Zoning Bylaw Review and Update

Zoning Bylaw No. 55 was adopted by Council on November 2, 2021. Consultation on this project has concluded. 

• Key Proposed Changes in Overall Structure and Format

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  The proposed Zoning Bylaw is based on existing Zoning Bylaw 5-1-2001 in terms of overall content and organization, but includes some key differences in terms of structure and format.

  Highlights of these changes include the following:

  • Modern, simplified formatting, updated definitions, and inclusion of illustrations create a more user-friendly document.
    
    
  • Within each zone, permitted uses are broken down into “Principal Uses” and “Accessory Uses”, while regulations are broken down between “Subdivision Regulations” and “Development Regulations” for greater clarity and ease of navigation.
    
    
  • Related zones have been grouped together for ease of navigation – for example the A1 (Agriculture), FD (Future Development), and RE (Resource Extraction), and CR- (Country Residential) zones have been combined into a “Agricultural and Rural Residential Zones” section.
    
    
  • Redundant zones—the existing P-7 (Funeral Homes), RS-5 (Single Family Residential-5), C-3T (Truck Travel Centre Commercial), MHS (Mobile Home Subdivision), and C-9 (Hotel/Convention Centre) —have been eliminated to create a more succinct document.
    
    
  • Parking and Landscaping regulations have been moved from the back of the bylaw to the front as they apply to all properties in the City.
    
    
  • Residential zones are listed sequentially based on minimum lot size to create a more logical document.
    
    
  • Addition of inclusive land use categories and a wider range of non-obtrusive permitted uses within each zone (e.g. “retail trade” replaces limited retail uses in several commercial zones and the I2 (General Industrial) zone will allow “light industry” as well as “general industry”) provides increased choice of location for businesses to operate and allows for the elimination of dozens of site-specific permitted uses, making for a bylaw that is more succinct and readable.
    
    
  • Updated wording reflects current land use trends and changes in legislation such as the Liquor Control and Licensing Act and the Community Care and Assisted Living Act.
    
    
  • Application of appropriate zoning for properties that are subject to land use contracts as the Province requires that local governments adopt zoning for properties that are subject to land use contracts by June 30, 2022, in anticipation of provincial termination of all land use contracts as of June 30, 2024.

• Key Proposed Changes for General and Specific Use Regulations

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  In the proposed Zoning Bylaw, the existing "General Regulations" section has been replaced with a new "General and Specific Use Regulations" section.

  Key proposed changes for general and specific use regulations include the following:

  • A new section on telecommunications towers prohibits new towers in residential zones and clarifies that they should comply with the maximum structure height and minimum setback requirements of the zone (It should be noted that telecommunication towers are federally regulated and as such are encouraged, rather than required, to comply with zoning regulations).
    
    
  • Home-based business regulations allow customers to come to the residence of a one-person, home-based business limited to personal services such as a hair dresser or esthetician, personal training, pet grooming, or photography. In suburban and rural residential zones, customers may also come to the residence to obtain agricultural products.
    
    
  • Use of shipping containers for storage, which is currently limited to industrial zones, will be allowed in all zones on a temporary basis in conjunction with construction or moving location of a household or business. Permanent placement of shipping containers will not be allowed in any urban or suburban residential zones, but will be allowed in agricultural, rural, commercial, or industrial zones subject to regulations on number, size, siting, and public safety.
    
    
  • The building height for carriage and garden suites will be measured from the average finished grade to the mid-point of the roof like all other building types in Kamloops, rather than the current measurement of the lowest elevation to highest peak.
    
    
  • A new regulation stating that no habitable portion of a multifamily unit may be located within the 200-year flood plain.
    
    
  • Added allowance for increased building projections into setbacks for solar protection and increased insulation for the BC Step Code and updated language regarding cantilevered projections to provide increased opportunities for articulation of building face in multifamily development.
    
    
  • Added “density bonus” section allowing increased residential density (floor area ratio or units/ha) in conjunction with multi-family development where market rental housing, affordable market rental housing, below market rental housing, or social housing units are provided.

• Key Proposed Changes for Parking and Accessibility

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  The proposed Zoning Bylaw's parking and accessibility regulations put a stronger emphasis on accommodating alternate modes of transportation such as bicycles, pedestrian movements, and electric vehicles.

  Key proposed changes for parking and accessibility include the following:

  • Reduced the number of vehicle parking stalls required for commercial developments such as shopping centers, other mixed commercial developments, and restaurants, with additional reductions for commercial development along the Tranquille Commercial Corridor, including hotels.
    
    
  • Reduced the number of vehicle parking stalls required for most multi-family development types.
    
    
  • Added further reductions in the number of vehicle parking stalls required for multi-family development where the units are provided as affordable market rental housing units or below market rental housing units.
    
    
  • Provided additional reductions in the number of vehicle parking stalls required for properties located in close proximity to transit, neighbourhood centres, or where certain streetscape improvements are provided, or where parking stalls that are ready to install Level 2 electric vehicle chargers are provided.
    
    
  • Expanded the boundaries of the downtown commercial parking exemption area to match the boundaries of the Central Business District zone, which have been adjusted to implement the City’s recently adopted Downtown Plan.
    
    
  • Increased the number of bicycle parking spaces required for commercial and multi-family residential development, with 50% of required multi-family bicycle parking spaces to be dedicated to customers and 10% of required bicycle commercial spaces to be dedicated to visitors.
    
    
  • Updated accessible parking requirements to increase the number of required accessible stalls from 1% to 4%; require 50% of accessible stalls to be designed for side-loading vans, and provide specifications for accessible parking stalls.
    
    
  • Added requirements for dedicated on-site pedestrian sidewalks for commercial and mixed-use development, for a minimum 0.3 m setback from any wall to a parking stall, for parking stalls to be free of obstructions such as parkade columns, and for turn-around spaces to be provided at end of dead-end parking aisles, to improve pedestrian and vehicle circulation in parking areas.

• Key Proposed Changes for Landscaping, Screening, and Fencing

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  The proposed Zoning Bylaw's Landscaping, Screening, and Fencing regulations have been updated to improve readability, require landscaping in a broader range of residential situations, and relax fence height regulations for greater personal privacy.

  Key proposed changes to landscaping regulations include the following:

  • Establishing of minimum front and side street yard landscaping areas for urban single- and two-family zones as follows:
    • 40% of yards for single-family and single-family with a suite.
    • 15% of yards for single-family and single-family with a suite on a cul‑de-sac.
    • 30% of yards for two family (duplexes).
    • Required front yard landscape areas include minimum planted areas (half of minimum landscape areas must be planted), and cannot be used for parking.
      
      
  • Requiring additional landscaping for multi‑family development with no commercial component in commercial zones (C-1, C-5, C-6, C-7).
    
    
  • Updating screening and fencing regulations as follows:
    • Increasing fence height from 1 m to 1.2 m for front yards, side street yards, and rear street yards where vehicular access is provided.
    • Distinguishing between yards and required yards (allowing 2 m fence outside required yard).
    • Removing 1 m setback for 2 m high fences on arterial roads.
      
      
  • Increasing the maximum fence height in industrial zones from 2 m to 2.5 m.
    
    
  • Prohibiting razor wire as a fencing material in all residential zones, and prohibiting barbed wire in all residential zones but the A1 (Agricultural) and Rural Residential zones.

• Key Proposed Changes for Recreational and Institutional Development

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  In the proposed Zoning Bylaw, the OS (Open Space), P1 (Parks and Recreation), P2 (Places of Worship), P3 (Schools), P4 (Public and Institutional Use), and P5 (Private Recreation) zones have been grouped into a new “Recreational and Institutional Zones” section.

  Key proposed changes for recreational and institutional development include:

  • OS (Open Space) zone
    • Expanded to encompass undevelopable hillside areas currently zoned for residential use, in accordance with the Official Community Plan, as well as drainage corridors currently zoned P1 (Parks and Recreation).
      
      
  • P1 (Parks and Recreation) zone
    • Added “cultural facility” as a permitted use and excluded outdoor motorized sports.
    • Added “convention or civic centre” as a permitted use - accompanies changing the zoning of the area adjacent to the Sandman Centre from C-9 (Convention Centre) to P1 (Parks and Recreation) and elimination of the C-9 zone.
      
      
  • P2 (Places of Worship) zone
    • Changed name from P-2 (Churches).
    • Added community centres as permitted use.
    • Increased the maximum size of accessory building 65 m² to 112 m² (matching regulations proposed for residential zones).
      
      
  • P3 (Schools) zone
    • Added a site-specific zoning amendment for the live theatre at 1300 9^th Avenue (Sagebrush Theatre).
      
      
  • P4 (Public and Institutional Use) zone
    • Changed name of the zone from “Public and Quasi-Public Use” to “Public and Institutional”.
    • Expanded permitted principal uses to include assembly use, assisted living facility, educational/training facility, funeral homes, and convention centres.
    • Expanded permitted accessory uses to include licenced lounge or club, mobile food concession, personal services, restaurant or café.
    • Changed maximum height calculation from 13 m to 4 storeys.
    • Removed site-specific zoning for Prison Farm on Yellowhead highway (now Tournament Capital Ranch).
      
      
  • P5 (Private Recreation) zone
    • No changes proposed.
      
      
  • P7 (Funeral Home) zone
    • P7 zone removed with P4 zone replacing zoning for any property previously zoned P7.

• Key Proposed Changes for Agricultural and Rural Development

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  In the proposed Zoning Bylaw, the A1 (Agricultural), FD (Future Development), RE (Resource Extraction), CR1 (Country Residential-1), CR2 (Country Residential-2), and CR3 (Country Residential-3) zones have been grouped into a new "Agricultural and Rural Zones" section.

  Key proposed changes for agricultural and rural development include the following:

  • A1 (Agricultural) zone
    • Added new permitted uses, including equestrian facility, accessory dwelling unit, agri-tourism, home-based daycare, home-based residential care, lounge adjacent to a recreation facility, plus additional uses for properties in the Agricultural Land Reserve (ALR) – agriculturally-related education and research, biodiversity and wildlife conservation.
    • Increased maximum number of boarders and lodgers from two to four, prohibited motorized sports facilities, increased setbacks for silos, incinerators and waste storage facilities; added a maximum structure height of 18 m; and added regulations for accessory dwelling units.
    • Updated various definitions related to agricultural uses.
      
      
  • FD (Future Development) zone
    • Added new permitted uses, including boarders and lodgers to a maximum of four persons, home-based daycare, home based residential care, home-based business.
    • Added a maximum structure height of 12 m to mirror residential zones.
      
      
  • Country Residential zones (CR1, CR2, CR3)
    • Reduced minimum side yards setback from 6 m to 3 m (except where property is adjacent to the ALR); reduced minimum side street yard setback from 6 m to 4.5 m; reduced maximum structure height from 15 m to 12 m to mirror other residential zones.

• Key Proposed Changes for Single and Two-family Residential Development

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  In the proposed Zoning Bylaw, the single- and two-family zones are organized sequentially by minimum lot size, and the existing RS-5 zone has been removed (merged with the RS1) zone.

  Key proposed changes for single and two-family development include the following:

  • Home-based business regulations that will allow customers to come to the residence of a one-person, home-based personal service business, personal training business, animal grooming business, or photography studio business (customers are not currently permitted).
    
    
  • Updated zoning for properties that are designated Urban in the Official Community Plan and currently zoned RS-2 (Single Family Residential-2) or RS-5 (Single Family Residential-5) in Westsyde or Dufferin to RS1 (Single Family Residential 1) to reduce the minimum lot size required for subdivision; RT-2 (Two Family Residential-2) zoned lots in Westsyde will be updated to RT1 (Two-Family Residential 1) to reduce the minimum lot size for single and two family development.
    
    
  • Updated zoning for properties that are designated Urban in the Official Community Plan and currently zoned RS-2 (Single Family Residential-2) in Dallas, the Benchlands in Juniper, and the Glenmore Estates area of Aberdeen to a new zone, RS2S (Single Family Residential 2 Suites), which allows legal secondary suites and garden suites, but retains the existing RS-2 zone’s minimum lot size required for subdivision (929 m²).
    
    
  • Increased maximum allowable footprint of accessory buildings on large lots in urban zones from the current 80 m² to 112 m² to provide consistent development potential between urban and suburban areas.
    
    
  • Updated definitions for “average finished grade”, “finished grade”, and “storey” reduce overall building height and eliminate the potential for building houses that appear to be four-storeys tall from the rear on lots in two-storey zones that slope down from the road. Reduced maximum structure height 15 m to 12 m also supports more modest-scaled houses.
    
    
  • Required minimum front yard landscaping for a single- and two-family development (40% on single-family lots) to improve neighbourhood aesthetics and provide greater opportunity for storm water retention.
    
    
  • Increased maximum fence heights in residential front yards from 1 m to 1.2 m to allow homeowners to install standard 4 ft. (1.2 m) fences on their properties in compliance with regulations.
    
    
  • Added new RT-1C zone—now allows “small lot intensive” duplexes—duplexes on 15 m wide lot with minimum lot area of 464 m² (formerly required 18 m width and 557 m² lot area), subject to access restricted to a lane and an intensive residential development permit. This change will affect lots located Downtown, the West End, and McDonald Park neighbourhoods.
    
    
  • Replaced the current RC-2 (Comprehensive Development-2) zone with a new RT1S (Two-Family Residential 1 - Suite) zone, and replaced the current RC-3 (Comprehensive Development-3) zone with a new RS1M (Single-Family Residential 1 - Micro) zone. A development permit continues to be required in these zones prior to construction.
    
    
  • Reduced front yard setback from 6 m to 4.5 m in urban residential suites, provided a 6 m setback is maintained for garages.

• Key Proposed Changes for Multi-family Residential Development

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  In the proposed Zoning Bylaw, the RC-1 (Comprehensive Residential-1), MH (Mobile Home), and RM (Multi-Family) zones have been grouped into a new “Multi-Family Zones” section.

  Key proposed changes for multi-family development include the following:

  • A more logical naming and sequencing of zones and removal of the existing MHS (Mobile Home Subdivision) zone (merged with proposed RS4 zone).
    
    
  • Added zoning regulations for mobile homes in the MHP (Mobile Home Park) zone to replace the Mobile Home Park bylaw (which will be rescinded).
    
    
  • Reduced minimum lot sizes to support small-scale infill development.
    
    
  • Allowance for fee simple row housing in some multi-family zones (proposed RM3 and RM4 zones, currently RM-2 and RM-2A) where access is provided from a lane, with reduced minimum frontage requirements from 23 m to 18 m and with side yard setbacks reduced from 4.5 m to 1.5 for two-storey high row houses.
    
    
  • Increased maximum area of accessory buildings on bare land strata lots from 10 m² to 12% of bare land strata lot area to a maximum of 80 m².
    
    
  • Updated “commercial conversions” regulations for proposed RM4 zone (current RM-2A zone) allows a dwelling unit in conjunction with limited commercial use.
    
    
  • Allowed limited commercial development in the RM5 zone (current RM-3 zone) in conjunction with high density residential development.
    
    
  • Reduced minimum rear yard setbacks from 7.5 m to 6 m on lots backing onto a lane.
    
    
  • Added multi-family residential as a permitted use in all shopping centres and other commercial areas, consistent with KAMPLAN (see the Commercial Development section for details).
    
    
  • Added allowance for a “density bonus” (25% increase in the maximum number of units per hectare and maximum floor area ratio permitted) in the proposed RM3, RM4, and RM5 zones where the additional units are provided as market rental housing, affordable market rental housing, below market rental housing, or social housing units.

• Key Proposed Changes for Commercial Development

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  In the proposed Zoning Bylaw, the overall structure of commercial zones is unchanged, but the current C-3T (Truck Travel Centre) zone has been merged with the C-3 (Highway Commercial) zone and the C-9 (Convention Centre) zone has been merged with the P1 (Parks and Recreation) zone.

  Key proposed changes for commercial development include the following:

  • Allowed a broad range of retail trade use in the C2 (Local Commercial), C3 (Highway Commercial), C4 (Service Commercial), C6 (Arterial Commercial), and C7 (Neighbourhood Commercial) zones—retail use in these zones is currently restricted to convenience stores (C2 and C3 zones) or a limited range of products (C4, C6, and C7 zones).
    
    
  • Added new use categories such as “artisan or photography studio”, “cultural facility”, and “communications facility” to support creative industries in a broader range of commercial locations.
    
    
  • Expanded the range of permitted uses in commercial zones–for example, added office and restaurant/café in the C2 (Local Commercial) zone, and added multi-family residential, office, and assembly uses in the C7 (Neighbourhood Commercial) zone – to provide more locations for businesses to operate and provide greater availability of local services for the public.
    
    
  • Allowance for personal service businesses (such as hair salons) that are not historically licenced to sell alcohol to apply for a liquor primary licence in all commercial zones allowing personal services; allowance for any business type in the CBD, C1, CNS, and C5 zones to apply for a liquor primary licence; clarifying that alcohol manufacturers lounges ( ie. “brew pubs” or “distillery lounges”) are permitted where neighbourhood pubs are permitted.
    
    
  • Added residential as a permitted use in all shopping centres (e.g. Aberdeen Mall, Sahali Mall, and Northills Mall), Downtown’s East End Entry Corridor, and Columbia Street West to encourage mixed-use (commercial/residential) buildings in these areas, consistent with KAMPLAN. Under the proposed regulations, multi-family or mixed-use buildings could be up to 10 storeys high in the North Shore Towne Centre, Sahali Towne Centre or Aberdeen Mall; and up to 6 storeys in all other shopping centres.
    
    
  • Increased the maximum floor area ratio (FAR), a measure of the density of development permitted, in the C1, C5, and C7 zones in conjunction with multi-family development.
    
    
  • Added allowance for a “density bonus” (50% increase in the maximum floor area ratio) permitted in all commercial zones that allow multi-family units where the additional units are provided as market rental housing, affordable market rental housing, below market rental housing, or social housing units.
    
    
  • Implemented KAMPLAN policies that restrict drive-thrus in the City Centre, Tranquille Market Corridor, and North Shore Towne Centre and updated regulations on vehicle stacking lengths to reduce potential traffic impacts.
    
    
  • Changed zoning along the Kamloops east entry corridor (from Victoria Street at 8^th Avenue to Battle Street at the Yellowhead Highway interchange) from the current C-4 (Service Commercial) to C1 (General Commercial) and C6 (Arterial Commercial) allows for general retail trade and 4-storey tall mixed-use (commercial and multifamily residential) buildings, consistent with Downtown Plan.
    
    
  • Changed zoning of properties along Columbia street west from Grandview Terrace to McGill Road from C-3 (Highway Commercial) to C1 (General Commercial) and changed zoning along Hugh Allan Drive east of Pacific Way from C-4 to C6 that allows for general retail trade and 4-storey tall mixed-use (commercial and multifamily residential) buildings, consistent with KAMPLAN.

• Key Proposed Changes for Industrial Development

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  In the proposed Zoning Bylaw, the Industrial zones have been grouped together with transportation zones (T-1 Railway and T-2 Airport) into a new “Industrial and Transportation Zones” section, but overall structure of Industrial zones otherwise unchanged.

  Key proposed changes for Industrial Development include the following:

  • Expanded range of permitted uses in the I1 (Light Industrial and I1S (Industrial Park) zones), including animal shelter or animal daycare, contracting services, machine or welding shop, accessory alcohol manufacturer’s lounge (ie. Brew Pubs and Distillery Lounges).
    
    
  • Added a maximum floor area for restaurants in the I1S (Industrial Park) zone (40% of total floor area permitted on the property); reduced one minimum side yard setback from 7.5 m to 4.5 m.
    
    
  • Allow manufactured or modular homes as a permitted building style for accessory dwelling units in industrial zones.
    
    
  • Allow “light industry” in the I2 (General Industry) zone; allow “general industry” as a permitted use in the I3 (Heavy Industry) zone.
    
    
  • In the I3 (Heavy Industry) zone added a 30 m side or rear yard setback from a residential zone.
    
    
  • Reduced the maximum structure height in the I1S (Industrial Park) zone from 24 m to 18 m and reduced the maximum structure height in the I3 (Heavy Industry) zone from 60 m to 30 m.
    
    
  • Increased the maximum fence height in industrial zones from 2 m to 2.5 m.