Discourage industrial developments on the Cascade Highway site that are not fully serviced with water and sanitary sewer. .5 Ensure that industrial operations minimize potential negative impacts on ecological systems and processes and the urban environment, particularly with respect to air and water quality and noise and traffic levels . .6 Consider properties immediately outside the municipal boundary along the Old Cascade Highway for a boundary expansion and inclusion in the Light Industrial designation . .7 Consider development of a "Light Industrial Business Park" in the Old Cascade Highway area. The ultimate goal will be a comprehensively planned area of high aesthetic quality achieved through appropriate design g uidelin ~ and standards. - -- ·· .8 Protect the land designated Light Industrial along Cascade Highway for future industrial development and support an expansion of this zoning to the lands adjacent to that Light Industrial area . .9 Consider collaborating with neighbouring and regional governments to establish a regional supply of employment lands in close proximity to Rossland. Section 22 Transportation 22.2.18 Consider creating communal parking areas in old neighbourhoods with limited off-street parking. Prepared by: Mi~ city ManaQefiCAo 39 of 219 THE CORPORATION OF THE CITY OF ROSSLAND BYLAW#2518 WHEREAS Council wishes to repeal Bylaw No. 1912 "Zoning Bylaw" as amended, and wishes to adopt a new Zoning Bylaw pursuant to the Local Government Act. AND WHEREAS Council has held a Public Hearing pursuant to the Local Government Act. NOW THEREFORE Council of the City of Rossland, in open meeting assembled hereby enacts as follows: SHORT TITLE 1. This Bylaw shall be cited as the "City ofRossland Zoning Bylaw No. 2518, 2011." ATTACHMENTS 2. a) The following schedules attached hereto are hereby made part of this bylaw and adopted as the Zoning Bylaw for the City ofRossland: .1 Schedule A (Zoning Bylaw text) .2 Schedule B (Zoning Bylaw map) ENACTMENT 3. Bylaw No. 1912 cited as "The City ofRossland Zoning Bylaw" and amendments thereto as it applies to the City ofRossland is hereby repealed. READ A FIRST TIME, this 11th day of October, 2011 READ A SECOND TIME this 11th day of October, 2011 PUBLIC HEARING HELD ON this day of, 2011 READ A THIRD TIME ___ _ ------~thi~·s~d=ayo~_2ill1 ______APPROVED PURSUANT TO THE HIGHWAY ACT. this day of, 2011 Approving Officer - Ministry of Transportation and Highway RECONSIDERED AND FINALLY ADOPTED, this day of, 2011 MAYOR CITY CLERK I hereby certify the foregoing to be a true and correct copy of the CITY OF ROSSLAND ZONING BYLAW No. 2518,2011, after third reading. City Clerk 40 of 219 CONTENTS 1.0 BASIC PROVISIONS ...... 1 1.1 Application ...... ! 1.2 Conformity ...... 1 1.3 Severability ...... 1 1.4 Unitsofmeasure...... l 1.5 Applicable Regulations ...... 1 1.6 Non-Conforming Uses ...... I 1. 7 Rules of Interpretation ...... 1 2.0 ADMINISTRATION ...... 3 2.1 Inspection ...... 3 2.2 Violation ...... 3 2.3 Offence ...... 3 2.4 Penalty ...... 3 2.5 Compliance with other Legislation ...... 3 2.6 Bylaw Amendment ...... 4 3.0 DEFINITIONS ...... 5 4.0 GENERAL REGULATIONS ...... 25 4.1 Use of Land, Buildings and Structures ...... 25 4.2 Temporary Uses, Buildings Or Structures ...... 29 4.3 Conversion of Buildings ...... 30 4.4 Prohibited Uses ...... 30 4.5 Regulation of the Size, Shape and Siting of Buildings and Structures ...... 30 4.6 Consolidation of Parcels Prior to Development ...... 32 4. 7 Exemption of Existing Parcels ...... 32 4.8 Exemption from Minimum Parcel Area ...... 32 4.9 Cluster, Comprehensive Mixed Use & Comprehensive Residential Development ...... 33 4.10 Signs ...... 34 4.11 Screening, Landscaping, Fencing and Retaining Walls ...... 35 4.12 Riparian Area Regulations ...... 37 4.13 Lighting ...... 37 4.14 Animal Proof Enclosures and Containers~ . ~ .... : ...... ~.~ ...... =:-::-...... 37 -- 4.15 Hillside Terrain ...... 38 4.16 Snow Management ...... 38 5.0 ESTABLISHMENT OF ZONES ...... 39 5.1 Establishment of Zones ...... 39 5.2 Location ofZones ...... 39 5.3 Zone Boundaries ...... 40 6.0 RESIDENTIAL ...... 41 6.1 R-1 SINGLE DETACHED RESIDENTIAL ...... 41 6.2 R-11 DETACHED INFILL RESIDENTIAL ...... 43 6.3 R-1B/B SINGLE DETACHED BED BREAKFAST ...... 46 6.4 R-1R DETACHED RESIDENTIAL RURAL...... 48 6.5 R-2 TWO FAMILY DETACHED RESIDENTIAL...... 50 6.6 R-2S TWO FAMILY DETACHED RESIDENTIAL SMALL LOT ...... 51 6.7 R-3 RESIDENTIAL MULTIPLE FAMILY ...... 54 6.8 R-MH RESIDENTIAL MOBILE HOME PARK ...... 56 6.9 R-4 RESIDENTIAL MIXED DENSITY ...... 57 6.10 R-5 RESIDENTIAL RESORT MIXED DENSITY ...... 60 6.11 GH GUEST HOME SUB-ZONE ...... 64 7.0 COMMERCIAL ...... 65 7.1 C-1 COMMERCIAL DOWNTOWN CORE ...... 65 City of Rossland Zoning Bylaw I CONTENTS 41 of 219 7.2 C-2 COMMERCIAL SERVICE ...... 68 7.3 C-3 COMMERCIAL RESORT ACCOMMODATION/COMMERCIAL ...... 70 7.4 C-4 COMMERCIAL TRANSITION ...... 73 7.5 C-5 COMMERCIAL NEIGHBOURHOOD ORIENTED ...... 76 8.0 LIGHT INDUSTRIAL...... 78 8.1 Ml LIGHT INDUSTRIAL ...... 78 9.0 PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE ...... 80 9.1 P-1 PUBLIC AND INSTITUTIONAL ...... 80 9.2 P-2 PARKS AND OPEN SPACE ...... 82 9.3 P-3 RESORT RECREATION ...... 83 9.4 P-4 RESOURCE MANAGEMENT AREA ...... 84 10.0 COMPREHENSIVE DEVELOPMENT ...... 85 10.1 CD-1- COMPREHENSIVE DEVELOPMENT ZONE 1 ...... 85 10.1.1 CD-1-Low Density Residential- LDR-1 ...... 88 10.1.2 CD-1- Multi-Family Residential- MFR-1 ...... 90 10.1.3 CD-1- Alpine Village Core- AVC-1 ...... 92 10.1.4 CD-1- Lower Alpine Village Core 'A'-:- AVC-2 ...... 95 10.1.5 CD-1- Lower Alpine Village Core 'B' -AVC-3 ...... 97 10.1.6 CD-1- Upper Alpine Village Core - AVC-4 ...... 99 10.1.7 CD-1- Mountain Activity Area- MA-1...... 101 10.1.8 CD-1-0penSpace-OS-1 ...... 102 10.1.9 CD-1- Resort Parking- RP-1 ...... 103 10.1.10 CD-1 - Resort Light Industrial- Rl-1 ...... 104 10.2 COMPREHENSIVE DEVELOPMENT CD-2 ...... 105 10.2.1 CD-2- Gateway Residential!- GW-1...... 107 10.2.2 CD-2- Gateway Residential 2- GW-2 ...... 109 10.3 COMPREHENSIVE DEVELOPMENT CD-3 ...... 110 10.3.1 CD-3- Residential Fringe Area- RFA ...... 111 10.3.2 CD-3- Resort Rural Residential- RRR ...... 113 10.4 COMPREHENSIVE DEVELOPMENT CD-4- Multiple Family/Limited Commercial ...... 117 10.5 COMPREHENSIVE DEVELOPMENT CD-S- Mixed One and Two Family Dwellings ...... 119 11.0 OFFSTREET PARKING AND LOADING ...... l21 11.1 Application of Regulations ...... 121 11.2 Exemptions from Parking and Loading Requirements ...... 121 11.3 Calculating the Number of Required Parking and Lo~ding Spaces···············.:..:.:.;······= ···.:.:.·= ·= 121 ___ 11.4 Access and Circulation ...... 125 11.5 Payment of Money in Lieu of Parking Spaces ...... 125 11.6 Surfacing of Off-Street Parking and Loading Spaces ...... 125 11.7 Dimension of Parking Spaces ...... 126 11.8 Location of Parking Spaces ...... 127 11.9 Parking for Visitors of Multi-Family and Mixed Use Dwellings ...... 127 11.10 Parking for Disabled Persons ...... 127 11.11 Snow Removal ...... 128 11.12 Other Regulations ...... 128 11.13 Driveway ...... 129 11.14 Loading Space Area ...... 129 11.15 Storage of Vehicles and Materials ...... 130 11.16 Bicycle Parking ...... 130 City of Rossland Zoning Bylaw I CONTENTS 42 of 219 BASIC PROVISIONS SECTION 1 1.0 BASIC PROVISIONS 1.1 Application 1.1.1 This Bylaw applies to all land, Buildings and Structures and the surface of water within the boundaries of the City of Rossland. 1.2 Conformity 1.2.1 Land, including the surface of water, shall not be used and Buildings and Structures shall not be constructed, altered, located or used except as specifically permitted in this Bylaw. 1.3 Severability 1.3.1 If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of this Bylaw. 1.4 Units of measure 1.4.1 Metric units are used for all measurements in this Bylaw. 1.5 Applicable Regulations 1.5.1 Where this bylaw sets out two or more regulations that could apply to a situation.._ the most strin_gen..t. re ulation shall ap.Qiv. ___ 1.5.2 Where this bylaw sets out both general and specific regulations that could apply to a situation, the specific regulation shall apply. 1.6 Non-Conforming Uses 1.6.1 A lawful use of land, Buildings or Structures existing or lawfully under construction at the time of the adoption of this Bylaw, although such use does not conform to the provisions of this Bylaw, may be continued, subject to the provisions of the Local Government Act. 1.7 Rules of Interpretation 1.7.1 Words used in the present tense include the other tenses and derivative forms; words used in the singular include the plural and vice versa; and the word "person" includes a corporation, firm, partnerships, trusts, and other similar entities as well as an individual. Words have the same meaning whether they are capitalized or not. City of Rossland Zoning Bylaw I BASIC PROVISIONS Section 1 I Page 1 43 of 219 1.7.2 The words "shall" and "is" require mandatory compliance except where a variance has been granted pursuant to the Local Government Act. 1.7.3 The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". 1.7.4 Words, phrases, and terms neither defined in this section nor in the Local Government Act. Community Charter or the Interpretation Act. shall be given their usual and customary meaning for the purpose of interpreting this bylaw. 1.7.5 Where a regulation involves two or more conditions, provisions, or events connected by the conjunction "and" means all the connected items shall apply in combination; "or" indicates that the connected items may apply singly or in combination; and "either-or" indicates the items shall apply singly but not in combination. City of Rossland Zoning Bylaw I BASIC PROVISIONS Section 1 I Page 2 44 of 219 ADMINISTRATION SECTION 2 2.0 ADMINISTRATION 2.1 Inspection 2.1.1 The Corporate Officer, the Building Inspector, or other officer of the municipality who may be appointed by Council, is hereby authorized to enter any property that is subject to regulations under this Bylaw to ascertain whether the provisions of this Bylaw are being observed, any day of the week. 2.2 Violation 2.2.1 Every person who: a) violates any of the provisions of this Bylaw; b) causes or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw; c) neglects or omits to do anything required under this Bylaw; d) carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this Bylaw; e) fails to comply with an order, direction or notice given under this Bylaw; or f) prevents or obstructs or attempts to prevent or obstruct the authorized entry of an officer onto property under Section 2.1; shall be deemed to be guilty, upon summary conviction, of an offence under this Bylaw. 2.3 Offence 2.3.1 Each day's continuance of an offence under Section 2.2 constitutes a new and distinct offence. 2.4 Penalty 2.4.1 Every person who commits an offence under this Bylaw is liable, on summary conviction, to a fine not exceeding $2,000 plus the cost of prosecution. 2.5 Compliance with other Legislation 2.5.1 In addition to this Bylaw, a person is responsible for ascertaining and complying with the requirements of all other applicable municipal bylaws, or Provincial or Federal statutes and regulations. 2.5.2 The requirements of the Development Permit Areas included within the Official Community Plan apply in addition to the regulations in this Bylaw. City of Rossland Zoning Bylaw I ADMINISTRATION Section 2 I Page 3 45 of 219 2.6 Bylaw Amendment 2.6.1 Any person applying to amend this Bylaw shall apply in writing to the Corporate Officer of the City of Rossland. 2.6.2 Any application for the amendment of this Bylaw shall be accompanied by: a) a completed and signed application form in the format approved by the City of Rossland. b) maps, plans, or other material describing the location of the land to be rezoned. c) a processing fee in the amount of Three Hundred and Fifty Dollars ($350.00}. ------ City of Rossland Zoning Bylaw IADMINISTRATION Section 2 I Page 4 46 of 219 DEFINITIONS SECTION 3 3.0 DEFINITIONS In this Bylaw all words or phrases shall have their normal or common meaning except where this is changed, modified or expanded by the definitions set forth below: ACCESSORY USE means a use subordinate, customarily and normally incidental to and exclusively devoted to a main use of land or Building and located on the same Parcel. ACCESSORY BUILDING means a detached Building located either on the same parcel as an existing Building or appearing as the only Building, the use of which is subordinate and incidental to that of the main use of land or Building and includes a private Garage or implement shed and which is not used for human habitation, except as regulated by a Zone permitting Detached Secondary Suite Dwellings. ACCOMODATION UNIT means one or more habitable rooms together that: a. may or may not contain cooking facilities; b. contain at least one bathroom; have a private entrance either from outside or from a common hall inside a Building; and c. provides temporary accommodation. AFFORDABLE HOUSING means housing that could be rented or purchased by a household without spending 30% or more of their gross in ~"!!e on !!o_using. AGRICULTURAL USE means a use providing for the growing, cultivating, producing and harvesting of agricultural products, including mushrooms, and the raising or keeping of dogs, horses, cattle, other livestock, swine (limited to one per parcel}, furbearing animals, poultry, pigeons, doves, bees, rabbits and other animals and birds. AGRICULTURAL STANDS means Accessory or Temporary Buildings and Structures for retailing agricultural products. AISLE means the area used by motor vehicles for access to and from all off-street Parking Spaces, but does not include required Parking Spaces. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 5 47 of 219 ALTERATION means a structural change to a Building and also includes: a. an addition to Gross Floor Area or Height; b. the removal of a portion of the Building; c. construction of, cutting into, or removal of a wall, partition, column, beam, joist or floor; d. a change to, or closing of, any required means of access; and e. a change to the exterior fixtures, equipment, cladding or trim. ANIMAL PROOF CONTAINER means a container featuring sturdy construction and an animal-proof latching system on the lid and door. ANIMAL PROOF ENCLOSURE means a Structure that has four enclosed sides, a roof, door(s) and a self-latching device, of a design and strength sufficient to prevent access by animals. ARTIST STUDIO means a Building or Structure for the production of dance, live music, creative writing, painting, drawing, pottery or sculpture, video, moving or still photography. Amplified sound may not be audible beyond the property line. AUTOMOBILE REPAIR, MAJOR means general repairs, rebuilding, or reconditioning of engines, motor vehicles, or trailers such as collision service, body repair and frame straightening, painting and upholstering, vehicle steam cleaning and undercoating. AUTOMOBILE WRECKING means an outdoor area where motor vehicles are YARD disassembled, dismantled or junked or where inoperable motor vehicles or used parts of motor vehicles are stored. BED AND BREAKFAST means use of a One Family Detached Dwelling wherein ACCOMMODATION Sleeping Units are rented to provide temporary lodging for tourists and visitors, where the room rate includes meals served on the premises. BUILDING means a Structure used or intended for supporting or sheltering any use or occupancy by persons, animals or property and which is permanently affixed to the land. BUILDING, PRINCIPAL means a Building which: a. occupies the major or central portion of a Parcel; b. is the chief or main Building on a Parcel; or City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 6 48 of 219 c. constitutes, by reason of its use, the primary purpose for which the Parcel is used. BUILDING INSPECTOR means the Building Inspector of the City of Rossland duly appointed by Council. BUILDING SUPPLY OUTLET means a Building or Structure in which Building or construction and home improvement materials are offered or kept for sale at retail and may include the fabrication of certain materials related to home improvement. BULK FUEL DEPOT means lands, Buildings and Structures for the storage, distribution of fuels, oils but not including retail sales or key lock operations. BUS TERMINAL means a Building where commercial motor vehicles pick up and discharge fare paying, inter city passengers. uses may include ticket sales, luggage checking facilities and similar uses. BUSINESS SUPPORT SERVICES Means a Building used to provide support services to businesses and which are characterized by one or more of the use of minor mechanical equipment for printing, duplicating, binding or photographic processing; secretarial services; the provision of office maintenance or custodial services; the provision of office security; and the sale, rental, repair, or servicing of office equipment, furniture and machines. Typical uses include but are not limited to printing establishments, testing laboratories, film processing establishments, janitorial firms and office equipment sales, repair establishments, and sign shops. C ZONE means all commercial Zones with only the letter C as a prefix in the Zone name, including but not limited to, C- 1, C-2, C-3, C-4 and CS Zones. CAMPGROUND means an area of land, managed as a unit, providing short term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers. CAR WASH ESTABLISHMENT means a commercial establishment for washing or cleaning motor vehicles. CARTAGE means a Building or Structure where trucks or tractor trailers are rented, leased, kept for hire, or stored or parked for remuneration or from which trucks or transports are dispatched for hire as common carriers. These facilities may also include a Warehouse. CHURCH means a Building wherein persons regularly assemble for religious worship, and which is maintained and City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 7 49 of 219 controlled by a religious body organized to sustain public worship. CIVIC USE means the use of a Building, Structure or Parcel for public functions which are under the auspices of a public body, including but not limited to fire halls, community centres, community halls, government offices, libraries, museums, public works and sewer and water pumping stations and reservoirs. CLUB OR LODGE means an association of persons, whether incorporated or not, united by some common interest, meeting periodically for cooperation and conviviality. Club or Lodge shall also mean, where the context requires, a Building or establishment owned or occupied by members of such association and their guests within which the activities of the Club or Lodge are conducted. CLUSTER DEVELOPMENT means a design technique whereby Buildings in a development are located in limited areas (clustered) on a site to allow the rest of the site to be used for Open Space purposes. COMMERCIAL, DOWNTOWN Means a use intended to stabilize, maintain, and USE enhance the unique commercial character of Downtown Rossland as an attractive, lively main street environment. Specifically, the Commercial Downtown provides for land uses downtown that have a strong pedestrian-oriented character, with a mixture and concentration of specialty shopping, personal service, restaurant, cultural, and entertainment uses limited to: rtist-Studio--afld-Gallery,--Business--5upport-5ervicese:-, ----- Bus Terminal, Clubs or Lodges, dance studios, Eating and Drinking Establishments, Financial Institutions, fitness clubs, Health Services, Household Repair Services, Hotels, Hostel, Institution, Liquor Licensed Premises, Offices, Personal Services, Radio and Television Studios, Restaurants, Retail Stores, Retail Store associated with Small Scale Food and Beverage Processing Establishment, Schools, Veterinarian's Clinics, video rental store, and generally excludes a use providing for the sale or servicing of non-household or non-personal goods or things. COMMERCIAL, means facilities for entertainment and recreational ENTERTAINMENT USE activities indoors including pool halls, amusement arcades, bowling alleys, racquet sport facilities, Theatres and other similar indoor facilities. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 8 50 of 219 COMMERCIAL, means a retail store, not exceeding 100 square meters NEIGHBOURHOOD ORIENTED of Gross Floor Area, for the retail sale of groceries, USE meat, fish, bakery goods, flowers, magazines and newspapers, a limited pharmacy, a post Office, and the rental of videos to supply daily household necessities to the immediate surrounding area. COMMERCIAL, RESORT USE means a use providing for restaurants, eating and drinking establishments, spas, and for the retail sale of tourist-oriented goods, merchandise, other materials and services, including but not limited to clothing, footwear, ski and golf equipment, ski and golf accessories, sporting goods, souvenir shops, and personal care items. COMMERCIAL, SERVICE USE means uses that are primarily of a non-retail character, some of which require outdoor storage or activity areas. Retail and office uses are allowed to the extent that they are compatible with the service commercial uses; Uses are limited to: automobile sales, Automobile repairs-major, Car Wash Establishment, Building Supply Outlet, Business Support Services, Garden Supply sales, Schools, clubs and lodges, construction and trades, delivery terminal, fruit and vegetable stand, Gasoline Service Stations, glass sales, fitness clubs, heating shops, Hostels, Hotel, Household Repair Services, light machinery sales, light marine sales, Motel, mortuaries, nurseries, plumbing shops, Public Parking Area, Restaurants, Retail Store, sheet metal ------shops, Equipment Rental, Storage Yard, Small scale li ht assembly operations, small scale warehouse and distribution, Theatres, and Veterinarian's Clinic. Uses are generally providing for the sale or servicing of non household and non-personal goods, or for the sale or servicing of any goods that necessitate access by motor vehicle. COMMERCIAL, TRANSITION means a use providing limited commercial activity that SERVICE USE complements, not competes with the Commercial, Downtown uses; and is limited to: Artist Studios, Bus Terminal, Business Support Services, clubs and lodges, dance studios, Eating and Drinking Establishments, fitness clubs, Health Services, Household Repair Services, Hostels, Hotels, Personal Service Establishments, Offices, radio and television studio, Restaurants and Schools. COMMERCIAL UNIT means a separate or self-contained area or areas in a City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 9 51 of 219 Building used or intended to be used by one commercial use. COMMERCIAL USE means an occupation, employment or enterprise that is carried on for gain or monetary profit by any person. COMMERCIAL VEHICLE means a vehicle defined as such by and licensed under the Commercial Transport Act, and a vehicle not so licensed but which is used for the collection or delivery, or both, of merchandise or other commodity in the ordinary course of a business undertaking. COMPREHENSIVE MIXED USE means a comprehensively planned development project DEVELOPMENT containing both commercial and residential floor space designed as a single development. COMPREHENSIVE means a comprehensively planned development which RESIDENTIAL DEVELOPMENT may be located on one or more lots designed as a single site with respect to off-street parking and accesses and includes one or more Buildings. CONGREGATE HOUSING means housing in which residents share common areas, particularly a dining facility. COUNCIL means the duly elected Council of the City of Rossland. CREMATORY means a Building fitted with the proper appliances for the purposes of the cremation of human remains and may include all things incidental or ancillary to this process. DAY CARE CENTRE means a facility used or intended to be used for a multi age child care program as defined in the Child Care Licensin Re ulations of the Communit Care and Assisted Living Act. DENSITY is measured by the number of units in a given area, floor area ratio, unit ratio( units/area) or building parcel coverage; none of which can be altered through a Variance. DRIVEWAY means the primary access route from a Highway to the Parcel or Building. DWELLING means a Building or part of a Building used or intended to be used as a residence, but shall not include hotels or institutions, and includes: DWELLING, DETACHED means a self-contained Accessory Dwelling. A SECONDARY SUITE Detached Secondary Suite has cooking, food preparation, sleeping and bathing facilities which are additional to those of the Principal Building located on the Site. A Detached Secondary Suite has a separate entrance, either from a common indoor landing or City of Rossland Zoning Bylaw t DEFINITIONS Section 3 I Page 10 52 of 219 directly from the outside. This use does not include Secondary Suite Dwelling. DWELLING, MULTIPLE means a One Family Detached Dwelling converted to CONVERSION contain up to three residential units and does not include a One Family Detached Dwelling with a Detached Secondary Suite. DWELLING, MULTIPLE FAMILY means a residential use where a Building on a Parcel consist of three or more Dwelling units including triplexes, four-plexes, townhouses, or apartment units. DWELLING, ONE FAMILY means a detached Building consisting of one Dwelling DETACHED used or intended for use as a permanent home or Residence. In Zones where a Secondary Suite is permitted, a One Family Detached Dwelling may include a Secondary Suite. DWELLING, SECONDARY SUITE means a self-contained, Accessory Dwelling unit located within a One-Family Detached Dwelling. A Secondary Suite has its own separate cooking, sleeping and bathing facilities. A Secondary Suite has a separate entrance, either from a common indoor landing or directly from the outside. This use does not include a Detached Secondary Suite Dwelling, Two-Family Dwelling, or Multiple Family Dwelling. DWELLING, TWO FAMILY means a Building that is divided horizontally and/or DETACHED vertically into two separate Dwelling units, each of which has separate heating, plumbing, and wiring systems and an independent entrance . EATING AND. DRINKING .means the use of Jand,..Buildings and Structures where ESTABLISHMENT foods and beverages are prepared and offered for sale to the public, for consumption within the premises or off the site, including but not limited to neighbourhood pubs, bars, lounges, licensed Restaurants, cafes, and refreshment stands. EQUIVALENT UNITS means the ratio utilized to equate the impacts of various land uses to one single-family residential dwelling. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 11 53 of 219 Apartment less than 50 sq. m. dwelling unit 0.33 Hotel or motel unit accommodation unit 0.33 2 Commercial ~00 m gross floor area 1.00 FAMILY means: a. two or more persons related by blood, marriage, common-law, adoption or foster parenthood sharing one Dwelling; or b. not more than five unrelated persons sharing one Dwelling. FARMER'S MARKET means a market whose vendors either make, bake or grow the products they produce, where farmers and/or their families display and sell locally grown or processed foods with only a limited number of non food crafts and no imported products. FENCE means a Structure or visual barrier used as an enclosure or screening along parcel boundaries and may include a gate, screen or trellis, but does not include a retaining wall. FINANCIAL INSTITUTION means the premises of a bank, trust company, investment dealer, credit union, mortgage broker or related business. FLOOR AREA, GROSS means the total floor area of a Building on a Parcel measured to the exterior limits of a Building including all areas giving access thereto, such as corridors, hallways, landings, foyers, staircases, stairwells, enclosed balconies and mezzanines, enclosed porches or verandahs. FLOOR AREA, NET means the sum of the horizontal areas of each storey of the Building measured from the interior faces of the exterior walls providing that in the case of a wall containing windows, the glazing line of the windows may be used. The net floor area measurement is exclusive of basement areas used exclusively for storage or service to the Building, attics, garages, carports, breezeways, unenclosed porches, balconies and sundecks, exit stairways, corridors, and terraces. In the case of multiple dwelling housing, public corridors, common amenity spaces, and Building mechanical systems are also excluded. In the case of congregate housing, communal dining and kitchen facilities are excluded. FLOOR AREA RATIO means the numerical value of the net floor area on all levels of all Buildings and Structures on a lot, divided by City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 12 54 of 219 the area of the lot. The three scenarios depicted in Diagram 3.1 (below) all have an FAR of 1.0, in that the net floor area is equal to the area of the lot. Diagram 3.1 I Three scenarios where Floor Area Ratio equals 1.0 FOOD PROCESSING means a commercial establishment in which food is ESTABLISHMENT processed or otherwise prepared for human consumption but not consumed on the premises. FRONTAGE as illustrated in Diagram 3.2, means the horizontal - distance between two side Parcel lines-measured at the minimum Building Setback from the Front Parcel Line. Diagram 3.2 I Diagram illustrating Frontage City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 13 55 of 219 GARAGE, PRIVATE means an Accessory Building or part of the Principal Building designed and used primarily for the storage of motor vehicles and includes a car port. A Detached Secondary Suite Dwelling may be included within a private Garage. GARDEN SUPPLY means a Building, Structure and land used for growing, display and retail sale of plants and seeds together with gardening tools and equipment, gardening chemicals, landscaping materials, and related uses. GASOLINE SERVICE STATION means a Building or land used or intended to be used for the retail sale of motor fuels and lubricants and may include a car wash facility, the servicing and minor repairing of motor vehicles and the sale of automobile accessories. GOLF COURSE means a public or private area operated for the purpose of playing golf. May include a par 3 Golf Course, club house, Accessory driving ranges and miniature Golf Courses. GRADE, AVERAGE as illustrated in Diagram 3.3, means the average of the elevations of finished grade taken at the corners of each of the exterior walls of the Building. Diagram 3.3 I Average grade, measured at exterior corners City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 14 56 of 219 GRADE, FINISHED means: a. the grading elevation as identified on a lot grading plan , where such a plan has been approved by the City; or b. where there is no approved lot grading plan, the lowest natural grade elevation existing prior to construction, such grade elevation to include fill materials placed on the lot to raise the grade elevation up to but not above the Natural Grade elevation of adjacent lots. GRADE, NATURAL means the elevation of the ground surface in its natural state, before man-made alteration; or on sloping or irregular sites, the angled plane, before man-made alteration. GUEST HOME means a detached Dwelling containing no more than 4 Sleeping Units used for short-term residential occupancy offered for rent, or rented, for periods of less than one month to no more than 2 persons per Sleeping Unit. HEALTH SERVICES means a Building used for the provision of physical or mental health services on an out-patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Typical uses include but are not limited to medical and dental offices, chiropractors, massage therapists and acupuncture clinics, health clinics, and counseling services. ------HEeARE,-6R9SS mea11s a liectar e of land which includes devefopabte_a_n_ undevelopable areas given over for the dedication of streets, Lanes and Open Space. HECTARE, NET means the total land area calculated within a parcel boundary minus the total land area within the same parcel boundary that is likely to be occupied by road right of ways and Park dedications. HEIGHT means the vertical distance measured from Average Grade to the highest point of a roof. HIGHWAY includes a street, road, Lane, bridge, viaduct and any other way open to public use, but does not include a private right-of-way on private property. HILLSIDE TERRAIN means land with inclines of 12% or more for a minimum horizontal distance of 10.0 m. HOME OCCUPATION means the use of a portion of a residential Dwelling or Accessory Building to conduct trade, business, City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 15 57 of 219 profession or other occupation which is secondary to the Principal Use of the Dwelling. HOSPITAL means any Institution, Building or other premises or place established for the maintenance, observation, medical and dental care and supervision and skilled nursing care of persons afflicted with or suffering from sickness, disease or injury or for the convalescence of chronically ill persons. HOSTEL means a Building used as a temporary place of lodging containing one or more dormitories and includes common area and facilities for washing, cooking, dining and socializing. HOTEL means a Building which contains Sleeping Units having a common entrance and providing accommodations for the traveling public. It may contain public assembly, commerce, entertainment, indoor recreation or Restaurant uses and premises licensed for on-site consumption of alcoholic beverages, with or without private cooking facilities in Sleeping Units. HOUSEHOLD REPAIR means a Building used for the provision of repair to SERVICES goods, equipment and small appliances normally found within the home. Typical uses include but are not limited to radio, television, and appliance repair, furniture refinishing, and upholstery shops. This use class does not include personal services establishments. INSTITUTION includes an arena, art gallery, college, court of law, community centre, federal Office, fire hall, Library, ------~mrnu~n~ieci~p~ffke, pro~4~ffi~seu~~~~------ playground, police station, Hospital, School, stadium or swimming pool. JUNK means used or discarded worn out or scrapped machinery, vehicles, vehicle parts, scrap metal, chains, used pipes, waste paper, rags, enamelware, furniture, bottles, cans, rope, iron, copper or other scrap or discarded materials. JUNKYARD means any Parcel of land or Building for which the principal or Accessory use is the abandonment, collection, demolition, dismantlement, keeping, storage, bailment, salvage or sale of Junk. KENNEL means an establishment for the boarding or breeding of dogs or cats. LANDSCAPE BUFFER means a continuous strip planted in lawns, shrubs, and/or trees with or without Fences, walkways or other City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 16 58 of 219 Structures or materials as used in landscape architecture. LANDSCAPE SCREEN means an opaque visual barrier formed by a row of shrubs or trees or by a wooden Fence or masonry wall or by a combination of these. LANE means a road allowance less than six meters in width which is intended to provide only a secondary means of access to a site, at the side or rear of the property. LEISURE FACILITIES means Buildings, Structures or venues that accommodate community leisure activities and services including arts, cultural and recreational programs. LIBRARY means a Building containing printed, pictorial, audio, video and other reference materials for public use for purposes of study, reference and recreation. LIGHT MANUFACTURING means fabricating, processing, assembling and finishing that does not produce hazardous wastes, is undertaken completely within an enclosed Building and results in finished products that generally weigh less than about 200 kg per unit. LIQUOR LICENSED PREMISES means any Building, Structure or premises licensed to sell liquor under the B.C. Liquor Control and Licensing Act, including a bar, cabaret, cold beer and wine store, liquor store, nightclub or neighbourhood pub. LOADING SPACE means an open area used to provide free access for vehicles to a loading door, platform or bay for the purpose of loading or unloading. MZONE means all Zones with the letter M as a prefix in the Zone name, including but not limited to the M-1 Zone. MAUSOLEUM means a Building used as a place for the interment of the dead in sealed crypts or compartments. MINING USE means the extraction of minerals from the surface or subsurface. MOBILE HOME means a transportable, single or multiple-section single family Dwelling conforming to the MH Standards at the time of manufacture and in accordance with CAN/CSA Z240 MH installation requirements. It is ready for occupancy upon completion of setup in accordance with required factory-recommended installation instructions. MOBILE HOME PARK means a Parcel of land under one ownership which has been planned, divided into Mobile Home Park Spaces, and improved for the placement of Mobile Homes for City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 17 59 of 219 permanent residential use, containing three or more Mobile Home Park Spaces or upon which is located three or more Mobile Homes and includes all Buildings, Structures, or accessories used or intended to be used as equipment for the Mobile Home Park. MOBILE HOME PARK SPACE means a Parcel of land within a Mobile Home Park on which Mobile Homes may be placed for permanent residential use. MOTEL means accommodation primarily for transients traveling by automobile, with a Parking Space on the lot for each lodging unit, which may or may not provide cooking facilities for individual Sleeping Units, and with access to each such unit directly from the outside. MUNICIPALITY means the Corporation of the City of Rossland or the area within the municipal boundaries thereof as the context may require. MUSEUM means a Building or Buildings used, or to be used, for the preservation of a collection of paintings, works of art, objects of natural history, mechanical, scientific or philosophical inventions, instruments, models or designs, dedicated to the recreation of the public, together with libraries, reading rooms, laboratories or other Offices and premises used or to be used in connection therewith. NURSING HOME means any premises in which persons are cared for, lodged, either by a charitable Institution within the meaning of the appropriate statute or for hire, where, in ---·-----·------ac::kfitien-- to- -sfeepffig---aec-ommodation- and---me-als1 -- personal care, nursing services or medical care and treatment are provided or made available. OFFICE means a Building or part thereof, designed, intended or used for the provision of professional, management, administrative or consulting in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial agencies or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, Health or Personal Service, Financial Institution, place of amusement, the servicing and repair of goods, and the manufacture or handling of a product. OFF-STREET PARKING SPACE means any space on a Parcel, excluding Highways and Aisles, for the Parking of one vehicle. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 18 60 of 219 OPEN SPACE means the open, unobstructed space on a Parcel, including the open unobstructed space accessible to all occupants of any residential or commercial Building or Structure on the Parcel including the required set back areas, which is intended for passive or active recreational purposes and provides for greenery, the growth and maintenance of grass, flowers, bushes, gardens, community gardens and other landscaping and may include, permeable-surfaced pedestrian walks, Patios, pools or similar areas, but does not include any storage, driveway, ramp or parking areas. OPEN SPACE, NATURAL means open space for the conservation, preservation and passive or active recreational appreciation of natural features and may include a Watercourse, grasslands, stands of mature trees, Trails, wildlife habitat and sanctuaries or other land forms deemed worthy of protection for their unique value unto itself, the surrounding area and the community as a whole. PARCEL means any lot, block or other area in which land is held or into which it is subdivided, but does not include a Highway. PARCEL AREA means the total extent of the Parcel. PARCEL COVERAGE, BUILDING means the total ground level area of all primary and auxiliary buildings, additions, carports, canopies and structures of any kind located on a parcel, measured to the outside of the foundations or footings, divided by the total parcel area and expressed as a percentage. ---- PARCEL COVERAGE-:- suRFACE--m ean-s- t he -percenCor-tlle Parcer Area coverecf-by Buildings or Structures, parking areas, driveways and walkways. Permeable or semi-permeable surfaces are exempt. PARCEL LINE, EXTERIOR SIDE means a Parcel line that is common to the Parcel and a street, other than a rear or Front Parcel Line. PARCEL LINE, FRONT means a Parcel boundary contiguous to a Highway but not a Lane, provided that in respect of a corner Parcel, the Front Parcel Line shall be the shortest Parcel boundary contiguous to a Highway other than a Lane. PARCEL LINE, INTERIOR SIDE means a Parcel line between two or more Parcels or a Lane, other than a front or Rear Parcel Line. PARCEL LINE, REAR means the boundary of a Parcel which lays the most opposite to and is not connected to the Front Parcel Line. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 19 61 of 219 PARK means an area permanently devoted to recreational uses and generally characterized by its natural, historic or landscaped features, and used for both passive and active forms of recreation. It includes all landscaping, facilities, playing fields, access, trails, buildings and structures consistent with the general purpose of parkland. PATIO means a surfaced, Open Space of land at grade adjacent to a residential Dwelling unit which is used as an extension to the interior of the home for private or semi-private entertainment or leisure activities. PERSONAL SERVICES means uses that provide personal services to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects and where the sale of retail goods is only Accessory to the provision of such services. Typical uses include but are not limited to barber shops, hairdressers, manicurists, spas, tailors, dress makers, shoe repair shops, dry cleaning establishments, and Laundromats; but do not include health services. PRINCIPAL USE means the main purpose for which land, Buildings or Structures are used or intended to be used. PUBLIC ASSEMBLY means a gathering space for civic, cultural, political, religious, social, educational, and recreational or like purposes within a Building. PUBLIC PARKING AREA means a parcel or part of a parcel or a Building for parking public, customer or employee vehicles. PUBLIC UTILITY USE means facilities for local transmission, storage or treatment of water, sewage, electrical power, telephone, natural gas, cable television and other similar services, but does not include the storage or treatment of sewage. QUARRY USE means the extraction of sand, gravel and rock from the surface or subsurface. RZONE means all Zones with only the letter R as a prefix in the Zone name, including but not limited to R-1, R-lB/B, Rl R, R-3, R4, and R-MH Zones. RECREATION CABIN A free standing accessory building not connected to utility services (water, sewer, electricity, gas) which does not serve a principal dwelling with the following restrictions: i. Maximum 80 sq. meter footprint City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 20 62 of 219 ii. May feature both an enclosed indoor area and an outdoor deck area • maximum 60 sq. m max. indoor floor space • must be one level; no second story or basement iii. Maximum height of 6 meters iv. May contain a CSA certified heat source v. May not feature a septic system but should feature a composting toilet or equivalent. vi. Must meet all relevant building/fire/safety codes vii. Utilized principally for recreation activity viii. Not utilized as a domicile or residence for any individual for any period of time. RECREATION FACILITIES means the use of land, Buildings or Structures to accommodate public or private indoor and outdoor recreational activities, including but not limited to ball diamonds, bike parks, tennis courts, hockey arenas, swimming pools, skate parks, racquet courts, and weight rooms. RECREATION VEHICLE means a vehicle, trailer or coach, constructed or equipped to be used as a temporary living or sleeping quarters by travelers. RESIDENCE means one or more habitable rooms together that contain cooking facilities, at least one bathroom, and have a private entrance from outside a Building. RESTAURANT means a Building where prepared food is offered for sale to the public and includes cafes, coffee shops, --·-·-----·---- _____ ·- --·-______s~J~.t~Ii~.s, Jt~[!y bar:_s4- _rgfr:..e.s.hiD_e.nt. _s.t_and_s, _.fas.t _fogd ______. take-out establishments, or tea rooms. RETAIL STORE means a Building or Commercial Unit where goods, merchandise, substances, articles or things are offered or kept for sale at retail, including storage of limited quantities of such goods, merchandise, substances articles or things, sufficient only to service such store. Typical uses include but are not limited to bakery shops, book shops, camera shops, clothing stores, drug stores, fish markets, florist shop, grocery stores, hardware, home furnishing stores, jewellery store, meat markets, optical shop, pet store, second-hand stores, stationery stores, super markets, toy stores and variety stores. RETAINING WALL means a Structure constructed to hold back, stabilize or support an earthen bank or Structure as a result of differences in lot grades or slope of terrain. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 21 63 of 219 SCHOOL means a public School, a separate School, a community School, a university, a college or a private School authorized by the authority having jurisdiction. SETBACK as illustrated in Diagram 3.4, means the horizontal distance measured at right angles to the Parcel line, between the Parcel line and the Building, Structure, or use. Diagram 3.4 I Setbacks (Front, Rear, Interior, Exterior) R~r----;------~-1 v 1-- Interior ./ ·------· - - - -- Front --l------j SIGN means a name, identification, description, device, display or illustration which is affixed to or represented directly or indirectly upon a Building, Structure or Parcel and which directs attention to an object, product, place activity, person, institute, organization or business. SIGN, ANIMATED, FLASHING means a Sign which has movement produced either OR MOVING mechanically or electrically which gives the effect of movement or flashing lights. SIGN, FASCIA means a flat wall Sign that does not project more than 0.4 m from the surface of a Building. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 22 64 of 219 SIGN, NEON means a Sign illuminated by a combination of electricity and neon gas which may or may not move while the Sign is in operation. SKI FACILITIES means the use of land, Buildings or Structures to provide cross-country ski trails, downhill ski trails; ski lifts and towers; and may include skier services and resort commercial uses. SKIER SERVICES means to equip, service, and teach skiers and snowboarders and may include but not be limited to ticket sales, equip-ment rental and repair, ski school, ski patrol, and change rooms. SLEEPING UNIT means a habitable room for accommodating not more than 2 (two) adult boarders, as defined by the Age of Majority Act, and may not include a bathroom or cooking facilities. SMALL SCALE FOOD AND includes, but is not limited to, a bakery, a butcher shop, BEVERAGE PROCESSING a wine making enterprise or a beer making enterprise. ESTABLISHMENT STOREY means that portion of a Building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. STOREY, FIRST means the Storey having its floor level not more than 2 m above grade. STORAGE YARD means an area outside of an enclosed Building where ------·-----··---· -· ------construction,"""tontractor and/or-trade -retated-matertah------and equipment, lumber and new Building materials, monuments and stone products, public service and utility equipment or other goods, material, products, vehicles, equipment, or machinery are stored, baled, piled, handled, sold or distributed, but shall not include an automobile wrecking yard or junkyard. STRUCTURE means any construction fixed to, supported by or sunk into land or water but not concrete or asphalt paving or similar surfacing. SUB-ZONE means the individual areas of land with specified permitted uses and regulations as shown in the Comprehensive Development Zones. TEMPORARY BUILDING or means a building or structure which is not supported on STRUCTURE permanent foundations and which may or may not be connected to municipal services. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 23 65 of 219 TERRACE means an open, uncovered level space either natural or man-made directly adjacent to a Principal Building and is at an elevation of not more than 0.4 m above grade. TOURIST ACCOMMODATION means a Dwelling containing two or more accommodation units that provide lodging primarily for visitors based on a daily, weekly or monthly rental period and may contain the following: a. common areas; b. dining facilities to serve the guests of the tourist accommodation; c. recreation facilities to serve the guests of the tourist accommodation. THEATRE means a Building or Structure devoted to showing motion pictures, or for dramatic, musical or live performances. TRAIL means an area used for walking, running, hiking, horseback riding, cross-country skiing, bicycling or other forms of non-motorized recreational travel. VETERINARIAN'S CLINIC means a Building or part of a Building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention. Such Clinics may or may not also provide short-term lodging for sick animals. Such Clinics may include a pet crematorium. WAREHOUSE means a Building or part of a Building used for the ._____ . ______----· ______. _ -~~Q~aM.Jlog dis!ribution of _g_o9~_ war~_S1 ....!!!.~r.~h~oQ!se ~... __ substances or articles and may include facilities for a truck or transport terminal or yard. WATERCOURSE means a depression with a bed below the natural elevation of surrounding land to give direction to a current of water anytime in the year. WOOD FIBER PRODUCTION means planting and harvesting of trees. ZONE means a Zone established under the Local Government Act and this Bylaw. City of Rossland Zoning Bylaw I DEFINITIONS Section 3 I Page 24 66 of 219 GENERAL REGULATIONS SECTION 4 4.0 GENERAL REGULATIONS Except as otherwise specified in this Bylaw, Section 4 applies to all Zones established under this Bylaw. 4.1 Use of Land, Buildings and Structures 4.1.1 Non-Conforming Uses Where the use of land, Buildings or Structures or portions thereof does not conform with this Bylaw and was lawfully used prior to the enactment of the prohibition in this Bylaw, the use of the land, Building or Structure or portion thereof may be continued as a non-conforming use subject to section 911 of the Local Government Act R.S.B.C. 1996, as amended or replaced from time to time. 4.1.2 Permitted Uses a) Public Uses and Utilities The following uses are permitted in all Zones: 1) Parks, playgrounds, Open Space and Natural Open Space; 2) Public utility facilities for local transmission of water, sewage, electrical power, telephone, natural gas, cable television and other similar services (but not including sewage treatment plants, electrical substations, storage yards, works yards, maintenance Buildings, or Offices) are permitted in all Zones, and individual Parcels for the facilities are exempt from minimum Parcel Area requirements provided that: i) The location of the Structure or use on the Parcel is necessary for the safe and efficient operation of the utility; ii) A Landscape Screen having a Height of not less than 2 m and a 1.5 m wide Landscape Buffer shall be provided along all Parcel boundaries, and iii) Fencing having a Height of not less than 1.5 m shall be erected where danger to the public exists. b) Secondary Suite Dwellings A Secondary Suite is subject to the following regulations: 1) A secondary suite shall be licensed by the City of Rossland. 2) A secondary suite shall only be permitted within a One Family Detached Dwelling, but no more than one secondary suite shall be permitted. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 25 67 of 219 3) A secondary suite shall not be permitted within a Two Family Dwelling. 4) A Secondary Suite has a separate entrance, either from a common indoor landing or directly from the outside. 5) The maximum allowable net floor area of a Secondary Suite Dwelling shall be 70 square meters. 6) Where a secondary Dwelling unit is permitted, a minimum area of 30 square meters of Open Space shall be provided per Dwelling unit. 7) A secondary suite shall be located in a Building and on a property which is a single real estate entity. No strata titling will be permitted. 8) In developing a secondary suite, the owner shall comply with all relevant requirements of the British Columbia Building Code c) Detached Secondary Suite Dwellings A Detached Secondary Suite is subject to the following regulations: 1) A Detached Secondary Suite shall be licensed by the City of Rossland. 2) The maximum allowable net floor area of a Detached Secondary Suite Dwelling shall be 70 square meters. 3) A Detached Secondary Suite shall not be permitted on the same parcel as a Two Family Detached Dwelling or a Multiple Conversion Dwelling or a One Family Detached Dwelling with a Secondary Suite. ----··----·------·--4) - -Notwithstandi-Ag Sect~on--4.1.2-{f.),--where--a -Detached- Secondafy- - Suite is constructed, either wholly or in part, in a detached private Garage, the Building Height may be increased to 6.0 m. 5) No more than one Detached Secondary Suite shall be permitted per parcel. 6) Where a Detached Secondary Suite is permitted, a minimum area of 30 square meters of Open Space shall be provided per Dwelling unit. 7) A Detached Secondary Suite and Principal Building must share a property which is a single real estate entity. No strata titling will be permitted. 8) In developing a Detached Secondary Suite, the owner shall comply with all relevant requirements of the British Columbia Building Code. d) Home Occupation City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 26 68 of 219 A Home Occupation is subject to the following regulations: 1) A !:tome Occupation shall be licensed by the City of Rossland. 2) The Home Occupation shall not occupy more than 46 square meters of the Dwelling unit or Accessory Building, or 25% of the Gross Floor Area of the Dwelling unit, whichever is less. 3) No retail sales other than the sale of goods produced on the premises are permitted. 4) The Home Occupation shall be carried out within the principal Dwelling unit, or within an Accessory Building, with no external storage of materials, containers or finished products. 5) A Home Occupation shall not be permitted to have a Commercial Vehicle exceeding 5 tonnes (5,000 kgs.) gross vehicle weight (GVW), located outside an unenclosed Building. 6) Only the inhabitants of the Dwelling unit and three other people may carry on the Home Occupation on the site occupied by the principal Dwelling unit. 7) A Home Occupation shall not operate beyond the hours of 07:00 to 19:00 and not generate traffic congestion or parking problems with the Municipality or the immediate neighbourhood and shall not produce a public offence or nuisance of any kind. 8) A Home Occupation shall not involve manufacturing, welding, light industries or other uses which create a noise, vibration, smoke, dust or fume nuisance. 9) A Home Occupation shall not involve materials or products that produce flammable or explosive vapours or gases under normal ------·- - ·- ---eJty-otRosstandtemperature extremes:------ 10) There shall be no exterior indication that the Building is being used for any other purpose other than the Dwelling, except one Sign may be attached to the wall of the Principal Dwelling or Accessory Building and which shall not exceed 0.5 square meters. e) Bed and Breakfast Accommodation A Bed and Breakfast is subject to the following regulations: 1) Bed and Breakfast Accommodation shall be operated in a One Family Detached Dwelling and shall not consist of more than four (4) Sleeping Units; 2) A Bed and Breakfast shall be licensed by the City of Rossland 3) Each Sleeping Unit shall contain no cooking facilities; 4) The combined floor area of all Sleeping Units contained in a bed and breakfast operation shall not exceed 50% of the total floor area of the subject Dwelling; City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 27 69 of 219 s) The room rate includes meals served on the premises and includes the use of common living and dining areas for such guests; 6) The use of the Principal Dwelling as the Principal Residence of the bed and breakfast operator and; 7) The external appearance of a Dwelling containing Bed and Breakfast Accommodation shall be in keeping with the residential character of the surrounding neighbourhood; 8) Subject to Section 4.6, one sign shall be permitted on a Parcel advertising the bed and breakfast operation subject to the following regulations: i) the Sign type may be either free standing or fascia; ii) the only permitted Sign lighting is external; iii) the content of the Sign shall be limited to the name of the bed and breakfast business and an accompanying graphic design; iv) the size of the Sign shall not exceed 0.5 square meters. f) Buildings and Structures Accessory Buildings and Structures shall be permitted in all Zones provided that: 1) Not more than 3 Accessory Buildings and Structures shall be permitted on a Parcel in any R Zone. 2) The Height of an Accessory Building or Structure in any R Zone shall not exceed 4.5 m. ------3) - N"otwlthstandinglhe SetbackreqQirements ofthisBylaw:------·· i) The Setbacks for the vehicle entrance of private Garages and carports - one vehicle width - shall not be less than 0.3 meters from the Parcel line facing the vehicle entrance. ii) Where the Principal Building is attached to a private Garage or carport, no portion of the Principal Building which serves a purpose other than motor vehicle storage will be permitted to encroach upon the Setbacks required in that Zone. g) Farmer's Market A Farmer's Market is subject to the following regulations: 1) A Farmer's Market shall be licensed by the City of Rossland. 2) The site of a Farmer's Market shall not include any permanent Structures. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 28 70 of 219 3) A vendor at a Farmer's Market shall only display and/or sell products and foods that were made, baked or grown locally with only a limited number of non-food crafts and no imported products. 4.2 Temporary Uses, Buildings Or Structures The following uses, Buildings or Structures are permitted to the extent specifically stated: 4.2.1 Temporary Residential Use a) Except on a Parcel in a Zone permitting a Campground use, the use of any Parcel or public space for camp site purposes is prohibited. b) Notwithstanding the provision of this section, a camp site use by not more than one trailer, truck camper, camper, tent or Recreation Vehicle, but not a Mobile Home, shall be permitted on a single detached residential Parcel for a stay not to exceed fourteen days. c) Following a stay of fourteen days or more on a single detached residential Parcel, a camp site use on that single detached residential Parcel shall not be permitted for the following five days. 4.2.2 Temporary Structures or Buildings a) Temporary Structures or Buildings for construction-related purposes connected to an active Building permit or application may be erected in all Zones, provided that: 1) the temporary Structure or Building meets the requirements of the British Columbia Building Code, and amendments thereto; 2) the temporary Structure or Building is removed within 30 days of .c.omple..tion of.t.h.e....perrnan.eotf.acility. or_.12..months after the______. _ .. __ temporary Structure or Building is erected or installed, whichever is the lesser period b) Temporary Structures or Buildings for any use may be erected in any Zone provided that: 1) the use is permitted in the Zone; 2) the temporary Structure or Building meets the requirements of the British Columbia Building Code, and amendments thereto; 3) the use meets the parking requirements of this bylaw; and 4) the temporary Structure or Building is removed within 30 days of completion of the permanent facility or 12 months after the temporary Structure or Building is erected or installed, whichever is the lesser period. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 29 71 of 219 4.3 Conversion of Buildings a) Buildings may be converted, altered or remodeled for another use, provided that: 1) The Building Inspector certifies that the Building is structurally suitable for such conversion. The owner of the parcel or Building to be converted may be required to provide the City with a report prepared by Structural Engineer. 2) The converted Building shall comply with all relevant requirements of the British Columbia Building Code and conform to all the provisions and regulations prescribed for the zoning district in which it is located. 4.4 Prohibited Uses a) Helicopter landing facilities (except as required for emergency medical evacuations). b) Drive-through commercial facilities including but not limited to financial services, restaurants and other retail. c) Dumping and or waste disposal with the exception of managed organic waste that is being composted. 4.5 Regulation of the Size, Shape and Siting of Buildings and Structures 4.5.1 Non Conforming Size, Shape and Siting a) Where the use and density of a Building or Structure conform to this Bylaw, but the size, shape or dimensions, or siting of a Building or Structure or _____ ·--· ____ --· _p _o~_!i_~l'!_s !b!lr_e_of c!_Q_~~ ~~ -<:QI'!.f9!!!l_~itb_!his _ ~'llCI~_ an~ - ~~s- ~~f_uj[y_ ____ ---·-· constructed prior to the enactment of the prohibition in this Bylaw, the Building or Structure or portions thereof may be repaired, extended or altered, subject to section 911 of the Local Government Act R.S.B.C. 1996 and the BC Building Code, both as amended or replaced from time to time, provided that: 1) The Building or Structure does not encroach on public property or public right of way; 2) The repair, extension or alteration would, when completed, involve no further contravention of the Bylaw than that existing at the time the repair, extension or alteration was started except where the repair, extension or alteration is permitted or authorized through a Council approved variance. 4.5.2 Siting Exceptions and Permitted Projections When calculating the minimum required distance to an abutting lot line as required elsewhere in this Bylaw, all items attached to such building or structure City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 30 72 of 219 which project out from the exterior wall of such building or structure, shall be deemed to be part of such building or structure for the purpose of measurement of the setback. No features shall project into the Setback required by this Bylaw, except the following: a) A Fence on a Parcel in a detached residential Zone, subject to section 4.7 (b) of this Bylaw. b) Where the prescribed Setback is 1.8 m or greater, steps, stairs, eaves, gutters, leaders, cornices, pilasters, belt course, sills, bay windows, chimneys or other ornamental features projecting beyond the face of a Building may intrude no more than 0.6 minto a required Setback area, provided that such reduction shall apply only to the projecting feature. c) Unenclosed balconies, porches, or sundecks, canopies and awnings, may intrude no more than 1.2 m into the required Front or Exterior Side Setback area, provided that such reduction shall apply only to the projecting feature. d) An at-grade Patio or Terrace constructed to an elevation not more than 0.4 m above grade. e) Clothesline poles f) Fixed external shading devices, if: 1) they are, in the opinion of the Building Inspector, suitably designed and located in a position that provides solar rejection; 2) they are cantilevered; and 3) they do not project more than 1.2 m into a required Setback area, measured at right angles to the face of the Building, but in no ______- ~~~~s~~~IQ_s~~_th~D ~ ~Q_ m !_o ~!1.JD~~~~Q ~ -~i@~arc:~!U11e.· g) In multiple family residential or commercial Zones, an underground parking and similar Structures constructed entirely beneath the surface of the ground may encroach into a required Setback area provided such underground encroachments do not result in a grade inconsistent with abutting properties and the encroachments are covered by sufficient soil depth or surface treatment to foster and sustain landscaping. h) A garden tool storage shed, greenhouse or chicken coop or other accessory building not placed on a permanent foundation, measuring not more than 3.1 min width and 2.5 min Height may intrude into the rear setback area where a lane exists, and the front and exterior side setback areas but is not permitted in the interior side setback area. i) Where an inside wall shared by two or more units within a Building for a residential use, a commercial use, or an industrial use, coincides with an Interior Side Parcel Line of a Parcel or of a strata Parcel shown on a registered strata plan as provided in the Strata Property Act, the Setbacks City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 31 73 of 219 for the Principal Building specified in this Bylaw with respect to the side Parcel line shall not apply. 4.5.3 Height Regulation Exceptions The following Structures are exempt from the Height limitations specified in this Bylaw and in no way shall contain or support habitable use: a) flag pole b) clothesline pole; c) water tower; d) antenna or mast for the transmission or reception of radio and television signal; e) chimney, smoke stack; f) spire, steeple, belfry; g) dome, cupola; h) monument or sculpture; i) industrial cranes j) elevator penthouses k) ventilation machinery, provided they are screened from view I) wind turbines or machines and Accessory mounting equipment, including racks, poles and posts. m) solar panels, solar collectors or other solar technology and Accessory mounting equipment, including racks, poles and posts. 4.6 Consolidation of Parcels Prior to Development Where the construction of a Building that will straddle two or more Parcels is proposed, development shall not proceed until the separate Parcels are consolidated to form one property with a single Certificate of Indefeasible Title. 4. 7 Exemption of Existing Parcels The Parcel Area and Parcel width requirements of this Bylaw shall not apply to any Parcel which has an area or width less than that required by this Bylaw if such a Parcel was described on the official records on file in the Land Registry Office on or before the effective date of this Bylaw. 4.8 Exemption from Minimum Parcel Area The provisions of this Bylaw pertaining to minimum Parcel Area do not apply in the case where: a) two or more Parcels are to be consolidated into one Parcel; b) the Parcel being created is to be used solely for an unattended Building or equipment necessary for the operation of: City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 32 74 of 219 c) a community water system; d) a community sewer system; e) a community gas distribution system; f) a radio or television receiving or broadcasting antenna; g) an air navigation aid; h) an electrical substation or power generating station; i) Parks or playgrounds; or j) any other similar public service facility or utility. 4.9 Cluster, Comprehensive Mixed Use & Comprehensive Residential Development Where a cluster, Comprehensive Mixed Use or Comprehensive Residential Development project is proposed, a comprehensive development plan shall be prepared and may include: a) An application form; b) A letter of intent explaining the proposal; c) A project statistics summary sheet; d) An up-to-date certificate of title; e) Copies of documents and/or legal plans related to all easements, statutory rights-of-way and covenants; f) Dimensioned site plan; g) Dimensioned architectural drawings including floor plans with use notations, elevations, sections and potentially details; h) Detailed land use plan; ·------·--i)--oesign guicfellnes,lf applicable; ___ -·------·--··------·--- j) Landscape plans including grading plans, planting plans and planting schedule; k) A comprehensive sign plan; I) A servicing plan; m) A phasing plan; n) Applicable Engineering reports; Where a comprehensive development plan is approved in principle, a site-specific comprehensive development Zone shall be established that addresses matters specified in the Local Government Act for the subject site. The Zone may include flexible Setback, Frontage and Parking regulations that enable creative development clustering and settlement design. Density bonus provisions may be incorporated into the comprehensive development zone as an incentive for developers to incorporate greenways, trails, parks and other common open spaces, facilities, or amenities into the development design. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 33 75 of 219 4.10 Signs Except for street identification and numbering Signs, traffic control devices, safety and hazard warning Signs, parking instruction Signs, political Signs, private sale or event Signs and prohibitive Signs, all Signs posted shall be in accordance with the regulations of this section. a) The following types of Signs shall not be permitted: 1) Roof Sign; 2) Flashing or Moving Sign; 3) Animated Sign; 4) Electronic Message Board; 5) Neon Sign. 6) Balloon Sign 7) Vehicle Sign 8) A Sign or poster placed on the wall of any Building or Structure, post, pole, Fence or tree, except as otherwise approved by this Bylaw 9) Billboards and temporary signs with the exception of sandwich board type signs that are no higher than lm and no wider than lm. b) Subject to Section 4.9, Illuminated Signs shall not be illuminated from a light source within the Sign. c) In a commercial Zone or industrial Zone, business identification Signs are permitted provided that: ------··- · -- · ------tt- there-shatt be IIOt rnore than one free-standingSign-per-Parcel, except where the Parcel is bounded by more than one Highway, one free-standing Sign shall be permitted on each Parcel boundary abutting a Highway; 2) a free-standing Signs shall not exceed the Height of the Principal Building on that Parcel; 3) there shall not be more than one Fascia Sign for each business occupying the Parcel; 4) business identification Signs shall not exceed 5 square meters. 5) In an industrial Zone, a directional Sign which may consist of a primary Sign as well as individual business identification Signs is permitted provided that the Sign shall not exceed 5 square meters, and that each individual business Sign shall not exceed 1 square meter. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 34 76 of 219 6) No person shall erect or locate or cause or permit to be erected or located a Sign that interferes with traffic or obstructs the visibility of a traffic control device. 4.11 Screening, Landscaping, Fencing and Retaining Walls a) As illustrated in Diagram 4.1, on a parcel abutting a highway intersection: 1) No Structures, fences, retaining walls, screens or landscaping exceeding 1 meter in height above the established grade as measured at the centre of the intersection shall be permitted within 5.0 m of an exterior parcel corner, as defined by the intersection of an exterior side parcel line and a front parcel line; 2) All screening or landscaping, including trees and other vegetation, must be trimmed so that there is no visual obstruction between 1 m and 3 m above the established grade as measured at the centre of the intersection; Diagram 4.1 I Vision Clearance at Intersections (Sight Triangles) STliEI!1' LINJ! ------~r~-~-2 -m --~T 8TRBIIT LINJ! ;:; 3 SIGHT TRL\NGIJ! ------ b) In any residential, commercial, public, institutional, park and open space or CD zone, a fence: 1) must not exceed a height of 1.3 m when sited to the front of the front face of a Building; 2) must not exceed a height of 1.9 m when sited to the rear of the front face of a Building. c) In any industrial zone, a fence must not exceed a height of 3.0 m. d) Materials used in the construction of a fence are limited to wood, masonry materials (excluding poured concrete and interlocking concrete blocks), metal, pre-cast manufactured perforated or decorative concrete blocks or panels, and any combination thereof. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Pa ge 35 77 of 219 e) Barbed wire, razor wire and similar materials are prohibited in all Zones on fences, Buildings or otherwise, except in industrial Zones where the wire is located on a fence above a height of 1.9 m. f) Retaining walls on all parcels, except those required as a condition of subdivision approval, must not exceed a height of 1.2 m measured from the base of the wall, and must be constructed so that multiple retaining walls are spaced to provide at least a 1.2 m horizontal separation between them up to a maximum of 2 retaining walls. g) Notwithstanding Section 4.11 (f), and where a topographic survey and elevations of the subject lot and Structures, showing adjacent affected lots, are prepared in advance, demonstrating that: 1) the adjacent properties are not adversely affected in regard to overshadowing, sightlines or safety; and 2) the appearance of the subject retaining wall is generally compatible with the traditional streetscape; (eg. Masonry systems, natural finishes, staining, vegetative/landscape screening). h) the Building inspector may permit a higher retaining wall, up to a maximum of 2.4 m or may permit multiple (more than 2) retaining walls. i) Interlocking concrete blocks (lock blocks) used in the construction of a retaining wall are not permitted in residential Zones. j) Subject to Section 4.11 (a), the combined height of a fence on top of a retaining wall at the property line or within 1.2 m of the property line shall not exceed 1.9 m. k) Subject to Section 4.11 (a), on a Parcel located within multiple family --·------__ --resjdentiaJrcammercialr industrjalr public, institutional,. pad<..and.open.space- . ------ or CD Zone, a landscape screen having a height of not less than 2.0 m shall be provided to screen from view all outdoor storage areas, including refuse, waste and recycling container storage areas. I) Subject to Section 4.11 (a), on a Parcel located within a commercial, industrial or public, institutional, park and open space Zone, a landscape screen having a height of not less than 2.0 m and a landscape buffer of not less than 1.5 m wide shall be provided along all parcel boundaries abutting a residential Zone. m) On a Parcel located within a multi-family residential, commercial, industrial public, institutional, park and open space or CD Zone, any part of such Parcel which is not used for Buildings, exterior display areas, parking or loading facilities shall be properly maintained as an Open Space area in a permeable state. n) On a Parcel located in a detached residential Zone, a minimum of 30% of the total surface area of such Parcel shall be properly maintained as an Open Space area in a permeable state. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 36 78 of 219 o) All screening, landscaped buffers or other landscaped areas required by this bylaw are required to abide by the BC Weed Control Act. No parcel shall feature plants identified in the Act as invasive or noxious in BC or the Kootenay region. 4.12 Riparian Area Regulations a) The Rossland Official Community Plan (OCP) Bylaw No. 2425, 2008, establishes Development Permit Areas and Development Permit guidelines in which best management requirements are provided for the site design, construction and post-construction of Buildings and Structures in relation to all riparian areas, streams, ravines and other ecologically sensitive areas. Such requirements will take precedence over any Setback or other requirements contained in this Bylaw for Principal and Accessory Buildings and Structures. 4.13 Lighting a) Any outdoor lighting for any development on a Parcel shall be located, arranged and shielded so that no direct rays of light are oriented upwards, shine beyond the boundaries of the Parcel or interfere with the effectiveness of any traffic control device. b) No flashing or blinking exterior lighting shall be permitted. c) No exterior neon lighting shall be permitted in residential Zones. d) All direct and ambient lighting shall be shielded in residential Zones so as to not shine beyond the boundaries of the lot. e) Site areas with public access shall be lit in keeping with the principles of crime prevention through environmental design and require site lighting as is necessary to encourage pedestrian safety and allow casual surveillance from -adjacenr-Bulldings, streets, parking ·areas·anctwalkways.------·-- ·----- ·· ---- - 4.14 Animal Proof Enclosures and Containers a) Within all zones, if refuse, recycling or other waste containers are to be stored outdoors, such containers shall be Animal Proof Containers or stored in an Animal Proof Enclosure. b) Animal-Proof Containers must be: 1) designed of a sufficiently strong material to prevent animals from chewing, battering or crushing the container; 2) designed to be to sufficiently stable or secured to a solid, stationary base to prevent tipping it over by large animals; 3) constructed from corrosion resistant materials to prevent rust and ensure long product life; and 4) tested and certified animal-proof by an independent third party organisation. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 37 79 of 219 c) With the lids, doors and latches: 1) designed to be tight to reduce odours; recessed and self-closing; 2) designed to be animal proof (i.e. claws unable to reach the latch trigger mechanism); and 3) designed to be sufficiently strong such that they cannot be pried open by animal claws. d) In multiple family residential, commercial, industrial, public, institutional, park and open space or CD Zone, any refuse, recycling or other waste containers and/or enclosures, must be screened from view to the extent outlined in Section 4.7. 4.15 Hillside Terrain a) For development on Hillside Terrain, applicants may be required to submit to the City a report prepared by a Geotechnical Engineer prior to any removal of trees, slope alteration, or other parcel work as well as provide innovation in the design for roads and Structures with an emphasis on slope stability and minimizing cut and fill. b) Alternative development standards may be applicable for these parcels. 4.16 Snow Management a) Rooflines shall be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. b) No owner, occupant or manager of any real property or improvement thereon shall allow or permit ice or snow to accumulate on the roof or any -othef-part of-the Structure-of-Building-owned, occupied-Gr managed by him or her where the accumulated ice or snow constitutes a hazard or reasonable possibility of sliding off the Building onto an adjacent property or any sidewalk, street, alley, public way, park or any other publicly used way. City of Rossland Zoning Bylaw I GENERAL REGULATIONS Section 4 I Page 38 80 of 219 ESTABLISHMENT OF ZONES SECTION 5 5.0 ESTABLISHMENT OF ZONES 5.1 Establishment of Zones a) The area within the boundaries of the City of Rossland shall be divided into zones identified in Table 5.1 b) The correct name of each zone provided for this Bylaw is set out in Table 5.1 and the inclusion of the description contained in Table 5.1 is for convenience only. Table 5.1 I Zones Names and Descriptions Name Description R-1 Single Detached Residential R-11 Detached lnfill Residential R-1 B/B Single Detached Bed and Breakfast R-1 R Detached Residential Rural R-2 Residential Two Family Detached R-2S Residential Two Family Detached Small Lot R-M/H Residential Mobile Home Park R-3 Residential Multiple Family R-4 Residential Mixed Density R-5 Residential Resort Mixed Density GH Guest Homes Sub-Zone C-1 Commercial Downtown Core C-2 - Commercial Service C-3 Commercial Resort Accommodation/ Commercial C-4 Commercial Transition C-5 Commercial Neighbourhood Oriented M-1 Light Industrial P-1 Public and Institutional P-2 Parks and Open Space P-3 Resort Recreation P-4 Resource Management Area CD-1 Comprehensive Development Zone 1 CD-2 Comprehensive Development Zone 2 CD-3 Comprehensive Development Zone 3 CD-4 Comprehensive Development Zone 4 CD-S Comprehensive Development Zone 5 5.2 Location of Zones a) The location of each zone is established on Schedule B, the Zoning Map, of this Bylaw. City of Rossland Zoning Bylaw I ESTABLISHMENT OF Section 5 I Page 39 ZONES 81 of 219 5.3 Zone Boundaries a) Where a zone boundary is shown on Schedule B, the Zoning Map, as following a highway or rail right-of-way or watercourse, the centre line of the right-of-way or watercourse shall be the zone boundary. b) Where the zone boundary does not follow a legally defined line, and where the distances are not specifically indicated, the location of the zoning boundary shall be determined by scaling from the Zoning Map. ---· . -- . ------.. -·-- -· ·-·- ·------·---·----·------· -··-··-·-- ·- ··--···-·-----··-· ·-. ·--·-· --- .. -····- .. City of Rossland Zoning Bylaw I ESTABLISHMENT OF Section 5 I Page 40 ZONES 82 of 219 RESIDENTIAL SECTION 6 6.0 RESIDENTIAL 6.1 R-1 SINGLE DETACHED RESIDENTIAL 1. INTENT The intent of this Zone is to allow One Family residential Dwellings. Emphasis is placed on encouraging the neighbourly development of a variety of housing forms that .I preserve the surrounding residential character, streetscape, landscaped and permeable surfaces. 2. PERMITTED USES The following uses and no others shall be permitted in the R-1 Zone: a) One Family Detached Dwelling b) Secondary Suite Dwelling c) Home Occupation d) Accessory Buildings and Uses e) Detached Secondary Suite Dwelling 3. CONDITIONS OF USE a) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); b) A Detached Secondary Suite Dwelling shall be permitted subject to the provisions of section 4.1.2 (c); c) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); d) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in an area Zoned R-1, no plan of subdivision shall be approved which contravenes the regulations set out below. Min Parcel Max Parcel Min Parcel Area Area Frontage 550m2 1,250 m2 18m 5. FLOOR AREA RATIO For One Family Detached Dwellings the floor area ratio shall not exceed a factor of 0.5. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 41 83 of 219 6. SETBACKS The minimum Setbacks from Parcel lines for all uses in an area Zoned Rl are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8m 3.0m 7. COVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% 8. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 4.5 m for all other Accessory Buildings. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 42 84 of 219 6.2 R-11 DETACHED INFILL RESIDENTIAL 1. INTENT The intent of this Zone is to allow One Family and Two Family residential Dwellings, Multiple Conversion Dwellings, Accessory Secondary Suites and Detached Secondary Suite Dwellings. Emphasis is placed on encouraging the neighbourly development of a variety of housing forms that preserve the surrounding residential character, streetscape, landscaped and permeable surfaces. 2. PERMITTED USES The following uses and no others shall be permitted in the R-1 lnfill Zone: a) One Family Detached Dwelling b) Two Family Detached Dwelling c) Multiple Conversion Dwelling d) Secondary Suite e) Detached Secondary Suite Dwelling f) Home Occupation g) Accessory Buildings and Uses 3. CONDITIONS OF USE a) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); b) A Detached Secondary Suite Dwelling shall be permitted subject to the provisions of section 4.1.2 (c); c) A Multiple Conversion Dwelling shall be permitted subject to: (i) no additions (except for egress only) shall be permitted; (ii) the number of Dwelling units is limited to three; (iii) a minimum area of 30 square meters of private Open Space shall be provided per Dwelling unit; d) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); e) Off Street Parking and loading requirements are subject to the provisions of Section 11. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 43 85 of 219 4. PARCEL SIZE On a Parcel located in an area Zoned R-1 lnfill, no plan of subdivision shall be approved which contravenes the regulations set out below. For One Family Detached Dwelling and Multiple Conversion Dwelling: Min Max Parcel Parcel Min Parcel Parcel Frontage Frontage Building Area Area Width (<550 (>550 square square meters) meters) 275m2 840m2 9m 18m 4.5m For Two Family Detached Dwelling Use: Min Max Min Min Parcel Parcel Parcel Building Area Area Frontage Width 550m2 840m2 18m 4.5m 5 •. FLOOR AREA RATIO a) For One Family Detached Dwellings and Multiple Conversion Dwellings, with a Parcel Area less than 550 square meters, the floor area ratio shall not exceed a factor of 0.6. b) For One Family Detached Dwellings and Multiple Conversion Dwellings, with a Parcel Area equal to or greater than 550 square meters, not to exceed the maximum Parcel Area, the floor area ratio shall not exceed a factor of 0.5. c) For Two Family Detached Dwellings the floor area ratio shall not exceed a factor of 0.6. 6. SETBACKS The minimum Setbacks from Parcel lines for all uses in an area Zoned Rllnfill are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8m 3.0m The minimum Setback from the Interior Side Parcel Line for a Parcel with an area less than 550 square meters may be reduced to 1.2 m under the following conditions: a) The roof of the Building is designed to retain all snow on the roof. b) All rain water and snow melt is managed through on-site run-off detention best management practices and not discharged directly to storm drains or adjacent parcels. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 44 86 of 219 7. COVERAGE For One Family Detached Dwellings and Multiple Conversion Dwellings with a Parcel Area less than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% For One Family Detached Dwellings and Multiple Conversion Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% 8. HEIGHT a) The maximum Height for Principal Buildings is 8.5 m with a Parcel Area less than 550 square metres. b) The maximum Height for Principal Buildings is 10.0 m with a Parcel Area equal to or greater than 550 square metres. c) The maximum Height is 4.5 m for all other Accessory Buildings. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 45 87 of 219 6.3 R-1B/B SINGLE DETACHED BED BREAKFAST 1. INTENT The intent of this Zone is to accommodate a Bed and Breakfast Accommodation use within a one Family Detached Dwelling use. Emphasis is placed on maintaining the character of the surrounding residential neighbourhood. 2. PERMITTED USES The following uses and no others shall be permitted in the R-1 B/B Zone: a) One Family Detached Dwelling b) Bed and Breakfast Accommodation c) Detached Secondary Suite Dwelling d) Home Occupation e) Accessory Buildings and Uses 3. CONDITIONS OF USE a) A Detached Secondary Suite Dwelling shall be permitted subject to the provisions of section 4.1.2 (c); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 {d); c) A Bed and Breakfast Accommodation shall be permitted subject to the provisions of section 4.1.2 (e) d)_ Off Street Parking and loading_ requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in an area Zoned R-18/B, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Max Min Min Parcel Parcel Parcel Building Area Area Frontage Width 550m2 1,250 m2 18m 4.5m 5. FLOOR AREA RATIO For One Family Detached Dwellings the floor area ratio shall not exceed a factor of 0.5. City of Rossland Zoning Bylaw I RESIDENTIAL Section 6 1 Page 46 88 of 219 6. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8m 3.0 m 7. PARCELCOVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% 8. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 4.5 m for all other Accessory Buildings. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 4 7 89 of 219 6.4 R-lR DETACHED RESIDENTIAL RURAL 1. INTENT The intent of this Zone is to allow for One Family and Two Family Detached Dwellings, Agricultural Uses and other related uses, on large rural Parcels. Emphasis is placed on the preservation of the existing natural setting. 2. PERMITTED USES The following uses and no others shall be permitted in the R lRZone: a) One Family Detached Dwelling b) Two Family Detached Dwelling c) Secondary Suite d) Detached Secondary Suite Dwelling e) Bed and Breakfast Accommodation f) Agricultural Use g) Agriculture stand h) Kennel i) Home Occupation j) Accessory Buildings and Uses 3. CONDITIONS OF USE a) A Secondary Suite Dwelling shall be p~rmitted subject to the provisiOns of Section 4.1.2 (b); b) A Detached Secondary Suite Dwelling shall be permitted subject to the provisions of section 4.1.2 (c); c) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); d) A Bed and Breakfast Accommodation shall be permitted subject to the provisions of section 4.1.2 (e) e) Off Street Parking and loading requirements are subject to the provisions of Section 11; City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 48 90 of 219 4. PARCEL SIZE On a Parcel located in an area Zoned R-lR, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Min Parcel Building Area Width 2 ha 4.5m 5. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8 m 3.0m 6. PARCEL COVERAGE For One Family Detached, Two-Family Detached, and Bed and Breakfast Accommodation Uses: Max Building Parcel Max Building Parcel Coverage Coverage - DWELLINGS ONLY 15% 200m2 7. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m b) Notwithstanding Section 4.1.2 (f), the maximum Height for Accessory Buildings is 8.0 m. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 49 91 of 219 6.5 R-2 TWO FAMILY DETACHED RESIDENTIAL 1. INTENT The intent of this Zone is to allow Two Family Residential Dwellings. Emphasis is placed on encouraging the neighbourly development of a variety of housing forms that preserve the surrounding residential character, streetscape, landscaped and permeable surfaces. 2. PERMITTED USES The following uses and no others shall be permitted in the R-2 Zone: a) Two Family Detached Dwelling b) One Family Detached Dwelling c) Secondary Suite d) Detached Secondary Suite Dwelling e) Home Occupation f) Accessory Buildings and Uses a) A Detached Secondary Suite Dwelling shall be permitted 3. CONDITIONS OF USE subject to the provisions of section 4.1.2 (c); b) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); c) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); d) Off Street Parking -and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE Min Min Min Parcel Parcel Building Area Frontage Width 550m2 18m 4.5m The floor area ratio shall not exceed a factor of: 5. FLOOR AREA RATIO a) 0.6 for Two Family Detached Dwellings and b) 0.5 for One Family Detached Dwellings. 6. SETBACKS The minimum Setbacks from Parcel lines for all uses in an area Zoned R2 are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8 m 3.0m City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 50 92 of 219 7. COVERAGE For One Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% 8. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 4.5 m for all other Accessory Buildings. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 51 93 of 219 6.6 R-2S TWO FAMILY DETACHED RESIDENTIAL SMALL LOT 1. INTENT The intent of this Zone is to allow Two Family Residential Dwellings on small lots. Emphasis is placed on encouraging the neighbourly development of a variety of housing forms that preserve the surrounding residential character, streetscape, landscaped and permeable surfaces. 2. PERMITTED USES The following uses and no others shall be permitted in the R- 2SZone: a) Two Family Detached Dwelling b) Home Occupation c) Accessory Buildings and Uses a) An Home Occupation shall be permitted subject to the 3. CONDITIONS OF USE provisions of section 4.1.2 (d); b) Off Street Parking and loading requirements are subject to the provisions of Section 11 with the additional requirement that a maximum of 2 parking stalls are accessed from each driveway. 4. PARCEL SIZE Min Max Parcel Parcel Area Area 275m2 550m2 5. SETBACKS The minimum Setbacks from Parcel lines for all uses in an area Zoned R2S are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8 m 3.0m The minimum setback from the interior side parcel line is reduced to 1.2 m under the following conditions: a) The roof of the building is designed to retain all snow on the roof; AND b) A rain gutter attached to the building is designed to divert all rain water away from the neighbouring properties and into an on-site drainage pit to reduce the flow of stormwater from the site. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 52 94 of 219 6. COVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% 7. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 4.5 m for all other Accessory Buildings. City of Rossland Zoning Bylaw j RESIDENTIAL Section 61Page 53 95 of 219 6.7 R-3 RESIDENTIAL MULTIPLE FAMILY 1. INTENT The intent of this Zone is to allow the development or infill of multiple family developments. 2. PERMITTED USES The following uses and no others shall be permitted in the R-3 Zone: a) Multiple Family Dwellings b) Home Occupation c) Accessory Buildings and Uses 3. CONDITIONS OF USE a) An Home Occupation shall be provided subject to the provisions of section 4.1.2 (d) b) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in an area Zoned R-3, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Min Parcel Parcel Area Frontage- 950m2 18m 5. FLOOR AREA RATIO For Multiple Family Dwellings the floor area ratio shall not exceed a factor of 1.0. 6. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Exterior Side 4.0m 4.0m 2m 3.0m 7. PARCEL COVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 50% 60% City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 54 96 of 219 8. HEIGHT a) The maximum Height is 13.0 m for a Multiple Family Dwelling b) The maximum Height is 4.5 m for Accessory Buildings. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61 Page 55 97 of 219 6.8 R-MH RESIDENTIAL MOBILE HOME PARK 1. INTENT The intent of this Zone is to allow the development of mobile homes in the mobile home park. 2. PERMITTED USES The following uses and no others shall be permitted in the R MH Zone: a) Mobile Home Park; b) Home Occupation; c) Accessory Buildings and uses 3. CONDITIONS OF USE a) An Home Occupation shall be provided subject to the provisions of section 4.1.2 (d) b) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in an area Zoned R-MH, no plan of subdivision approved which contravenes the regulations set out below: Min Min Parcel Parcel Area Frontage 2 ha 10m 5. SETBACKS The minimum Setback from Parcel lines are as follows: a) 8.0 m of any Parcel line abutting a Highway b) 4.0 m of all other Parcel lines c) 3.0 m of any Mobile Home Park Space lot line abutting an internal road right-of- way or common Parking area d) 2.0 m of all other Mobile Home Park Space lot lines 6. HEIGHT a) The maximum Building Height is 4.0 m. City of Rossland Zoning Bylaw I RESIDENTIAL Section 6 1 Page 56 98 of 219 6.9 R-4 RESIDENTIAL MIXED DENSITY 1. INTENT The intent of this Zone is to allow mixed housing types within a common neighbourhood. 2. PERMITTED USES The following uses only shall be permitted in the R-4 Residential-Mixed Density Zone: a) One Family Detached Dwelling; b) Two Family Detached Dwelling; c) Multiple Family Dwelling; d) Home Occupation; e) Secondary Suite; and f) Accessory Buildings and Uses. 3. CONDITIONS OF USE a) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); c) Off Street Parking and loading requirements are subject to the provisions of Section 11. On a Parcel located in an area Zoned R-4, no plan of 4. PARCEL SIZE subdivision shall be approved which contravenes the regulations set out below. For-One Family, Detached Dwelling: Min Parcel Area Max Parcel Area Min Building Width 275m2 750m2 4.5m For Two Family Detached Dwelling Use: Min Parcel Area Max Parcel Area Min Building Width 550m2 1,250 m2 4.5m City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 57 99 of 219 For Multiple Family Dwelling Use: Min Max Parcel Parcel Area Area 750m2 2,400 m2 5. COVERAGE For One Family Detached Dwellings with a Parcel Area less than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% For One Family Detached Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% For Multiple Family Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 50% 60% 6. FLOOR AREA RATIO a) For One Family Detached Dwellings, with a Parcel Area less than 550 square meters, the floor area ratio shall not exceed a factor of 0.6. b) For One Family Detached Dwellings, with a Parcel Area equal to or greater than 550 square meters, not to exceed the maximum Parcel Area, the floor area ratio shall not exceed a factor of 0.5. c) For Two Family Detached Dwellings the floor area ratio shall not exceed a factor of 0.6. d) For Multiple Family Dwellings the floor area ratio shall not exceed a factor of 1.0. 7. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 13.0 m for a Multiple Family Dwelling. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 58 100 of 219 c) The maximum Height is 4.5 m for Accessory Buildings. 8. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Side Exterior Side 4.0m 2.0m 1.8m 3.0m The minimum Setbacks from Parcel lines for Multiple Family Dwellings are as follows: Front Rear Interior Side Exterior Side 4.0m 3.0m 4.0m 3.0m 9. DENSITY The maximum number of equivalent units permitted in the R4 Zone is 70. City of Rossland Zoning Bylaw I RESIDENTIAL Section 61Page 59 101 of 219 6.10 R-5 RESIDENTIAL RESORT MIXED DENSITY 1. INTENT The intent of this Zone is to allow mixed housing types within a common neighbourhood featuring short term tourist accommodation. 2. PERMITTED USES The following uses only shall be permitted in the R-5 Residential- Resort Mixed Density Zone: a) Bed and Breakfast Accommodation; b) Recreation Facilities; c) Two Family Detached Dwelling; d) One Family Detached Dwelling; e) Multiple Family Dwelling; f) Tourist Accommodation; g) Home Occupation; h) Secondary Suite; and i) Accessory Buildings and Uses. 3. CONDITIONS OF USE a) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); c) A Bed and Breakfast Accommodation shall be permitted subject to the provisions of section 4.1.2 (e) - d) Off Street Parking and loading requirements are subject to the provisions of Section 11. City of Rossland Zoning Bylaw l RESIDENTIAL Section Gl Page 60 102 of 219 On a Parcel located in an area Zoned R-5, no plan of 4. PARCEL SIZE subdivision shall be approved which contravenes the regulations set out below. For One Family Detached Dwelling: Min Max Min Parcel Parcel Building Area Area Width 275m2 750m2 4.5m For Two Family Detached Dwelling Use: Min Max Min Parcel Parcel Building Area Area Width 400m2 1,250 m2 4.5m For Multiple Family Dwelling Use: Min Max Parcel Parcel Area Area 750m2 2,400 m2 5. COVERAGE For One Family Detached Dwellings with a Parcel Area less than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% For One Family Detached Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% For Multiple Family Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 50% 60% City of Rossland Zoning Bylaw I RESIDENTIAL Section 6 1 Page 61 103 of 219 6. FLOOR AREA RATIO a) For One Family Detached Dwellings, with a Parcel Area less than 550 square meters, the floor area ratio shall not exceed a factor of 0.6. b) For One Family Detached Dwellings, with a Parcel Area equal to or greater than 550 square meters, not to exceed the maximum Parcel Area, the floor area ratio shall not exceed a factor of 0.5. c) For Two Family Detached Dwellings the floor area ratio shall not exceed a factor of 0.6. d) For Multiple Family Dwellings the floor area ratio shall not exceed a factor of 1.0. 7. HEIGHT a) The maximum Height for Principal Buildings is 10.0 m; b) The maximum Height is 13.0 m for a Multiple Family Dwelling. c) The maximum Height is 4.5 m for Accessory Buildings. 8. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Side Exterior Side 4.0m 2.0m 1.8m 3.0m The minimum Setbacks from Parcel lines for Multiple Family Dwellings are as follows: Front Rear Interior Side Exterior Side 4.0m 3.0m 4.0m 3.0m 9. DENSITY Equivalent units permitted in the R-5 Zone are separated into specific areas as shown on Diagram 6.8 below, the map entitled "R-5 Zone Equivalent Units". City of Rossland Zoning Bylaw I RESIDENTIAL Section 6 1 Page 62 104 of 219 Diagram 6.8- RS Zone Equivalent Units ~ R5 Subzone Equivalent Units A City of Rossland Zoning Bylaw I RESIDENTIAl Section 6 1 Page 63 105 of 219 6.11 GH GUEST HOME SUB-ZONE 1. INTENT Where the GH Guest Home sub-zone is appended to a zone within this Bylaw, all of the regulations for that zone except as otherwise provided herein shall apply to the development of a Guest Home within the hyphenated zone as well as the regulations for this sub-zone. The GH Guest Home sub-zone may be appended only to the below listed Zones: a) R-1 Single Detached Residential b) R-11 Detached lnfill Residential c) R-1R Rural Detached Residential 2. PERMITTED USES The following uses and no others shall be permitted in the GH Sub-Zone: a) A Guest Home use 3. CONDITIONS OF USE a) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE Where Surface Parcel coverage is restricted by this Bylaw, such coverage may be increased by 10% to allow for parking. 5. SIGNAGE Signs shall be permitted subject to the following conditions: a) One Sign advertising the Guest Home(s) shall be permitted on the Parcel on which the Guest Home(s) is/are located, provided that: i) the Sign is either free standing or affixed fascia style to a Building or other Structure; ii) the Sign lighting is external; iii) the content of the Sign is limited to the name(s) of the Guest Home(s), a telephone number for the Guest Home Manager (Guest Home Manager has the meaning defined in the City of Rossland Business License Bylaw in force at the time), and an accompanying graphic design; iv) the size of the Sign does not exceed 0.5 square meters. City of Rossland Zoning Bylaw I RESIDENTIAL Section 6 1 Page 64 106 of 219 COMMERCIAL SECTION 7 7.0 COMMERCIAL 7.1 C-1 COMMERCIAL DOWNTOWN CORE 1. INTENT The intent of this Zone is to allow for commercial uses to provide personal goods, services and entertainment, along with residential uses, within the Downtown Core Area. Emphasis is placed on developments being compatible with the historical character of the area and the provisions of a pedestrian-friendly streetscape. 2. PERMITTED USES The following uses and no others shall be permitted in the C-1 Zone: a) Downtown Commercial Use b) Entertainment Commercial Use c) Neighbourhood Oriented Commercial Use d) Apartment Dwelling(s) in conjunction with a principal commercial use e) Tourist Accommodation f) Hotel g) Hostel h) Accessory Buildings and uses i) Home Occupation j) Farmers Market 3. CONDITIONS OF USE a) An Apartment Dwelling(s) use shall be permitted in conjunction with a commercial use in an area Zoned C-1, provided that the residential Dwelling(s): i) is contained in the same Building as the commercial use; ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey. b) A Tourist Accommodation use shall be permitted, subject City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 65 107 of 219 to: i) A Tourist Accommodation use shall be licensed by the City of Rossland; ii) A Tourist Accommodation use shall be contained within an Apartment Dwelling. c) An Home Occupation shall be provided subject to the provisions of section 4.1.2 (d); d) A Farmer's Market shall be permitted subject to the provisions of section 4.1.2 (g); e) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in a C1 Zone, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Min Max Parcel Parcel Parcel Area Frontage Frontage 270m2 9.0m 18m 5. SETBACKS The minimum Setbacks from Parcel lines are as follows: a) No Front Setback is required, with the maximum Front Setback of 1m; b) No Rear Setback is required except where the Parcel abuts a detached or multi-family residential Zone, in which case 3.0 m from the Rear Parcel Line c) No Side Setback is required except where the Parcel abuts a detached residential use, in which case 1.2 m from the Interior Side Parcel Line d) 1.8 from the Exterior Side Parcel Line 6. PARCELCOVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 90% 90% 7. HEIGHT a) The maximum Height is 15.0 m for Principal Buildings b) The maximum Height is 4.5 m for Accessory Buildings. 8. OTHER REGULATIONS a) The maximum floor area of a Small Scale Food and Beverage Processing Establishment shall not exceed 200 square meters. b) A small scale food and beverage processing enterprise in a C-1 Zone shall have an associated retail use occupying a City of Rossland Zoning Bylaw I COMMERCIAl Section 7 I Page 66 108 of 219 minimum floor area of 30% of the total floor area. c) The retail use associated with the small scale food and beverage processing enterprise shall be located in the portion of the Building closest to the Front Parcel Line. d) The floor area occupied by a retail use associated with a small scale food and beverage processing enterprise shall be located in one contiguous area. e) Clubs and lodges shall only be permitted above the First Storey of a Building. f) Outdoor storage areas shall not be permitted in the Front Setback. g) Outdoor storage areas shall be surfaced with either pervious pavers placed over a reservoir base course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used where surface contaminants may be concentrated and enter the groundwater. h) Off-street parking shall be located either underground or behind the principal Building and shall not be accessed from the front of the parcel where a Lane is present. i) All development in this zone is subject to the goals and standards of the applicable Development Permit Area as set forth in the Downtown Rossland Design Guidelines. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 67 109 of 219 7.2 C-2 COMMERCIAL SERVICE 1. INTENT The intent of this Zone is to allow commercial uses to provide a variety of non-household and non-personal goods and services. 2. PERMITTED USES The following uses and no others shall be permitted in the C-2 Zone: a) Service Commercial Use b) Entertainment Commercial Use c) Recreation Facilities d) Neighbourhood Oriented Commercial Use e) Hotel f) Motel g) Hostel h) Apartment Dwelling(s) in conjunction with a principal commercial use i) Detached Secondary Suite in conjunction with a principal commercial use j) Home Occupation k) Accessory Buildings and uses 3. CONDITIONS OF USE a) An Apartment Dwelling(s) use shall be permitted in conjunction with a commercial use in an area Zoned C-2, provided that the residential Dwelling(s): i) is contained in the same Building as the commercial use; ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey. b) A Detached Secondary Suite Dwelling shall be permitted subject to the provisions of section 4.1.2 (c); c) An Home Occupation shall be provided subject to the provisions of section 4.1.2(d); d) Off Street Parking and loading requirements are subject to the provisions of Section 11. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 68 110 of 219 4. PARCEL SIZE On a Parcel located in an area Zoned C-2, no plan of subdivision shall be approved which contravenes the regulations set out below: a) The minimum Parcel Area is 500 square meters. b) For an automobile service station use, the minimum Parcel Area shall be 1,100 square meters. c) The minimum Parcel Frontage is 15.0 m. Min Parcel Max Parcel Min Parcel Area Area Frontage 500m2 5,000m2 lS.Om 5. SETBACKS The minimum Setback from Parcel lines are as follows: Front Side S.Om 3.0m a) No Rear Setback is required except where the Parcel abuts an R Zone, in which case 3.0 m from the Rear Parcel Line. 6. HEIGHT a) The maximum Height is 12.0 m for Principal Buildings b) The maximum Height is 4.5 m for Accessory Buildings. 7. OTHER REGULATIONS a) Outdoor storage areas shall not be permitted in the Front Setback. b) Outdoor storage areas shall be surfaced with either pervious pavers placed over a reservoir base course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used where surface contaminants may be concentrated and enter the groundwater. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 69 111 of 219 7.3 C-3 COMMERCIAL RESORT ACCOMMODATION/COMMERCIAL 1. INTENT The intent of this zone is to allow for a mix of multiple family residential and commercial uses adjacent to the resort areas. 2. PERMITTED USES The following uses and no others shall be permitted in the C-3 Zone: a) Hotel b) Hostel c) Recreational Facilities d) Personal Service Establishment e) Resort Commercial Use f) Tourist Accommodation g) Multiple Family Dwelling h) Home Occupation i) Accessory Buildings and Uses a) An Home Occupation shall be permitted subject to the 3. CONDITIONS OF USE provisions of section 4.1.2 (d) b) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in an area Zoned C-3, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Min Parcel Parcel Area Frontage 550m2 18.0m 5. SETBACKS The minimum Setback from Parcel lines are as follows: Front Rear Interior Exterior Side 5.0m 2.0m 1.8m 3.0m 6. PARCEL COVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 65% 75% City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 70 112 of 219 7. HEIGHT a) The maximum Height is 15 m for Principal Buildings b) The maximum Height is 4.5 m for Accessory Buildings. 8. OTHER REGULATIONS a) Outdoor storage areas shall not be permitted in the Front Setback. b) Outdoor storage areas shall be surfaced with either pervious pavers placed over a reservoir base course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used where surface contaminants may be concentrated and enter the groundwater. c) Where illumination of outdoor storage and display areas is provided, lighting fixtures shall be located, arranged and shielded so that no direct rays of light are oriented upwards or shine beyond the boundaries of the Parcel. 9. DENSITY Equivalent units permitted in the C-3 Zone are separated into specific areas as shown on Diagram 7.3 below, the map entitled "C-3 Zone Equivalent Units". City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 71 113 of 219 Diagram 7.3- C-3 Zone Equivalent Units City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 72 114 of 219 7.4 C-4 COMMERCIAL TRANSITION 1. INTENT The intent of this Zone is to allow for commercial uses to provide limited personal services and entertainment, within the Washington Street Mid-Town Area as a transition to the lower density surrounding residential Zones. 2. PERMITTED USES The following uses and no others shall be permitted in the C-4 Zone: a) Transition Commercial Use b) Entertainment Commercial Use c) Apartment Dwelling(s) in conjunction with a primary commercial use d) Tourist Accommodation e) Home Occupation f) Accessory Buildings and uses 3. CONDITIONS OF USE a) An Apartment Dwelling use shall be permitted in conjunction with a commercial use in an area Zoned C-4, provided that the residential Dwelling(s): i) is contained in the same Building as the commercial use; ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey. b) A Tourist Accommodation use shall be permitted in conjunction with a commercial use and an Apartment Dwelling use, subject to: i) A Tourist Accommodation use shall be licensed by the City of Rossland; ii) A Tourist Accommodation use shall be contained within an Apartment Dwelling. c) An Home Occupation shall be provided subject to the provisions of section 4.1.2 (d); d) Off Street Parking and loading requirements are subject to the provisions of Section 11. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 73 115 of 219 4. PARCEL SIZE On a Parcel located in an area Zoned C-4, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Min Max Parcel Parcel Parcel Area Frontage Frontage 270m2 9.0m 18.0m 5. SETBACKS The minimum Setback from Parcel lines are as follows: a) No Front Setback is required, with the maximum Front Setback of 1m; b) No Rear Setback is required except where the Parcel abuts a detached or multi-family residential Zone, in which case 3.0 m from the Rear Parcel Line. c) No Side Setback is required except where the Parcel abuts a detached residential zone, in which case 1.2 m from the Interior Side Parcel Line d) 1.8 from the Exterior Side Parcel Line 6. HEIGHT a) The maximum Height is 10.0 m for Principal Buildings. b) The maximum Height is 4.5 m for Accessory Buildings. Max Building Parcel Max Surface Parcel 7. PARCELCOVERAGE Coverage Coverage 60% 70% 8. OTHER REGULATIONS a) Clubs and lodges shall only be permitted above the First Storey of a Building in a C-4 Zone. b) Outdoor storage areas shall not be permitted in the Front Setback. c) Outdoor storage areas shall be surfaced with either pervious pavers placed over a reservoir base course of fractured drain rock or an asphalt or concrete surface. Pervious pavers shall not be used where surface contaminants may be concentrated and enter the groundwater. d) Where illumination of outdoor storage and display areas is provided, lighting fixtures shall be located, arranged and shielded so that no direct rays of light are oriented upwards or shine beyond the boundaries of the Parcel. e) Off-street parking shall be located either underground or behind the principal Building and shall not be accessed from the front of the parcel where a Lane is present. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 74 116 of 219 f) All development in this zone is subject to the goals and standards of the applicable overlay district as set forth in the Midtown Transition Area Design Guidelines, as found in Appendix B of the Midtown Transition Area Neighbourhood Plan located in Schedule J of the OCP. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 75 117 of 219 7.5 C-5 COMMERCIAL NEIGHBOURHOOD ORIENTED 1. INTENT The intent of this Zone is to allow for a neighborhood oriented commercial use, along with limited residential use, for Parcels either within or abutting residential areas to satisfy the daily household or personal needs of the area residents. Emphasis is placed on providing pedestrian oriented commercial developments that reflect the surrounding residential character. 2. PERMITTED USES The following uses and no others shall be permitted in the C-5 Zone: a) Neighbourhood Oriented Commercial Use b) Apartment Dwelling(s) in conjunction with a primary commercial use c) Home Occupation d) Accessory Buildings and uses 3. CONDITIONS OF USE a) A Neighbourhood Oriented Commercial Use shall not exceed 100 square meters square meters of Gross Floor Area. b) An Apartment Dwelling use shall be permitted in conjunction with a commercial use in an area Zoned C-5, provided that the residential Dwelling(s): i) is contained in the same Building as the commercial use; ii) has separate direct at-grade entrance to the outside of the Building, which when fronting onto a Front or Exterior Parcel Line shall not exceed 0.25 times the exterior face of the First Storey. c) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d). d) Off Street Parking and loading requirements are subject to the provisions of Section 11. 4. PARCEL SIZE On a Parcel located in an area Zoned C-5, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Parcel Area Min Parcel Frontage 9.0m City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Page 76 118 of 219 5. SETBACKS The minimum Setback from Parcel lines are as follows: Front Rear Interior Exterior Side 4.0m 2.0m 1.8m 3.0m 6. PARCELCOVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% 7. HEIGHT a) The maximum Height is 10 m for Principal Buildings and 4.5 m for Accessory Buildings. 8. OTHER REGULATIONS a) Outdoor storage areas shall not be permitted in the Front Setback. b) Outdoor storage areas shall be surfaced with either pervious pavers placed over a reservoir base course of fractured drain rock or an asphalt or concrete surface. Pervious pavers should not be used where surface contaminants may be concentrated and enter the groundwater. City of Rossland Zoning Bylaw I COMMERCIAL Section 7 I Pa ge 77 119 of 219 LIGHT INDUSTRIAL SECTION 8 8.0 LIGHT INDUSTRIAL 8.1 M1 LIGHT INDUSTRIAL 1. INTENT The intent of this zone is to provide an area for economic activities which demand larger spaces, and involve primary processing and storage. 2. PERMITTED USES The following uses and no others shall be permitted in theM- 1 zone: a) Automobile repair shop b) Automobile wrecking yard; c) Building supply and garden supply outlet d) Bulk fuel depot e) Cartage operation; f) Construction, trades and storage yard operation g) Food and beverage processing establishment h) Gasoline service station i) Light equipment sales and rental establishment j) Light manufacturing, processing and assembly k) Public utility use I) Warehouse, shipping, wholesale and rental storage facilities m) Accessory Buildings and uses n) One Family Detached Dwelling City of Rossland Zoning Bylaw I LIGHT INDUSTRIAL Section 8 I Page 78 120 of 219 3. PARCEL SIZE On a parcel located in an area zoned M-1, no plan of subdivision approved which contravenes the regulations set out below: Min Min Parcel Parcel Area Frontage 950m2 12.0m Notwithstanding the above regulations, the minimum parcel size for residential only uses is 5 ha. For mixed residential and light industrial uses, the minimum parcel area is 2 ha. 4. SETBACKS The minimum setback from parcel lines are as follows: Front Rear Interior Exterior Side 4.0m 2.0m 3.5m 3.5m Max Building Parcel Max Surface Parcel 5. PARCELCOVERAGE Coverage Coverage 60% 70% 6. HEIGHT a) The maximum height for Principal Buildings is 12 m b) The maximum height is 4.5 m for Accessory Buildings. 7. OTHER REGULATIONS Outdoor storage will be permitted in an area zoned M-1 based on the regulations provided below a) Outdoor storage areas shall not be permitted in the Front Setback. City of Rossland Zoning Bylaw I LIGHT INDUSTRIAL Section 8 I Page 79 121 of 219 PUBLIC, INSTITUTIONAL, PARK & OPEN SECTION 9 SPACE 9.0 PUBLIC, INSTITUTIONAL, PARK & OPEN SPACE 9.1 P-1 PUBLIC AND INSTITUTIONAL 1. INTENT The intent of this Zone is to allow for Institutional and Public uses to provide civic and community-oriented services and facilities. Emphasis is placed on developments that enhance the community. 2. PERMITTED USES The following uses and no others shall be permitted in the P-1 Zone: a) Mausoleum And Crematory b) Church c) Civic Use d) Hospital e) Daycare f) Nursing Home, Intermediate Care Facility and Extended Care Facility g) Congregate Housing h) Police Station i) School j) Tourist Information Booth k) Farmer's Market I) Accessory Buildings and Uses m) Recreation Facilities n) Trails 3. PARCEL SIZE On a Parcel located in an area Zoned P-1, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Parcel Area Min Parcel Frontage 18.0m 4. HEIGHT a) The maximum Height is 13.0 m for Principal Buildings City of Rossi and Zoning Bylaw I PUBLIC, INSTITUTIONAL, Section 9 I Page 80 PARK & OPEN SPACE 122 of 219 b) The maximum Height is 4.5 m for Accessory Buildings 5. PARCELCOVERAGE Max Building Parcel Max Surface Parcel Coverage Coverage 60% 70% 6. SETBACKS The minimum Setback from Parcel lines are as follows: Front Rear Interior Exterior Side 4.0m 2.0m l .Sm 3.0m City of Rossland Zoning Bylaw I PUBLIC, INSTITUTIONAL, Section 9 I Page 81 PARK & OPEN SPACE 123 of 219 9.2 P-2 PARKS AND OPEN SPACE 1. INTENT It is the intent of this Zone to allow Parks, Trails, Open Space and Natural Open Space to provide areas for passive and active recreational purposes, as well as for the protection of open space corridors and ecologically sensitive areas. These areas are not intended for development beyond facilities required to support recreation activities. 2. PERMITTED USES The following uses and no others shall be permitted in the P-2 Zone: a) Parks b) Trails c) Playgrounds d) Natural Open Space e) Recreation Facilities 3. PARCEL SIZE On a parcel located in an area zoned P-2, no plan of subdivision shall be approved which contravenes the regulations set out below: a) No minimum parcel area is required. b) No minimum parcel frontage is required. 4. HEIGHT a) The maximum height is 10.0 m for principal Buildings b) The maximum Height is 4.5 m for Accessory Building. 5. SETBACKS The minimum setback from parcel lines are as follows: Front Rear Interior Side 6.0m 3.0m 3.0m a) where the abutting parcel is in a detached residential zone, a setback of not less than 5 meters from the side parcel line shall be required City of Rossland Zoning Bylaw I PUBLIC, INSTITUTIONAL, Section 9 I Page 82 PARK & OPEN SPACE 124 of 219 9.3 P-3 RESORT RECREATION 1. INTENT The intent of this zone is to provide areas to support resort recreational uses. Development should be limited to facilities required to support the use and maintenance of the recreation areas. 2. PERMITTED USES The following uses and no others shall be permitted in the P-3 Zone: a) Campground; b) Golf Course; c) Leisure Facilities; d) Ski Facilities e) Recreation Facilities; f) Parks g) Trails h) Playgrounds i) Natural Open Space 3. PARCEL SIZE On a Parcel located in an area Zoned P-3, no plan of subdivision approved which contravenes the regulations set out below: Min Min Parcel Parcel Area Frontage 650m2 lS.Om 4. HEIGHT The maximum Height is 15.0 m for Principal Buildings and 4.5 m for Accessory Buildings. 5. SETBACKS The minimum Setback from Parcel lines are as follows: Front Rear 6.0 m 3.0 m a) 3.0 m from a side Parcel line, provided that where the abutting Parcel is in a detached residential Zone, a Setback of not less than 5 meters from the side Parcel line shall be required. City of Rossland Zoning Bylaw I PUBLIC, INSTITUTIONAL, Section 9 I Page 83 PARK & OPEN SPACE 125 of 219 9.4 P-4 RESOURCE MANAGEMENT AREA 1. INTENT The intent of this zone is to ensure that the undeveloped resource management, ecologically sensitive, riparian and habitat areas within the City boundaries are protected and preserved. 2. PERMITTED USES The following uses and no others shall be permitted in the P-4 Zone: a) Parks b) Trails c) Natural Open Space d) Forestry, logging and other forest management activities including but not limited to silviculture, log sorting and storage, slash and prescribed burning, but no manufacturing except portable wood processing. e) Extracting of raw materials from the land, including the preliminary grading, temporary storage, sorting or crushing of materials provided that no further processing is permitted on the site, except where the product is reg_u_l ated by the BC Mines Act. 3. PARCEL SIZE On a Parcel located in an area Zoned P-4, no plan of subdivision approved which contravenes the regulations set out below: Min Parcel Area 20ha 4. REGULATIONS No specific regulations apply to Parcels located in areas Zoned P-4 with respect to Parcel Frontage, Maximum Height, or Setback. City of Rossland Zoning Bylaw I PUBLIC, INSTITUTIONAL, Section 9 I Page 84 PARK & OPEN SPACE 126 of 219 COMPREHENSIVE DEVELOPMENT SECTION 10 10.0 COMPREHENSIVE DEVELOPMENT 10.1 CD-1- COMPREHENSIVE DEVELOPMENT ZONE 1 1. INTENT The purpose of this zone is to provide for the development of a variety of land uses integrated into a planned resort village. The Comprehensive Development One Zone is divided into ten {10) separate Sub Zones. Each sub-zone in the Comprehensive Development One Zone has regulations pertaining to the sub-zone. low Density Residential-lDR-1 2. SUBZONES Multi-Family Residential- MFR-1 Alpine Village Core- AVC-1 lower Alpine Village Core 'A'- AVC-2 lower Alpine Village Core 'B'- AVC- 3 Upper Alpine Village Core- AVC-4 Mountain Activity Area- MA-l Open Space- OS-1 Resort Parking- RP-1 Resort light Industrial- Rll-1 The general regulations shall be applicable to all sub Zones 3. REGULATIONS contained within this CD-1 Zone. a) Permitted Uses of land, Buildings and Structures in all Sub Zones. Except as otherwise stated in this Bylaw, the following uses are permitted in all Zones; i) Highways; ii) Temporary Buildings and Structures, for non domicile use, required for an approved construction project on the same parcel provided that the temporary Buildings and Structures are removed within thirty days of completion of the approved construction; City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 85 DEVELOPMENT 127 of 219 iii) Storage of materials required for an approved construction project on the same parcel or adjoining parcel provided that the materials are removed within thirty days of completion of the approved construction; iv) Trails and lifts; and v) Office Buildings. b) The heights of Buildings and Structures may be exceeded for monuments, chimney stacks, flagpoles and lighting poles or any non-habitable design feature. c) Total equivalent units permitted in the CO-l Zone are separated into specific areas as shown on Diagram 10.1 the map entitled "CD-1 Zone Equivalent Units". d) Total Commercial use in the CO-l Zone is limited to 6,503 square metres, comprising a maximum 4,645 square metres of commercial retail use and a maximum 1,858 square metres of skier services commercial use. Retail commercial use is limited to a maximum gross floor area of 200 square metres per commercial unit. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 86 DEVELOPMENT 128 of 219 Diagram 10.1- CD 1 Zone Equivalent Units • N ,~ ~ ... r... .a CD1 Zone Equivalent Units A 6 4 100 Equivalent Units City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Pa ge 87 DEVElOPMENT 129 of 219 10.1.1 CD-1-Low Density Residential- LDR-1 The following uses and no others shall be permitted in the 1. PERMITTED USES LDR-1 sub-zone of the CD-1 Zone: a) One Family Detached Dwelling; b) Two Family Detached Dwelling; c) Playground and park; d) Bed and Breakfast accommodations; e) Tourist Accommodation Use; f) Home occupations; g) Accessory Buildings, Structures and uses. h) Secondary Suite 2. CONDITIONS OF USE a) A Secondary Suite shall be permitted subject to the provisions of section 4.1.2 (b); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); c) A Bed and Breakfast Accommodation shall be permitted subject to the provisions of section 4.1.2 (e) d) Off Street Parking and loading requirements are subject to the provisions of Section 11. 2 3. PARCEL SIZE The minimum parcel area is 550m • 4. PARCELCOVERAGE For One Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 88 DEVELOPMENT 130 of 219 5. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Exterior 4.0m 2.0m 1.8m 3.0m a} The maximum Height for Principal Buildings is 10 m. 6. HEIGHT b) The maximum Height is 4.5 m for all other Accessory Buildings. a} The maximum number of equivalent units permitted on 7. DENSITY all parcels within the LDR-1 subzone is 100. b) Excepting approved cluster development, density is limited to 12 equivalent units per gross hectare. c) Density can increase to a maximum of 25 equivalent units per net hectare for cluster development, as the land conditions permit or through provision of additional open space. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 89 DEVELOPMENT 131 of 219 10.1.2 CD-1- Multi-Family Residential- MFR-1 1. PERMITTED USES The following uses and no others shall be permitted in the MFR-1 sub zone of the CD-1 zone: a} One Family Detached Dwelling; b) Two Family Detached Dwelling; c) Multiple Family Dwelling; d) Playground and Park; e) Tourist Accommodation Use; f) Home Occupation; g) Accessory Buildings, Structures and uses. h) Secondary Suite 2. CONDITIONS OF USE a} A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 {b); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 {d); c) Off Street Parking and loading requirements are subject to the provisions of Section 11. On a Parcel located in an area Zoned CD-1- MFR1, no plan of 3. PARCEL SIZE subdivision shall be approved which contravenes the regulations set out below. For One Family Detached Dwelling: Min Max Min Parcel Parcel Building Area Area Width 275m2 750m2 4.5m For Two Family Detached Dwelling Use: Min Max Min Parcel Parcel Building Area Area Width 550m2 1,250 m2 4.5 m For Multiple Family Dwelling Use: Min Parcel Area Max Parcel Area City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 90 DEVELOPMENT 132 of 219 4. COVERAGE For One Family Detached Dwellings with a Parcel Area less than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% For One Family Detached Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% For Multiple Family Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 50% 60% 5. HEIGHT a) The maximum Height for Principal Buildings is 10 m. b) The maximum Height is 15.0 for a Multiple Family Dwelling. c) The maximum Height is 4.5 m for Accessory Buildings. 6. SETBACKS The minimum Setbacks-from Parcel lines are as follows: Front Rear Interior Side Exterior Side 4.0m 2.0m 1.8m 3.0m The minimum Setbacks from Parcel lines for Multiple Family Dwellings are as follows: Front Rear Interior Side Exterior Side 4.0m 3.0m 4.0m 3.0m a) Where topography makes possible direct multiple family 7. DENSITY dwellings to land on the outer edge of the Village Core (Sub Zones AVC-1, AVC-2, AVC-3, and AVC-4). b) The maximum number of equivalent units permitted on all parcels within the MFR-1 subzone is 295. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Pa ge 91 DEVELOPMENT 133 of 219 10.1.3 CD-1- Alpine Village Core- AVC-1 The following uses and no others shall be permitted in the 1. PERMITTED USES AVC-1 sub zone of the CD-1 zone: a) Multiple Family Dwelling; b) Hostel; c) Hotel; d) Tourist Accommodation Use; e) Resort Commercial Use; f) Eating and Drinking Establishments; g) Personal Service Establishment; h) Real estate office; i) Skier Services; j) Public Assembly; k) Recreation facilities; I) Day-care facilities; and m) Accessory uses, Buildings and Structures. The minimum parcel area required in the AVC-1 sub-zone is 2. PARCEL SIZE 1200 square meters. 3. SETBACKS There are no prescribed setbacks in this zone. 4. PARCELCOVERAGE Max Surface Parcel Coverage 85% 5. HEIGHT a) The maximum Height is 20 m for Principal Buildings and 6.0 m for Accessory Buildings. a) Parking within AVC-1 shall be on-site and underground or 6. PARKING under Building to reflect the pedestrian orientation of the sub-zone. Up to 10% of the required parking or 10 spaces, whichever is less, may be provided as surface parking for short term, visitor, or accessible parking. For non residential uses, up to fifty percent (SO%) of required parking spaces may be located on another parcel of City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 92 DEVELOPMENT 134 of 219 privately owned land within 400 metres of the subject parcel, subject to the following conditions: i) In no case shall any transfer under this regulation reduce or otherwise compromise the availability of required on-site parking spaces for the parcel to which the on-site parking requirement has been transferred; and, ii) The landowners of the parcel being developed and the parcel, to which the parking is being transferred, shall enter into an agreement with the City under Section 219 of the Land Title Act, registered in priority over any other charges, restricting the use of the necessary portion of the parcel to which the parking is being transferred, to "parking." b) On street parking is not permitted in this sub-zone. a) The maximum number of equivalent units permitted on 7. DENSITY all parcels within the AVC-1sub-zone is 370. b) Total Commercial use in the AVC-1 sub-zone is limited to 5,110 square metres. c) Allocation of this commercial use is shown on Diagram 10.1.3- Map entitled AVC-1 Subzone Commercial Use. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 93 DEVELOPMENT 135 of 219 Diagram 10.1.3- AVC-1 Subzone Commercial Use. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 94 DEVELOPMENT 136 of 219 10.1.4 CD-1- Lower Alpine Village Core 'A'- AVC-2 The following uses and no others shall be permitted in the 1. PERMITTED USES AVC-2 sub-zone of the CD-1 zone: a) Multiple Family Dwelling; b) Recreation Facilities; c) Tourist Accommodation Use; and d) Accessory uses, Buildings and Structures. The minimum parcel area required in the AVC-2 sub-zone is 2. PARCEL SIZE 1200 square meters. 3. SETBACKS There are no prescribed setbacks in this zone. 4. PARCELCOVERAGE Max Surface Parcel Coverage 85% 5. HEIGHT a) The maximum Height is 18 m for Principal Buildings and 6.0 m for Accessory Buildings. a) Parking within AVC-2 shall be on-site and underground 6. PARKING or under Building to reflect the pedestrian orientation of the sub-zone. Up to 10% of the required parking or 10 spaces, whichever is less, may be provided as surface parking for short term, visitor, or accessible parking. For non-residential uses, up to fifty percent (50%) of required parking spaces may be located on another parcel of privately owned land within 400 metres of the subject parcel, subject to the following conditions: i) In no case shall any transfer under this regulation reduce or otherwise compromise the availability of required on-site parking spaces for the parcel to which the on-site parking requirement has been transferred; and, ii) The landowners of the parcel being developed and the parcel, to which the parking is being transferred, shall enter into an agreement with the City under Section 219 of the Land Title Act, registered in priority over any other charges, restricting the use of the necessary City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Pa ge 95 DEVELOPMENT 137 of 219 portion of the parcel to which the parking is being transferred, to "parking." c) On street parking is not permitted in this sub-zone. a) The maximum number of equivalent units permitted on 7. DENSITY all parcels within the AVC-2 sub-zone is 71. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 96 DEVElOPMENT 138 of 219 10.1.5 CD-1- Lower Alpine Village Core 'B'- AVC-3 The following uses and no others shall be permitted in the 1. PERMITTED USES AVC-3 sub-zone of the CD-1 zone: a) Multiple family dwelling; b) Resort Commercial Use; c) Eating and Drinking Establishments; d) Personal Service Establishment; e) Real Estate Office; f) Tourist Accommodation; g) Public Assembly; h) Recreation Facilities; i) Day-care Facilities; and j) Accessory uses, Buildings and Structures. The minimum parcel area required in the AVC-3 sub-zone is 2. PARCEL SIZE 1200 square meters. 3. SETBACKS There are no prescribed setbacks in this zone. 4. PARCELCOVERAGE Max Surface Parcel Coverage 85% 5. HEIGHT The maximum Height is 20 m for Principal Buildings and 6.0 m for Accessory Buildings. a) Parking within AVC-3 shall be on-site and underground or 6. PARKING under Building to reflect the pedestrian orientation of the sub-zone. Up to 10% of the required parking or 10 spaces, whichever is less, may be provided as surface parking for short term, visitor, or accessible parking. For non residential uses, up to fifty percent (SO%) of required parking spaces may be located on another parcel of privately owned land within 400 metres of the subject parcel, subject to the following conditions: i) In no case shall any transfer under this regulation reduce or otherwise compromise the availability of City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 97 DEVELOPMENT 139 of 219 required on-site parking spaces for the parcel to which the on-site parking requirement has been transferred; and, ii) The landowners of the parcel being developed and the parcel, to which the parking is being transferred, shall enter into an agreement with the City under Section 219 of the Land Title Act, registered in priority over any other charges, restricting the use of the necessary portion of the parcel to which the parking is being transferred, to "parking." c) On street parking is not permitted in this sub-zone. a) The maximum number of equivalent units permitted on 7. DENSITY all parcels within the AVC-3 sub-zone is 45. b) Retail sales shall not exceed a total gross floor area of 93 square metres per commercial unit within the AVC-3 sub zone. c) Total Commercial use in the AVC-3 sub-zone is limited to 557 square metres. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 98 DEVELOPMENT 140 of 219 10.1.6 CD-1- Upper Alpine Village Core - AVC-4 The following uses and no others shall be permitted in the 1. PERMITTED USES AVC-4 sub zone of the CD-1 zone: a) Multiple Family Dwelling; b) Hostel; c) Tourist Accommodation Use; d) Resort Commercial Use; e) Eating and Drinking Establishments; f) Personal Service Establishment; g) Public Assembly; h) Skier Services; i) Recreation Facilities; j) Day-care Facilities; and k) Accessory uses, Buildings and Structures. The minimum parcel area required in the AVC-4 sub-zone is 2. PARCEL SIZE 1200 square meters. 3. SETBACKS There are no prescribed setbacks in this zone. 4. PARCEL COVERAGE Max Surface Parcel Coverage 85% 5. HEIGHT The maximum Height is 20 m for Principal Buildings and 6.0 m for Accessory Buildings. a) Parking within AVC-4 shall be on-site and underground or 6. PARKING under Building to reflect the pedestrian orientation of the sub-zone. Up to 10% of the required parking or 10 spaces, whichever is less, may be provided as surface parking for short term, visitor, or accessible parking. For non residential uses, up to fifty percent (50%) of required parking spaces may be located on another parcel of privately owned land within 400 metres of the subject parcel, subject to the following conditions: City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 99 DEVELOPMENT 141 of 219 i) In no case shall any transfer under this regulation reduce or otherwise compromise the availability of required on-site parking spaces for the parcel to which the on-site parking requirement has been transferred; and, ii) The landowners of the parcel being developed and the parcel, to which the parking is being transferred, shall enter into an agreement with the City under Section 219 of the Land Title Act, registered in priority over any other charges, restricting the use of the necessary portion of the parcel to which the parking is being transferred, to "parking." c) On street parking is not permitted in this sub-zone. a) The maximum number of equivalent units permitted on 7. DENSITY all parcels within the AVC-4 sub-zone is 163. b) Retail sales shall not exceed a total gross floor area of 186 square metres per commercial unit within the AVC-4 sub zone. c) Total Commercial use in the AVC-4 sub-zone is limited to 836 square metres. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 100 DEVELOPMENT 142 of 219 10.1.7 CD-1- Mountain Activity Area- MA-l The following uses and no others shall be permitted in the 1. PERMITTED USES MA-l sub-zone of the CD-1 zone: a) Cross-country and downhill ski trails; b) Eating and drinking establishments; c) Ski lifts and towers; d) Skier Services Buildings; and e) Accessory uses, Buildings and Structures. Buildings and Structures within the MA-l sub-zone must have 2. REGULATIONS their own self-contained liquid waste disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not be permitted. No Building or Structures shall be located within 5 metres of 3. SETBACKS any lot line. 4. HEIGHT The maximum Height is 15 m for Principal Buildings and 6.0 m for Accessory Buildings. Section 11 (Parking regulations) does not apply to the 5. PARKING permitted uses in this sub-zone. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 101 DEVELOPMENT 143 of 219 10.1.8 CD-1- Open Space- OS-1 The following uses and no others shall be permitted in the 1. PERMITTED USES OS-1 sub-zone of the CD-1 zone: a) Natural Open Space; b) Open Space; c) Park; d) Accessory Buildings and Structures. 1. These areas are not intended for development beyond 2. REGULATIONS Accessory Buildings or Structures required to support the use and maintenance of Natural Open Space. 2. Buildings and Structures within the OS-1 sub-zone must have their own self-contained liquid waste disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not be permitted. 3. HEIGHT The maximum Height is 4.5 m for Accessory Buildings and Structures. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 102 DEVELOPMENT 144 of 219 10.1.9 CD-1- Resort Parking- RP-1 The following uses and no others shall be permitted in the RP- 1. PERMITIED USES 1 sub-zone of the CD-1 zone: a) Parking; b) Skier Services; c) One Family Detached Dwelling; d) Accessory Buildings and uses; a) Buildings and Structures within the RP-1 sub-zone must 2. REGULATIONS have their own self-contained liquid waste disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not be permitted. b) Not more than one One Family Detached Dwelling shall be located on a parcel in the RP-1 sub zone. c) A landscape buffer at least 10 metres in width shall be maintained around the parking lot located east of Highway3B. 3. HEIGHT The maximum Height is 10 m for Principal Buildings and 4.5 m for Accessory Buildings. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 103 DEVELOPMENT 145 of 219 10.1.10 CD-1- Resort Light Industrial- Rl-1 1. PERMITTED USES The following uses and no others shall be permitted in the Rl- 1 sub zone of the CD-1 zone: a) Equipment maintenance; b) Storage facilities; c) Accessory Buildings and Structures. a) Buildings and Structures within the Rl-1 sub-zone must 2. REGULATIONS have their own self-contained liquid waste disposal system or be connected to the City Sewer System; any self-contained liquid waste disposal system must be approved by the Interior Health Authority. Ground disposal of liquid waste will not be permitted. b) A landscape buffer at least 10 metres in width shall be maintained around the storage facilities. The minimum parcel area is 950 square metres. 3. PARCEL AREA No Buildings or Structures shall be located within 7.5 metres 4. SETBACKS of any lot line. The maximum permitted height for all Buildings and 5. HEIGHT Structures shall be 12 metres. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 104 DEVELOPMENT 146 of 219 10.2 COMPREHENSIVE DEVELOPMENT CD-2 1. INTENT The purpose of this zone is to provide for the development of a variety of land uses integrated into a planned resort village. The Comprehensive Development Two Zone is divided into two (2) separate sub-Zones. Each sub-zone in the Comprehensive Development Two Zone has regulations pertaining to the sub-zone. Gateway Residential!- GW-1 2. SUBZONES Gateway Residential 2 - GW-2 The general regulations shall be applicable to all sub Zones 3. REGULATIONS contained within this CD-2 Zone. a) Permitted Uses of Land, Buildings and Structures in all Sub Zones. Except as otherwise stated in this Bylaw, the following uses are permitted in all Zones; i) Highways; ii) Temporary Buildings and Structures, for non domicile use, required for an approved construction project on the same parcel provided that the temporary Buildings and Structures are removed within thirty days of completion of the approved construction; iii) Storage of materials required for an approved construction pr:oject on the same.pan:ei-Or adjoining parcel provided that the materials are removed within thirty days of completion of the approved construction; iv) Trails and lifts; and v) Office Buildings. b) The heights of Buildings and Structures may be exceeded for monuments, chimney stacks, flagpoles and lighting poles or any non-habitable design feature. c) The maximum number of equivalent units permitted on all parcels within the CD-2 Zone is 170 as shown on Diagram 10.2 the map entitled "CD-2 Zone Equivalent Units". City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 105 DEVElOPMENT 147 of 219 Diagram 10.2 - CD-2 Zone Equivalent Units " CD-2 Zone Equivalent Units A 25 Equivalent Units City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 106 DEVELOPMENT 148 of 219 10.2.1 CD-2- Gateway Residential1- GW-1 The following uses and no others shall be permitted in the 1. PERMITTED USES GW-1 sub-zone of the CD-2 Zone: a) One Family Detached Dwelling; b) Two Family Detached Dwelling; c) Multiple Family Dwelling; d) Park and Playground; e) Public Assembly; f) Tourist accommodation Use; g) Recreation Facilities; h) Home Occupation; i) Bed and Breakfast; j) Accessory Buildings, Structures and uses. k) Secondary Suite 2. CONDITIONS OF USE a) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); c) A Bed and Breakfast Accommodation shall be permitted subject to the provisions of section 4.1.2 (e) d) Off Street Parking and loading requirements are subject to the provisions of Section 11. On a Parcel located in an area Zoned C0-2- GW1, no plan of 3. PARCEL SIZE subdivision shall be approved which contravenes the regulations set out below. For One Family Detached Dwelling: Min Max Min Parcel Parcel Building Area Area Width 275m2 750m2 4.5m For Two Family Detached Dwelling Use: City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Pa ge 107 DEVELOPMENT 149 of 219 Area Area Width 550m2 1,250 m2 4.5m For Multiple Family Dwelling Use: Min Parcel Area Max Parcel Area 2,400 m2 4. COVERAGE For One Family Detached Dwellings with a Parcel Area less than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% For One Family Detached Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% For Multiple Family Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 50% 60% 5. HEIGHT d) The maximum Height for Principal Buildings is 10m. e) The maximum Height is 15.0 for a Multiple Family Dwelling. f) The maximum Height is 4.5 m for Accessory Buildings. a) Density is limited to 25 equivalent units per hectare. 6. DENSITY City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 108 DEVELOPMENT 150 of 219 10.2.2 CD-2 - Gateway Residential 2 - GW-2 The following uses and no others shall be permitted in the 1. PERMITTED USES GW-2 sub-zone of the C0-2 Zone: a) Tourist Accommodation Use; b) Multiple Family Dwelling; c) Eating and Drinking Establishment within a tourist accommodation; d) Resort Commercial Use within a tourist accommodation; e) Personal service Use within a tourist accommodation; f) Recreation Facilities within a tourist accommodation; g) Accessory Buildings, Structures and uses. The minimum parcel area required in the GW-2 sub-zone is 2. PARCEL SIZE 1200 square meters. 3. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Side Exterior Side 4.0m 4.0m 3.0m 1.8m 4. PARCELCOVERAGE Max Surface Parcel Coverage 75% 5. HEIGHT The maximum Height is 18 m for Principal Buildings and 4.5 m for Accessory Buildings. a) Density is limited to 25 equivalent units per hectare. 6. DENSITY b) The maximum size of an Eating and Drinking Establishment, Resort retail sales, or Resort personal service operation is 200 square metres per commercial unit. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Pa ge 109 DEVELOPMENT 151 of 219 10.3 COMPREHENSIVE DEVELOPMENT CD-3 1. INTENT The purpose of this zone is to provide for the development of a variety of land uses integrated into a planned resort village. The Comprehensive Development Three Zone is divided into two (2) separate sub-Zones. Each sub-zone in the Comprehensive Development Three Zone has regulations pertaining to the sub-zone. Residential Fringe Area - RFA 2. SUBZONES Resort Rural Residential- RRR The general regulations shall be applicable to all sub Zones 3. REGULATIONS contained within this CD-3 Zone. a) Permitted Uses of Land, Buildings and Structures in all Sub Zones. Except as otherwise stated in this Bylaw, the following uses are permitted in all Zones; i) Highways; ii) Temporary Buildings and Structures, for non domicile use, required for an approved construction project on the same parcel provided that the temporary Buildings and Structures are removed within thirty days of completion of the approved construction; iii) Storage of materials required for an approved construction project on the same parcel or adjoining parcel provided that the materials are removed within thirty days of completion of the approved construction; iv) Trails and lifts; and v) Office Buildings. b) The heights of Buildings and Structures may be exceeded for monuments, chimney stacks, flagpoles and lighting poles or any non-habitable design feature. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 110 DEVELOPMENT 152 of 219 10.3.1 CD-3- Residential Fringe Area - RFA The following uses and no others shall be permitted in the 1. PERMITTED USES RFA sub-zone of the CD-3 Zone: a) One Family Detached Dwelling; b) Two Family Detached Dwelling; c) Multiple Family Dwelling; d) Tourist Accommodation Use; e) Natural Open Space; f) Playground and park; g) Accessory Buildings and Structures. h) Secondary Suite 2. CONDITIONS OF USE A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2 (b); On a Parcel located in an area Zoned CD-3 - RFA, no plan of 3. PARCEL SIZE subdivision shall be approved which contravenes the regulations set out below. For One Family Detached Dwelling: Min Max Min Parcel Parcel Building Area Area Width 275m2 750m2 4.5m For Two Family Detached Dwelling Use: Min Max Min Parcel Parcel Building Area Area Width 550m2 1,250 m2 4.5m For Multiple Family Dwelling Use: Min Parcel Area Max Parcel Area 2,400 m2 4. COVERAGE For One Family Detached Dwellings with a Parcel Area less than 550 square meters: City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 111 DEVELOPMENT 153 of 219 Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% For One Family Detached Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% For Multiple Family Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 50% 60% a) Excepting approved cluster development, density is 5. DENSITY limited to 16 equivalent units per gross hectare in this sub-zone. b) Density can increase to a maximum of 30 equivalent units per net hectare for cluster development, as the land conditions permit or through provision of additional open space. c) The maximum number of equivalent units permitted on all parcels within the RFA sub zone is 44. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 112 DEVELOPMENT 154 of 219 10.3.2 CD-3- Resort Rural Residential- RRR The following uses and no others shall be permitted in the 1. PERMITIED USES Resort Rural Residential zone: a) One Family Detached Dwelling; b) Two Family Detached Dwelling; c) Multiple Family Dwelling d) Secondary suite e) Home occupation; f) Accessory buildings and uses g) Bed and Breakfast h) Tourist Accommodation 2. CONDITIONS OF USE a) A Secondary Suite shall be permitted subject to the provisions of section 4.1.2 (b); b) An Home Occupation shall be permitted subject to the provisions of section 4.1.2 (d); c) A Bed and Breakfast Accommodation shall be permitted subject to the provisions of section 4.1.2 (e) a) On .a ParceJ located in an area Zoned RRR, no plan of 3. PARCEL SIZE subdivision shall be approved which contravenes the regulations set out below. Min Parcel Area Max Parcel Area Min Building Width 0.2 ha 0.4ha 4.5m b) Notwithstanding the minimum parcel area above, where topography makes possible, cluster development involving a minimum of 6 lots (any combination of One or Two Family Detached Dwellings) is permitted with the following regulations: City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 113 DEVELOPMENT 155 of 219 i) For One Family Detached Dwelling Use: Min Parcel Area Max Parcel Area Min Building Width 275m2 2,000 m2 4.5m ii) For Two Family Detached Dwelling Use: Min Parcel Area Max Parcel Area Min Building Width 550m2 2,000 m2 4.5m 4. SETBACKS a) The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Side Exterior Side 4.0m 3.0m 4.0m 3.0m b) 30 metres from a Provincial highway right-of-way boundary line. c) 30 metres from Topping Creek. d) Notwithstanding the setbacks above, where topography makes possible, cluster development involving a minimum of 6 lots (any combination of One or Two Family Detached Dwellings) is permitted with the following setbacks: Front Rear Interior Side Exterior Side 4.0m 2.0m 1.8m 3.0m 2 4. COVERAGE a) The maximum building parcel coverage is 350m • b) Notwithstanding the coverage above, where topography makes possible, cluster development involving a minimum of 6 lots (any combination of One or Two Family Detached Dwellings) is permitted with the following coverage: i) For One Family Detached Dwellings with a Parcel Area equal to or greater than 550 square meters: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% ii) For Two Family Detached Dwellings and One Family Detached Dwellings with a Parcel Area smaller than 550 sq meters: City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 114 DEVELOPMENT 156 of 219 Max Building Parcel Max Surface Parcel Coverage Coverage 40% 45% c) For Multiple Family Dwellings the maximum Building 2 Parcel Coverage is the lesser of 24% or 500 m · The maximum Surface Parcel Coverage is the lesser of 30% or 2 600m • 5. HEIGHT a) For One Family and Two Family Detached Dwellings the maximum Height is 10 m for Principal Buildings. b) For Multiple Family Dwellings the maximum Height is 12 m for Principal Buildings. c) The maximum Height is 4.5 m for Accessory Buildings. Total equivalent units permitted in the RRR Zone are 6. DENSITY separated into specific areas as shown on Diagram 10.3.2 below, the map entitled "RRR Subzone Equivalent Units". City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 115 DEVELOPMENT 157 of 219 Diagram 10.3.2- RRR Subzone Equivalent Units City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 116 DEVELOPMENT 158 of 219 10.4 COMPREHENSIVE DEVELOPMENT CD-4- Multiple Family/Limited Commercial 1. INTENT The purpose of this zone is to provide for the development of multiple family dwellings and limited Commercial space in the old hospital building at 1961 Georgia St. a) Clinic subject to section 3 below; 2. PERMITTED USES b) Office subject to section 3 below; c) Personal Service Establishment subject to section 3 below; d) Multiple Family Dwelling subject to section 4 below; e) Ambulance Services; f) Parking area; g) Accessory Buildings 1. Commercial uses are permitted on the first and second 3. REGULATIONS floor only. 2. In this zone, Office use is limited to Medical/Professional Services, which means the provision of services by an individual who is registered or duly licensed as such to practice under the provisions of the authority of - .appropriate-jurisdiction. Without restricting the generality of the above, this includes but is not limited to the following: i. Doctors and Dentists; ii. Chiropractors; iii. Physiotherapists; iv. Other health professionals; v. Lawyers; vi. Accountants; vii. Engineers; viii. Architects. 3. Where parking areas are adjacent to other parcels, a landscape buffer must be provided to screen parking City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 117 DEVELOPMENT 159 of 219 areas. The minimum setback from parcel lines immediately adjacent 4. SETBACKS to R-zones is 1.5 m. The maximum Building parcel coverage is 55%. 5. COVERAGE The maximum height is 15.0 metres for principal Buildings 6. HEIGHT and 5.0 metres for Accessory Buildings. Multiple Family Dwellings are permitted in the CD-4 zone, 7. DENSITY provided that the multiple family dwelling(s) have a maximum density of 46 units per net hectare. City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 118 DEVELOPMENT 160 of 219 10.5 COMPREHENSIVE DEVELOPMENT CD-S- Mixed One and Two Family Dwellings 1. INTENT The purpose of this zone is to provide for the development of one and two family dwellings on a large parcel located on Spokane St to the south of the City Centre. a) One Family Detached Dwellings; 2. PERMITTED USES b) Two Family Detached Dwellings; c) Home occupation; d) Accessory Buildings and uses. An Home Occupation shall be permitted subject to the 3. REGULATIONS provisions of section 4.1.2 (d). For One Family Detached Dwelling Use: 4. COVERAGE Min Parcel Area Min Parcel Min Building Frontage Width 550m2 18m 4.5 m ii) For Two Family Detached Dwelling Use: Min Parcel Area Min Parcel Min Building Frontage Width 800m2 18m 4.5m 5. SETBACKS The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Side Exterior Side 7.0m 7.0m 1.8m 3.0m 6. COVERAGE i) One Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 35% 45% ii) For Two Family Detached Dwellings: Max Building Parcel Max Surface Parcel Coverage Coverage 40% 50% City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 119 DEVELOPMENT 161 of 219 The maximum height is 10.0 metres for principal Buildings 7. HEIGHT and 4.5 metres for Accessory Buildings. a) Up to a maximum of five One Family Detached Dwellings; 8. DENSITY b) Up to a maximum of three Two Family Detached Dwellings; City of Rossland Zoning Bylaw I COMPREHENSIVE Section 10 I Page 120 DEVELOPMENT 162 of 219 OFF STREET PARKING AND LOADING SECTION 11 11.0 OFFSTREET PARKING AND LOADING 11.1 Application of Regulations Space for the off-street parking and loading of motor vehicles in respect of a use permitted under this Bylaw shall be provided and maintained in accordance with the regulations of this section. 11.2 Exemptions from Parking and Loading Requirements The regulations contained in this section shall not apply with respect to land, a Building or a Structure existing at the date of adoption of this Bylaw, so long as the land, Building or Structure continues to be put to a use that does not require more parking or loading spaces than were required for the use existing at the date of adoption of this Bylaw. 11.3 Calculating the Number of Required Parking and Loading Spaces The number of required parking and loading spaces shall be calculated as follows: 1. The number of off-street parking spaces required for a use, Building or Structure shall be calculated according to the Off-street Parking Table 11.1 of this section. Diagram 11.1 I Required Off-street Parking Spaces COLUMN I COLUMN II ClASS OF BUILDING -- REQUIRED NUMBER OF PARKING SPACES RESIDENTIAL DWELLINGS One and Two Family Detached Dwellings 2 per principal dwelling unit 1 per principal dwelling unit if each principal dwelling unit has a net floor area less than 70 sq. m. One Family Detached with Secondary Suite or Detached 2 per principal dwelling unit, plus 1 per Secondary Suite Accessory dwelling unit 1 per principal dwelling unit if principal dwelling unit has a net floor area less than 70 sq. m Multiple Conversion dwelling 2 per principal dwelling unit 1 per principal dwelling unit if each principal dwelling unit has a net floor area less than 70 sq. m. Guest House 1 per sleeping unit City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 121 AND LOADING 163 of 219 Mobile Home 1 per dwelling unit Multiple Family Dwellings including Apartment a) 1.0 off-street parking stall per dwelling unit Dwellings, Apartment Dwellings in Conjunction with a with one or two sleeping units; Commercial Use and Townhouse Dwellings b) 1.5 off-street parking stalls per dwelling unit with three sleeping units; c) 2.0 off-street parking stalls per dwelling unit with 4 or more sleeping units; plus 0.2 per dwelling unit for visitor parking Bed & Breakfast 2 per dwelling unit plus 1 per sleeping unit 1 per principal dwelling unit if each principal dwelling unit has a net floor area less than 70 sq. m. COMMERCIAL Art Studio 2.0 per 100 sq. m. GFA Automotive or vehicle sales 2.0 per 100 sq. m. GFA Automotive or vehicle repair 2 per service bay Broadcasting Studios 2.5 per 100 sq. m. GFA Building and garden supply 1 per 37 sq. m. of commercial floor area Financial Institutions 2.5 per 100 sq. m. GFA Funeral Home 1 per 5 seats General Office 2.5 per 100 sq. m. GFA Golf Course 3 per hole Hotel 1 per 2 guest rooms Motel 1 per guest room Medical and Dental Clinics 1 per 50 sq. m. of gross floor area Neighbourhood Oriented Store 2 per 100 sq. m. of retail floor area Nurseries, Greenhouses 1 per 30 sq. m. Personal Service Establishments 1 per 45 sq. m. of gross floor area Restaurants, Cafes, Public Houses, Clubs or Lodges 1 per6 seats Retail Stores GFA less than 1000 sq. m. 2.0 per 100 sq. m. GFA GFA 1000 sq. m. to 2000 sq. m. 2.3 per 100 sq. m. GFA GFA 2000 sq. m. to 20,000 sq. m. 2.4 per 100 sq m. GFA GFA greater then 20,000 sq. m 2.5 per 100 sq. m. GFA Service stations, vehicle washes 1 per 2 employees on duty, plus 1 per service bay, plus additional required spaces for other associated uses (e.g. retail) City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 122 AND LOADING 164 of 219 Ski Resort 1 per 4 units of Comfortable Carrying Capacity (As determined by the Canadian Alpine Ski Policy Guidelines.) Theatres 1 per4 seats Unspecified Commercial Uses 1 per 30 sq. m of gross floor area INDUSTRIAL All light industrial uses on all parcels 1 per SO sq. m. of gross floor area PUBLIC AND INSTITUTIONAL Community Halls and Churches 1 per 3 seats Daycare 1 per employee on duty School 1 per classroom Hospital 1 per employee per shift plus 1 per 5 beds Intermediate Care Facility 1 per 2 employees plus 1 per 3 beds Libraries, Civic and Public Service Buildings 1 per 90 sq. m. Nursing and Extended Care Homes 1 per employee on shift Recreation Facility 1 per 45 sq. m. gross floor area plus 1 per 10 seats Stadium or Arena 1 per4 seats Unspecified Institutional 1 per 50 sq. m of gross floor area 2. Where the calculation of the required off-street parking spaces results in a fraction, the required number of stalls shall be rounded down to the next full number. 3. Where seating is the basis for determining the number of off-street parking spaces and seating consists of benches, pews, booths or similar seating arrangements, each 0.5 m of width of such seating shall be deemed to be one seat. 4. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the various uses computed separately. 5. Not withstanding 11.13 (4), cumulative parking requirements for mixed use occupancies may be reduced where it can be determined that the peak requirements of the occupancies occur at different and not conflicting times, subject to the following conditions: The applicant shall submit a parking demand summary sheet identifying the greatest shared parking demand for all uses by using the demand calculations providing in Table 11.2 Parking Occupancy Rates. The calculations shall be completed as follows: a) The minimum number of parking spaces to be provided for each use shall be determined by using Table 11.1 Required Off-street Parking Spaces. City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 123 AND LOADING 165 of 219 b) The minimum number of parking spaces for each use shall be multiplied by the "occupancy rate" for each weekday and weekend time period. c) For each time period, determine the combined total number of parking spaces required for all uses. d) Identify the greatest minimum number of parking spaces required amongst the various time periods to establish the period of greatest shared demand e) Once the greatest shared parking demand for all weekday and weekend time periods is determined, Council will take into account the following factors in consideration of any reduction in parking requirements: 1) Distance between sharing uses and the parking facility; 2) Pedestrian connections among sharing uses and the parking facility; 3) Vehicular connections; 4) Whether parking will be paid; 5) location and proximity to the town centre area; 6) General surrounding development density; 7) Proximity to transit corridors or stations; 8) Special trip reduction programs, such as vanpooling, transit, shuttle or telecommuting; 9) Need for any reserved parking spaces. Table 11.21 Parking Occupancy Rates Uses M-F M-F M-F Sat. &Sun. Sat. & Sun. Sat. & Sun. 8am-5pm 6pm-12am 12am-6am 8am-5pm 6pm-12am 12am-6am Residential 60% 100% 100% 80% 100% 100% Office/ Warehouse/Industrial 100% 20% 5% 5% 5% 5% Commercial 90% 80% 5% 100% 70% 5% Hotel 70% 100% 100% 70% 100% 100% Restaurant 70% 100% 10% 70% 100% 20% Movie Theatre 40% 80% 10% 80% 100% 10% Entertainment 40% 100% 10% 80% 100% 50% Conference/Convention 100% 100% 5% 100% 100% 5% Institutional (non-church) 100% 20% 5% 10% 10% 5% Institutional (church) 10% 5% 5% 100% 50% 5% Note: This table defines the percent of the basic minimum needed during each time period for shared parking. (M-F = Monday to Friday); Source: vrPt200B City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 124 AND LOADING 166 of 219 f) The number of on-street parking stalls adjacent to land, a Building or a Structure in the Cl zone shall be credited against the number of required off-street parking spaces. g) Developments may not exceed minimum parking requirements beyond a maximum of 20%. 11.4 Access and Circulation a) Each off-street parking or loading space shall be accessible by vehicle from a highway. b) Where more than 10 off-street parking and loading spaces are provided, access to these spaces from an aisle which intersects with a highway shall be provided. c) Where more than 30 off-street parking spaces are provided, access to these spaces from an aisle that intersects with a highway at least at two points shall be provided. d) Access driveways shall: 1) Have a maximum permitted width at the point of access of 4.0 m 2) Not exceed a 20% grade. 3) Be limited to one for parcels with a frontage of 20m or less. 4) Wherever possible, be shared where adjoining access driveways occur on adjacent parcels. 11.5 Payment of Money in Lieu of Parking Spaces a) With the exception of parcels, Buildings or a Structures located in an residential zone, payment of money instead of providing required off-street parking spaces may be made, at the option of the owner or occupier of the land, Building or Structure, to the City of Rossland when the City of Rossland determines compliance otherwise with these regulations would be undesirable or impractical. b) Where payment of money instead of providing required off-street parking spaces is made it shall be in the amount of $3,000.00 per off-street parking space, subject to annual review, which amount shall be placed in the City's parking facilities reserve fund. 11.6 Surfacing of Off-Street Parking and Loading Spaces 1) Except for areas of adverse soil conditions as determined by the Building Inspector, 40% of the total parking area required by this bylaw shall be permeable or semi permeable surface. a) The installation of permeable surfaces shall: 1) Follow manufacturer specifications for minimum and maximum slopes. City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 125 AND LOADING 167 of 219 2) Include the construction of a sub-grade to allow adequate drainage and prevent frost heave. 3) Ensure drainage shall not directly discharge onto neighbouring lands. 4) Include the installation of perforated sub-drains below permeable surfaces, as required, to store, filter or convey water to additional stormwater facilities. s) If permeable surfaces are planned for use along driveways leading to public streets or other heavily traveled routes, the surface material and base course must be selected, designed and certified to withstand the anticipated traffic loading stresses and maintenance impacts. b) Landscaped islands, containing trees, shall be provided every 4 (four) vehicle surface spaces within a surface parking area. 11.7 Dimension of Parking Spaces a) In Zones other than R Zones, each off-street parking space and parking lot shall be provided in accordance with the following minimum specifications: Diagram 11.3 I Specifications for Parking Stalls and Structures Parking Angle 90° 75° 600 45° Parallel Stall Width 2.9m 2.9m 2.9m 2.9m 2.9m Stall Length S.Sm S.Sm S.Sm S.Sm 6.5m Aisle Width 6.0m 6.0m S.Om 4.0m S.Om Access Driveway Width 4.0m 4.0m 4.0m 4.0m 4.0m b) In R-zones the minimum parking space shall be 3.0m wide by S.Om long City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 126 AND LOADING 168 of 219 1\" 0 l'.tr1.illtJ.&ftP C!J ~II"'*' -i (!) l'utl'-" i @® ·-~--"-·...... i'L '-""mil"~ ______.______ ------PROPERTY t.INR EDGE OFTRAVEI.t.RI> PORTION OF THE STREF.T 11.8 Location of Parking Spaces a) In all residential Zones, required off-street parking spaces shall be provided and maintained on the same land as the use, Building or Structure they serve. b) In Zones other than residential Zones, off-street parking spaces may be located on a site not more than 70 metres from the site on which the use, Building or Structure is located, provided that the owner enters into a restrictive covenant, approved by City Council and registered on title, providing the use of the site for parking in conjunction with the site on which the use, Building or Structure is located. 11.9 Parking for Visitors of Multi-Family and Mixed Use Dwellings a) Visitor parking shall be identified by a sign with the words "VISITOR PARKING", and shall be at a location that is safe, convenient and easily found. b) Pedestrian access to visitor parking areas and from the visitor parking area to the main lobby or an individual residential unit shall be adequately identified with signage that is clear in its directions to the visitor. 11.10 Parking for Disabled Persons a) Parking for the use of disabled persons shall be provided in the compliance with the requirements of the British Columbia Building Code and successor codes or, in the event such requirements do not apply, where more than 20 parking stalls are required every off-street parking facility shall provide 1% of the required stalls, with a minimum of 1 stall, for the use of disabled persons. Each such stall shall: 1) be at least 4.0 m in width and at least 6.0 m in length; City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 127 AND LOADING 169 of 219 2) be located as close as possible to a main disabled-accessible Building entrance; 3) be clearly identified for the exclusive use of disabled persons. 11.11 Snow Removal For parcels containing 4 or more parking spaces, the following regulations shall apply: a) If the parking area is required to be used in the winter an additional area equal to 20% of the required parking area shall be provided for snow storage on-site. Specific areas to be cleared shall include the full dimensions of roadways, walkways, and parking areas and aisles. b) Areas required for snow storage may not be counted towards parking requirements. c) A SO% reduction in the required snow storage area shall be permitted if an adequate snow melt system is constructed for any parking area. d) A 70% reduction in the required snow storage area shall be permitted if solar technology is used for the snow melt system constructed for any parking area. e) These snow storage and melt elements shall be designed so that snow is not stored in a manner where, when melting, it directly discharges into riparian areas or other public drainage ways or in any way harms the quality of the City's water. Snow shall not be placed in any creek or other public drainage ways within the City. f) Provide snow storage areas away from public streets and other areas where motorist and pedestrian sight lines are essential. g) Sod areas, portions of landscaped areas, bio-retention areas and overflow parking areas may be identified for snow storage with any plant material selected accordingly. h) Permeable surfaces are encouraged for use in snow storage areas. i) The owner or occupier of the site shall, at its cost, make arrangements to remove the snow from the parking area to a location acceptable to the City of Rossland in a timely manner and no later than 24 hours after a snowfall. j) Snow storage is only permitted on public rights-of-way subject to the approval of the Director of Public Works and where the distance from the edge of the paved and municipally-maintained roadway to the front or side property line is in excess of 4m. 11.12 Other Regulations a) Where a dwelling unit or units are located in a non-residential zone in conjunction with a non-residential use, on-site parking must located in such a way as not to impair access to the premises for the non-residential use. b) No on-street parking is permitted within the Red Mountain Resort Village Area. City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 128 AND LOADING 170 of 219 11.13 Driveway a) In a residential zone, off-street parking shall have access from a street or lane. The driveway shall have a minimum width of 2.4 m but not to exceed 4.0 m and shall be graded and surfaced pursuant to the surfacing requirements for parking stated in section 11. 11.14 Loading Space Area a) No use may be undertaken in any zone unless the off-street loading requirements in this Bylaw have been met for that use. b) The number of off-street loading spaces required for any use is calculated according to Table 11.3 of this Bylaw: Diagram 11.3 I Required Off-Street Loading Spaces COLUMN I COLUMN II Retail store, Manufacturing, Fabricating, Processing, Warehousing, and Wholesaling Establishment (i) less than 300 sq. m. in floor area 0 (ii) 300 to 465 sq. m. in floor area 1 (iii) 465 to 2,300 sq. m. in floor area 2 (iv) greater than 2,300 sq. m. in floor area 3 c) In cases of mixed use, required loading spaces for one use shall not be considered as required loading spaces for any other use, unless it can be determined that the peak loading requirements of the various uses occur at different and not conflicting times, subject to the terms and conditions set out in Section 11. d} Off-street parking spaces shall not be credited as off-street loading spaces. e) Each off-street loading space shall be not less than 7.Sm in length, 3.0 min width and shall provide no less than 4.0 m of vertical clearance. In no case shall the length of a loading space be such that a vehicle in the process of loading or unloading shall extend into any highway. f) Off-street loading facilities shall be located on the same site as the use, Building or Structure served, but not within the required front or side setback or closer than 7.5 m to the nearest intersection of any two highways. g) Each off-street loading space shall have vehicular access to a highway. h) Off-street loading space surfaces shall be subject to Section 11. i) Where illumination of off-street loading areas is provided, lighting fixtures shall be located, arranged and shielded so that no direct rays of light are oriented upwards or shine beyond the boundaries of the Parcel. City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 129 AND LOADING 171 of 219 j) Off-street loading spaces shall be sited at an elevation convenient to a floor level used for loading purposes in the Building. k) Off-street loading spaces existing on the adoption date of this Bylaw shall not be reduced below the applicable requirements for off-street loading in this Bylaw. 11.15 Storage of Vehicles and Materials a) No commercial vehicle; disassembled or wrecked vehicle; trailer; recreational trailer or vehicle; construction or heavy equipment of any kind or any Building material shall be parked or stored in an R zone or CD zone except as follows: 1) one commercial vehicle not exceeding 4,000 kg Gross Vehicle Weight (GVW) or manufacturer's rated capacity of one (1) tonne; 2) one recreational vehicle or trailer per unit; 3) commercial vehicles or equipment required for the construction, repair, servicing or maintenance of the premises during regular working hours; 4) Building materials when the owner, lessee or occupier of the premises is in possession of a valid Building permit, provided that the materials stored are in connection with the construction or development of the Building pursuant to the Building permit. b) No site in a zone other than an industrial zone shall be used for: 1) the storage of junk or for the wrecking of a motor vehicle; 2) the storage of a motor vehicle which has been without a license under the Motor Vehicle Act for a period of more t_!'lan one year and is not housed in a garage or carport, and which is intended to be self-propelled but is not capable of moving under its own power. 11.16 Bicycle Parking a) For a parcel in a multi-family residential zone or a commercial Zones containing three or more residential dwelling units, bicycle parking facilities shall be provided capable of accommodating the parking of that number of bicycles determined on the following basis: 2 bicycle parking spaces per unit; b) Where bicycle parking is required, at least 50% of the bicycle parking spaces provided shall be located in a weather-protected area close to the main entrance of the Building for which the bicycle spaces are intended. c) Payment of money instead of providing the required bicycle parking spaces may be made, at the option of the owner or occupier of the parcel, Building City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 130 AND LOADING 172 of 219 or Structure, to the City of Rossland when the City of Rossland determines compliance otherwise with these regulations would be undesirable or impractical. d) Where payment of money instead of providing the required bicycling parking space is made it shall be in the amount of $125 per bicycle space, which amount shall be placed in the City's parking facilities reserve fund. City of Rossland Zoning Bylaw I OFF STREET PARKING Section 111 Page 131 AND LOADING 173 of 219 THE CORPORATION OF THE CITY OF ROSSLAND Council Information Summary Date: September 30, 2011 Agenda: October 11, 2011 Proposal: To Receive the Items Summarized for Information Proposed by: Staff Staff Recommendation: 1. General recommended motion: THAT information items numbered 18(a) to 18(d) be received and acted upon as recommended. 2. Alternative motion if an item needs further consideration: THAT information items numbered 18(a) to 18(d), except for items numbered-----be received and acted upon as recommended. BECOIIIJIIIJENPAI!ON .I.I.I:M SLIEIJ!;kl llllall!;B 18(a) Heritage Commission r inutes ofMeeting of August 29,2011 iReceive and File 18(b) lfourism Rossland !Aug 10, 32011 Meeting Minutes and Receive and File copy of Annual report for year ending March 31,2011 18(c) City of Rossland Building !August 1-31,2011 Receive and File Permit and Development Permit Report 18(d) Design Review Panel Minutes of Meeting Sept 20, 2011. jReceive and approve !recommendations within. 174 of 219 THE CORPORATION OF THE CITY OF ROSSLAND HERITAGE COMMISSION MINUTES Regular Meeting of August 29, 2011 City Hall- Council Chambers Present: J. Drysdale V. Profili K. Gresley-Jones G. Granstrom S. Ughtbourne, Recording Secretary 1. Call to Order: The meeting was called to order at 9:03 pm 2. Agenda: Motion to adopt the agenda. Moved by V. Profili/Seconded by K. Gresley-Jones 3. Minutes: MOTION Moved by V. Profili /Seconded by K. Gresley-Jones THAT the minutes for the Heritage Commission meeting held August 9, 2011, be adopted. CARRIED 4. Old Business 5. New Business I. Louie Joe Trail- Sign has been designed and Interior Signs will make the sign when the support structure is decided upon. l. Doell is working with John Lake from XEL Welding on the support structure. II. Trail Creek Valley sign age- Sign should be around 9ft by 28". Should feature the transportation corridors to the Rossland mines (Wagon Rd, Railgrade, Dewdney Trail). Information to be given to Interior Signs to develop sign. Ill. Heritage Building Signs- Chick will double check on which buildings on the Heritage Register have signs. Commission to consider adding to historic building signage next year through another Community Initiative grant sponsored by Tourism Rossland. Commission to review the Register to discuss potential changes at its next meeting before final decisions are made on signage efforts in 2012. IV. Golden City Days- Columbia Cemetery Restoration work to be featured at Golden City Days. Discussion occurred around organization for the event. 6. Member Reports/Queries: G:\CITY FILING SYSTEM\3370.30 • Herltap Commission\2011\MinuteMus29_11_Minutee8J 175 of 219 2 8. Next Meeting: EARLY OCTOBER 9. Adjournment: 9:45am G:\CnY FlUNG SVSTEM\337D.30- Heritage Commls!lon\2011 \Minutes\Aug29_11_Minut&S$Cbf 48 176 of 219 TOURISM ROSSLAND Meeting Minutes Redstone Golf Course Clubhouse, Wednesday, Aug lOth, 2011 Attendees: Deanne Steven, Jennifer Gilhula, Avtar Powar, Jodie 0, Keiran Gaul, cary Fisher, Chris Bowman, Don Thompson, Anthony Bell, laura Petitt, Kathy Moore, and libby Martin Asenda Items: 1. Jenn called meeting to order at 1:05pm 2. Adoption of Agenda- moved by Cary, 2"d by Anthony -passed 3. Adoption of Minutes- moved by libby, 2nd by Laura- passed 4. Presentation of Executive Report- Executive Director, Deanne Steven: • Deanne still thinks January's low figures are in error but Province claims they are correct. • Crankworks event in Whistler, biggest event of the year there. Nina passed out 200 maps. Cost to TR was $200 for Nina. Good value for money- terrific exposure. • Deanne met with Kootenay lake DMO and Queen City concerning 4 shuttles per week from Nelson-Rossland-Spokane. Break even is 4 passengers. Queen City will run shuttle provided we agree to pay difference between actual passengers and 4 passenger break even point. Need to have Nelson on board. Nelson has concerns about funding. TR will use RMI funding. Nelson needs to get buy-in from Whitewater and cat-ski operators. Cost will be $Sk to Rossland, $5k to Nelson. Still under discussion. • Sales of the Arts Heritage package with GFF, Museum and Steamshovel has been very slow. Issue appears to be that Steamshovel cannot accommodate kids. Package has strong appeal to families. Will review at end of season and adjust. • AHRT- has been submitted to-Province with a co~yto- the. city. Province advises. that this process will take time but should be completed by January (unless an election is called then all bets are off.) • BC Mountain Bike Economic Impact Survey with TBC- no cost to TR. User contact has been low due to weather. August is looking better, more riders on trails but worry that there may not be sufficient response to produce statistically significant results. Surveyors will be working the 7 Summits Poker run; should get lots of responses at that event. • Seniors' Games- Ross land is about 80% booked for the event. Will be a busy week. • Western Canadian Seniors Baseball tournament at end of August- put together accommodation packages for organizers. Sent to accommodators with sufficient capacity to handle teams. Team rosters may be up to 20 people. • Ski shows: Toronto, Vancouver, Calgary, and others. Deanne will attend Toronto and Vancouver. Trying to maximize investment. Will book some ofthe Warren Miller shows too. Working closely with Red on these. Accommodator's packages are completed. Will share contact/prospect list generated from shows with participating accommodators. • Jenn and Deanne took a trip to Spokane to deliver bike map (and beer) to eight appropriate businesses. Made contact with REI (no beer accepted) and will participate in Sept 10th big bike event and Nov 12th winter event (Red will most likely be involved) 104 of 135 177 of 219 • TR annual report will be completed by August 26th. • Deanne has accepted a part-time position this winter with Selkirk College teaching on Tuesday afternoons. Her salary will reflect the reduced hours. • Welcome to Lifestyle Properties. They join the accommodators group (bringing the total to nine.) 5. Financial Review • If trend continues, revenues will be decreased by 10% for the year. But August should be really good and will make up some losses. • Postage costs were higher than usual due to mass mailing for Golden Ticket promotion. • HR higher because two students working on Trails survey project are listed here. Should be under "projects'' but this presents a technical challenge. Deanne is working on it. • Motion to adopt the August flnancials moved by Libby seconded by Anthony passed • Audited Year end flnancials for 2010 will be approved at the AGM on Sept 14th, 6. Resort Municipality Initiative report a. Submitted to city but pulled back so board could consider Hanne Smith's comments. Consensus was that report should be submitted without changes and that Deanne should respond to Hanne's concerns via email. (copying the board). This report and plan needs to be reviewed every year and revised. It is fine the way it was written- it is a living document, b. Discussion about the addition of the gazebo- Laura indicated it is meant to be a small thing; not something to detract from existing facilities such as the gazebo at the museum, but something to provide an entertainment space downtown for buskers etc. c. locating the Visitor Center downtown is a bigger question that needs to be addressed. Some complications are involved with moving it from the museum but the city, TR, the museum need to have the discussion about this. 7. Executive director contract a. Basics: i. Deanne's contract extended for 10 months (Until June 2012). Some small mostly typographical changes need to be made. ii. Allows for some unpaid time off In the winter to accommodate new part time teaching position. b. Motion to approve contract by Laura, second by Don 8. Accommodator's meeting a. Held In July. b. Discussed Red Mtn's proposal. Had some concerns which were communicated to Eric. Deanne will follow up with Eric when he returns from holidays. Concerns 105 of 135 178 of 219 around black out dates, booking date of Dec 1 is good for holidays but accommodators would like it extended for longer, how to handle administratively with ease: Simple is the goal. c. Deanne has done some research with other DMOs and suggests that Red's offer looks attractive. Whitewater offers 10%, Kicking Horse gives 4% d. Need to have approval soon so can get packages publicized by Sept 1, 2011. 9. Whitewater package with Rossland: two options: a. For TR, DMO i. For $780 we can be listed on their website. Better option: trade a listing on our site for one on theirs. We both have something to offer. Deanne given authority to negotiate this deal. b. For accommodators- i. At $65 per room this is quite expensive. ii. Will let individual accommodators work this out independently with Whitewater. 10. carry over business: a. Letter of response to Val Ash to be circulated electronically to the Board prior to the next meeting. 11. Adjournment 1:52pm • Next meeting to be the AGM, Sept 14th, details to be announced. 106 of 135 179 of 219 TOtUII. ROSSLAND High Altitude, Great Attitude 108 of 135 180 of 219 Annual Report Tourism Rossland For year the ending March 31$t 2011 Executive Summary A strong year for accommodation revenue in 2010- our second best yet since we began tracking in 2006. Factors that may explain this are great snow and the shut down at Teck, several large ski races with Red Mountain Racers, Winter Carnival and Torch Relay, and the Haywood Noram Cross Country Ski Races. One change for this year Is that we changed our financial year end from June 31 11 to March 31 81 in order to allow us to better coordinate our budgeting process in association with some of our partners and government year's end. This means that for this year our financlals are based on only 9 months. Tourism Indicators Based on the Additional Hotel Room Tax statistics Rossland had an increase of 18% In accommodation revenue 2010 ($2,615, 721) over 2009 ($2,21 0,398.50). Or an increase of 9.5% over the average of the previous 5 years. Hotel Revenue 2010 & Average based on the AHRT Tax $450,000.00 $400,000:00 $350,000.00 ! $300,000.00 ~ ~ $250,000.00 - $200,000.00 I s1so,ooo.oo $100,000.00 - ZQl( $SO,OOO.IJO s- '"' ~"' t};s ~~ ~-~- ,.f'~ ..~ / ~"' /_ ~..; ~.J; 'i '<~ .,. ..,~ 0 ~0~· <:)til Month 109 of 135 181 of 219 Rossland Accommodation revenue $3,000,000.00 $2,500,000.00 $1,000,000.00 $- $20,000,000.00 $18,000,000.00 $16,000,000.00 $14,000,000.00 $12,000,000.00 $10,000,000.00 $8,000,000.00 $6,000,000.00 8 2008 $4,000,000.00 $2,000,000.00 . 2009 $- • 2010 This is In comparison to: • British Columbia had an 12.2C'k increase In revenue 2009-2010 • Kootenay Rockies a decrease of 2.9% • Golden decrease of 3% • Fernie Increase of 5% • Klmberely decrease of 11% • Revelstoke decrease of 1% • Rossland had an Increase of 18% 110 of 135 182 of 219 Nelson/Kooten 2010 Percentage of KR Business aylake, $7,277,000.00. 13% • Revelstoke • Golden • Fernie • Kimberley • Rossland • Nelson/Kootenay Lake The Rossland VIsitor Centre which is located at the Museum had a 37% decrease In visitors over the same period (2009·2010) while KR had a 1.1% decrease. Due to the ongoing closure of the Mine Tour the Visitor Centre has lost a lot of traffic. Red Mountain Resort Red Mountain had a strong year with growth overall. Several large race events assisted to bring additional revenue to both the mountain and surrounding businesses. Red Mountain Reson 2007/2008 2008/2009 2009/2010 201012011 total VIsits 2.000.4 -1.90% ·3.6% 6.6% Day-ticket visits 7.50% -1220% ·1.30.4 .6% Average visitors per -9.5% 7.5% day 9.10% 3.50% Redstone Resort (Not available at this time) Black Jack Ski Club (Statistics and Information Supplied by Black Jack Ski Club) Members: • 717 members this year • a 13% increase over last year, and a 43% increase In the last 3 years Day Paaa VIsitors: 111 of135 183 of 219 • The Club reports that they kept the after-tax day-pass price Identical to the last few years, meaning the club took a 7% hit this year due to the introduction of HST. Adding this 7% back in for comparative purposes, day pass revenue was 2% higher than the avg of the previous 3 years. Thus, similar total visitors as in previous years. • True day pass growth is masked by the 43% increase in membership (i.e. all the new season pass holders are no longer buying day passes). As a case in point, Rosslanders accounted for only 17% of day pass visits this season. Day Pass vtaltor Hometowns: The vast majority of visitors ski during the day when kiosk attendants are on duty, allowing them to capture hometown detals when they're purchasing their day pass (I.e. they write down their hometown when signing the waiver). Of these visitors, 6.1% either didn't write down their hometown or it was Illegible. Omitting this 6.1 %, here are aU the details: • Rossland: 17.1% • Elsewhere In BC: 44.0% o 1O.Oo/o Vancouver & area o 8.00-k Nelson o 4.3o/o Trail o 3.0% Ketowna o 3.00/o Castlegar o 2.8% Warfield o 2.4% Victoria o 1.7% Vernon o 1.3% Fruitvale o 7.6% Elsewhere in BC • Elsewhere In canada: 11.0% 0 3.3% Calgary o 3.2% ElseWhere in Alberta o 3.3% Ontario o 1.3% Elsewhere in Canada • USA: 25.9% o- 8.3% Spokane o 2.6% Colville o 2.2% Seattle o 2.6% Elsewhere in Washington o 1.4% Portland o 1.5% Elsewhere in Oregon o 1.4% California o 1.4%1daho o 4.3% Elsewhere in USA • Overseas: 2.1% 112 of 135 184 of 219 Tourism Rossland Marketing Indicators Graph of Unjgue web visijs: - zoos - 2009 - 2010 **Please note that our google analytlcs was not working for October and November of 201 o- so an average of the previous years was used for those months. Social Media This is also our second year of a concentrated Social Media campaign- and it il5.Q.Qil19 w~.!L By eogaging with people and providing them with interesting and timely Information we aim to entice more travellers. Additionally we monitor social media including many bike forums, ski forums and other sites. We try not to be too be too overtly "Tourism Rossland' and instead use the online persona of "Rosslander". Social Media is also quite attractive for us as a DMO as with our limited funding- it requires no additional project funding and can be done by the ED during normal working hours. Socl IMedl8 RliD Ort • Fac:ebook Likes Twitter Followers Tweets Youtube Channel UDioad views Tourism Rossland 2271 415 431 5197 Tourism Golden 821 226 63 0 Tourism Kimberely 103 197 25 0 Tourism 270 1027 968 511 Revelstoke Tourism Fernie 336 0 0 8,297 The web traffic sources (below) remain relatively unchanged from the previous year. 113 of135 185 of 219 direct, 6% 12% d.com Germany ------ 114 of135 186 of 219 Web visits by City 2010 St:Rl~Q rle Sydney • Kelowna • vancouver • calgary • Trail • Edmonton • Victoria • Kamloops • spokane The Web Visits by City continues to be interesting as it is indicative of the importance of the Kelowna market and of the importance of that area. It should however be kept in mind that it is possible that many locaiiP addresses (which designate where a visit comes from) may be showing as Kelowna due to hosting. Financlals *Important Note-We changed our financial year from the original July 1'1 to June 30111 to April1 81 to March 31 81 to better coincide with our funders. However this means that this years financial year was shorter from July 1'1 to March 31st.* Please see the full statements for more in-depth information. Income Julv 1st 2010 to March 31st 2011 • . Smlll !ommiSSIOn Income Summary (ln,.topia), ---~uo ..u> 1 0% Red Mountain Resort Association, ~.:SO ,000.00 . 32% Pay to Play, 57,500.12,8% - ----...: Membership ____.....;; Fees, $770.00, GST refund, 1% $2,219 . 05, ~ 115 of 135 187 of 219 It is important to note that although the City of Rossland contributed $30,000 in AprH- It does not show up in this year's financials so grants are considerably down for this financial year. The Red Mountain Resort Association again Increased their contribution to $30,000 from $27,000. This long term funding continues to be a critical aspect of the organizations overall income. The funding is made up of contributions from Red Mountain Resort ($10,000) and the remaining from all property owners (condo owners, town home owners, single family residential owners and lot owners) who contribute if their property is located within the RRA's designated boundary Operational Costs, $6,026, 6% Expense Breakdown 2010/2011 HR Breakdown by Task Project Management 12% Grant Management 14% HR Breakdown by task The above graph Is based on the cost to the organisation if we were to contract out the core services of the organisation. It is an estimate based on the assumptions below. The percentages 116 of135 188 of 219 Project management $8,184.72 (120/o) Value based on quote from The Seed Network at 15% of project plus HST www.gednetworfs.ca Creation of Bike Map Creation of Winter and Nordic Trails Map Nordic ad in Cross Country BC Reprint of Historical Walkins Tours Map Kootenay Rockies Bike publication- ad BC Mountain Bike group marketing BC Nordic ,roup marketing Warren Miller shows in: o Vancouver o Kelowna o Vernon o Kamloops Cost share ads with: o Red Mountain • North West Inlander • The Juice Radio- Kelowna • Radio Spokane o Redstone Golf • Spokesman Review Re-work and new layout of website Gooale Ad words with Kootenay Rockies Social media- $8,736 (13%) Value Based on ~ hour per day @$60 hour plus HST, Origin Design www.Orillodeslsn.ca Daily Twitter posts oauv Facebook posts o Weekly mountain bike BC posts Website maintenance- $17,472 (260/o) -Value based on 1 hour per day @$60 per hour all year, Origin Design www.prtclndestgn.ca Update content on these websites: o Kootenay Rockies Mobi o lntemational Selkirk Loop o Near MeBC o UrbanSpoon o Tripadvisor o HostBC o TraiiRossland.com (Sports Tourism) o Snowseekers o HelloBC o Tourism Rossland o Photobank with TBC 117 of135 189 of 219 o Google maps and reviews Media Hosting- $16,800 (250/o) Value Based on the fee for contracting this out to a company such as Peak Media www.peakco.com Jack Christie- Georgia Straight EMV$2,129.53 Darryl Lenluk- Globe and Mail, EMV $4,029.88 Rick Mercer- CBC Kimberly Davidson- CTV Nathan Borchelt- The Away Network Snowseekers Chris Wheeler- TBC Field Reporter Bobbi Barba rich- PowderS's Vue Weekly Bronwen Gora- The Sunday Telegraph Australia Grant Writing- $8,989.44 (14°A») Value Based on 15" of received grants plus HST www.srantwrlters.ors Bookkeeping and Admin- $6,240 (10°A») Based on 4 hours per week at $30 per hour Including annual and monthly reports Society reporting Payroll, and HST reporting Bookkeeping Reporting to stakeholders Weekly updates to members Presenting to City Council Total Value: $66,422.16 Additional Value (not Included above) Free accommodations Vancouver 4 nights@$150:: $600 Free Accommodation in Kimberely, 6 nights @100= $600 o No travel costs to Kimberely for Kootenay Rockies Tourism board meeting $300 (approx 3 times) Free Accommodation In Nelson for Kootenay Rockies AGM- $100 Total- $1,600 118of135 190 of 219 Projects for 2010/2011 Objective StrateBY Tactic Description Budaet To improve Cost share Create an Great $3000 Photobank with Red and RFPto get pictures! $750 Red and Redstone Redstone and good photos Kootenay $1500 KR Rockies Cost to TR- $750 To increase Use google ad Book with Google $3000 from TR hits to ski words Kootenay $1800 from KR page on Rockies- using website Total $4,800 Okanogan keywo-rds, $800- per month- October to March Improve our Website Add Cost to TR $1,000 primary call to upgrades youtubeto action front page Create "channels" for Bike, Ski, Golf 119 of135 191 of 219 2011 Annual Report $140* ·-- $189* ~ $189* -- To increase Work Vertical Total $10,079.86 overnight collaboratively Value Cost shared Red $5,039.93 stays for with Red on Marketing downhill cost share Kootenay Rockies $5,039.93 Gathering skiing projects NoCosttoTR Springfest To increase Work KelownaSki $1000 overnight collaboratlvely Show $1700 stays for with Red and Vancouver downhill other partners Ski Show skiing To increase Work Play and Stay Total $3520.14 overnight collaboratively Cost shared Redstone $1760.07 stays for with Redstone golf on cost shared Kootenay Rockies $1760.07 projects NoCosttoTR To Increase Work Ad in Ski -to increase $3360 for full page overnight collaboratlvely Cross awareness $1000 for design stays for with other Country ofRossland Nordic Nordic centres as a Total: $4360 Booking date skiers in BCto destination May29, promote for more Cost share $2100 with Kootenay Rockies, To increase 13 120 of 135 192 of 219 2011 Annual Report daytickets Nordic 2010 than just and $350 with BJ, $1910 with sold by activities downhill accommodators destination skiing. Work NocosttoTR skiers by collaboratlvely -To increase Black Jack Total - $2240 with Black Jack distribution to Improve of the Cost Share BJ- $500 their Winter promotion Trails map Join BC Nordic again To increase To create a Reprint Bike To Increase $3,000 overnight lure to Maps awareness Possibility of Cost share with KCTS $1,500 stays by encourage ofRossland mountain bikers to come as a bike Cost to TR $1,500 bikers to Rossland. destination To increase To build the Seven -Build Bike $250 Sign in Card overnight database of Summits Database $900 Stickers heavy duty stays by bikers Sign in Cards by Mountain and Stickers capturing $250 postage and mailing costs Bikers users data by offering 14 121 of 135 193 of 219 2011 Annual Report to mail Possibility of cost share with KCTS- $700 themthe7 Cost to TR- $700 summits sticker To Increase To work Membership To Increase Cost to TR $1,500 overnight collaboratively with awareness stays by with other Mountain ofRossland mountain communities Bike Group as a bike bikers to promote BC destination as a mountain bike destination 2011 Marketing Project Summary June 8, 2011 Total Value of all projects- $100,576 1. Arts Her1ta1e ProJect- Cost share project with Gold Fever Follies, Museum, the Flying Steamshovel and Community Tourism Opportunities (Kootenay Rockies). Promotes Golden Ticket- ticket for entry at the GFF, Museum and a meal at the Flying Steamshovel. Project includes, tickets, posters, ad in Go and Do, Rocky Mountain Visitor, and Route 3. Also distributed posters to Visitor Centres, Seniors homes, and other similar products. Total cost $5826.33. No Cost to Tourism Rossland, all partners paid. 2. BC Mountain Bike Tourism Group- annual membership with this organisation. Usting on website and inclusion in their marketing campaigns. Cost shared with Tourism BC who pays half the real value of the membership. Deanne is on marketins committee. Value of Membership is $3,180Actual cost to TR= $1,680 3. BC Nordic- annual membership with this orpnisation. Usting on website and inclusion In their marketing campaigns indudlns rack cards, facebook, media etc. Cost shared with Tourism BC who pays half of the real value of the membership and Black Jack who pays $500 Deanne will be on the board of Directors. Value of Membership is $4,240Actual cost to TR= $2,240 15 122 of 135 194 of 219 2011 Annual Report 4. Bike e·plde- development of a downloadable and web version of the trails map. Total cost of this project would be paid for by a potential grant from CBT. Cost to $9500 No cost to TR 5. Bllce Rossland.ca revamp- reworking of blkerossland.ca to include maps, video and general redesi&n Cost to Tourism Rossland $3,000 6. Bike El Study- Economic Impact Study of the trails in and around Rossland. Cost shared between the KCTS, Tourism BC, CBT, SUstainabillty Commission and canada Summer Jobs. No cost to Tourism Rossland. Total cost $12, 933 7. Bike Film- 2nd Base-Inclusion in 2nd Bases new Bike Film. Value of $3,000, paid for by Recreation Sites and Trails and Tourism BC. No cost to TR 8. CIT· CIF- Columbia Basin Trust Community Initiative Funds· grant written in association with the Rossland Heritage Commission. Funding to be used on signage for the Louis Joe Trail. No cost to Tourism Rossland Total cost is $2,675 9. Constant Contact Template for £-Blasts- Professionally designed template to e-blast addresses accumulated as a result of attendance at ski shows. Estimated cost of $750. 10. Fish Ins Brochure- Development of a fishing brochure for the area Including map, list of suppliers, tourism Info and info on types of fish and fishing. Cost shared with LCCDT- Total cost is $5,000, no cost to TR. 11. KCTS Contribution to Summer Map- KCTS gave us $1500 towards creation of the map and we are giving them the first $1500 of our local map sales In return. 12. NASJA- hosting North American Ski Journalists AssociatjQ!l in Rossland and 4t-Red Mountain during Winter carnival Weekend. This is an estimated amount based on preliminary discussions. We may need to pay for some accommodations, hospitality and transportation costs for the group. Great exposure to these journalists. This project Is a partnership with Whitewater, Kootenay Lake Nelson DMO and Red Mountain. $3,000 13. Nordlt Ad- Ski Cross Country- 2/3 page ad In this publication. Cost shared with Kootenay Rockies Tourism, Gericks, Black Jack, and Kootenay Nordic Sports. Total cost $1100, cost to TR $550 14. Nordic Ad- Ski Trax- X page page in this publication. Cost shared with Tourism BC (thru BC Nordic), Gericks, Black Jack and Kootenay Nordic Sports. No cost to Tourism Rossland, Total Cost $1,400 15. Outdoor Adventwe Shows- promoting and distributing our bike map, and potentially new fishing brochure from the LCCDT. Potential to Cost share with LCCOT. Total cost including travel, and booth and graphics is $6,245. Potential to cost share with LCCDT (not yet confirmed of $3,1225) 16. Ski Shows- Participation at the following ski shows: 16 123 of 135 195 of 219 2011 Annual Report a. Warren Miller Okanogan b. Warren Miller Spokane and Vancouver c. Seattle Ski Show d. Boston Ski Show e. Portland Ski Show f. Vancouver Ski Show g. Toronto Ski Show h. Colorado Ski Show 1. Minnesota Ski Show Total cost is $15,904 for the booths at ski shows. This is cost shared with Kootenay Rockies of $6,561, Red Mountain of $6,932 and Tourism Rossland $2,409. Tourism Rossland will also create a handout for the promotion at shows which would include a map of Red, Rossland, the base area around Red and early season packages for all of the accommodators. Early Season packaging will be available with Red this year! Cost for handout will be approximately $4,000, Travel and meals for these shows (Deanne will not attend all- will be $4,000) 17. Summer Bike Map- project completed- carried over from last year. Total cost was $4,422.47 18. VIdeo- Creation of a video promoting Rossland as an all season destination for use on websltes etc. Potential to cost share with Sustainabllity Commission Total budget $15,000 (with Sustainabllity cost share, or $10,000 without) Sector Breakdown of projects Does not include the Bike El study as that Is not directly a marketing project Also does not include Constant Contact or the Video- as those projects are considered multi sectoral. Projects by Sector Nordic skiing, $6.740.00,9')( Arts/Heritage, ;.o.~~.~~. 11" • A'1S/Herltace 8 Fishlng • Bike 8 Downhill Sklii'B 8 Nordics,.,iing 17 124 of 135 196 of 219 City of Rossland BUILDING INSPECTION DEPARTMENT a 1899 Qorwnbla Ave, Rossland BC, VOG 1YO BUILDING PERMIT REPORT: AUGUST 1 - 31, 2011 CURftENT peRIOD YEARJODAJE NUMBER OF PERMITS: 27 53 PERMIT FEE VALUE: $27,378.00 $ 50,741.00 CONSTRUCTION VALUE: $2,030,287.00 $ 4,750,837.00 2010 CONSTRUCTION VALUE: $ 7. 729,335.00 CURRENT CURRENT PERIOD YTD PERIOD YTD CURRENT PERIOD YEAR IODATE CURRENT PERIOD YEAR IODATE PERMITS PERMITS #UNITS t# UNITS CONSTRUCTION VALUE CONSTRUCTION VALUE PERMIT FEE PERMIT FEE NEW(SFD I 4 8 4 8 1.295,000.00 2,846,600.00 20,889.00 33,868.00 NEW(MFO I 1 2 336,540.00 2,912.00 NEW(MH I ADDITIONSIALTERA TIONS 18 33 514,797.00 978,797.00 4,594.00 8,916.00 ACCESSORY BUILDINGS 1 1 2,500.00 2,500.00 48.00 48.00 (NEW) GARAGE/CARPORT L_ _ __1 __ 8 218,000.00 ---- ~_!4QO.QO ---- _!.~I._OQ ~--- _3,771.00_ ADDITI=~~:I I 2 I I I J 140.~ .•ol------~ -~------=~~ ADDITI=::~~I I I I I ------~ l------] - I I ADD~~:~~~:~I I I I I I ------]------r ___ u _____ ] ~ RESIDENTIAL DEMounoNsl 1 1 1 1 1 1 -r------J N 01 0 ~COMMERCIAL DEMOLITIONS.____ ...... _ __--'---..a.-----'------'------'------' 01 cuRRENTPERrooToTALsl 21 1 53 1 4 1 10 1 U:03if.297:00I ___M.750,837.ooi-- -S27~37a.ool - s50.741.ool 197 of 219 City of Rossland August2011 Development Permits August2011 Fila# 3080.20 Type IApplicant Faa Paid$ Issued NIL .... en"' s..... ""U1 Page 1 of 1 198 of 219 City of Rossland Building Permit Records Auaust 1 - 31_ 2011 Permit# laaueDate Type Owner CtvlcAddrau Value 201100261 2510812011 RESIDENTIAL CARPORTIDECKADDITION FOLIO# 71315222 LOT:2 30,000.00 263.00 LAVBOURNE, CAROL L. DISTRICT LOT: 538 PLAN: 14835 22- 891 PARADISE MTN -MHP-MONTE VISTA 20110027 17/08/2011 RESIDENTIAL REECYCLING & STORAGE S11ED FOLIO# 1478002 LOT:2 2,500.00 48.00 WIEDER. SHARON & CHARLES DISTRICT LOT: 559 PLAN:N52 103 • 1800 LEROI APARTMENTs-KIRKUP AVE 20110028 1110812011 RESIDENTIAL NON- STRUCTURAL REPAIRS FOLIO# 594000 LOT:29 10,000.00 103.00 CAMERON, DUNCAN GARY & PECK, JUDY DISTRICT LOT: PLAN:616 1767 SECOND AVE 20110029 12/0812011 RESIDENTIAL FACADE IMPROVEMENTS, ROOFING FOLIO# 951010 LOT: 15 10,000.00 103.00 MACLEOD, GERALD S. & MAQ.EOD, EILEEN I. DISTRICT LOT: PLAN:13752 1811 PARKST 20110030 10/0812011 RESIDENTIAL DECKADDITION FOLIO# 490000 LOT:PCLC 20,000.00 183.00 HICKEY, WESLEY ORVAL DISTRICT LOT: 515 PLAN: 616 1680 NEVADA ST 20110031 2210812011 RESIDENTIAL DECK REBUILD FOLIO# 487100 LOT:PCLB 10,000.00 103.00 COLENSO, KENNETH & COLENSO, NELUE F. DISTRICT LOT: 535 PLAN: 616 1633 MONITA ST 20110032 1510812011 RESIDENTIAL RE·ROOF FOLIO# 643000 LOT:28-29 10,000.00 88.00 BOWIE, NANCY JEAN DISTRICT LOT: PLAN: 616 1973 SECOND AVE 20110033 11/0812011 RESIDENTIAL RESTORATION & RENOVATION FOLIO# 190000 LOT: 13-16 25,000.00 223.00 LENNOX, JAMES B. & DEBORA B. DISTRICT LOT: PLAN: 579 1887 SPOKANE ST 20110034 1510812011 RESIDENTIAL RE-ROOF FOLIO# 148050 LOT:S 13,297.00 120.00 BOWIE, DONAI.D, I. & BOWIE, NANCY J. DISTRICT LOT: PLAN: 9538 1102EARLST ~ 20110035 17/08/2011 RESIDENTIAL SECOND STOREY REVAMP/ADDITION FOLIO# 1900440 LOT: 44 47,000.00 399.00 EVANS, ANNE E. DISTRICT LOT: PLAN: 14835 1467 VICTORIA AVE ~. ' Page 1 of3 16/0912011 199 of 219 City of Rossland Building Permit Records Auoust 1 • 31_ 2011 Permit I Issue Date y, Pu Owner ClvlcAcldnl&a Val - ~- - -- ... ------20110036 1610812011 RESIDENTIAL. CHIMNEY CHASE FOLIO# 519000 LOT:PARCE 5,000.00 63.00 MACKAY, LAURA J DISTRICT LOT: 535 PLAN:816 1866 MONITA ST 20110037 31/0812011 RESIDENTIAL STRUCTURAL MODIFICATION$ -INTERIOF FOLIO# 891000 LOT:3 10,000.00 103.00 TRACEY, GRAHAM DISTRICT LOT: FALKENHAGEN,DARCY PLAN:2266 2285 SEVENTH AVE 20110038 1910812011 RESIDENTIAL STRUCTURAL RENOVATION· ~OOF SYST FOUO# 935000 LOT: 16-17 40,000.00 343.00 KOCZOR. KATHERINE &TAYLOR-GREGG, BEN DISTRICT LOT: PLAN:616C 2645 KOOTENAY AVE J 20110039 16108/2011 RESIDENTIAL CARPORT FOLIO# 578150 LOT:PCLC 75,000.00; 623.00 BISSONNETTE, ANNIE S. DISTRICT LOT: 535 PLAN:816 ' 1786 FIRST AVE 20110040 2210812011 RESIDENTIAL SFD- NEW CONSTRUCTION FOLIO# 3010118 LOT: SL18 375,000.00 I 3,073.00 RMR ACQUISITION CORP DISTRICT LOT: I PLAN: NES3660 203 CEDAR CREEK PLACE 20110041 1510812011 RESIDENTIAL SFD- NEW CONSTRUCTION FOLIO# 1706294 LOT:Sl2 275,000.00 2,313.00 ROSSLANDPROPERTYINVESTMENTSLTD DISTRICT LOT: I PLAN:EPS435 804A REDSTONE DR 20110042 19/0812011 RESIDENTIAL SFD- NEW CONSTRUCTION FOUO# 1561160 LOT: 6 320,000.00 2.683.00 TYMCHYSHYN. SCOTT A &MARGARET T DISTRICT LOT: PLAN: EPP10101 1 2917 CEDAR CRES 20110043 16/0812011 RESIDENTIAL GARAGE CONSTRUCTION FOU0#1506300 LOT: 10 93,000.00 771.00 BROWN, AU.ISON DISTRICT LOT: PLAN: 2235 2265 ESLING DR 20110044 24108/2011 RESIDENTIAL STRUCTURAL REPAIRS TO CARPORT/DE< FOLIO# 171000 LOT: 13-15 20,000.00 183.00 HAINES, DANIEL & MONALEE DISTRICT LOT: 535 PLAN:579A 1891 VICTORIA AVE ~ 20110045 1610812011 RESIDENTIAL SFD - NEW CONSTRUCTION FOLIO# 1561130 LOT:3 325,000.00 2,820.00 I TAYLOR. SHAUN JOSEPH & DOREEN FRANCES DISTRICT LOT: ~ ~ I PLAN: EPP10101 2911 CEDAR CRES ------ Page2of3 16/09/2011 200 of 219 City of Rossland Building Permit Records Auoust 1 • 31_ 2011 Permit 'I Issue Date Type PIM'JIOM OWner CIYicAddt888 v-.. 20110046 30/0812011 RESIDENTIAL GARAGE REPAIR FOLIO# 648000 LOT: 3-4 10,000.00 103.00 CAMOZZI, CARMELA DISTRICT LOT; PLAN:616 2020 FIRST AVE 20110047 26/08/2011 RESIDENTIAL SFO ADDITION FOLIO# 1259000 LOT: 11·12 62,500.00 529.00 MENELAWS, JOEL WILLIAM DISTRICT LOT: PLAN: 706 1391 VICTORIA AVE 20110048 2910812011 RESIDENTIAL FOUNDATION REPAIRS FOLIO# 1609350 LOT:35 35,000.00 310.00 STERPIN, ALDO & CREMER, JOANNE DISTRICT LOT: PLAN: NEP83293 913 REDSTONE DRIVE 20110049 2610812011 RESIDENTIAL COVERED WAJJ PERMIT FEES $17~7£00 TOiAL CONSTRUCTION VALUE $ 2,030,297.00 ... co "'a c.>... (J1 Page 3of3 16/09/2011 201 of 219 1899 ColumblaAwsnue. Box 1179. RDssland. BC VOG 1YO • Phone 250.362.7396 • Fax 250.362.5451 Local Govwnment Act (Part26) NOnCE OF PERMIT TO: 1HE REGISTRAR OF TITI.ES Kamloops Land Title Office 114-4SS Columbia Street Kamloops, BC V2C6K4 TAKE NOTICE that the land described below is subject to a permit issued by: THE COBPOMTION OF THE CITY OF RQSSLANP PARTICULARS OF PERMIT Permit Description Type or Permit: (a) Type ofPennit: Development Variance Permit (b) Statutory Authority: Section 922 of the .Local Government Act Lecal Desc:rtpdon of Land Affected: PID Lepl Delc:rlptioa 025-721-496; Parcel A (DD KV86979), Block 8, District Lot S3S, Kootenay District Plan S79 Permit Specifics A Development Variance to vary the exterior side setback requirements as establisbecl in the City of Rossland Zoning Bylaw #1912 from 3.0 metres to 0 metres in the location presented in the following file: File Number: 3090.20/02-2011 Issue Date: ~~~bp- 6. 2Qll Expiry Date: FURTHER PARTICULARS OF THE PERMIT MAY BE OBTAINED FROM THE ISSUING AUTHORITY AND FURTHER TAKE NOTICE that in the case of a Temporary Commercial or Industrial Permit you are hereby authorized to cancel the notation of the filing of this notice against the tide to the land affected by it on or after the expiry date specified above without further application from us and we consent to a cancellation of the notation on the basis of eftluxion of time. DATED: The 19* day of September 2011. THE CORPORATION OF THE CITY OF ROSSLAND By its authorized signatory: TRACEY ELLEN BUTLER Designated Municipal Officer 130 of 135 202 of 219 1899 Columbia Avanue. Box 1179. Rossland. BC VOG 1YO • Phone 250.382.7396 • Fax 250.362.5451 Local Government Act (Part 26) NOTICE OF PERMIT TO: 1liE REGISTRAR OF TITI.ES Kamloops Land Tide Office 114-4SS Columbia Street Kamloops. BC V2C6K4 TAKE NOTICE that the land described below is subject to a permit issued by: THE CORPORATION Of lliE CITY OF ROSSLANP PARTICULARS OF PERMIT Permit Deserlptloa Type of Permit: (a) Type of Permit: Development Variance Permit (b) S1Btutory Authority: Section 922 of the Local Government Act Legal Description ofLaad Aft'eeted: PID Legal Description 016-189-604; Lot 20, Block 53, Section 35, Township 9A, Kootenay District Plan 616C Permit Specifies A Development Variance to viry the exterior side setback n:quirement as established in the City of Rosaland Zoning Bylaw #1912 from 3.0 metres to 1.62 metres, and the rear setback rcquinment from 2.0 metra to 1.11 metres in the location presented in the following file: File Number: 3090.20/03-2011 issue Date: September 6, 2011 Expiry Date: FUR'IliER PARTICULARS OF 1liE PERMIT MAY BE OBTAINED FROM THE ISSUING AUTHORITY AND FURTHER TAKE NOTICE that in the case: of a Temporary Cornmen:ial or Industrial Permit you are haeby authorized to cancel the notation of the filing of this notice against the tide to the land affected by it on or after the expiry date specified above without further application from us and we consent to a cancellation of the no1Btion on the basis of effiuxion of time. DATED: The 19• day of September 2011. lliE CORPORATION OF lliE CITY OF ROSSLAND By its authorized signatory: TRACEY ELLEN BUTLER Designated Municipal Officer 131 of 135 203 of 219 THE CORPORATION OF THE CITY OF ROSSLAND DESIGN REVIEW PANEL MINUTES Regular Meeting of September 20, 2011 - 5:30 pm City Hall - Council Chambers Present: J. Howes (Chair) A. Weibe J. Haskins K. Turner S. Ughtbourne/ Recording Secretary Call to Order: The meeting was called to order at 5:30 pm Agenda: The agenda was adopted as circulated. 1 . Regular business I. #09- 2011: Legion - 2081 Washington St- Outside paint Moved by j. Howes Seconded by j. Haskins That the Design Review Panel recommend to approve the application for a repaint of the Legion building. CARRIED II. #1 0 - 2011: Kootenay Nordic Sports Sign - 2020 Washington St - New Sign age Moved by K. Turner Seconded by J. Haskins That the Design Review Panel recommend to approve the new signage for Kootenay Nordic Sports with the following recommendations: Reduce the border width of the sign 1". Reducing the border width will enable the sign to be moved up slightly so that a line of bricks will be visible below the sign. This will help the framing of the sign on the building. May also want to try scalloping the corners of the sign like the inset to further define the sign. CARRIED C:ICITY FILING SYS11M\l060.1 0 .ORP MlnUleS\2011\Sep120_11_ Minllle$.~ of 18 204 of 219 2 3. Adjournment 6:30 pm S.Lightboume- Recording Secretary G:\CnY RUNG SVSTEM\3060.10 -ORP Mlnulea\2011 \Sepl2(l_l l_Mlnutes.doc f 15 0 18 205 of 219 THE CITY OF ROSSLAND REQUEST FOR COUNCIL DECISION DATE October 5, 2011 TOPIC Bylaw 2516- 2012 Permissive Tax Exemption Bylaw PROPOSAL Adoption of Bylaw 2516 PROPOSED BY Corporate Officer & Manager of Finance SUMMARY: At the Regular Meeting of Council on Monday, September 19, 2011, Council gave the first three readings to Bylaw No. 2516- 2012 Permissive Tax Exemption Bylaw. The required public notice has been posted in the local newspapers and we have received no feedback from the public. Council is now in a position to adopt this bylaw. STAFF RECOMMENDATIONS: Council adoption of Bylaw No. 2516-2012 Permissive Tax Exemption Bylaw. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: The Community Charter authorizes Councils to exempt certain properties from taxation. This is done on an annual basis. City ofRossland Policy 1442 ensures that the organizations applying for permissive tax exemption meet the criteria and that the application process is consistent. All legislative advertising requirements have been completed in order for this bylaw to proceed. . - ~ J Corporate Officer Re~~Manager 206 of 219 THE CORPORATION OF THE CITY OF ROSSLAND BYLAW#2516 A BYLAW TO ALLOW PERMISSIVE TAX EXEMPTIONS FOR 2012 WHEREAS Part 7, Division 7 of the Community Charter (and any amendments thereto) authorizes the Council of the City of Rossland to allow for exempting certain properties from taxation, NOW THEREFORE the Council of the City of Rossland in open meeting assembled ENACTS AS FOLLOWS: SHORT TITLE 1. (1) This Bylaw may be cited as the "2012 PERMISSIVE TAX EXEMPTION BYLAW ". EXEMPTIONS 2. (1) The properties identified in Schedule "A" attached to and forming part of this Bylaw and being properties set apart and in use for public worship, shall be exempt from municipal property value taxation in 2012. (2) The properties identified in Schedule "B" attached to and forming part of this Bylaw and being properties related to properties that are exempt under section 220(1 )(h) (buildings for public worship), and are an area of land SlJQ"O\Ulding the exempt building, shall be exempt from municipal property value taxation in 2012. (3) The property identified in Schedule "C" attached to and forming part of this Bylaw and being property owned by an athletic association and used for public recreational purposes and shall be exempt from municipal property value taxation in 2012. (4) The properties identified in Schedule "D" attached to and forming part of this Bylaw, being property vested in, or held by, societies that are not operated for profit and that operate for charitable purposes, and that Council considers are used for a purpose that is directly related to the purposes of the City, shall be exempt from municipal property value taxation in 2012. ( 5) The properties identified in Schedule "E" attached to and forming part of this Bylaw and being properties, land or improvements for which a grant has been made under the Housing Construction (Elderly Citizens) Act before its repeal, shall be exempt from municipal property value taxation in 2012. 207 of 219 Pa~e 2 ENACTMENT 3. (1) If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the part that is invalid shall not affect the validity of the remainder. (2) Bylaw #2491 is hereby repealed. (3) This Bylaw shall come into full force and effect on the final adoption thereof READ A FIRST TIME this 19th day of September, 2011 READ A SECOND TIME this 19th day of September, 2011 READ A THIRD TIME this 19th day of September, 2011 PUBLISHED PURSUANT TO SECTION 227 OF THE COMMUNITY CHARTER the 15th & 22nd days of September, 2011 RECONSIDERED AND FINALLY ADOPTED this day of October, 2011 Mayor Corporate Officer 2012 Permissive Tax Exemption Bylaw 208 of 219 Pa~e 3 CORPORATION OF THE CITY OF ROSSLAND BYLAW#2516 SCHEDULE"A" Statutory Exemptions pursuant to Part 7, Division 7, Sections 220(1)(h) of the Community Charter 1. Roman Catholic Bishop ofNelson- Sacred Heart Church- 767.350 Parcel A, Block 27, Plan 616A 2. Roman Catholic Bishop ofNelson- Parish Hall- 805.100 Lots 11 - 14, Block 30, Plan 616 3. United Church of Canada- St. Andrew's United Church- 676.100 Lots 1 - 4, Block 20, Plan 616A 4. Rossland Congregation of Jehovah's Witnesses- 673.940 Lot 26, Block 18, Plan 616 & Lot A, Plan 10762 (See W16686) 2012 Permissive Tax Exemption Bylaw 209 of 219 Pa~e4 CORPORATION OF THE CITY OF ROSSLAND BYLAW#2516 SCHEDULE "B" Exemptions pursuant to Part 7, Division 7, Section 224(2)(t) of the Community Charter 1. Roman Catholic Bishop ofNelson- Sacred Heart Church- 767.350 Parcel A, Block 27, Plan 616A 2. Roman Catholic Bishop ofNelson- Parish Hall- 805.100 Lots 11 - 14, Block 30, Plan 616 3. United Church of Canada- St. Andrew's United Church- 676.100 Lots 1-4, Block 20, Plan 616A 4. Rossland Congregation of Jehovah's Witnesses- 673.940 Lot 26, Block 18, Plan 616 & Lot A, Plan 10762 (See W16686) 2012 Permissive Tax Exemption Bylaw 210 of 219 Page 5 CORPORATION OF THE CITY OF ROSSLAND BYLAW#2516 SCHEDULE "C" Exemptions pursuant to Part 7, Division 7, Section 224(2)(i) of the Community Charter 1. Rossland Swimming Pool Society- 212.000 Lots 15-16-17, Block 26, Plan 579, Kootenay Land District 2012 Permissive Tax Exemption Bylaw 211 of 219 Page 6 CORPORATION OF THE CITY OF ROSSLAND BYLAW#2516 SCHEDULE "D" Exemptions pursuant to Part 7, Division 7, Section 224(2)(a) of the Community Charter 1. 2055 - 2059 Washington Street Roll No. 238000 Lot 15, Block 28, Plan 579 Rossland Health Care Auxiliary Society 2. 2058 Spokane Street Roll No. 243000 Lot B, Plan 9766, District Lot 535; and Lot 22, Block 28, Plan 579 District Lot 535 except Parcel A (See 1505651) Rossland Child Care Society 3. 2054 Washington Street Roll No. 360000 Lot 20, Block 41, Plan 579 Rossland Light Opera Players 4. 2081 Washington Street Roll No. 240000 Lot 1, Plan NEP73284, District Lot 535 Canadian Legion (Pacific #14) * Class 08 assessment only 2012 Permissive Tax Exemption Bylaw 212 of 219 Page 7 CORPORATION OF THE CITY OF ROSSLAND BYLAW#2516 SCHEDULE "E" Exemptions pursuant to Part 7, Division 7, Section 224(2)(k) of the Community Charter 1. 2112 Second Avenue Roll No. 675.000 Lot A, Plan 9862 Golden City Manors Society 2012 Permissive Tax Exemption Bylaw 213 of 219 THE CITY OF ROSSLAND REQUEST FOR COUNCIL DECISION DATE October 5, 2011 TOPIC Bylaw 2517- 2012 Revitalization Tax Exemption Bylaw PROPOSAL Adoption of Bylaw 2517 PROPOSED BY Corporate Officer & Manager of Finance SUMMARY: At the Regular Meeting of Council on Monday, September 19, 2011, Council gave the first three readings to Bylaw No. 2517- 2012 Revitalization Tax Exemption Bylaw. The required public notice has been posted in the local newspapers and we have received no feedback from the public. Council is now in a position to adopt this bylaw. STAFF RECOMMENDATIONS: Council adoption ofBylawNo. 2517-2012 Revitalization Tax Exemption Bylaw. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: The Community Charter authorizes Councils to exempt certain properties from taxation. This is done on an annual basis. City of Rossland Bylaw 2488 sets up the revitalization tax exemption program and ensures the organizations applying for revitalization tax exemption meet the criteria and that the application process is followed. All legislative advertising requirements have been completed in order for this bylaw to proceed. Corporate Officer Reviewed by City Manager 214 of 219 THE CORPORATION OF THE CITY OF ROSSLAND BYLAW#2517 A BYLAW TO ALLOW REVITALIZATION TAX EXEMPTIONS FOR 2012-2016 WHEREAS Section 226 of the Community Charter (and any amendments thereto) authorizes the Council of the City of Rossland to allow for exempting certain properties from taxation, AND WHEREAS Council has established a revitalization tax exemption program under the "City ofRossland Revitalization Tax Exemption Bylaw No. 2488, 2010", NOW THEREFORE the Council of the City of Rossland in open meeting assembled ENACTS AS FOLLOWS: SHORT TITLE 1. (1) This Bylaw may be cited as the "2012 REVITALIZATION TAX EXEMPTION BYLAW". EXEMPTIONS (1) The properties identified in Schedule "A" attached to and forming part of this Bylaw and being properties, land or improvements for which a grant has been made under section 226 (revitalization tax exemption) and shall be exempt from municipal property value taxation from 2012 through 2016. ENACTMENT 3. (1) If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the part that is invalid shall not affect the validity of the remainder. (2) This Bylaw shall come into full force and effect on the final adoption thereof READ A FIRST TIME this 19th day of September, 2011 READ A SECOND TIME this 19th day of September, 2011 READ A THIRD TIME this 19th day of September, 2011 215 of 219 PaRe 2 PUBLISHED PURSUANT TO SECTION 227 OF THE COMMUNITY CHARTER the 15th & 22nd days of September, 2011 RECONSIDERED AND FINALLY ADOPTED this day of October, 2011 Mayor Corporate Officer 2012 Revitalization Tax Exemption Bylaw 216 of 219 Page 3 CORPORATION OF THE CITY OF ROSSLAND BYLAW#2517 SCHEDULE "A" Exemptions pursuant to Part 7, Division 7, Section 226 of the Community Charter 1. 2004 Columbia Avenue- Roll No. 343.000 Lot 1, Block 41, Plan 579 Quince Tree Enterprises Inc. 2012 Revitalization Tax Exemption Bylaw 217 of 219 Notice of Motion - Councillor Charlton Introduced at the September 19, 2011 Regular Meeting: THAT Council dedicate Lot 23, Block 28 PID 010-983-783 to the Rossland Skatepark Association (RSA) for up to two years in order for the RSA to explore and fully leverage funding opportunities, AND FURTHER THAT the July 11, 2011 resolution concerning the Skate park location be rescinded. Note: Correct wording of motion will be supplied prior to the meeting. 218 of 219 MOTION: MOORE I WALLACE RESOLVED THAT COUNCIL APPROVE THE RECOMMENDED SITE IN THE SOUTHEAST CORNER OF THE EMCONY ARD, FOR A SKATEPARK, AND FURTHER; RESOLVED THAT COUNCIL DEDICATE TillS SITE TO THE ROSSLAND SKATEPARK ASSOCIATION(RSA) FOR UP TO TWO YEARS IN ORDER FOR THE RSA TO EXPLORE AND FULLY LEVERAGE FUNDING OPPORTUNITIES. CARRIED. Councillor Charlton voted against the resolution. MOTION: SPEARN I SMITH RESOLVED THAT THAT THE RESOLUTION PASSED AT THE DECEMBER 14, 2009 REGULAR COUNCIL MEETING CONCERNING THE LOCATION OF A SKATEPARK AT THE EMCON SITE BE RESCINDED. CARRIED. RECESS TO COMMITTEE-OF-THE-WHOLE MEETING: MOTION: SMITH I CHARLTON RESOLVED THAT THIS REGULAR MEETING OF COUNCIL BE RECESSED AT 8:07P.M. TO ALLOW FOR THE COMMITTEE-OF-THE-WHOLE MEETING, AND THAT TillS REGULAR MEETING OF COUNCIL BE RECONVENED AT THE CONCLUSION OF THE COMMITTEE-OF THE-WHOLE MEETING. CARRIED. The Meeting was recessed at 8:07p.m. and reconvened at 9:30p.m. RECOMMENDATIONS FROM STAFF FOR DECISION: Nil REQUESTS ARISING FROM CORRESPONDENCE: Nil INFORMATION ITEMS: INFORMATION ITEMS NUMBERED 13(a) TO 13(h) a) Application from the Greater Trail Swim Racing Society under Policy 03-02 Financial Assistance for use of Facilities, Pool and Parks. Recommendation to approve $4,460 in grant funding under Policy 03-02. · JULY 11,2011 REGULAR MEETING Page 3 219 of 219