REGIONAL DISTRICT OF EAST KOOTENAY

 

BYLAW NO. 1501

 

 

A bylaw to amend Bylaw No. 829 cited as “Regional District of East Kootenay - Elk Valley Zoning Bylaw No. 829, 1990”.

 

WHEREAS the Board of the Regional District of East Kootenay has received an application to rezone certain land within said Bylaw;

 

AND WHEREAS the Board deems it desirable to make this amendment as aforementioned;

 

NOW THEREFORE, the Board of the Regional District of East Kootenay in open meeting assembled, enacts as follows:

 

1.         This Bylaw may be cited as “Regional District of East Kootenay - Elk Valley Zoning Bylaw No. 829, 1990 - Zoning Amendment Bylaw No. 27, 2000 (Fernie Alpine Resort / Fernie Alpine Resort Ltd.).”

 

2.         That Section 3.04(2) of Bylaw No. 829 entitled DEFINITIONS is amended by adding the following new definitions:

 

            AUXILIARY DWELLING UNIT means an additional dwelling unit which:

 

            (a)        has a gross floor area of not more than 90 m2;

            (b)        has a gross floor area of not more than 40% of the principal dwelling unit;

            (c)        is located within a building which contains only one other dwelling unit;

            (d)        is not located within or part of a mobile home;

            (e)        is located within the boundaries of the Fernie Alpine Resort Official Community Plan area.

 

            FINISHED GRADE (RESORT) means the finished ground level at the perimeter of the building or structure.  Finished grade (resort) applies only to those lands located within the boundaries of the Fernie Alpine Resort Official Community Plan area.

 

            HEIGHT (RESORT) means the vertical distance from the finished grade (resort) of the building or structure to the mid-point between the roof eaves and the ridge of the primary roof structure.   Height (resort) applies only to those lands located within the boundaries of the Fernie Alpine Resort Official Community Plan area.  Height (resort) is shown on the diagram below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


            MINIMUM USABLE SITE AREA (RESORT) means a contiguous area of land that is located in a development permit area under Section 879(1)(b) of the Municipal Act, and which has an average slope not exceeding 30%, no portion of which is subject to severe rock fall, avalanche, land slip, flooding or high water table hazard, which may result in harm to the building, structure, or other improvements to the parcel or persons.

 

 

 

 

3.         That Section 4.05 is amended by adding:

 

            (f)         Within the Fernie Alpine Resort Official Community Plan area:

 

                        (i)         Materials and commodities shall not be delivered to or from the residence in such bulk or quantity as to require regular or frequent delivery by a commercial vehicle or trailer.

 

                        (ii)        Only retail sales of those products or goods produced or fabricated on the premises shall be permitted.

 

4.         That Section 5.02 is amended by adding:

 

            (4)        Notwithstanding Subsection (1) of this Section, all parcels shall have a minimum usable site area (resort) of not less than:

 

                        (a)     460 m2 (4951.6 ft2);

 

                        (b)     550 m2 (5920.3 ft2) where the proposed parcel is located on a corner.

 

5.         That Section 6.02 (4) is amended by adding:

 

           

            (d)        Auxiliary dwelling unit                                      - 1 per dwelling unit

 

 

6.         That Part 6 is amended by adding a new Section:

 

            (7)        Fernie Alpine Resort

 

                        (a)     Commercial Uses,                                 - no parking spaces required             

                                 including retail, office

                                 and restaurants                                        

 

7.         That Section 7.01 of Bylaw No. 829 entitled ESTABLISHMENT OF ZONES is amended by adding a new zone within the Category of Residential Zones as follows:

 

                        Resort Residential      RS-2A

 

8.         That Part 7 is amended by adding a new Section:

 

            RESORT RESIDENTIAL ZONE:      RS-2A

 

            7.05(A)(1)        Permitted Uses

 

                                    Within the RS-2A zone, the following uses only are permitted:

                                   

                                    (a)        Single family dwelling;

                                    (b)        Two family dwelling;

                                    (c)        Multiple family dwelling;

                                    (d)        Ski lift;

                                    (e)        Uses permitted under Section 4.03 of this Bylaw.

 

                        (2)        Accessory Uses

 

                                    (a)        Home occupation;

                                    (b)        Auxiliary dwelling unit;

                                    (c)        Other uses, buildings, and structures accessory to a permitted use.

 

                        (3)        Parcel Area

 

         (a)        Except as permitted in clause (c), no person shall site a single family dwelling on a parcel in the RS-2A zone that is less than 555 m2 (5974.2 ft2) in area where it is served by both a community water system and a community sewer system.

 

         (b)        No person shall site a two family dwelling on a parcel in the RS-2A zone that is less than 700 m2 (7535.0 ft2) in area where it is served by both a community water system and a community sewer system.

 

         (c)        Where a parcel is subdivided along a common wall separating two dwelling units in a two family dwelling in the RS-2A zone, each parcel shall be not less than 350 m2 (3767.5 ft2) in area where it is served by both a community water system and a community sewer system.

 

         (d)        No person shall site a multiple family dwelling on a parcel in the RS-2A zone that is less than 1670 m2 (17976.3 ft2) in area.

 

(4)     Density

 

         (a)        On lands designated for single family dwellings, no person shall site more than one (1) single family dwelling and one (1) auxiliary dwelling unit on a parcel in the RS-2A zone.

 

         (b)        On lands designated for two family dwellings, no person shall site more than one (1) two family dwelling on a parcel in the RS-2A zone.

 

         (c)        On lands designated for multiple family dwellings, no person shall site more than sixty (60) dwelling units per gross hectare of minimum usable site area (resort) on a parcel in the RS-2A zone.

 

(5)     Siting

 

         (a)        No person shall site a principal building in the RS-2A zone which has:

 

            (i)         a front yard less than 7.5 m (24.6 ft);

            (ii)        a rear yard less than 6.0 m (19.7 ft);

            (iii)       a side yard less than 3.0 m (9.8 ft) nor less than 10% of the width of the parcel, measured 7.5 m (24.6 ft) away from and parallel to the front parcel line.

                     (iv)       a side yard less than 4.5 m (14.8 ft) where adjacent to a highway right-of-way other than a lane.

 

            (b)        No person shall site an accessory building or structure in the RS‑2A zone which has:

 

            (i)      a front yard less than 7.5 m (24.6 ft);

            (ii)     a rear yard less than 1.0 m (3.3 ft);

            (iii)    a side yard less than 1. 0 m (3.3 ft) nor less than 4.5 m (14.8 ft) where adjacent to a highway right-of-way other than a lane.

 

(6)        Size and Dimensions of Buildings and Structures

 

            (a)        No person shall site a single family dwelling or two family dwelling in the RS-2A zone which exceeds a height (resort) of 9.0 m (29.5 ft.)

 

            (b)        No person shall site a multiple family dwelling in the RS-2A zone which exceeds a height of 16.0 m (52.5 ft.)

 

            (c)        No person shall site an accessory building or structure in the RS‑2A zone which exceeds a height (resort) of 5.0 m (16.4 ft.)

 

            (d)        Parcel coverage in the RS-2A zone shall not exceed more than 30%, and in no case shall the total area of all accessory buildings and structures exceed 185 m2 (1991 ft2.)

 

            (e)        No horizontal dimension of a single family dwelling or a two family dwelling in the RS-2A zone, not including dimensions of an addition or a non-rectangular building, shall be less than 5.5 m (18.0 ft.)

 

(7)        Other Regulations

 

            (a)        All persons carrying out a use permitted in the RS-2A zone shall comply with the relevant provisions of Parts 4, 5 and 6 of this Bylaw.

 

            (b)        No person shall use or permit the use of any portion of a parcel in the RS-2A zone for the wrecking and repair of vehicles or for the storage of derelict vehicles.

 

            (c)        The locations of single family dwellings, two family dwellings and multiple family dwellings shall be in accordance with the locations shown in the Fernie Alpine Resort Official Community Plan, Bylaw No. 1500.

           

 

9.         That part of Lot A, District Lot 8901, Plan 1687 except Plan 10145, 15604, 17500, 18957, R368, NEP23072, NEP59141 and NEP59794; and that part of Lot 1, District Lots 4128 and 8901, Plan NEP19500 as outlined on the attached Schedule “A”, which is incorporated in and forms part of this bylaw, be rezoned from RR-8 – RURAL RESIDENTIAL (COUNTRY) ZONE to RS-2A – RESORT RESIDENTIAL ZONE.

 

10.       That part of Lot A, District Lot 8901, Plan 1687 except Plan 10145, 15604, 17500, 18957, R368, NEP23072, NEP59141 and NEP59794; and that part of Lot 1, District Lots 4128 and 8901, Plan NEP19500 as outlined on the attached Schedule “A”, which is incorporated in and forms part of this bylaw, be rezoned from RR-8 – RURAL RESIDENTIAL (COUNTRY) ZONE to CG-8 – RESORT COMMERCIAL ZONE.

 

 

 

READ A FIRST TIME the 5th day of May 2000.             

READ A SECOND TIME the 5th day of May 2000.

READ A THIRD TIME the 9th day of June 2000.

 

 

APPROVED BY THE MINISTRY OF TRANSPORTATION AND HIGHWAYS

            the 14th day of June 2000.   signed:  “Don Diesing”, Development Applications Tech

 

 

 

ADOPTED the 7th day of July 2000.

 

 

 

 

__________”J.E. Ogilvie”__________                       __________”L.V. Crane”___________

CHAIRPERSON                                                         SECRETARY