BYLAW NO

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1 BYLAW NO DIVISION THREE - GENERAL REGULATIONS APPLICATION 300 In the City of Kamloops, no building or object or thing shall be erected, set up, converted, enlarged, reconstructed or structurally adapted or altered, and no person shall use or occupy land, buildings or structures except as specifically permitted by this bylaw, and every use or occupation that is not specifically permitted is hereby expressly prohibited. NONCONFORMING CONDITIONS Lots 2. Uses Notwithstanding Section 300 where a lot is shown on a plan as being duly filed in the Land Title Office, Kamloops, before the passage of this bylaw and which has less than the minimum width and/or area required in this bylaw, development appropriate to the zone and to the density permitted by the zone may be allowed. A lawful use of premises existing at the time of adoption of the Zoning Bylaw, which does not conform to the provisions of this bylaw, may be continued provided that the nonconforming use is not altered or expanded, subject to the provisions of the Local Government Act. ZONING BOUNDARIES The boundaries of the zoning districts, together with any explanatory legends, notations and references in respect thereof, are delineated and described on the "Zoning Map of the City of Kamloops", which consists of a computer record compiled by means of Geographic Information software and a Global Positioning System. The Zoning Map is kept in the office of Corporate Administration and in the Development Services Department. The Zoning Map forms part of this bylaw. A generalized diagrammatic representation of the Zoning Map is annexed to this bylaw as Schedule "A". In the event of any conflict or inconsistency between the Zoning Map and Schedule "A", the Zoning Map shall govern. 2. Where a zoning boundary does not follow a legally defined line, and where the distances are not specifically indicated, the location of the boundary shall be determined by reference to the Zoning Map. UTILITY INSTALLATIONS/PUBLIC OPEN SPACES ( ) 303 Utility installations shall be permitted in all zones. Notwithstanding the provisions of this bylaw and the Subdivision Control Bylaw, the minimum area and width of lots used for public open spaces or utility installations, such as a booster station, natural gas facility, hydroelectric outlet, transmission tower, smokestack, or stormwater detention pond, may be less than required in these bylaws. All utility installations setback requirements may be less than required in these bylaws unless the land the utility is located upon is directly adjacent to a residentially zoned property, and the utility is >5 m², in which case the utility must adhere to the setbacks of the adjacent residential zone.

2 BYLAW NO HOME-BASED BUSINESS 304 Home-based businesses are permitted in relation to all residential uses in Division Five, Division Six, Divisions Thirteen through Thirty-Three inclusive, and in Multiple Family Dwelling Units in Division Thirty-Four and Thirty-Five of this bylaw if the home-based business complies with Section 304(a) to (l). a) A home-based business can be carried on only by a person whose normal and principal place of residence is in the dwelling unit together with not more than two other persons who do not reside in the dwelling unit, except where the home-based business is located in a multiple family development, in which case not more than one other person who does not reside in the dwelling unit may assist in the home-based business. b) The storage of goods, materials or finished products is permitted only where it is accessory to the home-based business and only when such storage is wholly contained within the dwelling unit or a building accessory to the dwelling unit, both of which must comply with all City bylaws. c) The floor space used by a home-based business in a dwelling unit and accessory building shall not exceed the lesser of: i) 50 m², or ii) 20% of the gross floor area of the dwelling unit. d) A home-based business shall produce no offensive noise, vibration, smoke, dust, odour, heat, glare, radiation or electrical interference. e) A home-based business, its employees and suppliers shall not use on-street parking. Motor vehicles using on-site parking shall include no more than one vehicle displaying the name of the home-based business. f) A home-based business shall give no exterior indication of the home-based business including no storage of supplies or material, no displays of goods or products, no floodlighting and no signs visible from the outside, except there may be one single unilluminated nameplate not exceeding 0.28 m² in area, placed within or flat against the dwelling unit or any accessory building. ( ) g) The salvage, repair, storage, maintenance, detailing, or sales of motor vehicles; the sale, repair, maintenance, detailing, or servicing of motor vehicle engines or parts; motor vehicle body repairs, detailing, or painting are not permitted as home-based businesses. h) Materials and commodities shall not be delivered to or from the dwelling unit in such bulk or quantity as to require delivery by motor vehicles with detachable trailers. i) No home-based business shall operate between the hours of 2200 (10:00 p.m.) and 0700 (7:00 a.m.).

3 BYLAW NO j) The client or customer of a home-based business is not permitted to enter the dwelling unit or any accessory building to inspect or pick up goods or to receive any service. ( ) k) Notwithstanding section (j), music/art instruction and tutoring are permitted as home-based businesses, limited to a maximum of two (2) students at any one time. l) Enforcement shall be in accordance with City Council policy. COMMERCIAL CONVERSIONS 305 Commercial conversions will be permitted in the RM-2A and RM-3 zones only. Commercial conversions permit reconstruction of existing housing stock for commercial purposes subject to the following: a) The building shall retain the basic form and character of a single family residential building. b) The buildings shall cover no more than forty per cent (40%) of the lot. c) The setbacks shall conform with the RS-1 (Single Family Residential-1) regulations. d) A detailed landscape and site plan shall be submitted for approval. e) Off-street parking shall be provided on the same lot as the development. f) Access to off-street parking areas shall be restricted to rear lanes. g) Off-street parking shall not be permitted in any front yard. h) Off-street parking areas including driveways and internal roadways shall not occupy more than thirty per cent (30%) of the surface of the lot area. i) No more than five (5) staff persons shall be permitted. ACCESSORY BUILDINGS AND STRUCTURES Accessory buildings and structures are permitted in all zones and shall comply with the building siting (setback) requirements of the principal building except where alternate standards are specified in the Regulations section of any Division of this bylaw. 2. Accessory buildings attached to the principal building shall be considered part of the principal building. 3. In the two family residential zones - Division Twenty-Three to Division Twenty-Five inclusive - and in the RS-4 (Single Family Residential-4) zone, adjacent property owners may construct a combined carport/garage across a lot line.

4 BYLAW NO Accessory buildings having a floor area of less than 10 m² are not required to be set back from rear lot lines or side lot lines unless alternate standards are specified in the Regulations section of any Division of this bylaw. 5. No accessory buildings or structures shall be located within a required front yard setback or side street yard setback except that below grade pools, uncovered patios, decks or like structures which do not project more than 61 cm above grade at any point may be allowed within any yard provided such structures: a) are not closer than 1.5 m to any street line or lane b) are not closer than 1.5 m to the principal building in the case of swimming pools. PROJECTIONS Projections in the form of steps, chimneys, cantilevered feature windows and hutches, open balconies and decks, canopies and other protective structures, exterior finishes and ornamental features shall not be considered part of the building provided such projections do not extend more than 61 cm beyond the face of the building. 2. Where steps project more than 61 cm above grade, that portion of the steps higher than 61 cm above grade shall meet the setback requirements specified in the Regulations section for that Division of the bylaw. 3. A maximum of one cantilevered projection not exceeding 1.5 m² in floor area shall be permitted on each building face provided that it projects not more than 61 cm beyond the exterior wall of the principal building. MINIMUM SETBACK REQUIREMENTS - ARTERIAL ROADS 308 Notwithstanding the minimum setback requirements contained in this bylaw, the following setbacks shall apply to properties fronting the arterial roadways described below and will be in addition to the minimum setback requirements for each zone: STREET NAME DESCRIPTION a) Singh Street - an additional 22 m building setback for Lots 1-2, Plan 24724; Lots 1-5, Plan 17463; and Lot A, Plan b) Singh Street - an additional 24 m building setback for Lot 22, Plan B an additional 25 m building setback for Lots 27 and 30, Plan 8569 and Lot B, Plan an additional 24 m building setback for Lot 5, Plan and Lot 7, Plan 17145

5 BYLAW NO an additional 21 m building setback for Lot 8, Plan 17145; Lots A and B, Plan 17256, Lot B, Plan 4130; and Lot 1, Plan 1105 c) 6th Avenue Columbia Street to Lansdowne Street, Dallas Drive Highway 1 to O'Connor Road, Tranquille Road Southill Street to former Tranquille School, and Hillside Drive Notre Dame Drive to Copperhead Drive, Lorne Street 1st Avenue to 10th Avenue, River Street 10th Avenue to 15th Avenue, - an additional 3.5 building setback for all parcels fronting these roadways. AUTOMOBILE REPAIR ( ) ( ) 309 The salvage, repair, storage, maintenance, detailing, or sales of motor vehicles; the sale, maintenance, detailing, or servicing of motor vehicle engines or parts; motor vehicle body repair, detailing, or painting are not permitted in any RS, RT, RC, RM, or MH zone except where the repairs, maintenance, detailing, servicing, or sales are undertaken on vehicles registered to the homeowner, or the tenant, or the immediate family (i.e.: mother, father, daughter, son) of the homeowner or tenant and the total number of vehicles situated on the property shall not exceed five. The maximum number of vehicles permitted on private properties in the RS-4 zone shall be limited to four. FABRIC COVERED BUILDINGS ( ) 310 a) Fabric covered buildings shall require a building permit, pursuant to the City of Kamloops Building Bylaw. b) Fabric covered buildings are permitted in the I-1 (Light Industrial), I-2 (General Industrial), I-3 (Heavy Industrial), T-1 (Railway), and T-2 (Airport) zones subject to the following: - fabric covered buildings are permitted on a permanent basis; - fabric covered buildings are permitted as an accessory building only; - fabric covered buildings shall not exceed 40 per cent of the floor area of the principle building. c) Fabric covered buildings are permitted in the A-1 (Agricultural) zone subject to the following: - fabric covered buildings are permitted on a permanent basis; - on parcels less than ha in size, fabric covered buildings shall be limited to a maximum of 10 per cent lot coverage. d) Fabric covered buildings are permitted in the FD (Future Development) zone on a permanent basis. ( ) 311 RAILWAY BOXCAR OR SHIPPING CONTAINERS 1. Railway boxcars or shipping containers used as buildings are permitted only as follows: a) In the General Industrial (I-2), Heavy Industrial (I-3), Railway (T-1), and Airport (T-2) zones; or

6 BYLAW NO b) In the Light Industrial (I-1) and Industrial Park (I-1S) zones only in conjunction with cartage, hauling, moving and storage, or warehouse/mini-warehousing operations. 2. Where railway boxcars or shipping containers are permitted, they shall be subject to the following: a) The issuance of a Building Permit pursuant to the City of Kamloops Building Bylaw; b) Permitted as an accessory building only; and c) The maximum lot coverage permitted is restricted to five per cent (5%). ( ) 311A MEDICAL MARIHUANA GROW OPERATIONS Medical Marihuana Grow Operations (MMGOs) will not be detrimental to the health or general welfare of the people living or working in the surrounding area or negatively affect other properties or potential development in the surrounding area. MMGOs shall be permitted in I-2 (General Industrial) and I-3 (Heavy Industrial) zones subject to the following regulations: 1. MMGOs are required to provide a description of all discharges to air, sanitary sewer, storm sewer, streams, or groundwater. 2. MMGOs will require a Building Permit, pursuant to City of Kamloops Building Bylaw, as amended. 3. MMGOs will meet all other applicable municipal, provincial, and federal regulations. 4. A ventilation plan must be filed with the City and must include how the system prevents any offensive odour from leaving the building. 5. MMGOs shall be permitted in stand-alone buildings only. 6. No ancillary uses shall be permitted in a building containing a MMGO. 7. MMGOs shall be located no closer than 150 m from any residential zone, daycare facility, playground, community centre, school, public park, or any use catering to individuals under the age of The practice of diverting building-generated CO 2 gas or otherwise provided CO 2 gas to feed plants is prohibited. 9. Licensed MMGOs shall be decommissioned if inactive for more than one year and the structure/site remediated in accordance with City of Kamloops Controlled Substances Property Remediation Bylaw, as amended.

7 BYLAW NO Formerly-licensed MMGOs under the Marihuana Medical Access Program (MMAP) shall be decommissioned by the current property owner and the structure/site remediated in accordance with City of Kamloops Controlled Substances Property Remediation Bylaw, as amended. 11. MMGOs will require a municipal Business Licence before operation may begin ( ) 311B RETAIL LIQUOR SALES No retail liquor sales may occur within 1 km of another retail liquor sales use (as measured in a straight line from the primary retail entrance to the primary retail entrance). ( ) 311C RETAIL CANNABIS SALES 1. No Retail Cannabis Sales shall be located within 150 m from any P-3 (Schools) zone (as measured in a radius from P-3 parcels property lines to any portion of the retail cannabis store). 2. No Retail Cannabis Sales may occur within 100 m of another Retail Cannabis Sales use (as measured in a radius from the business primary entrance). INSPECTIONS 312 Any employee of the City appointed to administer or enforce the provisions of this bylaw is hereby authorized to enter at all reasonable times upon any real property to ascertain whether the regulations and provisions herein contained are being or have been complied with. It shall be unlawful for any person to prevent or obstruct, or seek to prevent or obstruct any such official in, or from the carrying out of an official duty under this bylaw. ENFORCEMENT Every person, firm or corporation violating any provision of this bylaw is liable on summary conviction to a fine of not less than One Hundred Dollars ($100.00) or more than Two Thousand Dollars ($2,000.00) for each offence. A separate offence shall be deemed to be committed on each day during or on which a violation occurs or continues. Provided however, where more than one registered owner of land is charged with a single offence hereunder, they shall be considered as one person. 2. City Council may where anything is required to be done under the provisions of this bylaw, direct that in default of its being done by that person, such matter or thing shall be done at the expense of the person in default and the Council may recover the expense thereof with interest at the rate of six per cent (6%) per annum with costs by adding the same to the real property tax assessment applicable to the property in question.

CORPORATION OF THE TOWNSHIP OF ESQUIMALT PARKING BYLAW 1992 BYLAW NO. 2011

CORPORATION OF THE TOWNSHIP OF ESQUIMALT PARKING BYLAW 1992 BYLAW NO. 2011 MAY, 2003 Consolidated for convenience. In case of discrepancy the original Bylaw or Amending Bylaws must be consulted. PARKING