Plain English Summary
This is a consolidated version of the Town of View Royal's Land Use Bylaw No. 35 from 1990, including amendments up to November 2020. The bylaw regulates land use within the municipality, specifying what uses are permitted in different zones. It covers aspects like building sizes, setbacks, parking, signs, and subdivision development. The bylaw affects property owners, developers, and anyone undertaking construction or land use activities in View Royal. It outlines procedures for applying for permits and sets penalties for violations. It also references other related documents, like the Official Community Plan, and separate schedules regarding works, services, and fees.
Legislative Timeline
Committee of the Whole
Amendments to Land Use Bylaw, 1990, Bylaw No. 35 - Home Occupation Regulations
Council Meeting
Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 - Staff Report
Council Meeting
Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Floor Area and Building Storeys
Committee of the Whole
Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Building and Structure Height
Committee of the Whole
Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Accessory Structures and Uses
Committee of the Whole
Proposed Amendments to Land Use Bylaw, 1990, Bylaw No. 35 Floor Area and Building Storeys
Adopted 1990
Official adoption year of Bylaw No. 35
Document Outline
Town of View Royal Land Use Bylaw, 1990, No. 35 (Consolidated to November 2020)
Amendment Bylaws Summary:
- A multitude of amendments, primarily concerning:
- Zoning Map changes (Schedule 1, Section 42)
- Zone Table adjustments (Part 6, Section 43/41)
- Definitions (Part 1, Section 2)
- Fees (Schedule 13, Part 2, Section 7)
- Parking and Loading (Part 7, Sections 45/47)
- Signage (Part 7, Sections 48/49/50)
- Subdivision and Development Servicing (Part 8, Section 58)
- General Regulations (Various Parts and Sections)
- Comprehensive Development Zones (Various CD Zones, Part 6/7)
Index
Part 1 Interpretation
- Title
- Definitions
Part 2 Administration and Public Information
- Application
- Inspection
- Direct Enforcement
- Bylaw Amendment and Permit Applications
- Fees
- Public Hearing
- Notice of Hearings
- Severability
Part 3 Compliance
- Permitted Uses
- Siting, Size and Dimension of Building and Structures
- Off-Street Parking and Loading
- Permitted Number of Buildings
- Subdivision and Development of Land
- Undersized Existing Lots Regulations 16.A Rebuilding of Damaged Non-conforming Buildings & Structures
- Violations
- Penalty
Part 4 Board of Variance
- See Board of Variance Bylaw 2006 No. 623
- (Intentionally Left Blank)
Part 5 Permits
Division 1 Development Permits
- See Bylaw No. 894, 2014
- (Intentionally Left Blank)
Division 2 Development Variance Permits
- See Bylaw No. 894, 2014
Division 3 Tree Cutting Permits
- See Bylaw No. 894, 2014
- (Intentionally Left Blank)
Division 4 Permit Procedures
- See Bylaw No. 894, 2014
- (Intentionally Left Blank)
- (Intentionally Left Blank)
Part 6 Zoning
Division 1 General Regulations
- See Bylaw No. 894, 2014
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank) 40.1 (Intentionally Left Blank) 40.2 (Intentionally Left Blank) 40.3 (Intentionally Left Blank)
Division 2 Zone Categories
- See Bylaw No. 894, 2014
- (Intentionally Left Blank)
- (Intentionally Left Blank)
Part 7 Parking, Signs, Screening and Flood Plain
Division 1 Parking
- See Bylaw No. 894, 2014
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
Division 2 Signs
48.1 See Bylaw No. 992, 2018 48.2 (Intentionally Left Blank) 48.3 (Intentionally Left Blank) 49. (Intentionally Left Blank) 50.1 (Intentionally Left Blank) 50.2 (Intentionally Left Blank) 50.3 (Intentionally Left Blank)
Division 3 Screening
- See Bylaw No. 1057, 2020
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
Division 4 Flood Plain
- See Bylaw No. 894, 2014
Division 5 Riparian Areas Regulation
55a See Bylaw No. 894, 2014
Part 8 Subdivision and Development
Division 1 General Conditions and Requirements
- See Bylaw No. 985, 2017
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
Division 2 Design and Construction Requirements
- See Bylaw No. 985, 2017
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
- (Intentionally Left Blank)
Schedules
- Zoning Map
- Application For A Tree Cutting Permit
- Off-Street Parking Covenant
- See Bylaw No. 985, 2017
- Right-of-Way Agreement
- Development Processing Fees
- Application for Access Permit
- Application for a Permit to Deposit or Remove Soil
Full Text
Town of View Royal
LAND USE BYLAW, 1990, NO. 35
July 31, 1990
(Consolidated for Convenience to November 2020)
BOUND SEPARATELY:
SCHEDULE A: WORKS & SERVICES GENERAL PROVISIONS
SCHEDULE B: WORKS & SERVICES DESIGN CRITERIA & STANDARDS
The Town of View Royal provides information as a public service. Information provided is merely the
opinion of the Town and should not be relied upon by the recipient to the exclusion of other opinions. The
recipient is encouraged to seek independent advice and opinions, as the Town of View Royal takes no
responsibility for information provided by it.
This Bylaw has been consolidated for convenience and reference only, and is not to be relied upon in
making financial or other commitments. Where applicable, capitalization, numerical order, and
numbering have been altered for consistency. Copies of the original Bylaw and amendments may be
viewed at the Town of View Royal Municipal Hall at 45 View Royal Avenue, Victoria, B.C.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
Town of View Royal
LAND USE BYLAW, 1990, NO. 35
AMENDMENT BYLAWS
Bylaw #
Description
52
Zoning Map - adopted 1/91
Schedule 1
Section 42
61
Zoning Map - adopted 7/91
Schedule 1
Section 42
66
Zoning Map - adopted 11/90
Schedule 1
Section 42
74
Completion of Works and Services
Part 8
Section 58
Inspection and Supervision - adopted 4/91
Schedule A
Section 9
75
Fee - adopted 4/91
Part 2
Section 7
Permits and Approvals
Part 7
Section 48
General Regulations
Part 7
Section 48
Types
Part 7
Section 49
Sign Schedule
Part 7
Section 50
76
Zoning Map - adopted 2/91
Schedule 1
Section 42
80
Zoning Map - adopted 5/91
Schedule 1
Section 42
81
Zoning Map - adopted 2/92
Schedule 1
Section 42
88
General Regulations - adopted 6/91
Part 7
Section 48
96
Zoning Map - adopted 2/92
Schedule 1
Section 42
97
Undersized Existing Lots - adopted 12/91
Part 3
Section 16
99
Zone Table - adopted 12/91
Part 6
Section 43
100
Zoning Map - adopted 1/92
Schedule 1
Section 42
109
Definitions - adopted 5/92
Part 1
Section 2
Notice of Hearings
Part 2
Section 9
Storage
Part 6
Section 33
Yards Part 6
Section 35
Special Setbacks
Part 6
Section 36
Zone Tables
Part 6
Section 43
Preliminary Subdivision Layout Consideration
Part 8
Section 59
110
Zoning Map - adopted 5/92
Schedule 1
Section 42
129
Zoning Map - adopted 10/92
Schedule 1
Section 42
130
Zone Tables - adopted 10/92
Part 6
Section 43
131
Zoning Map - adopted 11/92
Schedule 1
Section 42
141
Zone Tables - adopted 1/93
Part 6
Section 43
145
Application to Amend a Bylaw
Part 2
Section 6
Fee - adopted 2/93
Part 2
Section 7
Fees Schedule 13
Section 7
153
Zoning Map - adopted 4/93
Schedule 1
Section 42
155
Developments Exempted - adopted 3/93
Part 6
Section 30
156
Zoning Map - 5/93
Schedule 1
Section 42
158
Zone Tables - adopted 9/93
Part 6
Section 43
Definitions
Part 1
Section 2
160
Zoning Map - adopted 7/93
Schedule 1
Section 42
162
Zoning Map - adopted 9/93
Schedule 1
Section 42
168
Zoning Map - adopted 8/83
Schedule 1
Section 42
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
Town of View Royal
LAND USE BYLAW, 1990, NO. 35
AMENDMENT BYLAWS
176
Zone Tables - adopted 5/95
Part 6
Section 41
Bylaw # Description
177
Zoning Map - adopted 1/95
Schedule 1
Section 42
179
Fees - adopted 10/93
Schedule 13
181
Definitions - adopted 12/93
Part 1
Section 2
184
Subdivision & Devt. Servicing - adopted 4/94
Part 8
185
Zone Tables - adopted 11/94
Part 6
Section 43
189
Zoning - adopted 1/94
Part 6
Section 32
195
Zone Tables - adopted 5/94
Part 6
Section 43
196
Zone Tables - adopted 4/94
Part 6
Section 43
Definitions
Part 1
Section 2
210
General Regulations - adopted 11/94
Part 6
Section 31
210
Zone Tables - adopted 11/94
Part 6
Section 43
210
Parking Standards - adopted 11/94
Part 7
Section 45
210
Parking & Loading Schedule - adopted 11/94
Part 7
Section 47
211
Fees - adopted 10/94
Schedule 13
212
Undersized Existing Lots Regs. - adopted 11/94
Part 3
Section 16
214
Special Setbacks - adopted 2/95
Part 6
Section 36
215
Parking & Loading Schedule - adopted 2/95
Part 7
Section 47
222
Definitions - adopted 2/95
Part 1
Section 2
222
Zone Tables - adopted 2/95
Part 6
Section 43
223
Zone Tables - adopted 2/95
Part 6
Section 43
224
Screening - adopted 2/95
Part 7
Section 54
225
Admin & Public Information - adopted 2/95
Part 2
Section 6
225
Signs - adopted 2/95
Part 7
Section 48
242
Zoning Map - adopted 8/95
Schedule 1
Section 42
245
Zoning Map - adopted 8/95
Schedule 1
Section 42
246
Zone Tables - adopted 8/95
Part 6
Section 43
250
Notice of Hearings - adopted 8/95
Part 2
Section 9
250
Fees - adopted 8/95
Schedule 13
261
Zoning Map - adopted 12/95
Schedule 1
Section 42
277
Zoning Map - adopted 6/96
Schedule 1
Section 42
278
Zoning Map - adopted 6/96
Schedule 1
Section 42
283
Zoning Tables - adopted 9/96
Part 6
Section 43
Definitions
Part 1
Section 2
290
Zoning Map - adopted 12/96
Part 6
Section 42
292
Zoning Map - adopted 3/97
Part 6
Section 42
297
Zoning Map - adopted 3/97
Part 6
Section 42
302
Zoning Map - adopted 12/97
Schedule 1
Section 42
311
Definitions - adopted 3/99
Part 1
Section 2
Zone Tables
Part 6
Sections 41/43
313
Zoning Table - adopted 4/98
Part 6
Section 41
Zoning Table
Part 6
Section 43
316
Zoning Map - adopted 4/99
Schedule 1
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
Town of View Royal
LAND USE BYLAW, 1990, NO. 35
AMENDMENT BYLAWS
318
Zoning Map - adopted 4/98
Schedule 1
Bylaw # Description
330
Definitions - Signs - adopted 2/98
Part 1
Section 2
Signs Part 7
Section 49
Sign Schedule
Part 7
Section 50
340
Definitions - adopted 6/99
Part 1 Section 2
Zone Tables
Part 6
Sections 41/43
341
Zoning Map - adopted 06/99
Schedule 1
362
Definitions - adopted 6/00
Part 1 Section 2
Zone Tables
Part 6
Sections 41/43
363
Zoning Map - adopted 06/00
Schedule 1
382
Definitions - adopted 6/00
Part 1 Section 2
Zone Tables
Part 6
Sections 41/43
383
Zoning Map - adopted 06/00
Schedule 1
386
Zoning Map - adopted 11/00
Schedule 1
390
Zone Tables - adopted 10/00
Part 6
Sections 41/43
391
Zoning Map - adopted 10/00
Schedule 1
392
Zoning Map - adopted 11/00
Schedule 1
394
Zoning Map - adopted 12/00
Schedule 1
400
Zone Tables - adopted 12/00
Parts 6/7
Sections 43/50
Zoning Map
Sign Schedule
401
Definitions – adopted 06/01
Part 1
Section 2
402
Subdivision & Devt. Servicing - adopted 1/01
Part 8
Section 58
403
Definitions - adopted 1/01
Part 1
Section 2
General Regulations
Part 6
Section 29
404
Definitions – adopted 09/01
Parts 2/6/7
Sections 2/47
Zone Tables
Parking & Loading Schedule
407
Zoning Map – adopted 03/01
Schedule 1
409
Subdivision & Devt. Servicing – adopted 2/01
Part 8
Sections 56/58
411
Zoning Map – adopted 04/01
Schedule 1
422
Parking & Loading Schedule – adopted 09/01
Part 7
Section 47
426
General Regulations – adopted 06/01
Part 2
Section 6
429
Zoning Map – adopted 08/01
Schedule 1
433
Design and Construction Requirements-
Part 8
Sections 68,69
Warranty – adopted 07/02
Division 2
434
General Regulations – adopted 09/01
Parts 1/7
Sections 48/49/50
Sign Schedule
440
Definitions – adopted 10/01
Parts 1/6
Sections 2/40.1
General Regulations
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
Town of View Royal
LAND USE BYLAW, 1990, NO. 35
AMENDMENT BYLAWS
442
General Regulations – adopted 10/01
Part 6
Section 40
454
Regulations to Devt. Permits – adopted 12/01
Parts 2/5
Sections 6/21/23/
Schedules 5/13
26/27/28
458
Zone Table – adopted 06/02
Part 6
Sections 41/43
459
Definitions – adopted 02/02
Parts 1/6
Sections 2/40
460
Fees – adopted 03/02
Schedule 13 Schedule A
466
Zoning Map – adopted 04/02
Schedule 1
Section 42
470
Definitions, Zoning Table & Map – adopted 10/02
Parts 1/2/6
Sections 2/41/43
478
Zoning Map – adopted 06/02
Schedule 1
Section 42
485
Public Notice Requirements – adopted 09/02
Part 2
Sections 6/9
497
Sign Regulations – adopted 11/02
Parts 6/7
Sections 40/48
505
Min. lot size in non-sewered areas – adopted 04/03
Part 6
Section 43
506
P-1 Zone, residential use – adopted 04/03
Part 6
Section 43
521
Float home restrictions – adopted 10/03
Part 1
Section 29
522
Zoning Map – adopted 10/03
Schedule 1
Section 42
530
Zoning Map – adopted 11/03
Schedule 1
Section 42
532
Zone Tables - adopted 12/03
Parts 6/7
Sections 43/50
Zoning Map
539
Zoning Map – adopted 05/04
Schedule 1
Section 42
540
Licensed Retail Stores – adopted 04/04
Parts 1/2/6
Section 41
549
Zone Tables - adopted 07/04
Parts 6/7
Sections 43/50
Zoning Map
554
Road Design Standards – adopted 06/04
Part 6
Section 43
555
Zone Tables - adopted 07/04
Parts 6/7
Sections 43/50
Zoning Map
559
Zoning Map – adopted 09/04
Schedule 1
Section 42
569
Zone Tables - adopted 12/04
Parts 6/7
Sections 43/50
Zoning Map
571
Fence height – adopted 12/04
Part 1
Section 34
573
Zoning Map – adopted 04/05
Schedule 1
Section 42
575
Zoning Map – adopted 12/04
Schedule 1
Section 42
577
Zone Tables - adopted 01/05
Parts 6/7
Sections 43/50
Zoning Map
585
Zoning Map – adopted 07/05
Schedule 1
Section 42
587
Zoning Map – adopted 07/05
Schedule 1
Section 42
590
Zone Tables - adopted 09/05
Parts 6/7
Sections 43/50
Zoning Map
599
Secondary Suites – adopted 10/06
Parts 1/6/7
Sections 2, 29,
40, 43, 45 & 47
603
Bare-land strata restrictions – adopted 07/05
Part 8
Section 56
622
Delete Board of Variance – adopted 02/06
Part 4
Sections 19/20
624
Latecomer charge interest rate – adopted 02/06
Part 8
Section 59
627
Riparian Areas Regulation – adopted 03/06
Part 7
Division 5
629
Building Height Requirements – adopted 09/07
Part 1
Section 2
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
Town of View Royal
LAND USE BYLAW, 1990, NO. 35
AMENDMENT BYLAWS
638
Local Commercial C-8 zone – 2311 Watkiss Way
641
Zone Tables – adopted 09/06
Part 6
Section 43
646
Zone Tables – adopted 01/07
Part 6
Section 43
Zoning Map
657
Secondary Suites revision – adopted 02/07
Parts 1/7
Sections 2/45
661
Zoning Map – adopted 03/07
Schedule 1
Section 42
662
Zoning Map – adopted 03/07
Schedule 1
Section 42
665
Zoning Map – adopted 04/07
Schedule 1
Section 42
679
Zoning Map – adopted 06/07
Schedule 1
Section 42
684
Zone Table/Secondary Suites – adopted 09/07
Parts 6/7
Sections 43/45
687
691
Parking Requirements – adopted 09/07
Part 7
Section 47
700
Comprehensive Development – CD-6 Zone – Casino
Part 6
Section 42
706
Comprehensive Development – CD-6 Zone – Casino
Part 6
Section 42
708
Comprehensive Development – CD12 Zone –Erskine Lane Part 6
Section 41
Zoning Table – adopted 06/2008
Part 6
Section 43
723
Definitions – adopted 11/08
Part 1
Section 2
One Family Residential (Medium Lot): R-1C
Part 6
Section 41
Zone Table/One Family Residential: R-1C
Part 6
Section 43(2)
Zoning Map – adopted 11/08
Schedule 1
Section 42
728
Zoning Table – adopted 03/2009
Part 6
Section 42
729
Development Application Procedures
Part 2/5/7
Section 6,7,8,
9,54
730
Development Procedures Bylaw
731
Comprehensive Development – CD-13- 347//349 Island Highway
Part 6 Section 41/43
Zoning Map – adopted 03/09
Schedule 1
Section 42
733
Zoning Map – adopted 09/09
Schedule 1
Section 42
739
Definitions – adopted 07/09
Part 1
Section 2
Fences
Part 6
Section 34
Village Commercial C-1
Part 6
Section 43
Village Service Commercial C-1A
Part 6
Section 43
Business Park Commercial: C-7
Part 6
Section 43
Local Commercial: C-8
Part 6
Section 43
Community Institutional: P-1
Part 6
Section 43
Comprehensive Development CD-13 – Island Highway
Part 7
Section 48
Comprehensive Development CD-8B & C
Part 7
Section 48
– Thetis Cove Waterfront
Comprehensive Development CD-9B & C
– Lakeside Village Mixed Commercial and Residential Part 7
Section 48
Comprehensive Development CD-10A
– Burnside Corner Comprehensive Development
Part 7
Section 48
Comprehensive Development CD-12- Erskine Lane
Part 7
Section 48
Comprehensive Development CD-8A, D & E
Part 7
Section 48
– Thetis Cove Waterfront
Comprehensive Development CD-9A
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
– Lakeside Village Mixed Commercial and Residential Part 7
Section 48
Comprehensive Development CD-10B & C
– Burnside Corner Comprehensive Development
Part 7
Section 48
Comprehensive Development CD-6A
Part 7
Section 48
Park and Recreational P-3
Part 7
Section 48
Public Use P-4
Part 7
Section 48
Public Transportation P-6
Part 7
Section 48
Designated Highway
Part 7
Section 54
738
Village Commercial C-1
Part 6
Section 43
739
Definitions – adopted 07/09
Part 1
Section 2
750
Comprehensive Development – CD-14
Part 6
Section 41
Zone Tables – adopted 08/09
Part 6
Section 43
Comprehensive Development CD-14 Hallowell
Part 7
Section 48
Zoning Map – adopted 08/09
Schedule 1
Section 42
752
Definitions
Part 1
Section 2
Accessory Buildings
Part 6
Section 32
Fences
Part 6
Section 34
Yards
Part 6
Section 35
Home Occupation
Part 6
Section 40
Special Regulations and Zone Tables
Part 6
Section 43
754
Comprehensive Development – CD-14
Part 6
Section 41
Zoning Table – Adopted 12/09
756
Zoning Map – adopted 04/10
Schedule 1
Section 42
758
One Building on Any One Lot
Part 6
Section 31
759
Zone Table – adopted 04/14
Part 6
Section 41
Zoning Map – adopted 04/14
Schedule 1
Section 42
761
Prohibited Use Wording – adopted 03/10
Part 6
Section 29(1a)
Keeping of Chicken and Bees – adopted 03/10
Part 6
Section 40.3
765
Comprehensive Development – CD-16
Part 6
Section 41
Zone Table – adopted 04/10
Part 6
Section 43(2)
Zoning Map – adopted 04/10
Schedule 1
Section 42
Comprehensive Development CD-16 Mill Hill Residential Part 7
Section 48
771
Addition of accessory bldg. subsection
Part 6
Section 32
779
Community Institutional P-1
Part 6
Section 42
787
Comprehensive Development – 17: CD-17
Part 6
Section 43(2)
790
Comprehensive Development – 18: CD-18
Part 6
Section 41
Zone Table – adopted 04/12
Part 6
Section 43(2)
Comprehensive Development – 18: CD-18
Part 7
Section 48
Comprehensive Development – 18: CD-18
Schedule 1
Section 42
793
Comprehensive Development – 19: CD-19
Part 6
Section 41
Zone Table – adopted 04/11
Part 6
Section 43(2)
Comprehensive Development – 19: CD-19
Part 7
Section 48(2)
Zoning Map – adopted 04/11
Schedule 1
Section 42
796
Definitions – adopted 03/11
Part 1
Section 2
Regional Park Use: P-7
Part 6
Section 41
Zone Table – adopted 03/11
Part 6
Section 43(2)
Regional Park Use: P-7
Part 7
Section 48
Regional Park Use: P-7
Schedule 1
Section 42
800
Park and Recreation: P-3
Schedule 1
Section 42
805
Comprehensive Development: CD-5A
Schedule 1
Section 42
810
Utility Corridor: P-8
Part 6
Section 41
Zone Table – adopted 10/11
Part 6
Section 43(2)
816
Local Institutional – P-9
Part 6
Section 41
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
Zone Table – adopted 07/12
Part 6
Section 43(2)
819
Sub-Zone CD-10A – Medium Density Residential
Part 6
Section 43(2)
833
Zoning Map – adopted 07/12
Schedule 1 Section 42
835
Zoning Map – adopted 07/12
Schedule 1
Section 42
836
Zone Table amendment
Part 6
Section 43(2)
837
Attached Residential: RT-1
Part 6
Section 41
Zone Table – adopted 10/12
Part 6
Section 42(2)
838
Zoning Map – adopted 10/12
Schedule 1
Section 42
844
Mixed Residential – RM-3
Part 6
Section 41
845
Part 8 Subdivision and Development
Part 8
845
Schedules 6B, 7, 8A, 8B, 9, 10 and 14
849
Comprehensive Development – 20: CD-20
Part 6
Section 41
Comprehensive Development – 20 (Eagle Creek)
Part 7
Section 48(2)
Zoning Map – adopted 07/13
Schedule 1
Section 42
Definitions
Part 1
Section 2
857
Definitions
Part 1
Section 2
Public Safety – P-10
Part 6
Section 41
Zone Table – adopted 04/13
Part 6
Section 43(2)
Public Safety: P-10
Part 7
Section 48
Zoning Map – adopted 04/13
Schedule 1
Section 42
858
Zone Table – adopted 04/13
Part 6
Section 43(2)
860
Brew Pub: C-9
Part 6
Section 41
Zone Table – adopted 07/13
Part 6
Section 43(2)
Brew Pub: C-9
Part 7
Section 48(2)
Zoning Map – adopted 07/13
Schedule 1
Section 42
880
Zone Table – adopted 02/14
Part 6
Section 43(2)
Zoning Map – adopted 02/14
Schedule 1
Section 42
Regulations
Part 6
Section 40(2)
Parking
Part 7
Section 45(3)
884
Zoning Map – adopted 03/14
Schedule 1
Section 42
894
Permits
Part 5
Zoning
Part 6
Parking, Flood Plain, Riparian Areas Regulation
Part 7
Zoning Map – adopted 09/14
Schedule 1
Section 42
Tree Cutting Permit
Schedule 6B
Off-Street Parking Covenant
Schedule 7
Deposit or Remove Soil
Schedule 15
943
Definitions
Part 7
Section 48(1)
Commercial Real Estate Signs
Part 7
Section 48(7)(h)
Sign Schedule
Part 7
Section 50(2)
Sign Zones
Part 7
Section 48(2)
958
Development Processing Fees – adopted 01/17
Schedule 13
Inspection and Supervision – adopted 01/17
Part 8
Section 65(3)
Screen Schedule – adopted 01/17
Part 7
Section 54(3)
Security – adopted 01/17
Part 8
Section 67(1)
Security – adopted 01/17
Part 8
Section 67(5)
Temporary Signs – adopted 01/17
Part 7
Section 48.7.d.ii
985
Subdivision and Development
Part 8
Subdivision Servicing Agreement
Schedule 8A
Development Servicing Agreement
Schedule 8B
Developers Agreement Security
Schedule 9
992
Division 2 – Signs – adopted 05/18
1057
Division 3 – Screening – adopted 11/20
i
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
INDEX
PART 1 INTERPRETATION
PAGE
1.
Title
1
2.
Definitions
2
PART 2 ADMINISTRATION AND PUBLIC INFORMATION
3.
Application
14
4.
Inspection
14
5.
Direct Enforcement
14
6.
Bylaw Amendment and Permit Applications
14
7.
Fees
14
8.
Public Hearing
14
9.
Notice of Hearings
14
10.
Severability
14
PART 3 COMPLIANCE
11.
Permitted Uses
16
12.
Siting, Size and Dimension of Building and Structures
16
13.
Off-Street Parking and Loading
16
14.
Permitted Number of Buildings
16
15.
Subdivision and Development of Land
16
16.
Undersized Existing Lots Regulations
17
16.A
Rebuilding of Damaged Non-conforming Buildings & Structures
17
17.
Violations
17
18.
Penalty
17
PART 4 BOARD OF VARIANCE
19.
See Board of Variance Bylaw 2006 No. 623
18
20.
18
PART 5 PERMITS
DIVISION 1 DEVELOPMENT PERMITS
21.
See Bylaw No. 894, 2014
19
22.
19
DIVISION 2 DEVELOPMENT VARIANCE PERMITS
23.
See Bylaw No. 894, 2014
19
DIVISION 3 TREE CUTTING PERMITS
24.
See Bylaw No. 894, 2014
19
25.
19
DIVISION 4 PERMIT PROCEDURES
26.
See Bylaw No. 894, 2014
19
27.
19
28.
19
PART 6 ZONING
ii
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
DIVISION 1 GENERAL REGULATIONS
29.
See Bylaw No. 894, 2014
20
30.
20
31.
21
32.
21
33.
22
34.
22
35.
22
36.
23
37.
23
38.
23
39.
24
40.
24
40.1
25
40.2
26
40.3
26
DIVISION 2 ZONE CATEGORIES
41.
See Bylaw No. 894, 2014
27
42.
28
43.
28
30
31
32
33
34
35
36
38
40
42
44
46
48
49
50
51
52
58
60
62
64
66
69
72
75
78
83
88
90
91
93
94
95
iii
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
96
97
98
99
PART 7 PARKING, SIGNS, SCREENING AND FLOOD PLAIN
DIVISION 1 PARKING
44.
See Bylaw No. 894, 2014
101
45.
101
46.
104
47.
104
DIVISION 2 SIGNS
48.1
See Bylaw No. 992, 2018
108
48.2
110
48.3
111
49.
119
50.1
120
50.2
121
50.3
121
DIVISION 3 SCREENING
51.
See Bylaw No. 1057, 2020
123
52.
123
53.
123
54.
124
DIVISION 4 FLOOD PLAIN
55.
See Bylaw No. 894, 2014
125
DIVISION 5 RIPARIAN AREAS REGULATION
55a
See Bylaw No. 894, 2014
125
PART 8 SUBDIVISION AND DEVELOPMENT
DIVISION 1 GENERAL CONDITIONS AND REQUIREMENTS
56.
See Bylaw No. 985, 2017
126
57.
127
58.
128
59.
129
60.
130
61.
133
62.
133
63.
134
DIVISION 2 DESIGN AND CONSTRUCTION REQUIREMENTS
64.
See Bylaw No. 985, 2017
139
65.
139
66.
139
67.
140
68.
140
69.
140
70.
142
71.
142
iv
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
72.
143
SCHEDULES
1.
Zoning Map
6B.
Application For A Tree Cutting Permit
147
7.
Off-Street Parking Covenant
151
8A.
See Bylaw No. 985, 2017
154
8B.
See Bylaw No. 985, 2017
158
9.
See Bylaw No. 985, 2017
163
10.
Right-of-Way Agreement
165
13.
Development Processing Fees
172
14.
Application for Access Permit
173
15.
Application for a Permit to Deposit or Remove Soil
175
1
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
LAND USE BYLAW, 1990, NO. 35
PART 1
INTERPRETATION
TITLE
1.
This Bylaw may be cited for all purposes as Land Use Bylaw, 1990, No. 35 and Schedules 1 to
15 and A and B are a part hereof.
(Amendment Bylaw, 1994, No. 184)
2.
The following Bylaws are hereby repealed as of the date of adoption of the Bylaw:
A)
The Capital Regional District Bylaw, being the "View Royal Zoning Bylaw, 1979, No. 599"
and all amendments thereto.
B)
The Capital Regional District Bylaw, being the "View Royal Subdivision Bylaw, 1979, No.
651" and all amendments thereto.
C)
The Capital Regional District Bylaw, being the "View Royal Sign Bylaw, 1988, No. 1655"
and all amendments thereto.
D)
The Town of View Royal Bylaw, being "Board of Variance Bylaw, 1988, No. 5".
READ A FIRST TIME THIS
17TH
DAY OF
APRIL
, 1990
READ A SECOND TIME THIS
2ND
DAY OF
JUNE
, 1990
PUBLIC HEARING HELD THIS
19TH
DAY OF
JUNE
, 1990
READ A THIRD TIME THIS
26TH
DAY OF
JUNE
, 1990
APPROVED BY THE MINISTER OF
TRANSPORTATION AND HIGHWAYS THIS
25TH
DAY OF
JUNE
, 1990
RECONSIDERED, FINALLY PASSED AND ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND
THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 31ST DAY OF
JULY, 1990
(ORIGINAL BYLAW SIGNED BY MARJORIE ALDERSMITH, MAYOR
AND DAVID CHRISTENSEN, CLERK/ADMINISTRATOR)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
2
All persons making use of this consolidation are reminded that it has no legislative sanction
DEFINITIONS
2.
In this Bylaw, unless the context
otherwise requires:
"Acceptance" means the final approval of the
Works acknowledged by the issuance of a
written Certificate of Acceptance of the Works
signed by the Approving Officer following
completion and following the warranty period for
the Works. (Amendment Bylaw, 1994, No. 184)
"Accessory" means a use which is customarily
incidental, subordinate and exclusively devoted
to the principal use on the lot. (Amendment
Bylaw, 2009, No. 752)
“Accessory Building” means a building devoted
to an accessory use. (Amendment Bylaw,
2009, No. 752)
“Adult Entertainment” means any business use
in which films, movies, videos or live shows of a
pornographic nature are played or performed for
the public on the premises.
(Amendment Bylaw, 2001, No. 440)
"Agricultural Use" means a use providing for
growing, rearing, producing and harvesting of
agricultural products; includes the storage and
sale on an individual farm of the products
harvested, reared, or produced on that farm and
the storage of farm machinery, implements and
supplies, and repairs to farm machinery and
implements used on that farm; specifically
excludes all manufacturing, processing, storage
and repairs not specifically included in this
definition, livestock and poultry processing,
piggery use, feed lots, and mink farms.
”Amusement Arcades” means a building or part
of a building in which three or more coin or
token-operated machines, games or other
devices are provided for public amusement.
(Amendment Bylaw, 1996, No. 311)
"Applicant" means a person applying for the
approval of a subdivision or a permit whether as
the owner of the property proposed to be
subdivided or developed, or as agent for the
owner.
"Approval, Final" means the Approving Officer's
affixing his signature to the subdivision plan
pursuant to s.88 of the Land Title Act.
"Approval, Preliminary Layout Consideration"
means written notification of a review of
information presented to the Approving Officer
previous to submission of a subdivision plan for
final approval.
"Approving Officer" means the Clerk or any
person duly authorized by the Municipal Council
to act as Approving Officer pursuant to the
provisions of the Land Title Act and Municipal
Act.
"Arterial Highway" means a major highway
serving as a major traffic route between areas of
the Municipality.
"Assembly Use" means a use providing for the
assembly of persons for religious, charitable,
philanthropic,
cultural,
private
educational
purposes; includes auditoriums, youth centres,
social halls, and churches.
“Assisted
Living
Apartment”
means
an
apartment use where food, housekeeping,
personal service and/or nursing care are
provided in addition to the residential use.
(Amendment Bylaw, 2007, No. 646)
“Attic” means the space above the ceiling of the
uppermost building storey. (Amendment Bylaw,
2009, No. 752)
“Automotive Sales, New” means the retail, fleet
and lease sales and rental of new vehicles, and
shall allow for the sale of used vehicles and the
repair and servicing of vehicles only as
accessory uses to the principal retail or rental
use, provided that the number of recreational
vehicles, mobile homes and boats permitted to
be displayed for sale, lease or rental as an
accessory use shall not exceed 10% of the total
vehicles on display on the site.
(Amendment Bylaw, 1998, No. 340)
“Back-lit Sign” means any sign designed to give
forth artificial light from a source either within or
behind the sign structure.
(Amendment Bylaw, 1998, No. 330)
"Basement" means that portion of a building
between two floor levels which is partly below
grade. (Amendment Bylaw, 2009, No. 752)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
3
All persons making use of this consolidation are reminded that it has no legislative sanction
"Bed & Breakfast" means the provision of nightly
accommodation and breakfast for travellers in a
private dwelling unit.
"Boarders & Lodgers" means a person who, in
return for consideration has his place of
residence in a separate or shared sleeping room
in a dwelling unit, and who is not a member of
the family.
"Boulevard" means that a portion of a highway
between the curb lines or the lateral boundary
lines of a roadway and the adjoining property or
between curbs on median strips or islands, but
does not include curbs, sidewalks, ditches or
driveways.
"Buffer Zone" means a natural strip of land to
screen view and sound.
(Amendment Bylaw, 1994, No. 184)
"Building" means a structure located on the
ground which is designed, erected or intended
for the support, enclosure or protection of
persons, animals or property. For the purpose
of this Bylaw vehicles shall not be considered to
be buildings.
"Building Bylaw" means Town of View Royal
Building
Bylaw,
1989,
No.
18,
and
all
amendments.
"Building Inspector" means the person duly
appointed as such from time to time by the
Council and includes any person designated by
the Inspector to act on his behalf.
"Building Permit" means a permit issued
pursuant to the Municipality's Building Bylaw.
"Building
Regulations"
means
regulations
regarding the construction of buildings by the
current Building Bylaw of the Municipality and as
authorized by s.694, and s.692 of the Municipal
Act.
"Building Width" means the lesser of the two
horizontal dimensions of a building or structure
and in the case of a mobile home means the
width of the mobile home exclusive of any
structural additions attached thereto which were
not a part or intended to be a part of the mobile
home when it was manufactured.
“Café” means the use of a building or structure
which is primarily engaged in the sale of coffee,
tea and light refreshments, but may include a
limited selection of pre-prepared or rapidly
prepared food served directly to customers at a
walk-up counter for consumption on or off the
premises.
(Amendment Bylaw, 2000, No. 404)
"Campground"
means
a
facility
approved
pursuant to the "Camp-sites Regulations" of the
Health Act, for the temporary accommodation of
travellers; specifically excludes a Mobile Home
Park.
“Carport” means a building or structure or part
thereof, more than forty (40) percent of the area
of the perimeter faces of which is open and
unobstructed by any wall, door, post or pier, for
the parking or temporary storage of a motor
vehicle.
(Amendment Bylaw, 2007, No. 657)
“Casino” means a building used for gaming
activities.
(Amendment Bylaw, 2000, No. 382)
"Cellar" means that portion of a building
between two floor levels which is partly or wholly
underground and which has more than one-half
of its height from finished floor to finished ceiling
below natural grade.
"Child Care Facility" means a facility licensed
and used as a Child Care Facility pursuant to
the Community Care Facility Act.
"Church" means a building wherein persons
regularly assemble for religious worship and
which is maintained and controlled by a religious
body organized to sustain public worship.
"Civic Use" means the use of land, buildings or
structures for municipal offices and services,
and which may include cultural, recreational,
athletic, convention and entertainment facilities
owned and/or operated by a governmental
agency.
(Amendment Bylaw, 2000, No. 401)
"Clerk" means the Clerk of the Municipality.
"Club" means the premises of a social, service,
or recreational club.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
4
All persons making use of this consolidation are reminded that it has no legislative sanction
"Collector Highway" means a highway serving
several local highways and may serve as a
connector between neighbourhoods.
"Combined Commercial and Residential Use"
means one commercial use combined in a
building with one dwelling unit, with the
commercial use having a separate outside
entrance, except where the use is gasoline
service station or motel, in which case the
dwelling unit may be in a separate building from
the commercial use.
"Commercial Crossing" means a driveway
crossing which provides vehicular access to the
parking and loading areas of any lot zoned
and/or used for commercial, industrial or
institutional purposes.
(Amendment Bylaw, 1994, No. 184)
“Common Access Road” means any private on-
site roadway within a common lot strata
Attached Residential and Apartment Residential
development.
(Amendment Bylaw, 1996, No. 283)
“Common Amenity Area” means indoor or
outdoor space designed for active or passive
recreational use within the boundaries of a
residential development site, and may include
natural greenspace area, landscape area,
patios, communal lounges, children’s play area
and similar uses, but does not include any area
occupied at grade level by a building’s service
areas, parking lots, manoeuvring aisles or
access driveways.
(Amendment Bylaw, 1996, No. 311)
“Common Property Access Route” means those
portions of the common property in a bare land
strata intended to provide vehicular access to
the strata lots” (Amendment Bylaw 2009, No.
739)
"Community Care Facility" means a facility
licensed pursuant to the Community Care
Facility Act.
"Community Sewer System" means a sewage
collection and disposal system that is owned
and operated by a municipality or regional
district.
"Community Water System" means a system of
waterworks owned and operated by a water
district,
municipality,
regional
district,
improvement district or a water utility as defined
in the Water Utility Act.
"Complete" or "Completion", when used with
respect to the Works shall mean completion of
the Works by the Developer to the standards
and specifications set out in this Bylaw, as
acknowledged by the issuance of a Certificate of
Completion signed by the Approving Officer.
(Amendment Bylaw, 1994, No. 184)
“Concealed Parking” means any space or area
that is used for the parking and movement of
motor vehicles and is contained above grade
entirely within a building or structure in such a
manner as to ensure that the area so used is not
visible from outside the building or structure.
(Amendment Bylaw, 1998, No. 340)
“Conference
Centre”
means
a
separate
establishment, or an area within the premises of
a principal commercial, institutional or residential
building, used for the holding of conventions,
seminars,
workshops
or
similar
activities,
including
dining facilities for the
use of
participants, as well as compatible accessory
facilities.
(Amendment Bylaw, 2005, No. 577)
"Consulting Engineer" means a professional
engineer registered in the Province of B.C. and
retained by the Developer to act on the
Developer's behalf.
(Amendment Bylaw, 1994, No. 184)
"Corner Lot" means a lot abutting a combination
of two or more roadways and / or common
property access routes where the lot lines form
an
interior
angle
of
less
than
135°.
(Amendment Bylaw, 2009, No. 739)
"Council" means the Municipal Council of the
Town of View Royal.
“Crawl Space” means the space immediately
above the ground seal
(a) with a ceiling not more than 1.2m (4ft)
above grade; and
(b) a floor to ceiling height, as measured
from the ground seal to underside of the
floor joists of the storey above, not more
than 1.5m (5ft) high for at least 20% of
the crawl space; and
Consolidated Version of
Land Use Bylaw, 1990, No. 35
5
All persons making use of this consolidation are reminded that it has no legislative sanction
(c) where crawl space floor to ceiling height
exceeds 1.5m (5ft) the floor must be
sloping a minimum of 10% and the floor
must be at natural grade.
(Amendment Bylaw, 2009, No. 752)
"Cul-de-Sac" means a highway which terminates
with a vehicular turning area.
"Developer" means the subdivider or improver of
land or his contractor or his agent appointed in
writing.
"Development" means the improvement of land
pursuant to a Building permit.
"Development Permit Area" means an area
designated in the Official Community Plan which
can be developed only in accordance with a
development permit issued by the Council
according
to
the
special
conditions
and
regulations for development of any property
within the area.
"Driveway" means that portion of a lot that
provides access to parking or loading spaces
within the lot and is considered to be the
extension of the lot's driveway crossing.
(Amendment Bylaw, 1994, No. 184)
"Driveway
Crossing"
means
the
improved
section of a curb, sidewalk or boulevard
constructed to provide vehicular access to one
or more lots from any highway.
(Amendment Bylaw, 1994, No. 184)
“Drive-In Restaurant” means a restaurant or
eating establishment which is designed to
provide, either wholly or in part, service to
customers situated outside the confines of a
building in an automobile parked or momentarily
stopped on the same site.
(Amendment Bylaw, 1999, No. 311)
"Dwelling Unit" means one or a self-contained
set of inter-connected rooms for the use of one
or more persons living together as a single
domestic unit, sharing cooking, eating, living,
sleeping and sanitary facilities and having only
one room equipped for the preparation and
cooking of food.
“Enclosed Portion of a Building” means a roofed
part of a building that has more than 60% of the
total perimeter enclosed by wall, door, glass,
post, pier, or screen, except a railing required by
the British Columbia Building Code is not
considered part of the perimeter enclosure.
(Amendment Bylaw, 2009, No. 752)
"Enclosed Underground Parking Space" means
any space or area that is used or intended to be
used for the parking and movement of motor
vehicles and is contained entirely within a
structure below natural grade.
(Amendment Bylaw, 1994, No. 196)
"Excess or Extended Services" means a portion
of a highway, water, sewer or drainage system
that will provide access to, or will serve, land
other than the land being subdivided or
developed.
"Family" means one or more persons related by
blood or marriage or up to three unrelated
persons jointly occupying a dwelling unit.
"Family Resource Centre" means a centre
providing counselling services to the residents of
the community, including offices and meeting
space.
"Fence" means a railing, paling, trellis, tower,
retaining wall or other screening, or combination,
thereof, not being a building or vegetation,
forming a boundary or enclosing some area.
(Amendment Bylaw, 2009, No. 752)
"Fill" means soil, sand, gravel, rock or other
clean material free of un-decomposed organic
matter.
(Amendment Bylaw, 1994, No. 184)
"First Storey" means the storey above the slab
on grade, basement or crawl space of the
building. (Amendment Bylaw, 2009, No.
752)
“Float Home” means a house-like structure built
on a floatation system, not primarily intended or
usable for navigation on water but intended for
human habitation.
(Amendment Bylaw, 2003, No. 521)
"Floor Area" means the total area of all
basements, storeys, and half-storeys of all
enclosed portions of all buildings on a parcel as
measured to the exterior of the buildings’
sheathing or foundation except
a) Floor Area does not include
Consolidated Version of
Land Use Bylaw, 1990, No. 35
6
All persons making use of this consolidation are reminded that it has no legislative sanction
(i) Any space or storage room located
within the framing of the roof
where the floor to ceiling or roof rafter
height is not more than 1.5m(5ft)
throughout
the
entire
space
or
storage room
(ii) Open spaces within a building that
occur in association with lofts,
stairways, vaulted ceilings, rooms or
hallways that are open to above, or
other similar open areas
(iii) Carports, elevator shafts, rooftop
stairwells or rooftop enclosures for
heating,
ventilation
or
air
conditioning equipment.
(iv) Underground parking
b) Floor Area within a half-storey is measured to
the interior face of pony walls.
(Amendment Bylaw, 2009, No. 752)
"Floor Space Ratio" means the ratio which the
total floor area of a building bears to the area of
the lot on which the building stands.
“Food concession” means the use of building,
mobile cart, mobile trailer or vehicle for the
preparation and sale of food and drinks to
pedestrians located outside, but does not
include the sale of alcohol.
(Amendment Bylaw, 2011, No. 796)
"Frontage" means that length of a lot boundary
which immediately adjoins a highway other than
a lane or walkway.
“Gaming” means any banking or percentage
game of chance played with cards, dice or any
mechanical device or machine for money or
other items of value, and located exclusively
within a casino.
(Amendment Bylaw, 2000, No. 382)
“Garage” means a detached accessory building
or portion of a principal building the perimeter
faces of which are at least sixty (60) percent
enclosed, whose intended use is for the parking
or temporary storage of motor vehicles and in
which there are no facilities for repairing or
servicing such vehicles.
(Amendment Bylaw, 2007, No. 657)
"Gasoline Service Station" means any building
or land used or intended to be used for the retail
sale of motor fuels and lubricants and may
include, as accessory uses, the servicing and
minor repair of motor vehicles and the sale of
automobile accessories, but shall not include
motor vehicle body work, painting or major
repairs.
“Grade” means the average natural grade or
average finished grade, whichever is lower,
immediately adjoining, or immediately below,
each exterior wall of a building, except
(a) localized natural depressions,
(b) localized depressions no wider than
10m for vehicle entrances, or
(c) localized depressions no wider than
5m for pedestrian entrances,
need not be considered in average grade
calculations.
(Amendment Bylaw, 2009, No. 752)
“Grade, Finished” means the final elevation of the
ground surface after development.
(Amendment Bylaw, 2006, No. 629)
"Grade, Natural" means the elevation of the
ground surface of land prior to any disturbance,
alteration, excavation or filling.
(Amendment Bylaw, 2006, No. 629)
“Greenspace,
Landscaped”
means
any
unobstructed permeable area which is suitable
for the growing and maintenance of grass,
flowers, shrubs and trees, but does not contain
any of the following:
•
buildings or structures;
•
private driveways or roadways;
•
off-street parking area;
•
garbage pick-up or loading area;
•
surface drainage facilities;
•
surface material comprised of asphalt,
concrete, tile, metal, wood or similar
materials.
(Amendment Bylaw, 1998, No. 340)
“Greenspace, Natural” means any area retained
in a natural state such that existing trees,
vegetation and soil remain undisturbed by
development.
(Amendment Bylaw, 1998, No. 340)
"Half Storey" means that portion of any building
wholly or partly within the framing of the roof,
where the floor area of the storey is not more
than 70% of the floor area of the first storey.
(Amendment Bylaw, 2009, No. 752)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
7
All persons making use of this consolidation are reminded that it has no legislative sanction
"Height" means the vertical distance of a building
or structure measured from grade to the highest
point of the building or structure having a flat roof
or of a roof with a pitch less than 3:12, including a
mansard roof, and to the midpoint between the
eaves and ridge of a gable, hip, gambrel or other
sloping roof on the building. Where a building or
structure incorporates a roof exceeding a pitch of
12:12, a barrel vaulted roof structure, or in the
case of a structure without a roof, height shall be
measured from grade to the highest adjacent
point of the structure. The measurement of
height shall exclude the projection of chimneys,
vents, stacks, heating, ventilation, air conditioning
equipment, stairwells, and elevator lifting devices
which protrude above the surrounding roof line.
Notwithstanding the use of average finished
grade in determining height, the height of building
or structure on the down-slope side of the
building shall not exceed a neight more than 2.5m
higher than the maximum height permitted in the
zone table.
(Amendment Bylaw, 2009, No. 752)
"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.
"Hospital" has the meaning assigned thereto by
the Hospital Act.
"Hospital
Hostel"
means
transient
accommodation operated by a non-profit society
available only to those persons visiting or
accompanying friends or relatives receiving care
and treatment at a Hospital.
"Hotel" means a building intended for the
temporary accommodation of travellers, in which
each sleeping unit contains its own sanitary
facilities.
"Industrial Uses" means an industry that is not
noxious or offensive to the public in general or to
the immediate neighbourhood thereof by reason
of the emission of odour, dust, smoke, gas
noise, vibration, glare, or electrical disturbance,
and excludes auto wrecking yards, refuse and
garbage dumps.
"Kennel"
means
any
building,
structure,
compound, group of pens or cages or property
in which or where four or more dogs or cats are
or are intended to be trained, cared for, bred,
boarded, or kept for any purpose whatsoever. A
dog or cat means a member of the canine or
feline species respectively which is four or more
months of age.
“Laboratory Facility" means a facility used for
conducting
scientific
or
medical
research,
experimentation or diagnostic work
(Amendment Bylaw, 2006, No. 638)
"Landscape Screen" means an opaque visual
barrier formed by a row of shrubs or trees, wood
fence, masonry wall or other suitable material or
combination thereof.
(Amendment Bylaw, 1994, No. 184)
"Landscaping" means the planting of lawns,
shrubs and trees, and the addition of fencing,
walks, drives, or other structures and materials
used in landscape architecture.
"Lane" means a highway more than 3 metres
but not greater than 8 metres in width, intended
to provide "secondary" access to parcels of land,
but a lane is not a partial highway.
“Licensed Retail Store” means a building or part
thereof where beer, wine and liquor are offered
for sale and includes the enclosed storage of
limited quantities of such items sufficient only to
service such a store. Licensed retail stores must
be operated by the holder of an existing primary
liquor licence issued in accordance with the
Liquor Control and Licensing Act.
(Amendment Bylaw, 2004, No. 540)
“Light Manufacturing” means the manufacture
and assembly of finished products for retail sale
to consumers and wholesale distribution to retail
stores.
(Amendment Bylaw, 1998, No. 340)
“Live-aboard Vessel” means any vessel intended
for use in navigation on water and used
incidentally for human habitation, which may or
may not be dependent on shore facilities.
(Amendment Bylaw, 2003, No. 521)
“Live/Work Studio” means a commercial use
combined with a residential use in such a
manner that the residential and commercial uses
constitute a single occupancy of the premises,
and have no employees other than persons who
are residents in the premises. The commercial
Consolidated Version of
Land Use Bylaw, 1990, No. 35
8
All persons making use of this consolidation are reminded that it has no legislative sanction
use within a live/work studio shall be limited to
the following uses only:
a)
Bed and breakfast facility limited to
two rental rooms;
b)
Business and professional office;
c)
Craft studios, including but without
limiting the generality of the foregoing: painting,
printing, photography, pottery and ceramics,
sculpture, carvings, ornamental or art glass, and
excluding boat building and auto refurbishing;
d)
Day care providing care to not more
than five children at a time;
e)
Educational tutoring;
f)
Garment
making
and
the
manufacture
of
small
leather
goods,
but
excluding the tanning or curing of leather;
g)
Jewellery manufacturing;
h)
Personal
service
establishments
including, but without limiting the generality of
the foregoing: optical or watch repair shop,
photographic studio and shoe repair;
i)
Post office;
j)
Printing,
publishing,
desktop
publishing and bookbinding;
k)
Repair of minor household goods,
including computers; and
l)
Retail sale of goods manufactured
within a live/work studio.
(Amendment Bylaw, 2005, No. 590)
"Livestock" means rabbits, goats, sheep, swine,
horses, cattle, poultry kept for the purpose of
providing meat or eggs, or fur bearing animals
as defined in the Fur Farm Act.
"Local Highway" means a highway within a
residential neighbourhood and not intended to
carry traffic from one neighbourhood to another.
"Lodgers and Boarders" see Boarders and
Lodgers.
"Lot" means the smallest unit into which land is
subdivided as shown on the records of the Land
Title Office, including strata lots.
"Lot Coverage" means the percentage of the lot
area covered by buildings and structures.
"Lot Line" means the legally defined limits of any
lot, and in particular:
(a)
Front Lot Line mean the shortest lot line
on a corner lot or any other lot that
divides the lot from a roadway or
common property access route which,
when considering front yard setbacks,
results in buildable lot area, and in the
case of panhandle lot, the front lot line
shall be deemed to be any lot line
adjoining
and
approximately
perpendicular to the access strip, but
excluding any lot line in the access strip.
(Amendment Bylaw 2009, No. 739)
(b)
Flanking Lot Line means any lot line that
divides the lot from a roadway or
common property access route, other
than the front lot line.
(Amendment Bylaw 2009, No. 739)
(c)
Side Lot Line means a lot line other than
a front or rear lot line.
(d)
Rear Lot Line means the lot line
opposite to and most distant from the
front lot line or in the case of a triangular
shaped lot, a line 3m (9.ft) in length
entirely within the lot, parallel to and at a
maximum distance from the front lot
line.
(Amendment Bylaw 2009, No. 739)
"Lot Depth" means the shortest horizontal
distance between the front and rear lot lines.
"Lot Width" means the same as "frontage" under
s.944 of the Municipal Act and is defined as the
horizontal distance between side lot lines
measured at right angles to the lot depth and 7
metres from the front lot line to the rear lot line.
(Amendment Bylaw, 1992, No. 109)
"Marina" means the use of land or surface of the
water for the sale and/or rental of boats, docking
berths, marine engines and marine supplies.
"Marine Business" means the sale of boats and
supplies related to boats and the repair and
servicing of boats.
“Marine Commercial” means commercial or
mixed residential and commercial uses that are
placed on the foreshore and/or water surface,
either as a floating structure or fixed by way of
pilings. No vessel fuelling station or other
petroleum product sales shall be permitted.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
9
All persons making use of this consolidation are reminded that it has no legislative sanction
Marine Commercial uses shall be limited to the
following:
a)
Bed and breakfast facility limited to
two rental rooms;
b)
Mixed commercial and residential;
c)
Retail commercial;
d)
Office space limited to businesses
predominantly oriented to marine consulting;
marine activities or marine tourism activities; and
e)
Restaurant,
excluding
fast-food
restaurants.
(Amendment Bylaw, 2005, No. 590)
“Medical Clinic” means a building or structure
where
a)
one or more members of the medical
profession,
including
physicians,
dentists,
chiropractors, and veterinarians, and/or
b)
one or more members of health-related
professions
including
physiotherapists,
occupational therapists, massage therapists,
acupuncturists,
orthotists,
prosthetists,
naturopaths,
homeopaths,
and
dietitians,
provide diagnosis and treatment to the general
public or household pets without overnight
accommodation, and may include such ancillary
uses as reception areas, offices, consultation
rooms,
coffee
shops
and
pharmaceutical
dispensary, providing that all such ancillary uses
have access only from the interior of the clinic
building.
(Amendment Bylaw 849, 2012)
"Medical Health Officer" means the Medical
Health Officer appointed by the Capital Regional
District for the territorial jurisdiction of the area in
which a subdivision or development is located.
"Minor Residential Street" means any highway
which is not an arterial, major road or collector
road.
(Amendment Bylaw, 1994, No. 184)
"Mixed Commercial and Residential Use" means
one or more commercial uses combined in a
building with one or more dwelling units.
“Mobile
Business”
means
a
commercial
operation,
including
retail
of
food
and
beverages, or office use which is established at
a location on a temporary basis for a period of
time exceeding one hour and which may change
location from time to time through the use of
motorized transportation and which is not
located in a permanent building or structure.
(Amendment Bylaw, 2000, No. 403)
"Mobile Home" means a single family dwelling
unit equipped with a water-closet and a bath-tub
or shower, waste from which shall be disposed
of directly into a sewer, and manufactured as a
unit or units intended to be occupied on a year-
round, long term basis in a place other than
where it was manufactured. It may be designed
with detachable towing and touring gear and
upon arrival at the site, can be completed and
ready for occupancy except for placing on
foundations, connections of utilities and some
incidental
assembly;
and
must
meet
the
standards specified in the Canadian Standards
Association Standard Z-240 and A-277.
"Motel or Auto Court" means a building or
buildings, occupied or intended to be occupied
solely by transient motorists, each sleeping unit
of which has its own sanitary facilities with a
water closet, wash basin and bath or shower.
"Municipal Engineer" means the Engineer of the
Municipality appointed as such by the Municipal
Council or such other person as may, from time
to time, be duly appointed to act in his stead by
the Municipal Council.
"Municipality" means the Town of View Royal or
the area within the municipal boundaries thereof
as the context may require.
"Natural Boundary" means the visible high water
mark of any lake, river, stream, or other body of
water where the presence and action of the
water are so common and usual, and so long
continued as to mark on the soil of the bed of
the body of water a character distinct from that
of its banks, in vegetation and the nature of the
soil.
“Neighbourhood
Public
House”
means
an
establishment licensed as a neighbourhood pub
under the Liquor Control and Licensing Act
which provides for the sale and consumption of
alcoholic
beverages
and
accessory
food
products.
(Amendment Bylaw, 2005, No. 590)
"Non-Conforming Building or Use" means any
building or use already existing which does not
conform with all the applicable regulations of this
Bylaw.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
10
All persons making use of this consolidation are reminded that it has no legislative sanction
"Official Community Plan" means the plan
adopted by the Town of View Royal, 1990,
Bylaw No. 34.
"Owner" means the registered owner of an
estate in fee simple.
"Panhandle Lot" means any lot which is serviced
and gains access to a highway by means of a
narrow strip of land which is an integral part of
the lot (hereinafter called the "access strip").
"Parcel" has the same meaning as in the
Municipal Act.
"Park and Open Space" means any park, open
space, or playground which is used or intended
to be used for the recreation and enjoyment of
the public.
”Personal Service Establishment” means a
business use within a building or structure in
which services are provided that are specifically
related to the clothing or body of a person or
household pet, and includes, as an ancillary use
only, the retailing of items ancillary to the
provision of such service(s), but specifically
excludes massage (unless such use is ancillary
to a licensed aesthetic care facility), tattoo and
escort service.
(Amendment Bylaw, No. 459, 2002)
"Potable Water" means water which is approved
for drinking purposes by the Medical Health
Officer.
"Principal Building" means a building which
contains the chief or main use on a lot.
"Professional Engineer" means a person who is
registered or duly licensed as such under the
provisions of the Engineers Act.
"Proven Supply" means that a minimum of 2000
litres per day of potable water must be proven to
be available to the satisfaction of the Municipal
Engineer.
“Public Safety Facility” means a facility for safety
and emergency services, including the provision
of
police,
ambulance,
emergency
or
fire
protection services and related administrative,
training and operational use.
(Amendment Bylaw No. 857, 2013)
"Public Utility" means the lawful distribution or
distributor of electricity, gas, water, telephonic or
television signals under the Utilities Commission
Act, the Municipal Act or a Statute of Canada or
British Columbia.
“Recreational Facility” means a facility used and
equipped for the carrying on of sports or leisure
activities, specifically excluding amusement
arcades, dance halls and pool halls.
(Amendment Bylaw, 1996, No. 311)
“Recreational greenways” means trails that link
parks and other recreational spaces, and shall
include support facilities that are integral to
recreational use. Recreational trails may be
single or multi-use and are intended to provide
safe recreational opportunities for persons of all
ages and abilities.
(Amendment Bylaw, 2002, No. 470)
“Recreational Vehicle” means a vehicular type
portable structure without permanent foundation,
which can be towed, hauled or primarily designed
as
temporary
living
accommodation
for
recreational camping and travel use and including
but not limited to travel trailers, truck campers and
self propelled motor homes.
(Amendment Bylaw, 2006, No. 599)
"Residential
Apartment"
means
a
building
divided into not less than three dwelling units
other than Attached Residential; specifically
excludes a building used for a Hotel or Motel.
"Residential Attached" means a building (or
buildings) divided into not less than three
dwelling units with each dwelling unit having
direct
access
to
the
outside;
specifically
excludes a building used for a Hotel or Motel.
(Amendment Bylaw, 1994, No. 196)
"Residential Crossing, Low Density: means a
driveway crossing which provides vehicular
access to the parking and loading areas of any
lot zoned and/or used by single-family or two-
family dwelling.
(Amendment Bylaw, 1994, No. 184)
"Residential Crossing, Medium Density" means
a driveway crossing which provides vehicular
access to the parking and loading areas of any
lot zoned and/or used for multiple-family
residential use in excess of a two-family
dwelling.
(Amendment Bylaw, 1994, No. 184)
“Residential, Linked” means one of a pair of
single family residential detached dwellings
which have no apparent structural connection
Consolidated Version of
Land Use Bylaw, 1990, No. 35
11
All persons making use of this consolidation are reminded that it has no legislative sanction
above grade, but which are horizontally coupled
at the footing or foundation along not more than
one side of each such dwelling unit, provided
that for a horizontal distance of not more than 2
metres of its length, each such coupled side
may have that portion of its footing or foundation
which is not coupled.
(Amendment Bylaw, 1999, No. 362)
“Residential, Mixed” means development on a
site which combines single family residential use
with attached residential and/or linked residential
uses.
(Amendment Bylaw, 1999, No. 362)
"Residential Multiple Family" means a building
consisting of two or more dwelling units each of
which is occupied or intended to be occupied as
a permanent home or residence.
"Residential Single Family" means a building
consisting of one dwelling unit which is occupied
or intended to be occupied as the permanent
home or residence of one family, and containing
not more than one (1) set of cooking appliances.
(Amendment Bylaw, 1992, No. 109)
"Resource Development" means to harvest,
explore
for,
develop,
and
produce
wood
products, coal or mineral ore with related plant,
equipment, storage, repair and transportation
facilities and to develop and produce gravel and
related material in conjunction with mining or
forestry.
“Restaurant,
Carry-Out”
means
an
establishment in which the design of facilities,
serving and/or packaging procedures provide
solely for the purchase of prepared, ready-to-eat
food, in which the vast majority of customers do
not consume the food on the premises in which
it was purchased/obtained. To this effect,
seating within the establishment for the purpose
of consumption of foods on the premises shall
be limited to six seats. Consumption of foods in
motor vehicles on the premises/property is not
permitted. (Amendment Bylaw, 2000, No. 404)
“Restaurant,
Drive-In”
means
a
‘Café’,
‘Restaurant: Carry-Out’, ‘Restaurant: Drive-In’,
‘Restaurant: Fast-Food’, or ‘Restaurant: Full-
Service’, which provides in while or in part, by
design, physical facilities and/or service, the
opportunity for customers to obtain food or
beverages while remaining in their motor
vehicles.
(Amendment Bylaw, 2000, No. 404)
“Restaurant, Fast-Food” means the use of a
building or structure wherein the principal
business is the sale of pre-prepared or rapidly
prepared food which is ready for consumption by
the customer, is served or provided directly to
customers at a walk-up counter, and provides
for its consumption within the building or
structure or on the property through the
provision of seating, and/or within customer
vehicles parked on site.
(Amendment Bylaw, 2000, No. 404)
“Restaurant,
Full-Service”
means
an
establishment which is primarily engaged in
serving food and beverages to customers
seated at tables either inside or outside the
building for consumption on the premises, and,
as an accessory use only thereto, may also be
engaged in providing customers with take-out
service of food and beverages for off-site
consumption. The consumption of food or
beverages in motor vehicles on the premises is
not permitted.
(Amendment Bylaw, 2000, No. 404)
"Retail Sales" means the selling of goods and
services, excluding beer, wine and liquor,
directly to the consumer.
(Amendment Bylaw, 2004, No. 540)
“Retail Store” means a building or part thereof
where goods, wares, merchandise, processed
foods or other articles are offered for sale at
retail, and includes the enclosed storage of
limited quantities of such items sufficient only to
service such a store, but shall not include
premises from which beer, wine and liquor are
sold.
(Amendment Bylaw, 2004, No. 540)
"Roadway" means the portion of a highway that
is constructed, improved, designed or used for
vehicular traffic.
(Amendment Bylaw, 1994, No. 184)
"Screening" means a continuous opaque fence,
wall, compact evergreen hedge or combination
thereof, supplemented with landscape planting,
that would effectively screen the property which
it encloses, and is broken only for access
pedestrian and motor vehicle access.
“Secondary Suite” means an additional dwelling
unit that is entirely contained within a residential
single family use building and is located on the
same legal parcel as the residential single family
Consolidated Version of
Land Use Bylaw, 1990, No. 35
12
All persons making use of this consolidation are reminded that it has no legislative sanction
use with which it is associated, such that the
building containing the secondary suite is a single
real property entity.
(Amendment Bylaw, 2006, No. 599)
“Self-storage warehousing” means the provision
of rental space for the storage of domestic goods
of a non-offensive and non-hazardous nature
where the storage space offers the following
characteristics:
a) The renting customer has exclusive use of
the storage area;
b) The storage area is secured to prevent
access except by the renting customer;
c) The storage area is in a fixed location;
d) Access to each individual storage area shall
not require the use of a ladder;
e) The renting customer has unrestricted access
to the storage area only during open hours of the
facility;
f)
The transfer of goods into and out of the
storage area must be possible without reliance on
machinery.”
(Amendment Bylaw, 2004, No. 555)
"Service Business" means a business within a
building or structure engaged in providing
services for the public, including, without limiting
the generality of the foregoing:
a) establishments
for
trade
contractors
involved in building, electrical, painting,
plumbing, refrigeration, signs, heating and
air-conditioning, including ancillary storage
and administrative offices, but excluding
roofing and septic system trades;
b) repair and servicing of articles, goods and
materials as well as accessory retail sales or
rentals, ancillary storage and administrative
offices.
(Amendment Bylaw, 1996, No. 311)
"Service Club" means the meeting place of an
association of persons as a registered nonprofit
society for the purposes of providing services
and raising funds for community projects.
"Shopping Centre" means a group of retail
stores in one or more buildings designed as an
integrated unit.
"Shopping Centre, Neighbourhood" means a
shopping centre having a gross leasable area of
more than 100 m2 (1076 sq ft), but less than
1,000 m2 (10760 sq ft).
"Shopping
Centre,
Community"
means
a
shopping centre having a gross leasable area of
more than 1,000 m2 (10760 sq ft), but less than
6,000 m2 (64582 sq ft).
"Shopping Centre, Regional" means a shopping
centre having a gross leasable area of 6,000 m2
(64582 sq ft), or more.
“Soil” means soil, sand, gravel, rock, peat or
other substance of which land is composed.
(Amendment Bylaw, 1994, No. 184)
"Staff
Accommodation"
means
any
accommodation for employees of an industrial
enterprise
on
a
temporary,
seasonal,
or
permanent basis, and shall be considered a
form of residential multi-family for the purposes
of this Bylaw.
"Storage Yard" means an area outside of an
enclosed building where construction materials
and equipment, solid fuels, lumber and new
building
materials,
monuments
and
stone
products, public service and utility equipment, or
other materials, goods, products, equipment or
machinery are stored, baled, placed, piled or
handled, whether a principal or an accessory
use. A storage yard shall not include an
automobile wrecking yard or a junk yard.
"Storage of Vehicles" means the placing of
unlicensed vehicles located outside an enclosed
structure. (Amendment Bylaw, 1992, No. 109)
"Storage of Boats" means the placing on land of
a marine vessel(s) that meet any two of the
following conditions; fixed for more than 18
months, has a current or expired commercial
licence, or that is greater than 9.0 m long.
"Storey" means the space between a floor and
the ceiling or roof above, excluding basements,
crawl spaces, underground parking, attics, half-
storeys, rooftop stairwells, rooftop projections of
elevator lifting devices, or enclosures for rooftop
heating,
ventilation
or
air
conditioning
equipment.
(Amendment Bylaw, 2009, No. 752)
"Street Boundary" means any property line
abutting a highway.
(Amendment Bylaw, 1994, No. 184)
"Street Line" means the outside edge of the
roadway of any highway.
(Amendment Bylaw, 1994, No. 184)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
13
All persons making use of this consolidation are reminded that it has no legislative sanction
"Structure" means anything constructed or
erected, the use of which requires location on
the ground or attachment to something having
location on the ground, but does not include
(a) fences,
(b) walkways, driveways or parking lots,
or
(c) patios, decks or stairs no higher
than 0.3m (1ft) above finished or
natural grade, whichever is lower.
(Amendment Bylaw, 2009, No. 752)
"Subdivision" means any change in the existing
size, shape, number or arrangement of a lot or
lots, whether by plan, descriptive words or
otherwise.
"Surveyor" means a land surveyor licensed and
registered as a land surveyor in the Province of
British Columbia.
"Survey Plan" means a fully dimensioned legal
plan prepared by a surveyor for final approval.
"Temporary Construction Camp" means a facility
used to accommodate construction workers only
during the course of construction of a building to
accommodate a principal use on the lot.
"Top Soil" means a mineral soil with an organic
content between 10% and 20% humus by
volume.
(Amendment Bylaw, 1994, No. 184)
"Total Highway Frontage" means the sum of all
those boundaries of a lot which abut a highway.
(Amendment Bylaw, 1994, No. 184)
"T.V.R." means a device for receiving television
signals for domestic purposes.
“Underground Parking” means an enclosed
portion of a building used primarily for the
parking of vehicles where the ceiling height is no
more than 1.8m (6ft) above grade, and may
include storage rooms, garbage and recycling
enclosures,
mechanical
rooms,
stairwells,
elevators and hallways.
(Amendment Bylaw, 2009, No. 752)
"Unsuitable Material" means any rubbish,
derelict vehicle, metals, demolition wastes,
garbage
or
waste
materials,
including
containers, packages, bottles, cans or parts
thereof, or any abandoned or discarded article,
product, or goods of manufacture, but not
including wastes of the primary processes of
farming.
(Amendment Bylaw, 1994, No. 184)
“Urban Trails” means functional trails that
conveniently and safely link neighbourhoods to
community and cultural resources. Urban trails
are intended to provide a viable alternative to
motorized traffic.
(Amendment Bylaw, No. 470, 2002)
"Vehicle" means a device in, on, or by which a
person or thing is or may be transported or
drawn on a highway, except a device designed
to be moved by human physical power.
(Amendment Bylaw, 1992, No. 109)
“Vehicles,
New”
means,
in
the
case
of
automotive sales motor vehicles which have not
been previously sold or leased. In the case of
automotive rentals, “new” means vehicles which
have been manufactured either in the present
calendar year or in the immediately preceding
two years.
(Amendment Bylaw, 1998, No. 340)
“Vehicles, Used” means motor vehicles which
have been previously sold or leased.
(Amendment Bylaw, 1998, No. 340)
"Walkway" means a highway intended to carry
pedestrian traffic only, except that a walkway
may be designed to permit emergency vehicle
use.
"Water Course" means any natural drainage
course or source of water, whether usually
containing water or not, and includes any lake,
river, creek, spring, ravine, swamp, gulch, or
source of ground water whether or not enclosed
or in a conduit.
"Works" means the works and services required
to be constructed and installed pursuant to
Sections 57 and 58 of Part 8 of this Bylaw and
includes all things required to be done in relation
to the construction and installation of the works
and services.
(Amendment Bylaw, 1994, No. 184)
"Works and Services" means the highways,
drainage, water and sewer systems, the
sidewalks, boulevards, highway lighting and
underground wiring or any other works to be
required as a condition of subdivision or
development of land under this Bylaw.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
14
All persons making use of this consolidation are reminded that it has no legislative sanction
"Yard Front" means that portion of the lot
extending across the full width of the lot from the
front lot line to the face of the nearest exterior
wall of the principal building on the lot but does
not include that portion deemed to be the
flanking side yard.
(Amendment Bylaw 2009, No. 739)
"Yard Rear" means that portion of the lot
extending across the full width of the lot from the
rear lot line to the face of the nearest exterior
wall of the principal building on the lot, but does
not include that portion deemed to be the
flanking side yard. (Amendment Bylaw, 2009,
739)
"Yard Side" means that portion of the lot
extending from the front yard to the rear yard
and lying between the side lot line and the face
of the nearest exterior wall of the principal
building on the lot.
"Yard Side Flanking" means that portion of the
lot extending across the full width of the lot from
the flanking lot line to the face of the nearest
exterior wall of the principal building on the lot,
but does not include that portion deemed to be
the front yard. (Amendment Bylaw 2009, No.
739)
"Youth Oriented", in relation to correctional
facilities, shall have the same meaning as is
derived from similar terms in the Young
Offenders Act of Canada."
(Amendment Bylaw, 1993, No. 158)
"Zone" means a zone created by this Bylaw.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
15
PART 2
ADMINISTRATION AND PUBLIC INFORMATION
APPLICATION
3.
This Bylaw applies to the entire geographical area of the Municipality and to all land, buildings
and structures therein.
INSPECTION
4.
(1)
The Building Inspectors, Municipal Engineer, and the Approving Officer ARE HEREBY
AUTHORIZED to enter, at all reasonable times, upon any properties subject to this Bylaw
to ascertain whether this Bylaw is being obeyed.
(2)
No person shall prevent or obstruct, or attempt to prevent or obstruct, the entry of any
authorized official upon the property as authorized under this Bylaw.
DIRECT ENFORCEMENT
5.
(1)
Whenever a person is directed by this Bylaw to carry out a matter or thing, on default by
that person, the matter or thing shall be done at the expense of the person in default, and
the Municipality may recover the expense, with interest at the rate of six percent a year
(6%), with costs, in the same manner as municipal taxes.
(2)
The Municipality shall give 30 days written notice to the owner, by double registered mail,
(i) of intent to enforce under this section, and (ii) to attend before Council.
BYLAW AMENDMENT AND PERMIT APPLICATIONS
6.
(Deleted by Amendment Bylaw, 2009, No. 729
(
FEES
7.
(Deleted by Amendment Bylaw, 2009, No. 729)
PUBLIC HEARING
8.
(Deleted by Amendment Bylaw, 2009, No. 729)
NOTICE OF HEARINGS
9.
(Deleted by Amendment Bylaw, 2009, No. 729)
SEVERABILITY
10.
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, it shall be severed from this Bylaw
without affecting the validity of the remaining portions of this Bylaw.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
16
PART 3
COMPLIANCE
PERMITTED USES
11.
No land, the surface of water, buildings or structures in any zone shall be used by the owner,
occupier or other person for any uses except those specifically permitted in Part 6 of this Bylaw
for the zone in which it is located.
SITING, SIZE AND DIMENSION OF BUILDING AND STRUCTURES
12.
No building or structure shall be constructed, reconstructed, altered, moved or extended by the
owner, occupier or any other person so that it contravenes the requirements in Part 6 of this
Bylaw for the zone in which it is located.
OFF-STREET PARKING AND LOADING
13.
No land, water, building or structure shall be used by the owner, occupier or any other person for
any use unless the off-street parking and off-street loading requirements for that use have been
provided in accordance with Part 7, Division 1 of this Bylaw.
PERMITTED NUMBER OF BUILDINGS
14.
No lot shall have constructed or placed upon it by the owner, occupier or any other person more
buildings or structures of any kind than that specified in Part 6 of this Bylaw for the zone in which
it is located.
SUBDIVISION AND DEVELOPMENT OF LAND
15.
No owner, occupier or other person shall subdivide or develop any land, except in compliance
with the provisions of Part 8 of this Bylaw.
UNDERSIZED EXISTING LOTS REGULATIONS
16.
Where a residential or rural lot exists prior to the effective date of this Bylaw and the area or
frontage of the rural or residential lot does not conform to the provisions of this Bylaw, such lot
may be developed in accordance with the following regulations:
(1)
All existing lots less than 650 m2 (7000 sq ft) in area may be developed only in
accordance with the provisions and regulations of the R-1A Zone.
(2)
All existing lots less than 1000 m2 (10760 sq ft) in area may be developed in accordance
with the provisions and regulations of the R-1 Zone. (Amendment Bylaw, 1991, No. 97)
(3)
All existing lots greater than 1800 m2 (19375 sq ft) in area may be developed in
accordance with the provisions and regulations of the Zone in which it is located.
(4)
All existing lots designated R-C or R-D in Schedule "B" of the OCP which are less than
1,500 m2 (16,146 sq. ft.) in area, and which have no opportunity to consolidate with
adjacent parcels of land, may be developed in accordance with the provisions of the RM-
1 or RM-2 zones upon being rezoned to the applicable zoning category and having a
development permit approved.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
17
For the purposes of this Section, "no opportunity to consolidate" shall mean that all
adjacent parcels have been developed to their full potential in accordance with their
Official Community Plan land use designation and development on the subject property
cannot be practically integrated with such existing adjacent development.
(Amendment Bylaw, 1994, No. 212)
REBUILDING OF DAMAGED NON-CONFORMING BUILDINGS AND STRUCTURES
16A.
Where a single-family residential building or accessory building within the R-1 or R-1A Zones:
(a)
was lawfully constructed prior to the adoption of "Land Use Bylaw, 1990, No. 35,
Amendment Bylaw, 1994, No. 195";
(b)
does not meet the regulations for size and siting of buildings and structures set out for the
applicable zone; and
(c)
is destroyed or damaged by any accidental or insurable cause,
the building may be repaired or rebuilt, but only to the extent that the repair or rebuilding would,
upon completion, result in no further contravention than existed before the loss.
(Amendment Bylaw, 1994, No. 195)
VIOLATIONS
17.
Any person who violates any of the provisions of this Bylaw, or who suffers or permits any act or
thing to be done in contravention of this Bylaw, or who neglects to do or refrains from doing any
act or thing which is required by any of the provisions of this Bylaw, commits an offence.
PENALTY
18.
Any person who commits an offence against this Bylaw shall, upon summary conviction, be liable
to a minimum penalty of $100.00 and the maximum penalty provided in the Offence Act, and, in
addition to a maximum penalty of $500.00 for each day the offence continues, all costs and any
other penalties provided by the Municipal Act and the Offence Act.
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
18
PART 4
BOARD OF VARIANCE
19.
This section is intentionally left blank
20.
This section is intentionally left blank
(Amendment Bylaw 2006, No. 622)
Refer to Board of Variance Bylaw 623
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
19
PART 5
PERMITS
DIVISION 1 DEVELOPMENT PERMITS
(Deleted by Amendment Bylaw, 2009, No. 729)
DIVISION 2 DEVELOPMENT VARIANCE PERMITS
(Deleted by Amendment Bylaw, 2009, No. 729)
DIVISION 3 TREE CUTTING PERMITS
(Deleted by Amendment Bylaw No. 894, 2014)
DIVISION 4 PERMIT PROCEDURES
(Deleted by Amendment Bylaw, 2009, No. 729)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
20
PART 6
ZONING
DIVISION 1 GENERAL REGULATIONS
(Deleted by Amendment Bylaw No. 894, 2014)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
21
DIVISION 2 ZONE CATEGORIES
(Deleted by Amendment Bylaw No. 894, 2014)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
22
PART 7
PARKING, SIGNS, SCREENING AND FLOOD PLAIN
DIVISION 1 PARKING
(Deleted by Amendment Bylaw No. 894, 2014)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
23
DIVISION 2 SIGNS
(Deleted by Amendment Bylaw No. 992, 2018)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
24
DIVISION 3 SCREENING
(Deleted by Amendment Bylaw No. 1057, 2020)
DIVISION 4 FLOOD PLAIN
(Deleted by Amendment Bylaw No. 894, 2014)
DIVISION 5 – RIPARIAN AREAS REGULATION
(Deleted by Amendment Bylaw No. 894, 2014)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
All persons making use of this consolidation are reminded that it has no legislative sanction
25
PART 8
SUBDIVISION AND DEVELOPMENT
(Deleted by Bylaw No. 985, 2017)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
26
All persons making use of this consolidation are reminded that it has no legislative sanction
(Deleted by Amendment Bylaw, 2009, No. 729)
(Deleted by Amendment Bylaw No. 845, 2012)
DEVELOPMENT PROCESSING FEES
Schedule 13
(Deleted by Amendment Bylaw No. 958, 2016)
Consolidated Version of
Land Use Bylaw, 1990, No. 35
27
All persons making use of this consolidation are reminded that it has no legislative sanction
Schedule 15 (i)
(Deleted by Amendment Bylaw No. 894, 2014)