DISTRICT OF ELKFORD COMMITTEE OF THE WHOLE AGENDA

DISTRICT OF ELKFORD

COMMITTEE OF THE WHOLE AGENDA

June 22, 2011 3:30 P.M. COUNCIL CHAMBERS

Elkford's Mission - Through innovative leadership we provide opportunities for responsible growth, in harmony with industry and the environment. We take advantage of opportunities that enhance affordable community living and sustain the quality of life citizens, businesses and visitors expect.

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1. APPROVAL OF AGENDA(a) Approval of June 22, 2011 Agenda

2. ADOPTION OF MINUTES(a) Adoption of April 11, 2011 Minutes

(b) Adoption of April 12, 2011 Budget Deliberations Minutes

(c) Adoption of April 18, 2011 Budget Deliberations Minutes

(d) Adoption of April 18, 2011 CBT Grant Deliberations Minutes

3. BYLAW REVISIONS(a) Bylaw Revisions Agenda Package

● Report by Brent Elliott and Desmond Bliek, Halcrow Consulting

(b) Preliminary Bylaw Revisions Summary● Report by Brent Elliott and Desmond Bliek, Halcrow Consulting

(c) District of Elkford Bylaws - Support Information

4. ADJOURNMENT(a) Move to Adjourn

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DISTRICT OF ELKFORD COMMITTEE OF THE WHOLE

Minutes April 11, 2011

Present: Mayor McKerracher, Chair

Councillor Conibear Councillor Robinson Councillor Wildeman Councillor McLean Councillor Zarowny Nancy Regular, Youth Representative

Absent:

Councillor McGregor

Staff Present:

Corien Speaker, Chief Administrative Officer Norma Everett, Director, Corporate Services, Recorder Curtis Helgesen, Director, Financial Services Bernie Van Tighem, Director, Fire Rescue and Emergency Services

There being a quorum of Council, Mayor McKerracher called the meeting to order at 5:05 p.m. APPROVAL OF AGENDA

(a) Approval of April 11, 2011 Agenda

Moved, Seconded AND RESOLVED

THAT the agenda for the April 11, 2011 Committee of the Whole Meeting be approved as circulated.

CARRIED ADOPTION OF MINUTES

(a) Adoption of April 4, 2011 Minutes


THAT the minutes from the April 4, 2011 Committee of the Whole Meeting be adopted as circulated.

CARRIED

(b) Adoption of April 5, 2011 Minutes


THAT the minutes from the April 5, 2011 Committee of the Whole Meeting be adopted as circulated.

CARRIED

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Adoption of April 11, 2011 Minutes Page 3 of 57

Minutes of the Committee of the Whole Meeting of April 11, 2011

DELEGATIONS

(a) Tembec - Forest Issues Update Presenters Ken Streloff and Paul Freeze

Ken Streloff, Planning Superintendent, provided Council with an update and overview of Tembec's operations and changes in management. Ian Johnson, Planning Forester, was introduced to Council. Maps were provided for Council's review. Paul Freeze, Planning Forester, provided an update and overview of recent harvesting and road building operations as well as the planning that is underway in both departments. Mr. Freeze advised that Tembec is working with Centermount Mining to share road building and access. Staff at Tembec are in the process of preparing an Avalanche Safety Plan, a new safety requirement. Firewood cutting is one of the issues that has progressively escalated over the years. Firewood permits can be applied for through the Fire Services and Tembec. Mr. Freeze advised that they have not had an increase in allowable cut. Tembec is working to rid the forest of the pine beetle and the affected trees that are out there. The other bugs that have shown up recently are Spruce Budworm and the Douglas Fir Beetle. Mr. Freeze also advised that Tembec is aware that the Williamson Sapsucker, an endangered and 'at risk' species, may be in the area. The maps provided for Council viewing were left for further review. Tembec requires that they be returned after Council has an opportunity to provide comment. Mr. Streloff made arrangements to meet with the Fire Chief to discuss common issues. Mayor McKerracher thanked Tembec representatives for their presentation.

ADJOURNMENT

(a) Move to Adjourn


THAT the April 11, 2011 Committee of the Whole Meeting be adjourned at 5:48 pm.

CARRIED

D. McKerracher, Mayor N. Everett, Director, Corporate Services

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Adoption of April 11, 2011 Minutes Page 4 of 57




Councillor McGregor Councillor Conibear Councillor Robinson Councillor Wildeman Councillor McLean Councillor Zarowny Nancy Regular, Youth Representative

Absent:

Staff Present:

Corien Speaker, Chief Administrative Officer Norma Everett, Director, Corporate Services, Recorder Curtis Helgesen, Director, Financial Services Garity Stanley, Director, Leisure Services Bernie Van Tighem, Director, Fire Rescue & Emergency Services

There being a quorum of Council, Mayor McKerracher reconvened the meeting at 6:03 p.m. 2011 FIVE YEAR FINANCIAL PLAN

(a) 2011 Five Year Financial Plan Report distributed separately

Points of discussion: Look at available funding for brown fields. In Capital Works, Fire Protection, move the $6,000 to 2011 Misc Equipment. All draft signage to Council for review. Run of the River Project - funding available in consulting to begin investigation stage. Council discussed the $20,000 grant request from the Elkford Cultural Society. $18,600 is

for wages with the remainder being for free rentals for fundraisers, etc. First meeting is scheduled for April 13th and at that time a request will be put forth to have the Business Plan presented to Council prior to considering the grant request.

Next Budget meeting at 5:00 pm, April 18th. Notice to be posted. Pending Council's approval of the draft Budget Bylaw, Tax Rate Bylaw and Water Rates

Bylaw, the bylaws are scheduled for first three readings at the April 26th Council meeting and adoption at the May 9th Council meeting.

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Adoption of April 12, 2011 Budget Deliberations Minutes Page 5 of 57


ADJOURNMENT

(a) Move to Adjourn

# Moved, Seconded AND RESOLVED

THAT the April 12, 2011 Committee of the Whole Meeting be adjourned at 9:02 pm to April 18, 2011 at 5:00 pm.

CARRIED


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Councillor McGregor Councillor Conibear Councillor Robinson Councillor Wildeman Councillor Zarowny Nancy Regular, Youth Representative

Absent:

Councillor McLean

Staff Present:

Corien Speaker, Chief Administrative Officer Norma Everett, Director, Corporate Services Curtis Helgesen, Director, Financial Services Garity Stanley, Director, Leisure Services Bernie Van Tighem, Director, Fire Rescue and Emergency Services Dorothy Szawlowski, Administrative Assistant, Recorder

There being a quorum of Council, Mayor McKerracher reconvened the meeting at 5:00 pm. 2011 FIVE YEAR FINANCIAL PLAN

(a) 2011 Five Year Financial Plan Report by C. Helgesen, Director, Financial Services Report distributed separately

Council gave the following directions to staff: Remove the new vehicle for Council/staff from the budget; Consider allocating additional funds to the upgrade of the Municipal Campground i.e.

washrooms and shower services later in the year by way of amendment to the budget if required;

Look at establishing a reserve fund to assist covering property taxes for one year in case of a mine shut down or other emergency;

ADJOURNMENT

(a) Move to Adjourn


THAT the April 18, 2011 Committee of the Whole Meeting, Budget Deliberations be adjourned at 5:33 pm.

CARRIED


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Councillor McGregor Councillor Conibear Councillor Robinson Councillor Wildeman Councillor Zarowny Nancy Regular, Youth Representative

Absent:

Councillor McLean

Staff Present:

Corien Speaker, Chief Administrative Officer Curtis Helgesen, Director, Financial Services Dorothy Szawlowski, Administrative Assistant, Recorder

There being a quorum of Council, Mayor McKerracher called the meeting to order at 6:01 pm. APPROVAL OF AGENDA

(a) Approval of April 18, 2011 Agenda


THAT the agenda for the April 18, 2011 Committee of the Whole Meeting be approved as circulated.

CARRIED FINANCIAL AND IN-KIND ASSISTANCE GRANTS

(a) 2011 Columbia Basin Trust Grant Requests Letter from CBT - 2011/2012 CBT Proposals Summary of 2011/2012 Proposals 2011/2012 CBT Funds Available 2011/2012 CBT Community Initiatives & Affected Areas Programs RDEK

Process Schedule CBT Community Input Meeting Agenda

Mayor McKerracher welcomed representatives from the groups and organizations in attendance. He also welcomed Carrie Shafer, Columbia Basin Trust Community Liaison. COLUMBIA BASIN TRUST GRANT APPLICATIONS

(a) Baynes Lake Park & Recreation Society Cranbrook and District 4-H Council Livestock Presentation and Safety

Equipment Presenter: Karen Alexander

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Adoption of April 18, 2011 CBT Grant Deliberations Minutes

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Points of discussion: There are approximately 50 children in the club, two from Elkford; The club did not apply for the BC Lottery grants.

(b) BC SPCA East Kootenay Branch Companion Animal Spay & Neuter Initiative Project

Presenter: Catherine Hough Points of discussion: 21 cats and 14 dogs spayed and neutered from Elkford in the last five years; East Kootenays have highest pet overpopulation in BC.

(c) Bear Aware Elk Valley Bear Aware Program

Presenter: Courtenay Sopko

(d) Bootleg Sled Dog Race Society 4th Annual Bootleg Sled Dog Race

Presenters: Karen Alexander and Gail Brown

(e) Canadian Red Cross Society Red Cross Child and Youth Medical Equipment Red Cross Health Equipment Loan (HELP) Equipment Audit

Nobody in attendance.

(f) Columbia Basin Family Resource Society Keeping Kids Safe Community Education

Presenter: Donna Leskosek

(g) Community Connections Society of Southeast BC Getting Plugged In - Technology Infrastructure (Network Setup) for KCHDC

Presenters: Gail Brown and Jamie Chamberlain

(h) Cranbrook and District Community Foundation East Kootenay (Cranbrook) Homeless Shelter

Presenter: Melba Hanson Points of discussion: Salvation Army providing the land for the shelter; No BC Lottery grants available for the project.

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(i) District of Elkford Elkford Youth Explorations Camp 2011

Presenter: Colleen Trozzo

(j) District of Sparwood Ghostrider Adventure Camp

Presenter: Terry Cleverly Points of discussion: 12 children from Elkford participated in the camp in 2010; Main focus of the camp is to serve the underprivileged children.

(k) East Kootenay Brain Injury Association Moving Forward


(l) Elk Valley Critical Incident Response Team Elk Valley Critical Incident Response Team Project

Presenter: Kay Bottolfson

(m) Elkford Figure Skating Club Figure Skating Iceshow

Presenters: Adele Tuusa and Valerie Inman

(n) Elkford Food Bank Society Food Bank Supplies

Presenter: Meryl Dyck

(o) Elkford Nordic Ski Club Storage Container

Presenter: Garry Lucas Suggestion from Council: Apply for grants through RDEK Area A as the location of the club is outside of Elkford's

boundaries.

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(p) Elkford Snowmobile Association Refurbish/Replace Decking

Presenter: Tracy James Suggestion from Council: Apply for grants through RDEK Area A as the location of the cabin is outside of Elkford's

boundaries.

(q) Elkford Womens Task Force Society Kids Community Calendar

Presenters: Kim Bauer and Jamie Chamberlain, Elkford Early Childhood Development Society

(r) Fernie and District Arts Council Theatrical Development Program

Presenter: Brian Dorscht, new Executive Director, Fernie Arts Station

(s) Fernie Writers Conference Society The Fernie Writers' Conference


(t) Kimberley Disabled Skiers Association Kimberley Entry Level Speed Training Camp


(u) Kootenay Columbia Caregivers Association Caring and Sharing


(v) Kootenay Power Boat Association Lake Koocanusa Public Boat Launch

Presenter: Tracy James

(w) Miss Elkford Youth Ambassador Society Miss Elkford Youth Ambassador 2011/2012 Program

Presenter: Debbie Kliment

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(x) Options for Sexual Health Sexual Health Education and Support in the Schools


(y) Rockies Institute Society Mountain Community Host Program


(z) Special Olympics British Columbia Elk Valley Bowling and Swimming Programs

Nobody in attendance. GRANT DELIBERATIONS & RECOMMENDATIONS

(a) Grant Deliberations & Recommendations

Council recommended the following grants allocation: Baynes Lake Park & Recreation Society - $200.00 Cranbrook and District 4-H Council Livestock Presentation and Safety Equipment

BC SPCA East Kootenay Branch - $500.00 Companion Animal Spay & Neuter Initiative

Project Bootleg Sled Dog Race Society - $200.00 4th Annual Bootleg Sled Dog Races

Canadian Red Cross Society - $1,690.00 Red Cross Child and Youth Medical Equipment

Columbia Basin Family Resource Society - $1,000 Keeping Kids Safe Community Education

Community Connections Society of Southeast BC - $1,300.00 Getting Plugged In - Technology Infrastructure (Network Setup) for KCHDC

Cranbrook and District Community Foundation - $2,000.00 East Kootenay (Cranbrook) Homeless Shelter

District of Elkford - $2,000.00 Elkford Youth Explorations Camp 2011

District of Sparwood - $1,200.00 Ghostrider Adventure Camp

East Kootenay Brain Injury Association - $1,000.00 Moving Forward Program

Elk Valley Critical Incident Response Team - $3,540.00 Elk Valley Critical Incident Response Team Project

Elkford Figure Skating Club - $1,714.57 Figure Skating Ice Show

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Elkford Food Bank Society - $7,500.00 Food Bank Supplies

Elkford Nordic Ski Club - $2,000.00 Storage Container

Elkford Snowmobile Association - $1,500.00 Refurbish/Replace Decking

Elkford Women's Task Force Society - $4,004.00 Kids Community Calendar

Fernie and District Arts Council - $500.00 Theatrical Development Program

Fernie Writers' Conference Society - $500.00 The Fernie Writers' Conference

Kootenay Columbia Caregivers Association - $200.00 Caring and Sharing

Miss Elkford Youth Ambassador Society - $2,500.00 Miss Elkford Youth Ambassador 2011/2012 Program

Special Olympics British Columbia Elk Valley - $800.00 Bowling and Swimming Programs

Total: $35,848.57 ADJOURNMENT

(a) Move to Adjourn


THAT the April 18, 2011 Committee of the Whole Meeting be adjourned at 8:30 pm.

CARRIED


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Halcrow Inc.

Suite 601, 1155 W. Pender, Vancouver, British Columbia V6E 2P4, Canada

Tel +1 (604) 293-2882 Fax +1 (604) 293-2892

www.halcrow.com

Technical note

A Halcrow company 110617 - Bylaw Revisions Agenda Package - CotW (V2 BE Comments).doc

1. INTRODUCTION

1.1. The District of Elkford is working with Halcrow, ISL Engineering, and Young Anderson to

assist in the revision of 6 key District regulatory bylaws; namely the District’s Zoning

Bylaw, Building Bylaw, Subdivision Servicing Bylaw, Water Bylaw, and Sanitary Sewer

Bylaws.

1.2. The process involves four phases:

• Phase 1 – Issue Identification

• Phase 2 – Technical Analysis

• Phase 3 – Bylaw(s) Preparation

• Phase 4: Bylaw Adoption

1.3. As part of the issue identification effort, the District and consultant team worked with

staff and the Community Working Group, as well as the community at-large, to identify

issues and experiences with the District’s current regulatory framework.

1.4. During the technical analysis and Bylaw(s) preparation phases, the consultant team,

together with District staff, developed and proposed solutions to the issues identified in

the first phase of the project, and drafted new versions of the District’s regulatory

Bylaws incorporating these proposed revisions.

1.5. The purpose of this agenda package is to outline the proposed revisions to the Bylaws in

order to facilitate discussion as well as generate comments and feedback. The proposed

revisions represent draft wording and are not final; further revisions based on

discussions with Council, the Community Working Group, and the public are anticipated.

To: Norma Everett, District of Elkford Date: 17 June 2011

Project: District of Elkford Bylaw Revisions Ref: CTLDQH000

Note: Bylaw Revisions Agenda Package

Author: Brent Elliott, Desmond Bliek; Halcrow

Bylaw Revisions Agenda Package● Report by Brent Elliott and Desmond Bliek, Halcrow

Page 15 of 57

Technical note Bylaw Revisions Agenda Package Page 2

Project District of Elkford Bylaw Revisions Ref CTLDQH000

A Halcrow company 110617 - Bylaw Revisions Agenda Package - CotW (V2 BE Comments).doc

1.6. Two documents are enclosed in this agenda package:

• Summary of Changes Technical Note

• Open House Panels

1.7. The Summary of Changes Technical Note contains a comprehensive list of all changes

proposed for the Bylaws, while the Open House Panels, which will be on display in the

Elkford Mall and at a Public Open House at the Banquet Hall on Thursday June 23rd,

represent a higher level overview of those proposed revisions which were the subject of

the most intensive discussion and focus from District staff and the consultant team.

1.8. The presentation and agenda for the Committee of the Whole meeting will emphasize

the issues covered in the Open House Panels, but discussion; questions and comments

on any of the proposed change, as documented in the Summary of Changes Technical

Note, are welcome.

1.9. Please note that if you wish to print the Open House Panels, that this PDF file is

formatted for poster printing; please ensure that you select the appropriate paper size

and that you select the ‘Fit to Printable Area’ page scaling option in the print dialog.

Bylaw Revisions Agenda Package● Report by Brent Elliott and Desmond Bliek, Halcrow

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Halcrow Consulting Inc

Suite 601, 1155 West Pender Street, Vancouver, British Columbia V6E 2P4 Canada

Tel +1 (604) 293-2882 Fax +1 (604) 293-2892

www.halcrow.com

Technical note

A Halcrow company 110620 - Technical Note Preliminary Bylaw Revisions Summary V3.doc

1. INTRODUCTION

1.1. Halcrow Consulting, with its partners ISL Engineering and Land Services and Young, Anderson

Barristers and Solicitors, has been retained by the District to provide a comprehensive review and

update the District of Elkford’s Zoning Bylaw, Building Bylaw, Subdivision Servicing Bylaw,

Development Cost Charge Bylaw, Water Bylaw, and Sanitary Sewer Bylaw as well as create a new

Sign Bylaw, Procedures Bylaw and Board of Variance Bylaw.

1.2. Through advance engagement efforts, an initial list of issues was developed. Using the list of

issues as a guiding document, and building on continued discussions with staff, the Halcrow team

revised the Bylaws; focusing specifically areas of uncertainty, contradiction, inconsistency with the

enabling legislation, and opportunities to better reflect the District’s sustainable aspirations for its

community.

1.3. Set out below is a summary of the proposed changes to the District’s regulatory Bylaws.

2. ZONING

2.1. General

i. References to defined terms were capitalized.

ii. References to Provincial legislation were italicized

iii. References to the District’s OCP were updated with the appropriate Bylaw number.

To: Norma Everett, District of Elkford

Corien Speaker, District of Elkford

Date: 20 June 2011

Project: District of Elkford Bylaw Revisions Ref: CTLDQH000

Note: Preliminary Bylaw Revisions Summary Report

Author: Brent Elliott and Des Bliek, Halcrow Consulting

Preliminary Bylaw Revisions Summary● Report by Brent Elliott and Desmond Bliek, Halcrow

Page 17 of 57

Technical note Bylaw Revisions Summary Report (Draft) Page 2



2.2. Interpretation

i. The definition for Accessory Use, Building and Structure was expanded to provide clarity as

to the typical types of buildings and structures considered under this definition, including

(but not be limited to) greenhouses, sheds, detached garages, and vehicle tents. The

definition further detailed that vehicle tents specifically could not be located in the front

yard of a lot in a residential or commercial zone to support current District policy.

ii. Expanded Agriculture definition to coincide with the Ministry’s definition, excluding mention

of the application of fertilizers, manure, pesticides and biological control agents, including by

ground and aerial spraying.

iii. Urban Agriculture was added as means of ensure that community gardens and urban

agriculture are permitted.

iv. Added Assisted Living Facility, referencing the proper Provincial Act, defining the number of

residence as three or more.

v. Revised Basement definition to coincide with the definition set out in the BC Building Code.

vi. Added Bicycle Parking, Class A & B definitions to support new requirements under Part 6 of

the Bylaw.

vii. Added Biomass and Boiler to the definitions to coincide with newly added provisions for

renewable energy. It is noted that such biomass facilities are not intended to represent

residential wood-burning fireplaces.

viii. Revisions were made to the Boarder, Boarding and Boarding House definitions to better

distinguish between the user, the use and the dwelling type respectively. The previous limit

of 2 boarders in a boarding use was maintained, however within a Boarding House dwelling

such a limit would not apply.

ix. Caretaker Trailer was added to permit caretaker residence in a recreational vehicle on public

or recreational zoned land, not to include recreational vehicles used for recreational

purposes on residential zoned lands.

x. The definition of Cellar was deleted.

xi. Added a definition for Child Care Centre, referencing the proper Provincial Act.


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xii. The definition of Commencement of Development was deleted, as it was not used in the

Bylaw.

xiii. Common Activity Area was inserted to support General Regulations relating to usable open

space and amenity space requirements.

xiv. Cottage Brewery was amended to note that Food Primary Establishments may be permitted

as part of the use.

xv. Added Domestic Animal definition to replace Pet in order to ensure consistency with the

language in the Kennel definitions and regulations.

xvi. In an effort to reduce the number of dwelling type definitions, noting considerable overlap

existed amongst the present definitions, Three Unit Dwelling and Four Unit Dwelling were

combined to create Apartment Dwelling. Similarly, Row House Dwelling and Garden

Apartment were combined to create Townhouse Dwelling. Furthermore, the existing eight

unit cap on townhouses within a single townhouse building was removed.

xvii. Family was replaced with Household to account for variety of shared living arrangements.

xviii. Added new Fence definition to clarify that it is a structure distinct from landscape screening

and landscaping.

xix. Added Food Primary Establishment and Food Primary License to reflect existing legislation

and to differentiate licensed restaurants from non-licensed restaurants.

Food Primary Establishment means a use where the preparation, service and sale of food is

the primary focus. A food-primary establishment must offer both appetizers and main

courses and have a Food Primary License.

Food Primary License means a liquor license issued by the Province of British Columbia Liquor

Control and Licensing Branch for a business where the service of food, as opposed to liquor, is

the primary focus.

xx. Added Frontage definition to clarify the distinctions between the principal and secondary

façades of buildings on corner lots, and to correspond with language in the mixed-use

(residential and commercial) regulations, which restrict the amount of first storey frontage

that can be dedicated to non-commercial uses.

xxi. Revised Finished Grade and Natural Grade definitions as well as added related Average


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Finished Grade and Average Natural Grade definitions, noting previously the described basis

for determining height was inconsistent throughout the Bylaw. With the proposed revisions,

building height will now be based on the lesser of average natural or average finished grade,

while finished and natural grade serve to define the height of other structures such as walls

or fences or provide the basis for informing regulations such as coverage, projections, etc.

Grade, Average Finished means the average elevation of the finished grade around the

building’s perimeter located at each of the four outermost exterior corners of a building, or

projections thereof, (exclusive of minor planters or mounding of soil) with any proposed

changes to natural grade due to construction, any placement of fill, or removal of soil. In the

case of a townhouse building, the average finished grade shall be the average of the four

elevations located either where the outermost sidewall faces or firewall separations, or

projections thereof, intersect with the frontmost and rearmost wall face of the principal

building, or projections thereof.

Grade, Average Natural means the average of the natural grade as measured around the

perimeter of a building located at each of the four outermost exterior corners of a building, or

projections thereof. In the case of a townhouse building, the average natural grade shall be

the average of the four elevations located either where the outermost sidewall faces or

firewall separations, or projections thereof, intersect with the frontmost and rearmost wall

face of the principal building, or projections thereof.

Grade, Finished means the topography on the lot after construction, including the addition of

fill or removal of soil, but excludes localized depressions.

Grade, Natural means, with reference to development not requiring subdivision, the

undisturbed normally existing topography of a lot as determined by a registered land

surveyor or ,where development requires subdivision, the topography established on the

grading plan submitted as a component of subdivision servicing on the property prior to any

construction, but excludes Localized Depressions in all cases.

xxii. Added Gross Floor Area definition, with reference to the exclusions outlined in section 4.13.

xxiii. Added Habitable definition to assist in differentiating between habitable and non-habitable

space for the purposes of determining Gross Floor Area and dwelling size.

xxiv. Revised Height definition to account for changes to grade definitions and to differentiate

between shallow (or flat) and steeply pitched roofs.

xxv. Redefined Highway as Street, and emoved ‘lane’ from the Street definition due to the

absence thereof in Elkford.

xxvi. Streamlined Home Occupation definition by making reference to section 4.16, which

regulates Home Occupations.


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xxvii. Broadened Hotel definition to include ancillary facilities such as restaurants, meeting

facilities, fitness centres, and others and to include motels.

xxviii. Redefined Junk Yard as Salvage Yard.

xxix. Added Kitchen definition to assist in defining legal and illegal dwellings/suites and to

differentiate between sleeping units (in hotels, motels, bed and breakfasts, and boarding

houses) and dwelling units.

xxx. Strengthened Landscaping definition to allow for permeable hard surfaces (bricks, pavers,

shale, etc.) and to exclude paved or uncleared natural bush, undergrowth, or uncontrolled

weeds.

xxxi. Added definitions for Liquor Primary Establishment and Liquor Store with reference to

proper legislation in order to differentiate between licensed restaurants and bars or pubs

where the serving of alcohol is the primary aspect of the business; the Liquor Store

definition, separate from generalized Retail, allows for greater control over the location of

such establishment, whether public or private.

xxxii. Added Localized Depression definition to account for changes to grade definitions, which

exclude small variations in the terrain, whether natural or created for access to below grade

windows, doors, or garages; the language serves to define the size below which variations in

the terrain are considered ‘localized’.

xxxiii. Revised Lot definition to exclude Highways; added definitions for Corner, End, and Interior

Lots, in order to allow for distinctions in siting regulations for multi-unit residential uses, as

well as definitions for Lot Area, Lot Coverage, and Exterior Side Lot Line.

xxxiv. Revised Mail Order Sales definition to include more contemporary forms of commerce

including online shopping, and to no longer require the existence of a specific catalogue.

xxxv. Added Mobile Home Park Amenity and Administration Use definition, which creates a

specific use for common services, amenities, administration, and recreation for mobile home

parks.

xxxvi. Deleted Motel definition, folding this into the Hotel definition.

xxxvii. Added definitions for Office, Personal and Professional Services, Retail, and Restaurant as

part of overall revision and streamlining of commercial uses that moves away from specific

businesses and towards broader activity groupings.


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xxxviii. Added Process Heater definition as part of renewable energy regulations.

xxxix. Revised Public Utility definition to refer to proper legislation and to broaden the range of

utility types, including wireless communications and traffic control.

xl. Replaced rest home with Assisted Living Facility, in order to align with terminology in

provincial legislation.

xli. Added Secondary Suite definition in order to implement OCP directions regarding greater

diversity of housing options; regulations are included in section 4.20.

xlii. Added washing to the Service Station definition in order to simplify the list of commercial

uses.

xliii. Clarified Setback definition by referring to the face of the foundation of a building or

structure as the point from which measurements are taken.

xliv. Deleted Shopping Centre definition as the permitted uses in commercial zones do not

preclude multiple uses on a single development site or lot.

xlv. Deleted Sign-related definitions, which have been moved to the Sign Bylaw.

xlvi. Replaced Site Coverage with Lot Coverage, to align with regulations in the zones, which

cover this at a lot level, rather than at the level of the development site.

xlvii. Simplified Storage Yard definition, removing examples of specific goods or materials,

specifying the unenclosed nature of the use, and referencing the separate Salvage Yard

definition.

xlviii. Added First Storey definition in order to support mixed use (commercial/residential)

regulations restricting residential uses on the first storey, as well as to define Basement

(below the first storey).

xlix. Revised Subdivision definition to refer to the process of subdividing lots, rather than a

resulting product, defined through reference to legislation.

l. Deleted Summer Enterprise definition due to lack of policy direction or clarity on the

continued relevance of this use.

li. Deleted Truck Motel definition as this was not a permitted use in any zone.


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lii. Added Useable Open Space definition to clarify amenity requirements where townhouse or

apartment dwellings are a principal use.

liii. Simplified Use definition.

liv. Added Vehicle and Equipment Sales, Rental, and Service definition to group together

various vehicle and equipment related uses in the Commercial and Industrial zones,

clarifying that this use does not include a Service Station.

2.3. Application, Administration, And Enforcement

i. Under section 3.5, the maximum penalty for any person violating a provision of the revised

Bylaw was increased from $500 to $10,000.00.

ii. Updated references to ‘Municipal Act’ with ‘Local Government Act’ and replaced references

to ‘parcel’ with ‘lot’.

2.4. General Provisions

i. Under section 4.1.2, the list of uses, buildings, and structures permitted in all zones has been

revised to include: accessory off-street parking, urban agricultural uses, buildings and

structures for public utilities, and parks and playgrounds; these items have subsequently

been removed from the list of permitted uses in each zone.

ii. Under section 4.2.3, regulated the use of shipping containers to ensure that non-

transportation use is treated as an accessory structure, only permitted in C-2 and I-1 zones,

and restricted in terms of size and the requirements of the Building Bylaw and BC Building

Code.

iii. Under section 4.4, clarified the provisions for non-conforming uses, land, buildings, and

structures, with additional language to preclude encroachments and to cap the scale of any

subsequent changes at 75% of the value of the existing situation, consistent with the BC

Building Code.

iv. Under section 4.8, the reference to projects with building permits at the time of bylaw

adoption has been deleted.

v. Under section 4.11, the list of Height Exemptions has been revised to include: steeples,

cupolas, telecommunications antennas, and clotheslines.


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vi. Under section 4.13, regulations for determining Gross Floor Area have been added, with

specific exemptions designed to encourage higher efficiency heating/cooling equipment and

wall assemblies, accurately consider above-ground portions of walk-out basements, and to

reward the provision of amenity space in multi-unit buildings. This list has been structured

in a clear, concise format.

vii. Under section 4.14, the list of permitted Projections into Setbacks has been revised to

include clothesline poles, public utilities, cisterns, storage tanks, and other underground

structures covered by sufficient soil depth to accommodate landscaping, and ramps, lifts, or

other structures intended to allow access to buildings by persons with disabilities.

viii. Under section 4.16, Home Occupation regulations have been revised to prohibit peddlers,

allow for no more than two non-resident employees (increased from zero), to limit deliveries

to once per week (previously ‘regular or frequent’),to require that any additional vehicle

parking be accommodated off-street, to allow for the use of garages for indoor storage, to

align with Business License Bylaw requirements regarding the accessory nature of home

occupations, and to stipulate the requirement for a business license.

ix. Under section 4.17, Child Care regulations have been revised to align with proper legislation,

including an increase in the number of children allowed in an in-home facility from 5 to 8;

child care facilities in the C-1, C-3, and P-1 zones are to be treated as principal uses.

x. Under section 4.19, regulations for renewable energy devices and systems have been added,

including siting, size, and zone restrictions for solar, geothermal/heat pump, wind, and

biomass technologies; biomass has been permitted in the P, A, and UR zones.

xi. Under section 4.20, regulations for Secondary Suites and Coach Houses have been added,

including reference to their accessory status, a limit of one such unit per principal dwelling,

floor area limits (as per BC Building Code), as well as siting and coverage regulations for

coach houses.

2.5. Parking and Landscaping

i. Under section 6.1.1, the list of uses in the Parking Requirements table have been adjusted to

account for changes in the permitted uses for each zone; one result of the adjustments to

commercial and industrial uses is that a greater number of uses have the same parking

requirements, removing barriers to redevelopment or re-use of existing space by new

businesses. The table headings have been changed to clarify that the requirements apply to

both principal and accessory uses.


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ii. Under section 6.1.3, the reduction in parking requirements for mixed-use developments has

been increased from 15 to 25% of the sum total for all uses to reflect standards in

accounting for parking demand. It is noted that the existing policy is considered already

innovative in BC.

iii. Under section 6.1.4, a fee-in-lieu of parking provision has been added, at a rate $3,000 per

space (to be dedicated to alternative transportation or parking as per provincial legislation);

fee-in-lieu spaces are to be counted as 1.5 each towards the requirement, as an incentive to

participate in this program.

iv. Under section 6.1.11, the surfacing requirements for off-street parking have been revised to

allow for durable permeable surfaces, including non-grouted pavers, and permeable

asphalt/concrete paving. 6.1.11 has been revised to clarify that these regulations do not

apply to single-unit or two-unit residential uses.

v. Under sections 6.1.12 through 6.1.14, landscaping and screening requirements have been

added, including minimum landscape strip and tree planting, as well as requirements for on-

site drainage management and dark-sky lighting containment. These regulations have been

clarified to allow curbs as a choice rather than a requirement.

vi. Under section 6.2, the regulations for permitted parking or storage of heavy vehicles in

residential zones has been expanded to include trucks and contractors equipment where

permitted work is in progress.

vii. Under sections 6.3.7 and 6.3.8, regulations were added for the surfacing and drainage of off-

street loading areas, as well as lighting containment requirements.

viii. Former section 6.4, on Signs, has been deleted.

ix. Under section 6.4 (new), Screening requirements have been enhanced with details on the

measurement of screen height; previous wording ‘constructed’ has been replaced with

‘provided and maintained’ to reflect maintenance expectations, and screening requirements

have been introduced for salvage yards, storage yards, waste storage, parking, and

agricultural interfaces.

x. Mobile home park screening and buffering has been relocated to section 6.4.4.

xi. Under section 6.5, landscaping regulations have been introduced for all zones excepting R-1

and R-2; these latter zones are subject to a minimum requirement of 30% landscaped,


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permeable area. Landscaping requirements include:

� preservation of existing healthy woody plants

� reference to BC Landscape Standards

� minimum height and calliper for trees

� low-irrigation, xeriscape, Bear Aware and FireSmart planting selection and location

requirements

xii. Under section 6.6, Retaining Wall regulations have been added, specifying maximum height

and minimum separation between wall segments (both 1.2m), with the exception of

stacked-rock walls with less than 45 degree slope.

2.6. Zones

i. Under section 7.1.2, residential components of mixed use developments have been

restricted to a maximum of 25% of first storey frontage to ensure continuity of commercial

use and environment.

ii. Under section 7.7.1, temporary use of buildings for election polling and campaign purposes

has been deleted from the list of exemptions; this is part of the addition of those activities to

the list of uses permitted in all zones.

iii. In all zones (sections 7.8 onwards) the following organizational and formatting changes have

been made:

� parks and playgrounds and public utilities have been removed from the list of

permitted uses; this is part of the addition of those activities to the list of uses

permitted in all zones;

� the lists of permitted uses have also been split into two groupings: principal and

accessory;

� lot area, frontage, and coverage regulations included in each zone in separate

subsections.

� references to ‘yards’ have been replaced with ‘setbacks’ to differentiate between the

required minimum distance from a property line (setback) and the area between a

building face and a property line (yard).

� requirements for a larger side setback in cases where no front garage exists have

been eliminated in order to allow for greater flexibility in building design; life safety


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access to rear yards is protected by the default side setbacks and minimum fire

separation requirements in the BC Building Code.

� setback regulations in residential zones allowing for garages and carports to be

shared amongst two lots were clarified.

� ‘daily/weekly rental’ as permitted use was removed as a permitted use in all

residential zones as this activity is covered by accessory boarding and bed and

breakfast uses.

iv. In R-1 (section 7.8), secondary suites have been added as an accessory use, and building

heights have been reduced to 9.5m from 10m, as a consequence of changes to the Height

definition.

v. In R-2 (section 7.9), secondary suites and boarding houses (limited to 15 sleeping units per

hectare) have been added as accessory uses; building heights have been reduced to 9.5m

from 10m. Lot sizes have been revised to account for single-unit and two-unit dwellings on a

single lot, as well as one half of a two-unit dwelling on a single lot as principal uses, with

corresponding reductions in lot size and frontage regulations.

vi. In R-3 (section 7.10), two-unit dwellings have been added as a principal use, and secondary

suites and boarding houses (to a maximum of 15 sleeping units per hectare) have been

added as accessory uses; height has been reduced to 9.5m from 10m; usable open space and

common activity area requirements have been added for townhouse dwellings.

vii. In R-4 (section 7.11), boarding houses (to a maximum of 20 sleeping units per hectare) have

been added as an accessory use; usable open space and common activity area requirements

have been added for townhouse and apartment dwelling units.

viii. In R-5 (section 7.12), boarding houses (to a maximum of 20 sleeping units per hectare) and

secondary suites have been added as accessory uses; usable open space and common

amenity area requirements have been added for townhouse and apartment dwellings.

ix. The R-5A zone (section 7.13) has been deleted.

x. A new R-6 zone is proposed (section 7.X), which accommodates a ‘pocket neighbourhood’ or

‘cottage cluster’ form of development, with small 1 to 1.5 storey detached dwellings (no

more than 100 square meters GFA) are clustered around a common open space and share a

single parking area. Dwellings may be site-built or modular / prefab, but this zone is not

intended to accommodate mobile homes. The dimensions for the development site and the

individual lots are based on successful precedents in Washington state, adapted to the

specific context of the former mobile home park site on Alpine Way.


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xi. In R-MP (section 7.12), the minimum floor area for a mobile home was increased to 70 m2 to

align with regulations for suites and coach houses.

xii.

xiii. In C-1 (section 7.15), the principal uses have been consolidated from the very specific

definitions presently in the Bylaw to a more general set of commercial uses, including

offices, indoor recreation and entertainment, and personal services. These revised uses are

based on consideration of standard terminology in zoning bylaws from across British

Columbia and are defined in greater detail in the definitions section of the Bylaw.

In addition, Apartment Dwellings have been added as a principal use, subject to first

storey frontage restrictions, and restricted to a maximum of 40 dwelling units per

hectare (as per the OCP).

Service stations have also been deleted as a principal use, to be accommodated in C-2

and to reduce the highway orientation of the Town Centre.

As well, the maximum height has been increased from 12m to 15m, in order to

accommodate retail + 3 levels of apartment dwellings.

xiv. In C-2 (section 7.16), child care centres have been added as a principal use; several

automotive and equipment related uses have been amalgamated into a vehicle and

equipment sales, rental, and service use; and apartment dwellings are included as an

accessory use, limited to one such unit per principal use; and maximum height has been

increased from 9m to 12m to conform to contemporary heavy commercial needs. Additional

changes to permitted uses include removing child care, and adding contractors’ services,

animal shelter/grooming/daycare, light manufacturing/assembly, and accessory office. The

grocery stipulation applying to accessory retail was removed.

xv. In C-3 (section 7.17), liquor store, post office, bank, and grocery store over 125m2 have been

removed as a permitted use, in order to strengthen the primary role of the town centre;

maximum height has been increased from 7.5m to 12m, to allow for retail + 2 floors of

apartments. Apartment Dwellings have been permitted as a principal use, subject to first

storey frontage restrictions and limited to 20 dwelling units per hectare (as per OCP). C-3

setbacks were also reduced, to harmonize with adjacent multiple unit and apartment

residential zones.

xvi. In I-1 (section 7.18), uses were rationalized and aggregated in a similar way as in C-1, moving

from more specific examples to slightly broader definitions; processing and manufacturing of

milk and soft drinks, as well as bakeries and several other items, for example, were


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aggregated into a single ‘manufacturing, processing, packaging, bottling, and non-retail

distribution of food and beverages, including cold storage, abattoirs, butchering, and

taxidermy’ use. In addition, animal shelter/grooming/daycare/kennel, solid waste disposal,

recycling processing facility were added as permitted uses.

Unenclosed storage and salvage yards, subject to stricter screening requirements in the

Parking and Landscaping section of the Bylaw, are also now allowed only as accessory to a

principal use.

In general, the new range of uses, which captures the previous very specific instances with

more generality, should offer the District a greater level of discretion when considering new

use applications, while remaining sufficiently specific to preclude undesired activities that

are not expressly permitted. The new uses are based on a consideration of Elkford’s existing

industrial uses as well as a review of permitted uses in industrial zones in Sparwood, Fernie,

Cranbrook, the Okanagan, and the Lower Mainland.

xvii. In P-1 (section 7.19), caretaker trailer was added as a permitted use, several emergency

services were consolidated into a single ‘public safety buildings’ use, and multiple civic and

recreational facilities were aggregated into indoor and outdoor recreation definitions; retail,

restaurants, and liquor primary establishments were added as accessory uses to a principal

public institutional use; a single unit dwelling was added as an accessory use to a place of

worship. In addition, solid waste disposal was removed and recycling transfer station was

added; the minimum floor area of accessory residential to place of worship was increased to

90m2 to align with standard single-unit dwelling requirements.

xviii. A new zone (P-2) was added to accommodate campground uses.

xix. In A-1 (section 7.20), caretaker trailer was added as a permitted accessory use and maximum

building height was increased from 7.5 to 9.5m (in line with the permitted height for single

unit dwellings elsewhere in Elkford); public/recreational use was deleted in order to

harmonize the approach to all agricultural land in Elkford with ALC policy, while several

public utility uses were deleted due to their inclusion in the list of uses permitted in all

zones. The requirement that single-unit dwellings be accessory to a principal agricultural

activity was maintained.

xx. In UR-1 (section 7.21), caretaker trailer was added as a permitted use and the outdoor

recreation use was revised to specifically include shooting and archery ranges (not in the

base definition of outdoor recreation); maximum building height was increased from 7.5 to

9.5m, to align with the standard for single unit dwellings across Elkford’s residential zon


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xxi. Schedule D (the Off-Street Parking Covenant Form) was removed as the s219 (LGA) covenant

is more practical.

3. SUBDIVISION AND DEVELOPMENT SERVICING, WATER, AND SANITARY AND STORM SEWER

i. The District’s Subdivision and Development Servicing Bylaw, Water Bylaw and Sanitary and

Storm Sewer Bylaw were each entirely revised, making a summary of the various newly

inserted changes difficult to provide succinctly. However, the revisions were undertaken in

response to key directions outlined by Staff, the Stakeholder Working Group and the

community, which are outlined below.

3.2. Subdivision and Development Servicing

i. A key change in the Bylaw, both in terms of its organisation and overall approach, involves

the use of the Master Municipal Construction Documents (MMCD) as a basis for the design

criteria and specifications. Rather than developing individual design standards, the use of

the MMCD standards allows for a standard approach and offers consistency with the

development industry. Noting that, the Bylaw does not rely entirely upon the MMCD, as it

was recognised that specific design conditions existed within the District that required

‘Elkford specific’ design direction, especially those that related to winter ground freezing

conditions.

ii. Noting the importance of managing post-development stormwater flows, considerable

regulations have been inserted, including the requirement of a stormwater management

plan for all developments larger than 3 ha made up of ‘minor’ and ‘major’ systems’ that

incorporate various set stormwater source control measures such as infiltration swales, rain

gardens and pervious pavers.

iii. The Bylaw also coordinates requirements with the Sanitary and Storm Sewer Bylaws and

Water Bylaw. In reference to the latter, for example, and in regard to the issue of freezing

ground conditions, the Bylaw now requires that water mains must be a minimum cover of

2.75 m to the top of the service, as well as the installation of insulation to protect all mains

and services from freezing, unless a submitted engineering design demonstrates the viability

of reduced depth of cover and insulation.

iv. The Bylaw also specifies appropriate 4” green-barelled hydrant connections for new

development to coincide with the requirements of the District’s new fire truck, subject to the


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approval of the Approving Officer.

v. Service connections are to require a minimum of 20mm diameter and a corporation stop

prior to being tapped into the water mains.

vi. Much discussion of street standards resulted in a review of new standards for roads, with an

emphasis on permeable surfaces and reduced pavement widths, within consistent right-of-

way widths and adequate subsurface design. A series of road cross-sections are included in

the revised Bylaw, which incorporate District preferences on hard surface widths, swale

features as well as hillside requirements.

3.3. Water

i. The District’s Water Conservation Policy was added to the Bylaw in order to better regulate

and enforce water restrictions.

ii. A clause was added to indicate that the District shall not be held responsible, when water

service is interrupted, for any damage to private plumbing, piping or other apparatus

supplied with water from the water system.

iii. When an owner seeks a larger Water Service pipe, requirements have been added that the

owner must provide to the District, for CAO approval, a demand calculation as well as fund

the District’s installation of any approved upgrade.

iv. Requirements have been added for a minimum of 2 business days notice prior to needing an

inspection or connection to the District water service.

v. Requirements for a Cross-Connection Control Device to be installed on the owner’s plumbing

system were added for any new construction, reconstruction or renovation project.

vi. Added regulations clarifying that an owner is required to provide 14 days notice for any

termination of water service by the District.

vii. As well, should an owner wish to temporarily cease water service, a fee shall be paid to the

District.

viii. A new section was inserted prohibiting the installation of a cross connection that may

contamination of the water service. Should such a connection be found by the District, the

owner shall be responsible to correct the connection, or incur penalties or the District may

turn off water service.


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ix. Noting the importance of protecting against frozen services, new requirements were added

that the owner of a frozen service line is responsible for the cost of having the District

unthaw the line (previously the District was responsible for the first thawing efforts, with all

following thawing costs falling to the owner). As well the owner is prohibited from using

direct current in the thawing of the frozen service.

x. Additionally, the owner is required to install a freeze protection device, approved by the

District, with the Owner being responsible for any damage which may occur as a result of

improper or negligent operation and maintenance of the freeze protection device.

xi. A new set of regulations were added focused on metering, requiring owners at their expense

to install District sealed and provided meters and remote reading devices. The intent of the

regulations is to further encourage water conservation, not billing purposes.

xii. The owner is required to protect or cover the costs of replacement of any damaged meters.

xiii. The owner is responsible for providing the District with an appropriate location and all

pluming materials needed for installation by the District.

xiv. Relocating meters shall be permitted provided the District approves the new location and

the owner covers all expenses incurred as a result of the move.

xv. Provisions have been added requiring the owner to allow the District access to read the

meter. It is noted that should access not be provided, estimation consumption will inform

any eventual water charges.

xvi. Provisions have been added that allow the District to request that their meter be tested once

a calendar year, to determine if the meter is registering within 3% of the water passing

through the meter. If the meter is found to be working correctly, the owner shall bear the

inspection costs. However, if the meter is inaccurate, the District shall cover the inspection

costs and the costs of a new meter.

xvii. Measures to estimate consumption have been added in the event that a meter cannot be

accessed or if a meter fails to register.

xviii. Noting the role of freeze protection devices in preventing frozen services, owners are now

required to install at least a ¼” bleeder valve.

xix. The Bylaw also identifies that persons contravening the Bylaw will be liable for the penalties

set out in the District of Elkford Municipal Ticketing Bylaw. Further, the minimum fine for


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any offence will be a minimum of $200.00 but not more than $10,000.00.

3.4. Sanitary and Storm Sewer

i. The new bylaw sets out regulations to establish the service(s) as well as outlines the

responsibilities for costs appointed to the District and the land owner. The Bylaw also

provides for the inspection of any property that is connecting to a sewer and sets out

penalties and offences for any contravention of the Bylaw similar to those outlined in the

Water Bylaw, for consistency.

ii. The Bylaw specifies that in the case of connecting, disconnecting or repairing private service

pipes by a Person other than the District, the District CAO must be notified a minimum of 2

business days prior to requiring any inspection.

iii. Separate Severance and Repeal sections were created to clarify the distinctions between

clauses previously grouped under a single Coming Into Effect section.

iv. The Bylaw also provides considerable new regulation on the issue of prohibited waste,

making it unlawful to dispose of any type of waste as defined in the Bylaw’s Schedule A (i.e.

biomedical waste, air contaminant waste, flammable or explosive waste, high temperature

waste, pool water, PH waste, etc.), trucked liquid waste, or other types of waste in a

concentration or quality that may pose a health or safety concern to any person, property or

life form.

4. BUILDINGS

i. Specific reference was made to the requirement to obtain a Building Permit for any retaining

wall over 1.2 m, coinciding with the height limits outlined in the Zoning Bylaw.

ii. Revisions were made to clarify the instances in which a Building Inspector may issue a

Building Permit, noting the satisfactory compliance of safety, health and BC Building Code

requirements.

iii. Provisions for a Siting Permit were added, noting that certain structures that may not require

a building permit such as temporary building, structure or shelter do require compliance

with the siting regulations of the Zoning Bylaw.

iv. Revisions were made to clarify the powers of the Building Inspector, including the authority

to enter buildings and structures to ascertain compliance with the Bylaw and the BC Building


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Code, the authority to refuse to issue a permit where matters (i.e. test results, constructions

methods, assemblies, etc.) are not satisfactory to the Building Inspector, the authority to

require work to be uncovered and/or corrected if inspection has indicated that it was

incorrectly performed, and the authority to revoke a permit should a violation of any

condition of the issuance of the permit be found.

v. Regulations relating to the provision of letters of assurance under the BC Building Code were

added, through which process the permit fee may also be lessened noting the reduced Staff

time thereby required.

vi. Additionally, provisions were added outlining that a separate fee exists for applications

dealing solely with the placement or erection of a factory built home.

vii. Regulations were added that limit the duration of a Building Permit to 2 years, during which

completion of the work authorised by the Building Permit must take place and an occupancy

permit obtained, noting that the previous bylaw did not provide a date or duration after

which the Permits would lapse. Opportunities to renew the Permit, subject additional fees,

were also included in the revisions.

viii. It was clarified that no fees will be refunded after a start has been made on the work

authorised by the Building Permit, however where it can be confirmed to the District’s

satisfaction that no start of work has occurred, the District may now refund a portion of the

fee, not including that portion related to building inspections.

ix. Where work was found to have commenced prior to the issuance of a permit, past practice

was to double the permit fee, up to a maximum limit. There is now no limit on such a

penalty.

x. Requirements for the provision of a copy of title dated no more than 30 days from the date

of application were added.

xi. A requirement that applicants must submit a complete application, meeting all required

design and calculation criteria, was added.

xii. Provision were added setting out that any retaining wall greater than 1.2 m in height be

designed and the construction carried out under the supervision of a professional engineer

registered in the Province of British Columbia.

xiii. Requirements were added that clarified that an owner of a property for which a permit is

issued is responsible for the costs related to any damage incurred to municipal works as a


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result of the work covered by the permit, including any deposit of soil material on municipal

streets by vehicles leaving a construction site. As well, provisions for the requirement of a

security deposit from the owner in the amount of $2500.00 were added.

xiv. With reference to pluming inspections requirements, reference to the tests as defined Part 7

of the Building Code, along with mention of bleeder valves and water meters was also

included to better clarify plumbing requirements and to coordinate the Building Bylaw with

the new Water Bylaw.

xv. It was clarified that an inspection of the insulation and vapour barrier are to be undertaken

prior to placement of any finishings;

xvi. It was also added that the owner will be responsible for the fees involved in having a

Building Inspector re-inspect any non-compliant or covered work.

xvii. The suggested Insulation - R Values were removed noting they were redundant to the BC

Building Code.

xviii. Regulations previously placed on the siting of swimming pools were removed in light of the

addition of siting permit provisions.

xix. The penalty for anyone that contravenes the Bylaw or the BC Building Code, upon summary

conviction, was increased from a maximum of $500 to a maximum of $10,000 (as well as the

costs of the prosecution).

xx. The Permit fees were revised to ensure that the values reflected the cost incurred by the

District in undertaking their responsibilities as set out in the Bylaw.

5. SIGNS

i. A new Sign Bylaw was drafted, drawing upon the existing sign-related definitions and

general regulations that were previously present (now removed) in the Zoning Bylaw.

ii. Noting the limited number of sign types previously permitted, and reflecting the increasing

number of requests for alternative sign types as reported by Staff, various new definitions

were added, including: Abandoned Sign, Advertise, Animated Sign, Awning Sign, Balcony

Sign, Balloon Sign, Banner Sign, Canopy, Canopy Sign, Changeable Copy Sign, Community

Notice Board Sign, Illuminated Sign, Inflatable Sign, Political Sign, Portable Sign, Poster,


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Prohibitory Sign, Real Estate Sign, Revolving Sign, Roof Sign, Sandwich Board Sign,

Streamer Sign, Third Party Sign, Time Limited Sign, Under-Awning Sign, Under-Canopy Sign,

Vehicle Sign, and Window Sign.

iii. As well, to clarify the regulation of signs, the following definitions were added: Awning,

Balcony, Copy, Copy Area, Logo, Mansard Roof, Owner, Parapet, Permit, Premises Frontage

(distinct from lot frontage), Provincial Electrical Permit, Roof, Roof Line, Sign, Sign Area,

Sign Face, Special Event, and the Zoning Bylaw.

iv. In addition, revised existing definition for Billboard to emphasize separation between

location of the sign and location of the products or services.

v. Revised existing definition for Bulletin Board Sign to emphasize temporary nature of smaller

signs but possibly permanent nature of the actual bulletin board itself.

vi. Revised existing definition of Fascia Sign to cover a greater variety of wall-mounted signs.

vii. Added existing definition and regulations for Home Occupation Sign, taken from former

Zoning Bylaw regulations on Home Occupations (which no longer address signage).

viii. Sections 2 and 3 include references to the Zoning Bylaw for the purposes of describing zones

and to both the Zoning Bylaw and the Building Bylaw for establishing the primacy of the

latter regulations over those in the Sign Bylaw.

ix. Sections 4 and 5 include requirements and procedures for sign permits, with more detailed

permit application requirements, including a detailed site plan and elevation of any

proposed sign, and provision for the District to require the involvement of a Professional

Engineer if structurally necessary.

x. Section 6 includes provisions to require a comprehensive sign plan where a number of signs

and sign types are proposed for a building, a group of buildings, a multi-tenant building or

parcel, a planned shopping centre, a single development of substantial size on a large parcel

or on 2 or more adjoining lots.

xi. Section 7 includes clear and detailed description of the role and rights of the Building

Inspector relative to permit issuance and inspections, including provisions for inspections

and contraventions.

xii. Under section 8, the maximum penalty for contravention has been increased from $500 to

$10,000, in line with that of the Zoning Bylaw.

xiii. Sections 9 and 10, comprehensively lists prohibited types of signs and exempted signs.


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xiv. Under section 11, provisions have been added prohibiting the placement of any signs on

public property, to prevent and provide for enforcement against encroachment.

xv. Section 12 includes a set of general regulations for signage across all zones, regarding

placement/location, power supply, materials, design, and lighting.

xvi. Section 13 includes specific regulations for different types of signs including identification,

bulletin board, community event, home occupation, awning, canopy, under-awning, under-

canopy, fascia, free-standing, changeable copy, window, and time limited. Regulations

include placement/location, content, size, clearance from grade, illumination, height, time

permitted (where temporary), and number per premises.

xvii. Section 14 defines the types of signs permitted by zone, in tabular format. Specifically, in

residential zones, signage is restricted to: identification (of apartment buildings or

residences) and home occupation; in mobile home parks: bulletin board signage; while in the

agricultural, urban reserve, commercial and industrial zones: a greater range of types is

permitted (size and location) vary by zone.

6. PROCEDURES AND BOARD OF VARIANCE

i. Two new Bylaws were created, taking the District’s various existing procedural measures and

consolidating the provision into their own specific Bylaws.

7. DEVELOPMENT COST CHARGES

i. Subject to further discussion on capital replacement/maintenance plan.


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Page 38 of 57

1

Welco

meWelcome and thank you for being a part of the process.

The District of Elkford is revising your Zoning Bylaw, Building Bylaw, Subdivision Servicing Bylaw, Development Cost Charge Bylaw, Water Bylaw, and Sanitary Sewer Bylaws.

Why review the Bylaws? » To bring the vision to action – to implement Elkford’s Official

Community Plan » To enhance usability and clarity through coordination and

consistency » To ensure consistency in service provision throughout the

community to improve maintenance, upgrades and future development

» To ensure that proper funding is collected for installation of new infrastructure in the community

» To incorporate new sustainable approaches to installations and development

How do these Bylaws affect me? » These regulating bylaws shape the way Elkford will grow » They define the types of activities and uses that can take place in

the community » They limit the size, shape, and location of the land and all buildings » They set out the costs and procedures for development in Elkford » They help protect the health and safety of the community

Through this Open House, the District is presenting proposed bylaw revisions to the community for comment.

Today is about hearing your thoughts and sharing feedback on the proposed bylaw revisions.

PROJECT

START UP

PHASE 1: ISSUE

IDENTIFICATION

PHASE 2: TECHNICAL

ANALYSIS

PHASE 3: BYLAW

PREPARATION

PHASE 4: BYLAW ADOPTION

STAFF & COMMUNITY WORKSHOPS AND

OPEN HOUSE

SUMMARY ISSUES REPORT

REVIEW OF DRAFT BYLAW

COMMUNITY WORKSHOP & OPEN

HOUSE

SUMMARY TRECHNICAL REPORT

PUBLIC HEARING

FEBRUA

RY

APRIL

MA

RCH

MA

Y

JUN

E

TECHNICAL WORKSHOPS WITH

DISTRICT STAFF

WE ARE HERE!

JULY

District of Elkford Bylaws - Support Information Page 39 of 57

2

Visio

n an

d Po

licy

Direc

tions Community Vision Statement

The future of Elkford is one of a safe, healthy, vibrant, progressive and sustainable community in a wilderness environment. The community will have a stable and diversified economy, supported by citizens with a strong sense of community pride.

Guiding PrinciplesThese principles represent the basis for the vision as well as the values and beliefs of the community:

» Preserve open space, parks & trails, natural beauty, and environmentally sensitive areas

» Encourage growth in existing neighbourhoods, making each one unique

» Foster a unique and consistent Elkford style of architecture and design

» Build a strong and mixed use District core

» Develop mixed and affordable housing opportunities that suit the needs of all residents of Elkford

» Generate diverse economic opportunities that do not undermine Elkford’s Guiding Principles

» Consider climate change in all decision making

» Utilise smarter, more cost-effective infrastructure and green buildings

» Provide a mix of transportation options to promote walking, cycling, and mobility for all age groups

» Foster a welcoming and friendly District for all, but with special emphasis on the needs of youth (ages 0-19) and Seniors (ages 55+)

» Nurture engaged citizens and increase two-way communications between the public and the District

Jody Crawford - Picture BC

Jomac Photography

Jomac Photography

Jomac Photography


3

Policy Theme AreasFrom the Guiding Principles stem all OCP policies which are grouped according to 4 theme areas:

Vision & Policy Directions

A Progressive and Engaged CommunityThe District is committed to fostering engaged citizens and promote effective communications, using climate change as a decision-making framework.

A Vibrant and Livable CommunityThe District will address climate change through adaptation and emissions reduction, including a growth boundary and strategies to provide a range of housing, safe, vibrant, and well-designed public spaces that celebrate heritage, promote an active lifestyle, and offer universal accessibility.

A Healthy Living and Working LandscapeThe District is committed to protecting environmentally sensitive and riparian areas by carefully managing development, including industrial lands and aggregate extraction. Elkford’s landscape will include a network of parks, trails, and open spaces that serve to protect forest land and wilderness resources.

Resilient Infrastructure and Diverse OpportunitiesElkford is committed to supporting local economic development and diversification, and supporting a range of transportation, mobility, and access options, while protecting development from natural hazards.

Jody Crawford - Picture BC

Jody Crawford

Jomac Photography

Jomac Photography

Jomac Photography


4

The B

ylaw

s What is a Zoning Bylaw?

The basic purpose of a zoning bylaw is to regulate what and how you can build on a property. This is done through regulating:

» Form which includes the height, shape, and size of a building

» Use which defines what activities can take place in a zone

» Density or the level of development intensity allowed on a parcel of land

» Parking and loading requirements

What is a Subdivision Bylaw?

A Subdivision Bylaw establishes the procedures and requirements related to the site works and services a land owner may need in developing a property. This can include establishing design standards for:

» Water » Sanitary Sewer » Storm Drains » Rainwater Management » Hydro, Electric, Cable, Natural Gas

Services » Streets, Sidewalks, and Trails

What is a Building Bylaw?

A Building Bylaw sets up a system of building permits for the District.

What is a Water or a Sanitary Bylaw?

A Water or a Sanitary Bylaw provides consistency with the services throughout the community to improve maintenance, upgrades and future development.

Michael S. G

ordon


5

Issues heard to dateBelow are a list of issues we’ve heard to date.

Zoning Bylaw: Identified Issues

Identified Issues » include secondary suites and coach houses, with adequate parking;

» limit extraction and processing of sand and gravel to the sites identified in the OCP;

» ensure a range of industrial uses are permitted;

» allow for campground development use, with accessory amenities;

» support neighbour-sensitive home-based business;

» ensure residential development is consistent with the climate change adaptation goals outlined in the OCP;

» ensure new residential, commercial and industrial development supports the functions of natural ecosystem;

» ensure that new modular homes fit with the existing context of Elkford’s neighbourhoods;

» require landscaped buffer strips between residential and other uses and from major roads;

» reflect tree removal requirements for wildfire protection;

» ensure that landscaping is fire smart and bear aware;

» allow boarding and lodging with adequate parking;

» ensure that outdoor storage is screened and accessory to a legitimate principal use;

» support renewable energy technologies and energy conservation;

» update signage requirements;

» direct the majority of urban growth to the District Core and established neighbourhoods;

» reflect growth boundary and intensification objectives;

» prohibit access to the municipal water/sewer services outside of the growth boundary;

» provide diverse and well integrated forms of residential development within the growth boundary;

» control neighbourhood commercial service development and direct most commercial activities to the District Core;

» allow mixed-use buildings up to four storeys in the District Core;

» provide for a diverse and complementary range of commercial uses in the District Core;

» ensure that hotels are located in the District Core;

» allow community facilities in areas that are centrally located;

» incorporate limited rural encroachment on forest land resources;

» ensure that industrial uses are adequately screened from view;

» limit residential use in the Industrial Zone to accessory to the primary industry use.


6

Subdivision Bylaw Issues

Building Bylaw Issues

Water and Sewer Bylaw Issues

Subdivision, Water and Sewer, and Building Bylaws: Identified Issues

» prohibit subdivision on slopes over 30 degrees;

» ensure new residential, commercial and industrial development supports the functions of natural ecosystem;

» require onsite storm water management, permeable surfaces, and swales in addition to engineered storm water management;

» require a storm water management plan, and that all storm water be contained on site;

» on-site works and services to be the responsibility of the developer.

» incorporate Cross Connection Control and Backflow Prevention;

» include policy to prevent frozen water lines in the bylaw;

» include a curb stop locate fee;

» new constructions should require water meters;

» water regulations (ie: water conservation, ability to ticket for over use of water when water lawns);

» increase existing services responsibility of owner to contact the District (ie hooking water & sewer into shop);

» connection of a second service to require connection fee and payment for utility;

» include an application to perform repairs of services by home owners (ie: water off and locates);

» include an application for service connection & permit form – water & sewer;

» consider having an annual charge for water & sewer even if the service is turned off;

» appropriate rates and fees for home-based businesses.

» include a time limit on life of building permit – i.e. expire after two years, unless renewal fee paid.


7

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LandscapingLandscaping regulations have been proposed for all zones, with the intent of encouraging and requiring more sustainable landscaping practices that conserve water, prioritize native species, reduce stormwater runoff, and take fire risk into account.

Proposed landscaping regulations include:

• Requiring a minimum of 30% of lot area in the R-1 and R-2 zones to be maintained by the owner as permeable landscaping.

• Existing landscaped areas of healthy woody plants (trees and shrubs) shall be preserved and protected during construction.

• Landscaping must meet or exceed the latest editions of the BC Landscape Standards (BC Society of Landscape Architects/ BC Landscape and Nursery Association), and be regularly maintained.

• On lots zoned R3, R4, R5, R6, C1, C2, C3, and P1, planted deciduous trees shall be min. 8cm

Government of Alberta

gchort

otherpeoplesgardens

Wikimedia

caliper at installation, as shall street trees in all zones, and trees in off-street parking areas, and min. 6cm caliper outside those zones.

• New landscape plantings shall consist of native xeric or water-conserving herbaceous and/or woody plant species proven to be enduring in the Kootenays;

• Plant selection shall make special consideration of Bear Aware and FireSmart criteria in species choice, and trees and shrubs shall be planted sufficiently far from dwellings to minimise wildfire interface:

• Plantings within 10m of the principal dwelling shall be limited to ground cover less than 15cm in height

• Trees and shrubs should be planted a minimum of 6m apart within 30m of the principal dwelling;

• Green roofs that reduce stormwater discharge by more than 25% (in terms of both rate and quantity) have been designated a pervious surface;

• Retaining walls shall be limited to 1.2m (4ft) in height; all retaining walls located within 1.2m of each other will be collectively considered a single retaining wall for the purposes of determining height.

ScreeningScreening means a landscaped area with dense coniferous vegetation and/or a fence, used to visually screen or buffer land uses.

Proposed screening regulations include:

• Fences shall be no higher than 1.2m in front yards and 2m in rear yards;

• Landscape screening must have a minimum height of 1.2m;

• Screening shall be required for salvage yards, storage yards, domestic waste, parking, lots abutting an agricultural use, parking of heavy vehicles (including RVs), and equipment.

• Mobile home park buffering requirements (7.5m wide landscape strip) have been integrated into the screening regulations.


8

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LA Creek Freak

Cyclesafe

Local Ecologist

Wikipedia

ParkingChanges have been proposed to the District’s parking requirements to increase the ability to adapt existing buildings to new uses, to offer more flexibility in meeting requirements. Requirements have also been evaluated and calibrated to account for best practice across BC, while ensuring sufficient parking for Elkford.

These recommendations also include regulations on the design of parking lots, to reduce their impact on stormwater runoff and heat island effects.

The Zoning Bylaw requires applicants to provide a certain number of parking spaces depending upon the number of dwelling units or the amount of commercial or industrial floor space in their project.

Proposed changes to these regulations include:

• More uses have the same parking requirements, removing barriers to redevelopment or re-use of existing space by new businesses.

• Less parking will be required for mixed use developments: the sum total of requirements for all uses may be reduced by 25% instead of 15%, as an added incentive towards shared parking.

• Applicants can pay $3,000 per required space in lieu of providing parking on-site; each space paid for counts as 1.5 spaces towards the requirement.

• To improve stormwater and snowmelt management, parking lots can now be surfaced with a greater variety of durable permeable materials, including non-grouted pavers, and permeable asphalt/concrete. Runoff must be managed on-site, without accumulation of water other than in detention ponds.

• In addition to building materials, trucks and contractors’ equipment can now be parked or stored in residential areas where work is in progress.

• Bicycle parking will be required for apartments and commercial and industrial uses:

• For non-residential uses, 0.2 spaces in a bicycle rack per 100 square meters of floor area, with a minimum of 6

• For apartment dwelling units, 2 spaces in an enclosed, secure room per dwelling unit


9

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Secondary Suites and Coach HousesTo encourage the provisions of an increased variety of housing types, new regulations are being proposed to permit secondary suites and coach house units.

• What is a Secondary Suite? It is an accessory dwelling unit contained within a building, otherwise used for a single dwelling unit, exclusively for the occupancy of one household.

• What is a Coach House? It is an accessory building used for the purpose of accommodating a secondary suite, subordinate to and detached from the principal single dwelling unit on the same lot, not to be located within the front yard.

Proposed AdditionsSecondary suites shall be permitted if they meet the following conditions:

• Be an accessory use to a principal single unit dwelling;

• Be connected to community water and sewer services;

• Not be located in mobile homes;

• Be one per single-unit dwelling;

• Be a maximum of 90 square meters or 40% of the gross floor area of the single unit dwelling, whichever is less.

A Coach House shall be permitted if it meets the below conditions:

• Be limited to 10% lot coverage

• Be limited to a height of 4.6m or 6.0m when located above an off-street parking use;

• Be prohibited where the principal dwelling contains a secondary suite

• Be prohibited from the front yard and is setback 3m from the rear lot line, 1.5m from a side lot line and allows for 7.5m distance between the principal single unit dwelling and the Coach House;

• A continuous unobstructed pathway of not more than 45m in length, consisting of a minimum width of at least 90cm and vertical headroom clearance of at least 2.1m, is provided from the fronting street to the principal entrance serving the coach house, or on a corner lot;

• The address for the Coach House located on the property is visible from the street, mounted on the building or a signpost adjacent to the path of travel leading to the detached accessory building.

Hoodsurf

Hoodsurf

Hoodsurf


10

Renewable Energy AlternativesIn light of Elkford’s commitment to address climate change, a variety of new regulations are being proposed to offer residents and businesses clarity and certainty as they consider alternative energy options.

Proposed AdditionsSolar Energy Devices

In residential and commercial zones, solar energy devices shall:1. be attached to a principal or accessory building; and

2. not extend beyond the outermost edge of the roof

In agricultural, industrial and institutional zones, solar energy devices shall:1. be located on either the principal or an accessory building in

which case the device shall not extend beyond the outermost edge of the roof, or

2. be a standalone structure subject to the zoning requirements for the principal building on the lot where the device is located.

Geothermal Energy Devices and Heat Pumps• In all Zones, all above ground geothermal energy devices and heat pumps are subject to the requirements for an accessory building or structure on the same parcel.

• In all Zones all underground geothermal energy devices shall be a minimum 3m away from all lot lines.

• In Residential Zones, no geothermal energy device or heat pump shall emit noise greater than 55dba, as measured at the nearest residential building face on an adjacent property.

• Geothermal energy devices or heat pumps shall not be located closer than 7.5m from a window or door of any dwelling unit on an adjacent lot.

• Geothermal energy systems or heat pumps requiring access to the Elk River or any other watercourse must obtain authorization from the Province.

Zoni

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Solar Thermal Magazine

lightbulbs.org

solarpowerpanels

Solar Science


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Renewable Energy AlternativesIn llight of Elkford’s commitment to address climate change, a variety of new regulations are being proposed to offer residents and businesses clarity and certainty as they consider alternative energy options.

Proposed AdditionsWind Energy Devices

• In all Zones, all above ground parts of the small scale wind energy devices which generate up to 10kw shall be subject to the requirements for an accessory building on the same parcel;1. only one wind energy device is permitted on each lot;

2. the lot on which a wind energy device is located shall be 0.4ha or greater in size;

3. maximum height of a wind energy device (including the blades) shall be 10.5m as measured from the finished grade;

4. a wind energy device tower shall have a minimum separation from any dwelling unit on an adjacent lot that is a distance equal to 125% of the total height of the device (including support structure and blades).

• For lots in industrial, institutional and commercial zones that are not adjacent to residential zones, wind energy devices which generate up to 20kw shall be permitted as an accessory use, subject to the following requirements:1. only one wind energy device is permitted on each lot ;

2. the lot on which a wind energy device is located shall be 0.2ha or greater in size;

3. maximum height of a wind energy device (including the blades) shall be 21m as measured from the ground and,

4. a wind energy device tower shall have a minimum separation from any dwelling unit on an adjacent lot that is a distant equal to 125% of the total height of the device (including support structure and blades).

• For industrial, institutional and commercial lots adjacent to residential zones wind energy devices may be installed subject to the same requirements and conditions as for residential zones.

Biomass• Biomass fuelled boilers and process heaters shall only be permitted in the I-1 zone.

madeinchina.com

Solar Rochester

DIY Alternate Energy

Chemmeco


12

Determining Grade and HeightAs the basis for any development, the proposed new revisions are intended to provide consistency and clarity in terms of interpreting grade and height measurements.

Existing Regulations• Height of Buildings and Structures means the greatest vertical distance from the average finished ground elevation at the base of a structure to the highest point on such structure directly above.

• Existing references to grade were either average finished ground elevation, average ground level or ground level, providing inconsistent and unclear references

Proposed Changes• Average Finished Grade means the average elevation of the finished grade around the building’s perimeter located at each of the four outermost exterior corners of a building, or projections thereof, (exclusive of minor planters or mounding of soil) with any proposed changes to natural grade due to construction, any placement of fill, or removal of soil. In the case of a townhouse building, the average finished grade shall be the average of the four elevations located either where the outermost sidewall faces or firewall separations, or projections thereof, intersect with the frontmost and rearmost wall face of the principal building, or projections thereof.

• Average Natural Grade means the average of the natural grade as measured around the perimeter of a building located at each of the four outermost exterior corners of a building, or projections thereof. In the case of a townhouse building, the average natural grade shall be the average of the four elevations located either where the outermost sidewall faces or firewall separations, or projections thereof, intersect with the frontmost and rearmost wall face of the principal building, or projections thereof.

• Finished Grade means the topography on the lot after construction, including the addition of fill or removal of soil, but excludes localized depressions.

• Natural Grade means, with reference to development not requiring subdivision, the undisturbed normally existing topography of a lot as determined by a registered land surveyor or, where development requires subdivision, the topography established on the grading plan submitted as a component of subdivision servicing on the property prior to any construction, but excludes Localized Depressions in all cases.

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a

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Determining Grade and HeightAs the basis for any development, the proposed new revisions are intended to provide consistency and clarity in terms of interpreting grade and height measurements.

Proposed Changes• Height means the greatest vertical distance between the lower of average natural or average finished grade and: 1. the mid-point between the ridge of a gable, hip, gambrel or other sloping roof and

the ceiling immediately below for building with a roof having a roof pitch greater than 4 to 12 and not exceeding a roof pitch of 12 to 12, provided that the ridge of the roof is not more than 1.5m above the mid-point; or

2. the mid-point between the ridge of a gable, hip, gambrel or other sloping roof and a point 2.4m (8ft.) above the immediate floor below on buildings with sloping roofs without ceilings; provided that the ridge of the roof is not more than 1.5m above the mid-point; or

3. the highest point of a building having a flat roof or a sloping roof with a roof pitch less than 4 in 12; or

4. the greater of the measurements referred to in a), b) and c) above in the case of a building with more than one type of roof.

b

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Calculating Gross Floor AreaGross Floor Area is the total amount of space available to a development. In determining gross floor area, existing regulations did not provide instruction in terms of what is counted as floor area and what is not. New additions being proposed are intended to clarify how gross floor area is calculated, as well as encourage more energy efficient buildings.

Proposed ChangesGross Floor Area

• For agricultural and residential zones where either a one unit or two unit residential use is permitted, gross floor area shall be measured to the exterior surface of the exterior walls but exclude:1. Exterior Cladding and Exterior Solid Wall Systems up to a maximum thickness of

0.165m provided that an exterior insulation or weather protection wall system has been approved by a Professional Engineer.

2. Floor areas with ceiling heights of less than 1.5m.3. Garages to a maximum floor space exclusion of 46m2.4. That portion of a dwelling that is dedicated for a vertical service shaft extending

from the mechanical service area to roof for the purposes of solar hot water heating.5. That portion of the dwelling used for mechanical space, not to exceed 4.65m2,

provided that at least one of the following mechanical equipment is located within the space: ENERGY STAR furnace with a minimum 95% AFUE (thermal efficiency), ENERGY STAR condensing boiler with a minimum 90% AFUE (thermal efficiency), ENERGY STAR condensing domestic hot water storage tank with a minimum 94% thermal efficiency, ENERGY STAR instantaneous condensing domestic hot water system with a minimum energy factor of 0.90, ENERGY STAR heat recovery ventilator, CAN /CSA C448 compliant geothermal heat exchange components, or CAN/CSA compliant solar hot water system,

6. The percentage of the floor area in the basement that is below the lower of average natural or average finished grade as determined by the below calculation;

7. The floor area of accessory buildings, other than garages, not to exceed 50m2.

• For multiple unit residential zones and commercial zones, residential gross floor area shall be measured to the exterior surface of the exterior wall and not include:1. unenclosed balconies2. unenclosed decks, patios, terraces, and courtyards3. common corridors, common stairwells, elevator shafts, and a common entry lobby4. common recreation facilities and amenities, including swimming pools and laundry

facilities5. common garbage and recycling facilities6. common bicycle storage facilities7. those portions of the building situated below the average grade that are used for

parking, storage, or mechanical spaces, and cisterns for the collection of stormwater, but not habitable spaces

That portion of the basement floor area situated between the top of the

basement floor and the building height base line

That portion of the basement floor area situated between the top of the basement floor and the ceiling above it

X 100 b

c

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a x ca x b x 100


15

Build

ing P

ermits

Revising Building Permit RegulationsThe proposed changes are intended to expand the role of the Building Inspector as well as introduce a new siting permit to regulate those developments that do not require a Building Permit.

Proposed ChangesSiting Permit

The Building Inspector may issue a siting permit where the siting of a proposed building or structure that does not require a building permit under this bylaw, including any temporary building, structure or shelter, complies with the Zoning Bylaw.

Refusing PermitsA Building Inspector may refuse to issue a building permit where the results of tests or materials, devices, construction methods, structural assemblies or foundation conditions are not satisfactory or not in compliance with this bylaw, in his opinion.

Revoking PermitsA Building Inspector may revoke a building permit, occupancy permit or siting permit where there is violation of any condition under which the permit was issued or any provision of the Building Code or the District’s Building Bylaw, or where the information provided in connection with the application for a building permit has been determined to be incorrect.

Permit Duration For every permit issued:1. the work is to be started within six months from the date of issuing the permit;2. the work is not to be discontinued or suspended for a period of more than one year;3. the permit shall lapse in the event that either condition (i) or (ii) is not met or if the

work it authorizes has not been completed and an occupancy permit issued within two years from the date of issuing the permit, unless the permit is renewed and an additional fee paid before the date on which it will lapse.

Certified ProfessionalIf the applicant has provided letters of assurance, the permit fee shall be reduced by 10%.

No RefundNo fee paid to the District of Elkford shall be refunded if a start has been made on the construction of the building. If no start has been made and the Building Inspector so certifies, the District may refund to the applicant a percentage of the permit fee representing the portion of the fee related to building inspections.


16

Sign

Regu

latio

nsExpanding Sign RegulationsSignage is key consideration in any development. However, the existing sign regulations permit a limited number of sign types. The intent of the proposed revisions is to expand the types of signs permitted in Elkford and provide greater clarity on the size of the sign in keeping with the highway oriented nature of many local businesses.

Proposed Changes• In the residential zones, one home occupation sign is permitted per home occupation.• In the multiple-unit residential zones, one identification sign is permitted per principal building entrance and one home occupation sign per home occupation.

• In the Mobile Home Park Zone, one bulletin board sign and two identification signs are permitted per parcel, provided that one is a freestanding sign located adjacent to the principal point of access to the parcel and the other a fascia or awning sign to identify the accessory office use.

• In the Town Centre Commercial Zone, two signs are permitted per premises frontage, including awning sign, canopy sign, under-awning or under canopy sign, and fascia sign, free-standing sign, changeable copy sign, sandwich board sign, window sign, time limited sign, bulletin board sign and community event sign.

• In the C-2 and C-3 zones, one sign per premises frontage is permitted including awning sign, canopy sign, under-awning or under canopy sign, fascia sign, free-standing sign, changeable copy sign, window sign, time limited sign, and bulletin board sign.

• In the industrial Zone, one sign per premises frontage is permitted including awning sign, canopy sign, under-awning or under canopy sign , fascia sign, free-standing sign, changeable copy sign, time limited sign, and bulletin board sign.

• In the institutional Zone, one sign is permitted including fascia sign, free-standing sign, time limited sign, bulletin board sign, and community event sign.

• In the Agriculture Zone, home occupation signs, sandwich board signs and time limited signs are permitted.

• In the Urban Reserve Zone, one sign per premises frontage is permitted, including awning sign, canopy sign, under-awning or under canopy sign, fascia sign.

Fascia, awning, and window signs

Under-awning/canopy signs

A time-limited sign with changeable copy (text).


17Water

, San

itary

, and

Stor

m Ser

vices Revising Service Regulations

The District and community have established, in the face of climate change reality, goals to improve water-use efficiency. As well, the District recognises there is an economic cost of maintaining services, especially through the winter. The proposed revisions are intended to balance these realities, providing improved clarity on roles and responsibilities of the District and land owner.

Proposed ChangesTemporary Water Service Shut Off

• Any Consumer requesting a temporary water turn-off shall pay a fee for such disconnection and a further fee for water turn-on.

• No person shall connect, cause to be connected, or allow to remain connected to the Water System any piping, fixture, fitting, container or appliance, in a manner which under any circumstance may allow water, waste water or any other liquid, chemical or substance to enter the Water System causing it to become contaminated or polluted in any way.

Frozen Service• When a service line is frozen the Owner shall be responsible for thawing the service line.

• No person shall use direct current or introduce any foreign substance into the water service line for the purpose of thawing or attempting to thaw a frozen water service line.

• The Owner will, at his own expense, install a freeze protection device (such as a Bleeder Valve) approved by the District and the Owner shall be responsible for and shall be liable for any damage which may result from the improper or negligent operation and maintenance of the freeze protection device.

Bleeder Valves• Every Owner must install a Bleeder Valve and release water through the Bleeder after October 31.

• For the purpose of water metering, where the Owner of a Property operates a Bleeder approved by the District, that Owner shall be credited on their water bill the value of the calculated volume of water passing through the Bleeder as approved, to prevent the Owner from being charged for the operation of the Bleeder Valve.

Meters• All water supplied shall be measured by a Water Meter including a remote reading device, of a design and capacity approved by the District.

• One Water Meter together with a remote reading device will be supplied by the District to the Owner at the Owner’s expense for each water service connection.

• All Water Meters and remote reading devices shall at all times be the property of the District.

Engineer Guy

Rochester Public Utilities

Wikipedia

Abbotsford Today


18Subd

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egula

tions

Improved Stormwater RegulationsTo ensure that new development supports the functions of the Valley’s natural ecosystem, the District’s existing stormwater system design requirements have been expanded with a particular focus on managing storm run-off on-site rather than solely through the District’s storm sewer system.

Proposed Changes“Minor” &”Major“ Stormwater Management Systems.

• The Minor system shall consist of underground conduits and appurtenances capable of conveying runoff from the five year return storm.

• The Major system shall consist of surface flowpaths within roadways and walkways, and other open channels, capable of conveying that portion of the runoff from the 100 year return storm over and above the capacity of the minor system.

• Components of the Minor system may be enlarged to accommodate the Major flow, but only in cases where an overland flow route is physically impossible, and only with the approval of the District.

Stormwater Management Plan Requirements• A Stormwater Management Plan is required for all developments larger than 3.0ha.

• Unless otherwise noted, a Stormwater Management Plan is not required for developments on rural or agricultural zoned lands (0.40 ha and over).

• Developments larger than 5.0ha require both minor and major system designs.

Stormwater Source Control• Stormwater Source Control shall be incorporated into subdivision and lot development to meet the requirements of Stormwater Management Plans. These can include, but are not limited to:1. Infiltration Trenches and Swales2. Rain Gardens3. Pervious Pavers4. Soakaway Manhole

UC Santa Cruz

Stormchambers

Black Diamond Now


19Subd

ivisio

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Improved Stormwater RegulationsTo ensure that new development supports the functions of the Valley’s natural ecosystem, the District’s existing stormwater system design requirements have been expanded with a particular focus on managing storm run-off on-site rather than solely through the District’s storm sewer system.

Proposed ChangesPerformance Standards

City of Tampa FL

SVR Design Co

Livingston County, MI

ACES

• Intended for large, complex, unusual and innovative developments, Performance Standards set out general guidelines that designs must meet, but allow qualified professionals to determine the methods to meet the guidelines, subject to the District’s approval.1. No discharge from impervious surface areas for storm

events with rainfall depths up to one half the 24-hour Mean Annual Rainfall.

2. Post-development runoff for the 2-year recurrence 24-hour storm shall be 50% of the pre-development runoff and the post-development runoff of the 5-year recurrence 24-hour storm shall not exceed the pre-development runoff.

Prescriptive Standards• Intended for small or simple developments, Prescriptive Standards set out both specific rules and design details that if used with good professional practice are pre-approved by the District.

French Drains • The use of French drains shall only be permitted where the topography and soil conditions are proven adequate to the acceptance of the District. A soils report will be required to support the design.

Erosion And Sediment Control • A Consulting Engineer will be required to demonstrate how work will be undertaken and completed so as to prevent the release of silt, raw concrete and concrete leachate, and other deleterious substances into any ditch, storm drain, watercourse or ravine.

• Construction and excavation wastes, overburden soil or other deleterious substances must be disposed of or placed in such a manner as to prevent their entry into any water course, ravine, storm drain system, or restrictive covenant area.


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