SECTION 5 - SUPPLEMENTARY REGULATIONS
5.l Number of Principal Buildings on Lot
(l) No residential use building shall be located on the same lot
as any other residential use building, except as otherwise
provided for in this Bylaw.
(2) No residential use building shall be located on the same lot
as any non-residential building or use, except as otherwise
provided for in this Bylaw.
(3) Not more than one principal building shall be permitted on
any lot or consolidated site.
5.2 Location and Siting of Buildings
(l) No principal building shall be located on any required front,
side or rear yard.
(2) No accessory building shall be located in any required front
or side yard, except as provided for in Section 5.6 of this
Bylaw.
(3) Amended Bylaw 1817 Where location and siting of buildings on lands is proposed adjacent to a watercourse or stream Section 4 of the Riparian Areas Regulations must be adhered to.
5.3 Height of Buildings and Structures
The following type of structures or structural parts shall not be subject to the building height requirements of this Bylaw: Church spires, belfries, domes, monuments, fire and hose towers, observation towers, stadiums, transmission towers, chimneys, flag poles, radio towers, aerials, amsts, water tanks, monitors, scenery lofts, cooling towers, drive-in theatre projection screens, elevator and ventilating machinery penthouses, provided that no such structure shall cover more than 20 percent of the lot or, if located on a building, not more than l0 percent of the roof area of the principal building.
5.4 Height of Regulations Near Airports
Notwithstanding the definition of "Height of Buildings" in Section l5 and any other height regulation of this Bylaw, the height of buildings and structures shall not extend above the following surfance:
(l) extending 75 m either side of the runway and 60 m beyond each
end of the runway, at the same elevation as the surface of the
runway; this surface shall be referred to hereinafter as "the
strip";
5.4 Height Regulations Near Airports (Cont.)
(2) extending upward at a gradient of five percent from each end
of the strip, having a width at the inner edge of l50 m, and
increasing in width l m for each l0 m of length; the outer
edge of this surface shall be 3000 m from the inner edge; this
surface shall be referred to hereinafter as the "take-off and
approach surface";
(3) extending upward at a gradient of twenty percent from each
side of the strip and from each side of the take-off and
approach surface to an elevation of 45 m; thence outward at an
elevation of 45 m from the edge of the strip to a distance of
4000 m from the edge of the strip, except as otherwise provided in clause (d) hereof; this surface shall be referred to hereinafter as the "transitional surface";
(4) where land lies at an elevation of 36 m or more above the
elevation of the strip, the transitional surface shall be
deemed to be elevated to 9 m above the elevation of the land,
provided always that the transitional surface shall not be
sloped downward as one proceeds away from the airport, even if
the land under the transitional surface contains a reverse
slope.
5.5 Conversion of Buildings
Buildings may be converted, altered or remodelled for another use,
provided that:
(l) The Administrator of this Bylaw ensures that the building is
structurally suitable for each conversion in accordance with
City of Revelstoke Building Bylaw No. l36l and amendments
thereto.
(2) The converted building shall conform to all the provisions and
regulations prescribed for the zoning district in which it is
located.
5.6 Accessory Buildings and Structures Amended Bylaw 1723
(l) General
(a) No accessory building or structure shall be erected on any lot unless the principal building to which the accessory building is an incidental use has been erected or will be erected simultaneously with said accessory building.
(b) Amended Bylaw 1831 An accessory building shall not be located closer than l.2 m (3.9 ft.) from any lane or side property line, except in the case of a lane intersection where the provisions of Section 5.l3 shall apply.
(c) An accessory building or structure shall not be used as a dwelling, except as otherwise provided for in this Bylaw.
(2) Urban and Rural Residential Districts Amended Bylaw #1727
(a) An accessory building shall not have more than one storey or
exceed the height of the principal building or be located in front of a principal building.
(b) An accessory building shall not exceed 4.0 metres (13.1ft.) measured from grade to the top of the wall or 6.0 metres (19.7ft.) in height where a pitched roof is to be constructed.
(c) The total lot coverage of the principal building and all accessory buildings shall not exceed:
(i) Twenty five percent for lots greater than or equal to 1,348.9 square metres (14,520 sq.ft.)
(ii) Forty percent for lots 1,348.8 square metres (14,519 sq.ft.) or less
(d) That a building or structure that is attached to a principal building and intended for ancillary use shall not be larger than the total square metres (square footage)of the principal building.
(e) In an R1, R2, or R2A District, if for topographical reasons a private garage or carport cannot be constructed at the side or rear of the principal building, such garage or carport may be constructed in an excavation in a front yard, provided that no part of such structure shall extend more than 1.2 metres (3.9ft.) above the surface of the surrounding ground at any point other than the driveway, nor be less than 1.2 metres (3.9 ft.) From the property line.
(f) The total combined floor area of all accessory buildings shall be in accordance with the following formula:
Size of Lot Maximum Floor Area Permitted
(i) Lots up to 1,348.8 sq.m. 80sq.m. (864 sq.ft.)
(14,519 sq.ft.)
(ii) Lots from 1,348.9 sq.m. 111.48 sq.m. (1,200 sq.ft.)
(14,520 sq.ft.) to
2,023.4 sq.m. (21,780 sq.ft.)
(iii) Lots from 2,023.5 sq.m. 139.35 sq.m. (1,500 sq.ft.)
(21,781 sq.ft.) to
4,046.8 sq.m. (43,561 sq.ft.)
(iv) Lots from 4,046.9 sq.m. 202.3sq.m.(2,178.14 sq.ft.)
(43,562 sq.ft.)to
10,117.46 sq.m. (108,907 sq.ft.)
(g) An accessory building in an R3 or R4 District shall be located not closer than 3 metres (9.8 ft.) to the rear property line of an adjoining lot in an R1 or R2 District.
(h) The regulations governing accessory buildings specified in Clauses (a) to (g) inclusive, shall apply also to accessory buildings on corner lots, excepting that:
(i) an accessory building in an R District shall be located not closer to the side street than the side yard setback prescribed for the principal building in the district in which it is located.
(ii) an accessory building in an R1, R2 or R2A District shall be located not closer than 1.2 metres (3.9ft) to the rear lot line, when such rear lot line abuts the side yard of an adjacent lot in a R District.
(i) The regulations governing accessory buildings specified in Clauses (a) to (h) inclusive, shall apply also to outdoor swimming pools, excepting that:
(i) the structure shall not be situated closer than 1 metre (3.3 ft.) from any rear lot line
(ii) the structure shall not be situated closer than 1 metre (3.3 ft.) from any interior side lot line.
(iii) structures which do not project more than 0.6 metres (2.0 ft.) above grade at any point may be allowed within required front or side street yard provided such structures:
(a) are not closer than 1.5 metres (4.9 ft.) to any street line.
(b) are not closer than 1.5 metres (4.9 ft.) to the prinicipal building.
(3) Non-Residential Districts C and M
(a) On a corner lot an accessory building shall be located not closer to the side street than the principal building on the same lot, nor closer than the required setback from the side street of the principal building on an adjoining lot, whether or not a lane intervenes.
(b) An accessory building shall be located not closer than 3 m (9.8 ft) to the rear property line of an adjoining lot in an R District.
(c) Amended Bylaw 1669 An accessory building shall not exceed 6 m (19.6 ft) in height if it is located within a required rear yard.
(4) Institutional Districts Amended Bylaw 1723
(a) The regulations governing accessory buildings and structures shall conform to the provisions contained in Section 5.6(2) (a) through (i).
5.7 Temporary Buildings
(1) A temporary building or structure shall not be used as a dwelling except in the case of a trailer when located in an authorized motel or auto court on a short term or temporary basis.
(2) A temporary building or structure may be erected for construction purposes on a lot being developed for a period not to exceed the duration of such construction.
(3) In all other cases, temporary buildings or structures shall be subject to the following requirements:
(a) Application in accordance with City of Revelstoke Building Bylaw #1361 shall be made in writing to the Administrator of this Bylaw for a permit to erect a temporary building or structure.
(b) at the expiration of a permit such temporary building or structure shall be removed and the site thereof restored as nearly as possible to its former condition.
5.8 Home Occupations
(1) A home occupation shall involve no internal or external structural alterations to the principal building (dwelling) and there shall be no exterior indication that the building is being utilized for any purpose other that that of a dwelling, and no building, structure, fence or enclosure other than those in conformity with permitted residential uses in the Zoning District in which it is located, may be erected.
(2) The premises must not be used for manufacturing, welding or any other light industrial use, and the home occupation carried on therein shall not produce noise, vibration, smoke, dust, odour, litter or heat, other that that normally associated with a dwelling, nor shall it create and fire hazard, electrical interference or traffic congestion on the street.
(3) There shall be no external display or advertisement other than a sign bearing only the name and occupation of the owner, which may be illuminated but not flashing and shall not exceed 0.3 sq m (3 sq ft) in area.
(4) There shall be no external storage of materials, containers or finished products.
(5) Such occupation shall not involve the use of mechanical equipment except that which is ordinarily employed in purely private domestic and household use or for recreational hobbies, except for such equipment as may be used for a resident physician or dentist.
(6) No person who is not a resident in the dwelling shall be employed in any such occupation.
5.9 Secondary Suites Amended Bylaw 1879
Notwithstanding the definition for a single family dwelling, a single family dwelling may contain one secondary suite which may be rented, provided that the secondary suite:
(1) Shall not be located within Single Family Residential District (R1);
(2) Shall not exceed a gross floor area of 90 square metres (968.78 square feet);
(3) Shall not exceed 40% of the gross floor area of the building in which the principal dwelling and secondary suite are located;
(4) Shall comply with Section 9.36 of the B.C. Building Code;
(5) Shall be furnished with a separate exterior entrance with outdoor lighting;
(6) Shall be provided with one off-street parking space; and
(7) Shall be on a property that has no more than one legal title (no strata titling).
5.10 Minimum Floor Area of Dwelling Units
(1) No single family, two family or row house dwelling shall contain less than 70.0 sq m (753.5 sq ft) of floor area for each dwelling unit, except in the RR1 and RR2 zones, where the minimum floor area for each dwelling unit shall be 50 sq m (538.2 sq ft), and in the R1 zone, where the minimum floor area for each dwelling unit shall be 92.5 sq m (995.7 sq ft) and in the R2A zone where the minimum floor area shall be 56 sq.m. (602.8 sq. ft.).
(2) In the case of apartment buildings, the following minimum suite floor areas shall apply:
(a) Bachelor suite - 40.0 sq m (431.6 sq ft)
(b) 1 bedroom suite - 55.0 sq m (593.5 sq ft)
(c) 2 bedroom suite - 70.0 sq m (755.4 sq ft)
(d) 3 bedroom suite - 85.0 sq m (917.1 sq ft)
(3) A mobile home in an R5 District shall contain at least 50.0 sq m (538.2 sq.ft.) of floor area.
5.11 Lot Area and Width
(1) Existing Lots - The lot area and lot width requirements of this Bylaw shall not apply to any lot in an R1, R2, R2A, C or M District which has an area or width less than that required by this Bylaw, if such a lot was described on the official records on file in the Land Registry Office on or before the date of adoption of this Bylaw, provided that in the C1 Districts, lots used for multiple family dwelling shall comply with the lot area and lot width requirements of this Bylaw.
(2) Lots of Irregular Shape - In R1 Districts, on "pie-shaped" or other irregularly shaped asymmetrical lots, lot frontages may be reduced below the minimum prescribed widths, provided that the average lot width throughout a depth of 30.5 m (100.1 ft) measured along a perpendicular line from the centre of the property on the frontage street complies with the required minimum lot width.
5.12 Yards
Projections into Required Yards - the following projections into the required yards are permitted:
(a) Steps.
(b) Eaves and gutters, cornices, sills, bay windows, chimneys, or other similar features, provided that such projections do not exceed 1 m (3.3 ft), nor 0.6 m (2.0 ft) in the case of a side yard of less than 1.6 m (5.3 ft).
(c) Open porches and canopies, provided that such projections do not exceed 2 m (6.6 ft), nor 50 percent of the width of a required side yard.
(d) Balconies and sun shades, provided that such projections do not exceed 2 m (6.6 ft), nor 50 percent of the width of a required yard.
(e) An uncovered patio or terrace, which may be open or enclosed, in any yard with an R District subject to a fence height limitations as specified in Section 5.14 of this Bylaw. The provision of an awning or similar temporary covering for such a terrace shall be permitted.
(f) Arbors, trellices, fish ponds, ornaments, flag-poles or similar landscape features.
(g) Gasoline service pumps or pump islands in a required front yard or a required side yard, subject to the provision that said pumps shall be located not closer than 4.5 m (14.8 ft) to any property line.
(h) A roofed or covered swimming pool not exceeding 3.5 m (11.5 ft) in height, or uncovered swimming pool located in a side or rear setback within a separate fenced enclosure fitted with a safety gate, not less than 3.0 m (9.8 ft) for a parcel boundary.
(i) Mobile home hitches.
5.13 Vision Clearance at Intersection
In any zoning district, no fence, wall or structure other than a permitted principal building shall be erected to a greater height than 1.1 metres (3.6 ft.) And no hedge, bush, shrub, tree or other growth shall be maintained or allowed to grow as to obstruct vision clearance int he area bounded by:
(1) the intersecting lot lines at a street corner and a line joining points along said lot lines 9m (29.5 ft.) From their point of intersection.
(2) The intersecting lot lines at a lane corner and a line joining points along said lot lines 6 m (19.7 ft>) from their point of intersection. A lane intersection shall include the intersection of a lane with any other lane or with a street.
5.14 Fences
(1) Any fence, wall or hedge or other structure not being a building, which exceeds the height limitations specified in this section shall comply with the height and setback requirements prescribed for buildings within the zoning district in which it is located.
(2) The height of a fence, wall or hedge shall be determined by measurement from the ground level at the average grade level within 1 m (3.3 ft.) Of both sides of such fence, wall or hedge.
(3) That portion of a retaining wall which projects above the surface of the ground which it supports shall be considered as a fence and subject to the regulations of this subsection.
(4) Notwithstanding Clause (2), in cases where a retaining wall has been constructed along a property line, the height of a fence, wall or hedge shall be determined by measurement from the surface of the ground which the retaining wall supports at the average grade level within 1 m (3.3 ft) of such retaining wall.
(5) Subject to the vision clearance provisions of Section 5.13, the following height limitations shall apply to fences, walls or hedges:
(a) In all zoning districts, except for required screening, fences, walls or hedges not greater than 1.1 m (3.6 ft) in height may be located anywhere on a lot.
(b) In all zoning districts, except C2, C12 and M Districts fences, walls or hedges not greater than 2 m (6.6 ft) in height may be located on any lot to the rear of the front line of the principal building.
(c) In C2, C12 and M Districts, fences, walls or hedges not greater than 2.5 m (8.2 ft) in height may be located on any lot to the rear of a required front yard.
(d) In R Districts, where the rear line of a lot abuts the side line of an adjoining lot, the height of fences, walls or hedges on such rear lot line shall be not greater than the height permitted on the side line of the adjoining lot at the point of abutment.
(6) Clauses (1) and (5) shall not apply to open mesh or chain link type fences erected on cemetery, public playground, park, playfield, elementary or high school areas, and in M Districts. In these cases, no such fence shall exceed a height of 3.5 m (11.5 ft.).
5.15 Flood Control Requirements
Notwithstanding any other regulations of this Bylaw, no building or any part thereof shall be constructed, reconstructed, altered, moved or extended, nor shall any mobile unit, modular home or structure be located:
(1) within 30 m (98.4 ft) of the natural boundary of the Columbia River or Illecillewaet River.
(2) with the underside of the floor system of any area used for habitations, business or storage of goods damageable by floodwater, or in the case of a mobile home or unit the ground level on which it is located, lower than 0.6 m (2 ft) above the two hundred (200) year flood level of the Columbia river or Illicillewaet River.
(3) Where landfill is used to achieve the required elevations stated in Clause 2 above, no portion of the landfill slope shall be closer than the distance stated in Clause 1 from the natural boundary and the face of the fill slope shall be adequately protected against erosion from floodwaters.
Provided that these requirements may be modified in accordance with the Standards and specifications of a Development Permit issued, on the application of an owner of land, pursuant to Section 7 of this Bylaw.
5.16 Parking or Storage in Residential Districts
No dismantled or wrecked vehicles or equipment shall be parked or stored in the open in any R District for a period of more than thirty (30) successive days.
5.17 Siting in Relation to Natural Hazard Areas
Notwithstanding anything else contained in this bylaw, no permanent building shall be erected and no activities carried on at such times and locations where they may reasonably be expected to cause or be subject to inundation by landslip or avalanche. In carrying out the provisions of this clause, the administrator of this Bylaw shall be guided by information made available from time to time by the agency having jurisdiction with respect to known and probable landslip and avalanche paths as determined by experience, photogrammetry or otherwise.
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