By-Law Definitions

Zoning Bylaw, 1850, 1994

City of Kimberley Planning>>Bylaws>>1850>>Definitions

accessory

means customarily incidental and subordinate

accessory building

means:
  1. a detatched building
    means a structure used or intended for supporting or sheltering any use or occupancy
    the use or intended use of which is accessory
    means customarily incidental and subordinate
    to that of the principal building
    means a building in which or in relation to which the permitted principal uses are concentrated
    situated on the same parcel
    means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
    ; or
  2. a building
    means a structure used or intended for supporting or sheltering any use or occupancy
    which is accessory
    means customarily incidental and subordinate
    to a principal use
    means the main purpose for which land, buildings or structures are ordinarily used
    made of the parcel
    means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
    upon which such building
    means a structure used or intended for supporting or sheltering any use or occupancy
    is (to be) located

accessory commercial use

means a business or service that is clearly incidental to residential
see definition of residential in Zoning Bylaw 2016
or tourist accommodation
means a building or portions of a building containing one or more habitable rooms that are used for temporary lodging by visitors where payment for occupancy is on a daily or weekly basis
use such as, but not limited to, offices, restaurants, health centres, indoor recreation
see definition of indoor recreation in Zoning Bylaw 2016
or retail uses and excluding [an] entertainment facility
means commercial use limited to premises licensed for the sale of alcoholic beverages on the premises

accessory dwelling

means a self-contained dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
that is accessory
means customarily incidental and subordinate
to a single family dwelling
means a dwelling containing one (1) dwelling unit
located on the same parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
. An accessory dwelling must have an independent ground floor entry and may be located within or attached to the principal building
means a building in which or in relation to which the permitted principal uses are concentrated
or in a detached accessory building
means:
  1. a detatched building the use or intended use of which is accessory to that of the principal building situated on the same parcel; or
  2. a building which is accessory to a principal use made of the parcel upon which such building is (to be) located

accessory use

means:
  1. a use which is accessory
    means customarily incidental and subordinate
    to the principal building
    means a building in which or in relation to which the permitted principal uses are concentrated
    or the use of the principal building
    means a building in which or in relation to which the permitted principal uses are concentrated
    on the same parcel
    means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
    ; or
  2. a use which is accessory
    means customarily incidental and subordinate
    to the principal use
    means the main purpose for which land, buildings or structures are ordinarily used
    made of the parcel
    means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
    upon which such accessory use
    means:
    1. a use which is accessory to the principal building or the use of the principal building on the same parcel; or
    2. a use which is accessory to the principal use made of the parcel upon which such accessory use is carried on
    is carried on

agricultural land reserve

means a reserve of land established under the Agricultural Land Commission Act

apartment

means a multiple family dwelling
means a dwelling containing three (3) or more dwelling units and includes a rowhouse, townhouse and apartment
containing three (3) or more dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
s which have shared exit facilities

art studio

means a building or structure where paintings, sculptures or other works of art are produced, exhibited, and sold

assembly use

means a use providing for the assembly of persons for religious, charitable, philanthropic, cultural, recreational or educational purposes and includes churches, auditoriums, youth centres, social halls, community halls, and conference and convention facilities

bare land strata

means a strata plan on which the boundaries of the strata lots are defined on horizontal plane by reference to survey markers under Section 6 (2) (b) of the Condominium Act, and not by reference to the floors, walls and ceilings of a building
means a structure used or intended for supporting or sheltering any use or occupancy

basement

means the portion of a building where floor level, relative to ceiling height, is fifty percent (50%) or more below the finished grade

means the average level of finished ground adjoining a building at all exterior walls or the average level of finished ground adjoining a structure at its support(s)

bed and breakfast

means the use of a single family dwelling that includes:
  1. the business of renting not more than four bedrooms in the dwelling for the temporary lodging of paying guests; and
  2. the use of common living and dining area for such guests; and
  3. the use of the dwelling as the principle residence of the bed and breakfast operator; and
  4. the provision of breakfast in the dwelling for the paying guests

boarding and lodging

means monthly or longer accommodation for not more than two persons who are unrelated to the family
means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons
residing in a dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
and is limited to bedrooms or sleeping unit
means one or more habitable rooms used for lodging of a person or persons on a temporary or longer basis and must include in addition to the habitable room(s) a toilet, wash basin and bath or shower, but must not contain facilities for the preparation of food
s only

building

means a structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
used or intended for supporting or sheltering any use or occupancy

building and trade contracting industry

means premises used for the provision of services related to general building and contracting industries including concrete, electrical, heating and air conditioning, plumbing, carpentry, cabinet-making, flooring, roofing, siding, masonry, landscaping and similar services that require on-site storage for materials, equipment or vehicles

business and professional offices

means the use of premises for the provision of professional, management, administrative, consulting, or financial services in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants, planners, architects, engineers, surveyors, real estate and insurance firms, clerical and secretarial agencies but exclude the servicing and repair of goods, the sale of goods to customer on the site, and the manufacture or handling of a product on the site

campground

means an area of land that has been designed and intended for the temporary placement of recreational vehicle
means a vehicle which is, or was originally designed to travel or to be transported on a highway and constructed or equipped to be used as temporary living or sleeping quarter by travellers, or a vehicle which is designed as a recreation conveyance on or off the highway and, without limiting the generality of the foregoing, includes a trailer, travel trailer, tent trailer, coach, camper, motor home but not a mobile home
s and tents to accommodate the travelling public

carriage house dwelling

means a dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
located above a detached garage that is accessory
means customarily incidental and subordinate
to a single family dwelling
means a dwelling containing one (1) dwelling unit
located on the same parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway

child care facility

means a use which provides for the care of not more than eight children, according to the Child Care Licensing Regulation under the Community Care and Assisted Living Act

club or lodge

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
or establishment used by a fraternal or service organization for meetings or social or recreational purposes, including accessory
means customarily incidental and subordinate
catering to the general public

commercial parking

means a business that commercially provides an off-street parking area
means an area of land that includes off-street parking spaces plus driveways, manoeuvering aisles and landscaping associated with the off-street parking area. An off-street parking area may be open, concealed, sheltered or underground
that is: accessible by the public; for the temporary
means less than four (4) consecutive weeks or twenty-eight (28) consecutive days
parking of a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
; and, either located on a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
or within a structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete

commercial school

means a school conducted for gain, other than an academic, religious or philanthropic school, and includes a dance or music school, art school, business school, or driving school

commercial use

see definition of commercial use
includes office, retail, personal service, restaurants and establishments licensed for the sale of alcoholic beverages on the premises
in Zoning Bylaw 2016

common wall

means a continuous, unbroken vertical structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
on either side of which is a separate dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
, building
means a structure used or intended for supporting or sheltering any use or occupancy
or strata lot

community recreation use

means building
means a structure used or intended for supporting or sheltering any use or occupancy
s, structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
s and open space for the use and entertainment of the community and the general public, and includes park
means open space used for recreational purposes or maintained for the use and enjoyment of the public and includes Federal, Provincial, Regional and local parks, ecological, archaelogical and historic sites and includes privately-owned land for use of which no charge is made to the public
s and playgrounds, campground
means an area of land that has been designed and intended for the temporary placement of recreational vehicles and tents to accommodate the travelling public
s, fairgrounds and exhibition grounds, arenas, and swimming pools

convenience store

means a retail commercial establishment, not exceeding 185 m2 (1991 sq. ft.) of gross floor area
means the total area of all floors in all buildings on a parcel measured to the exterior walls of the buildings including: corridors, hallways, landings, foyers, staircases and stairwells; enclosed balconies, mezzanines porches or verandas; but, excluding: off-street parking areas, basements, elevators and ventilating shafts, areas occupied by fixed machinery or equipment and any other space less than 1.5m in height
, supplying groceries and other daily household necessities to the immediate surrounding area

craft brewery or craft distillery

means a business licensed under the Liquor Control and Licensing Act for the limited production of alcoholic beverages with an associated retail

means a building or part thereof in which goods are offered or kept for sale directly to the public at retail
, restaurant
means a building where food and beverages are offered for sale to the public for consumption at tables or counters either inside or outside the building on the parcel. As an accessory use, take-out service of food and beverages for off-site consumption may be provided
or entertainment facility
means commercial use limited to premises licensed for the sale of alcoholic beverages on the premises
for the sale or consumption of products produced on-site

craft workshop

means the use of premises for the creation and production of arts and crafts for sale to the general public and includes pottery, ceramics, sculpture, painting, drawing, weaving, candle–making, tile art, movie or still photography. No activity may involve amplified sound, excessive vibration or the use of toxic or hazardous materials

derelict vehicle

means any vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
which is not licensed for the current year but does not include a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
stored in a building
means a structure used or intended for supporting or sheltering any use or occupancy
or a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
used for industrial purposes on land zoned for industrial use in this Bylaw

dormitory

means a room used as a common sleeping area which may be divided by one or more partitions which are at least 0.5 meters less in height
means the vertical distance from the finished grade to the highest point of the building or structure
than the distance between the floor and the ceiling in the dormitory
means a room used as a common sleeping area which may be divided by one or more partitions which are at least 0.5 meters less in height than the distance between the floor and the ceiling in the dormitory in which they are located
in which they are located

dwelling

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
designed or used as a dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
or dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
s

dwelling unit

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
or portion thereof containing one or more habitable room
means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet
s used or intended to be used by a family
means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons
for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities

educational academy

means an institution established to provide specialized instruction or training

entertainment facility

means commercial use
see definition of commercial use in Zoning Bylaw 2016
limited to premises licensed for the sale of alcoholic beverages on the premises

equestrian facilities

means the site, stables, buildings, sheds, shelters, fence
means a fabricated structure intended to prevent intrusion onto a parcel or to separate a parcel from adjacent parcels or part of a parcel from an adjacent part of a parcel and includes a wall or trellis
s, corrals, arenas and other appurtenances used for the care, rearing, training, exercise, showing and enjoyment of horses including outdoor storage of feed, waste and equipment

exterior side parcel line

means the side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
which abuts a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
or a lane
means a highway which proves secondary access to any abutting parcel

exterior side yard

means a side yard
means a yard extending from the front yard to the rear yard and lying between the side parcel line and the exterior wall of a building or structure measured at right angles to the side parcel line
where the side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
abuts a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
or a lane
means a highway which proves secondary access to any abutting parcel

family

means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons

fence

means a fabricated structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
intended to prevent intrusion onto a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
or to separate a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
from adjacent parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
s or part of a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
from an adjacent part of a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
and includes a wall or trellis

finished grade

means the average level of finished ground adjoining a building
means a structure used or intended for supporting or sheltering any use or occupancy
at all exterior walls or the average level of finished ground adjoining a structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
at its support(s)

floor site area

means the figure obtained when the gross floor area
means the total area of all floors in all buildings on a parcel measured to the exterior walls of the buildings including: corridors, hallways, landings, foyers, staircases and stairwells; enclosed balconies, mezzanines porches or verandas; but, excluding: off-street parking areas, basements, elevators and ventilating shafts, areas occupied by fixed machinery or equipment and any other space less than 1.5m in height
of all building
means a structure used or intended for supporting or sheltering any use or occupancy
s on a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
is divided by the total usable site area
means the total area of the parcel excluding:
  1. area covered by a natural body of water including a wetland or surface water measured to the high water mark;
  2. land where the natural slope exceeds 30 percent for lands permitted for multiple family dwellings and 40 percent for single and two-family dwellings; and
  3. land within 15 metres of the natural boundary of a water course

floor space ratio

means the figure obtained when the gross floor area
means the total area of all floors in all buildings on a parcel measured to the exterior walls of the buildings including: corridors, hallways, landings, foyers, staircases and stairwells; enclosed balconies, mezzanines porches or verandas; but, excluding: off-street parking areas, basements, elevators and ventilating shafts, areas occupied by fixed machinery or equipment and any other space less than 1.5m in height
of all building
means a structure used or intended for supporting or sheltering any use or occupancy
s on a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
is divided by the parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
area

front parcel line

means the parcel line
means a legal boundary of a parcel as shown or described on the records of the Land Title Office
common to a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
and an abutting highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
other than a lane
means a highway which proves secondary access to any abutting parcel
. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face
, or where the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face
s and rear parcel line
means the parcel line or parcel lines opposite to and most distant from the front parcel line; or where the rear portion of the parcel is bounded by intersecting side parcel lines, it shall be the point of such intersection
s both adjoin a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
, the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face
shall be that to which the majority of adjacent building
means a structure used or intended for supporting or sheltering any use or occupancy
s face

front yard

means a yard
means the outdoor area of a parcel adjacent to a building or structure extending from an exterior wall of the building or structure to a parcel line
extending across the full width of the parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
from the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face
to the exterior wall of a building
means a structure used or intended for supporting or sheltering any use or occupancy
or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
, measured at right angles to the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face

golf course

means a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
or group of parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
s used for playing golf, consisting of at least nine holes each with a tee, fairway and green, and may contain practice areas accessory
means customarily incidental and subordinate
to the golf course
means a parcel or group of parcels used for playing golf, consisting of at least nine holes each with a tee, fairway and green, and may contain practice areas accessory to the golf course, a pro-shop, clubhouse and lounge or dining facilities, but a golf course is not a driving range, pitch and putt or miniature golf establishment
, a pro-shop, clubhouse and lounge or dining facilities, but a golf course
means a parcel or group of parcels used for playing golf, consisting of at least nine holes each with a tee, fairway and green, and may contain practice areas accessory to the golf course, a pro-shop, clubhouse and lounge or dining facilities, but a golf course is not a driving range, pitch and putt or miniature golf establishment
is not a driving range, pitch and putt or miniature golf establishment

greenhouse

means a building specifically designed for the propagation, growing, processing and storage of vegetables, fruit, flowers, shrubs, herbs, spices or other plants for transplanting on the same site or for sale

gross floor area

means the total area of all floors in all building
means a structure used or intended for supporting or sheltering any use or occupancy
s on a parcel measured to the exterior walls of the building
means a structure used or intended for supporting or sheltering any use or occupancy
s including: corridors, hallways, landings, foyers, staircases and stairwells; enclosed balconies, mezzanines porches or verandas; but, excluding: off-street parking area
means an area of land that includes off-street parking spaces plus driveways, manoeuvering aisles and landscaping associated with the off-street parking area. An off-street parking area may be open, concealed, sheltered or underground
s, basement

means the portion of a building where floor level, relative to ceiling height, is fifty percent (50%) or more below the finished grade

s, elevators and ventilating shafts, areas occupied by fixed machinery or equipment and any other space less than 1.5m in height

gross hectare

means a hectare of land including areas given over to development of provate streets, lane
means a highway which proves secondary access to any abutting parcel
s and open spaces

ground floor area

means the maximum ground floor area of a building measured by the outside walls, excluding any private garage, carport or porch

group day care

means a use which provides for the care of more than eight children according to the Child Care Licensing Regulation under the Community Care and Assisted Living Act

group home

means a dwelling
means a building designed or used as a dwelling unit or dwelling units
for the accommodation of not less than three (3) or more than ten (10) persons, exclusive of staff, who by reason of their emotional, mental, social or physical condition or legal status require a group living arrangement for their well being, and:
  1. such facility is supervised and the members of the group are referred by a hospital or government agency; and
  2. such facility is licensed or approved under Provincial statute and does not include any use otherwise classified or defined in this Bylaw

habitable room

means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet

health and wellness practitioner

means a business that provides out-patient educational, personal or retail health services to the public either by appointment or walk-in. This includes, but not limited to, doctor and dentist, registered therapists, homeopathy providers and health studios or spas

height

means the vertical distance from the finished grade
means the average level of finished ground adjoining a building at all exterior walls or the average level of finished ground adjoining a structure at its support(s)
to the highest point of the building
means a structure used or intended for supporting or sheltering any use or occupancy
or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete

highway

includes a street, road, lane
means a highway which proves secondary access to any abutting parcel
, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act

home-based business

means:
  1. Classification 1 - An occupation, service, profession or craft which is clearly accessory
    means customarily incidental and subordinate
    to the use of a dwelling unit
    means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
    for residential purposes or to the residential use of a parcel
    means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
    occupied by a dwelling
    means a building designed or used as a dwelling unit or dwelling units
    and is carried on my members of the same family
    means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons
    residing in the dwelling unit
    means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
    but does not include the repair of vehicles
    means the disassembly of vehicles, derelict or otherwise, into component parts and the construction, repair and maintenance of ordinary or special status vehicles, but does not include the repair and maintenance of licenced or leased vehicles owned by members of the family
  2. Classification 2 - An occupation, service, profession or craft which is clearly accessory
    means customarily incidental and subordinate
    to the use of a dwelling unit
    means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
    for residential pruposes or to the residential use of a parcel
    means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
    occupied by a dwelling
    means a building designed or used as a dwelling unit or dwelling units
    and is carried on by members of the family
    means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons
    residing in the dwelling unit
    means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
    plus no more that two (2) non-resident assistants or employees, but does not include the repair of vehicles
    means the disassembly of vehicles, derelict or otherwise, into component parts and the construction, repair and maintenance of ordinary or special status vehicles, but does not include the repair and maintenance of licenced or leased vehicles owned by members of the family

hostel

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
used as a temporary
means less than four (4) consecutive weeks or twenty-eight (28) consecutive days
place of lodging containing one or more dormitories and includes common areas for working, cooking, dining and socializing, bathroom, kitchen, dining and social facilities

hotel

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
or part wherein accommodation is provided for the travelling public. Accommodation may be with or without individual cooking facilities. Entrance and exit ways are shared and the building
means a structure used or intended for supporting or sheltering any use or occupancy
may include public areas such as a lobby, restaurant, assembly, entertainment, convention and recreation facilities

indoor recreation

see definition of indoor recreation
means private, commercial or public leisure activities including swimming pool, racquet courts, weight rooms, spas and other similar activities
in Zoning Bylaw 2016

indoor storage

means a non-habitable room
means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet
or compartment made commercially available to the public for the storage of goods or personal property. This does not include an indoor storage unit made exclusively available to business or dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
located on the same parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway

interior side parcel line

means the side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
which abuts another parcel

interior side yard

means a side yard
means a yard extending from the front yard to the rear yard and lying between the side parcel line and the exterior wall of a building or structure measured at right angles to the side parcel line
where the side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
abuts another parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway

irregular parcel

means a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
with opposite side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
s that are not parallel

lane

means a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
which proves secondary access to any abutting parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway

live-work unit

means a self-contained dwelling unit that is accessory
means customarily incidental and subordinate
to a light industrial activity located on the same parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
. The dwelling must have an independent ground floor entry and it may be located within or attached to the principal building
means a building in which or in relation to which the permitted principal uses are concentrated
or in a detached accessory building
means:
  1. a detatched building the use or intended use of which is accessory to that of the principal building situated on the same parcel; or
  2. a building which is accessory to a principal use made of the parcel upon which such building is (to be) located

lodge

see club or lodge
means a building or establishment used by a fraternal or service organization for meetings or social or recreational purposes, including accessory catering to the general public

mobile home

means any building
means a structure used or intended for supporting or sheltering any use or occupancy
constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
. A mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home
is not a recreational vehicle
means a vehicle which is, or was originally designed to travel or to be transported on a highway and constructed or equipped to be used as temporary living or sleeping quarter by travellers, or a vehicle which is designed as a recreation conveyance on or off the highway and, without limiting the generality of the foregoing, includes a trailer, travel trailer, tent trailer, coach, camper, motor home but not a mobile home
. For the purposes of this bylaw, a mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home
also means a manufactured home

mobile home area

means that part of a mobile home park
means land used or occupied by any person for the purpose of providing space for the accommodation of two (2) or more mobile homes and for imposing a charge or rental for the use of such spaces
used primarily for installed mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home
s, including permissible additions and which is not used for buffer area, roadways, owner's residential plot, the procuring and treatment of water, collective sewage treatment, effluent disposal from a collective sewage treatment plant, garbage disposal, or accessory building
means:
  1. a detatched building the use or intended use of which is accessory to that of the principal building situated on the same parcel; or
  2. a building which is accessory to a principal use made of the parcel upon which such building is (to be) located
s or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
s

mobile home park

means land used or occupied by any person for the purpose of providing space for the accommodation of two (2) or more mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home
s and for imposing a charge or rental for the use of such spaces

mobile home space

means an area of land for the installation of one mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home
with permissible additions and situated within a mobile home area
means that part of a mobile home park used primarily for installed mobile homes, including permissible additions and which is not used for buffer area, roadways, owner's residential plot, the procuring and treatment of water, collective sewage treatment, effluent disposal from a collective sewage treatment plant, garbage disposal, or accessory buildings or structures

modular home

means a dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
constructed in accordance with the standards set forth in C.S.A. Standard A277 - M1990, as amended from time to time and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home
means a dwelling unit constructed in accordance with the standards set forth in C.S.A. Standard A277 - M1990, as amended from time to time and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may consist of two sections transported to the site in a manner similar to a mobile home or a series of panels or room sections transported on a truck and erected or joined together on the site
may consist of two sections transported to the site in a manner similar to a mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home
or a series of panels or room sections transported on a truck and erected or joined together on the site

motel

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
or group of building
means a structure used or intended for supporting or sheltering any use or occupancy
s divided into self contained sleeping unit
means one or more habitable rooms used for lodging of a person or persons on a temporary or longer basis and must include in addition to the habitable room(s) a toilet, wash basin and bath or shower, but must not contain facilities for the preparation of food
s or dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
s, each with a separate entrance, for the primary purpose of accommodating the travelling public including a motor court, resort, a cottage, bungalow or cabin but does not include a hotel
means a building or part wherein accommodation is provided for the travelling public. Accommodation may be with or without individual cooking facilities. Entrance and exit ways are shared and the building may include public areas such as a lobby, restaurant, assembly, entertainment, convention and recreation facilities
or other residential premises. A motel
means a building or group of buildings divided into self contained sleeping units or dwelling units, each with a separate entrance, for the primary purpose of accommodating the travelling public including a motor court, resort, a cottage, bungalow or cabin but does not include a hotel or other residential premises. A motel may include a dining establishment primarily engaged in the service of food to persons in temporary residence in the motel but may not include establishments primarily engaged in providing entertainment or in serving beverages
may include a dining establishment primarily engaged in the service of food to persons in temporary residence in the motel
means a building or group of buildings divided into self contained sleeping units or dwelling units, each with a separate entrance, for the primary purpose of accommodating the travelling public including a motor court, resort, a cottage, bungalow or cabin but does not include a hotel or other residential premises. A motel may include a dining establishment primarily engaged in the service of food to persons in temporary residence in the motel but may not include establishments primarily engaged in providing entertainment or in serving beverages
but may not include establishments primarily engaged in providing entertainment or in serving beverages

multiple family dwelling

means a dwelling
means a building designed or used as a dwelling unit or dwelling units
containing three (3) or more dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
s and includes a rowhouse, townhouse
means a multiple family dwelling containing three (3) or more dwelling units which do not have shared exit facilities
and apartment
means a multiple family dwelling containing three (3) or more dwelling units which have shared exit facilities

natural boundary

means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream or other body of water a character distinct from that of the banks thereof in respect to vegetation, as well as in respect to the nature of the soil itself

neighbourhood pub

means premises used for the on-site consumption of food and alcoholic beverages as the principal use of the site, which may include outdoor customer service areas, and intended primarily to serve the nearby residents

neighbourhood recreational facility

means a facility for social and recreation activities that may include swimming pool, fitness rooms, communal lounges, meeting rooms and other similar activities and used primarily by residents of the site or neighbourhood in which it is located

nursery

means a land area used for the propagation, growing and storage of trees, shrubs and other plants for transplanting on the same site or for sale

off-street loading space

means an area of land other than a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
used for the parking [loading] of a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks

off-street parking area

means an area of land that includes off-street parking space
means an area of land other than a highway used for the parking of a vehicle
s plus driveways, manoeuvering aisles and landscaping associated with the off-street parking area
means an area of land that includes off-street parking spaces plus driveways, manoeuvering aisles and landscaping associated with the off-street parking area. An off-street parking area may be open, concealed, sheltered or underground
. An off-street parking area
means an area of land that includes off-street parking spaces plus driveways, manoeuvering aisles and landscaping associated with the off-street parking area. An off-street parking area may be open, concealed, sheltered or underground
may be open, concealed, sheltered or underground

off-street parking space

means an area of land other than a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
used for the parking of a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks

off-street passenger vehicle space

means an accessible area of land, other than a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
, used for the safe loading and unloading of passengers and temporary parking of commercial passenger vehicles

outdoor storage yard

means an area outside an enclosed building
means a structure used or intended for supporting or sheltering any use or occupancy
where material and equipment used by or associated with the principal use
means the main purpose for which land, buildings or structures are ordinarily used
of the same or an adjoining parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
are kept

parcel

means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act

parcel line

means a legal boundary of a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
as shown or described on the records of the Land Title Office

park

means open space used for recreational purposes or maintained for the use and enjoyment of the public and includes Federal, Provincial, Regional and local parks, ecological, archaelogical and historic sites and includes privately-owned land for use of which no charge is made to the public

patio

means a surfaced, open space of land at grade, or platform not more than 0.6m (2 ft.) above finished grade, and not covered by a permanent roof or enclosed by temporary or permanent walls

personal services

means a business catering to the needs of the general public including but not limited to barber shops or beauty salons, dry cleaning, electrical appliance repairs, financial institutions, photography studios, shoe repairs, ticket and travel agencies, insurance agencies, pet shops

place of worship

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
, structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
, or part thereof, which is primarily used for the practice of religion and faith-based spiritual purposes wherein people assemble for religious worship, faith-based teaching, fellowship and community social outreach. Accessory use
means:
  1. a use which is accessory to the principal building or the use of the principal building on the same parcel; or
  2. a use which is accessory to the principal use made of the parcel upon which such accessory use is carried on
s include, but are not limited to, classrooms for religious instruction, programs for community social benefit, administrative offices related to the place of worship, and one dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities

platzl

means all that area shown as Spokane Street and Deer Park Avenue in Schedule “A” attached hereto and forming part of this Bylaw

principal building

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
in which or in relation to which the permitted principal use
means the main purpose for which land, buildings or structures are ordinarily used
s are concentrated

principal use

means the main purpose for which land, building
means a structure used or intended for supporting or sheltering any use or occupancy
s or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
s are ordinarily used

public building

means any building
means a structure used or intended for supporting or sheltering any use or occupancy
occupied by the Government of Canada, the Provincial Government, the Regional District of East Kootenay, or the City of Kimberley used in the service of the public and includes a fire hall and police station

public school

means a place of instruction maintained at public expense pursuant to the School Act

public utility use

means a use, including building
means a structure used or intended for supporting or sheltering any use or occupancy
s and structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
s, providing water supply, sewage collection and disposal (excluding sewage treatment plants), electricity, natural gas, telephone, radio and television broadcasting, transmitting and receiving and similar services where such use is established by the City of Kimberley or a company regulated by government utility or communications legislation

rear parcel line

means the parcel line
means a legal boundary of a parcel as shown or described on the records of the Land Title Office
or parcel line
means a legal boundary of a parcel as shown or described on the records of the Land Title Office
s opposite to and most distant from the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face
; or where the rear portion of the parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
is bounded by intersecting side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
s, it shall be the point of such intersection

rear yard

means a yard
means the outdoor area of a parcel adjacent to a building or structure extending from an exterior wall of the building or structure to a parcel line
extending across the full width of the parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
from the rear parcel line
means the parcel line or parcel lines opposite to and most distant from the front parcel line; or where the rear portion of the parcel is bounded by intersecting side parcel lines, it shall be the point of such intersection
to the exterior wall of a building
means a structure used or intended for supporting or sheltering any use or occupancy
or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
, measured at right angles to the rear parcel line
means the parcel line or parcel lines opposite to and most distant from the front parcel line; or where the rear portion of the parcel is bounded by intersecting side parcel lines, it shall be the point of such intersection

recreational lakes or ponds

means water bodies designed and constructed for a variety of recreational uses including swimming, sunbathing, water-skiing, wakeboarding and winter skating

recreational vehicle

means a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
which is, or was originally designed to travel or to be transported on a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
and constructed or equipped to be used as temporary living or sleeping quarter by travellers, or a vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
which is designed as a recreation conveyance on or off the highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
and, without limiting the generality of the foregoing, includes a trailer, travel trailer, tent trailer, coach, camper, motor home but not a mobile home
means any building constructed in accordance with the standards set forth in CAN/CSA Z240 MH Series M86, as amended from time to time, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. A mobile home is not a recreational vehicle. For the purposes of this bylaw, a mobile home also means a manufactured home

recycling depot

means an establishment involved in the recycling of post consumer refuse such as glass, paper, cardboard and containers, with most activities carried out in a building
means a structure used or intended for supporting or sheltering any use or occupancy
but also including outdoor processing and storage. A salvage yard
means an open area where waste or scrap material, primarily metals, are stored, processed, exchanged or sold
is not a recycling depot
means an establishment involved in the recycling of post consumer refuse such as glass, paper, cardboard and containers, with most activities carried out in a building but also including outdoor processing and storage. A salvage yard is not a recycling depot

repair of vehicles

means the disassembly of vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
s, derelict or otherwise, into component parts and the construction, repair and maintenance of ordinary or special status vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
s, but does not include the repair and maintenance of licenced or leased vehicle
means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks
s owned by members of the family
means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons

residential

see definition of residential
means a fixed place of living, excluding any tourist accommodation, to which a person intends to return when absent
in Zoning Bylaw 2016

restaurant

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
where food and beverages are offered for sale to the public for consumption at tables or counters either inside or outside the building
means a structure used or intended for supporting or sheltering any use or occupancy
on the parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
. As an accessory use
means:
  1. a use which is accessory to the principal building or the use of the principal building on the same parcel; or
  2. a use which is accessory to the principal use made of the parcel upon which such accessory use is carried on
, take-out service of food and beverages for off-site consumption may be provided

retail

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
or part thereof in which goods are offered or kept for sale directly to the public at retail

salvage yard

means an open area where waste or scrap material, primarily metals, are stored, processed, exchanged or sold

screening

means a fence
means a fabricated structure intended to prevent intrusion onto a parcel or to separate a parcel from adjacent parcels or part of a parcel from an adjacent part of a parcel and includes a wall or trellis
or hedge or combination thereof that obstructs certain views of the parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
which it encloses and is broken only by access drives, lane
means a highway which proves secondary access to any abutting parcel
s and walkways, excluding open mesh or chain link style fence
means a fabricated structure intended to prevent intrusion onto a parcel or to separate a parcel from adjacent parcels or part of a parcel from an adjacent part of a parcel and includes a wall or trellis
s

seniors housing

means multiple family housing intended for elderly persons. Seniors housing may be designed for independent living or include on-site support services and facilities or a combination of independent and assisted living units. Seniors housing is primarily sponsored or administered by a public agency or service club, church, or other non-profit organization, or by any combination thereof. Seniors housing may include accessory uses such as common amenity areas, communal dining and kitchen facilities, and health consulting and treatment services

shopping centre

means a planned complex of stores grouped around a pedestrian mall or plaza, that is designed and managed as an integrated unit with common off-street parking space
means an area of land other than a highway used for the parking of a vehicle
s, and may include retail, office, including medical and professional offices, and recreational facilities

side parcel line

means the parcel line
means a legal boundary of a parcel as shown or described on the records of the Land Title Office
or parcel line
means a legal boundary of a parcel as shown or described on the records of the Land Title Office
s other than the front parcel line
means the parcel line common to a parcel and an abutting highway other than a lane. Where there is more than one such line and such lines are perpendicular, the shortest such line shall be considered the front parcel line, or where the front parcel lines and rear parcel lines both adjoin a highway, the front parcel line shall be that to which the majority of adjacent buildings face
or rear parcel line
means the parcel line or parcel lines opposite to and most distant from the front parcel line; or where the rear portion of the parcel is bounded by intersecting side parcel lines, it shall be the point of such intersection
and common to another parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
or parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
s or to a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act

side yard

means a yard
means the outdoor area of a parcel adjacent to a building or structure extending from an exterior wall of the building or structure to a parcel line
extending from the front yard
means a yard extending across the full width of the parcel from the front parcel line to the exterior wall of a building or structure, measured at right angles to the front parcel line
to the rear yard
means a yard extending across the full width of the parcel from the rear parcel line to the exterior wall of a building or structure, measured at right angles to the rear parcel line
and lying between the side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway
and the exterior wall of a building
means a structure used or intended for supporting or sheltering any use or occupancy
or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
measured at right angles to the side parcel line
means the parcel line or parcel lines other than the front parcel line or rear parcel line and common to another parcel or parcels or to a highway

single family dwelling

means a dwelling
means a building designed or used as a dwelling unit or dwelling units
containing one (1) dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities

site coverage

means the figure obtained when the projected area of the outside walls, excluding steps, eaves, patios, and cantilevered balconies, of all principal and accessory buildings is expressed as a percentage of the total parcel area

sleeping unit

means one or more habitable room
means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet
s used for lodging of a person or persons on a temporary or longer basis and must include in addition to the habitable room
means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet
(s) a toilet, wash basin and bath or shower, but must not contain facilities for the preparation of food

solar energy facility

means an electric generating facility whose main purpose is to collect and convert solar energy to generate, store, distribute and supply electricity and consists of one or more solar collector panel, film, shingle, or other device and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities

structure

means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete

supportive housing

means a form of housing specifically designed to enable elderly persons, not requiring personal care or any higher level of care, to live independently, while benefiting from a communal environment in terms of social life, security and personal care services. It contains facilities including:
  1. substantial common amenity area
  2. communal dining room and kitchen
  3. built-in safety features for seniors living including grab bars in washrooms, personal emergency alarms; and
  4. at the project level, recreation programs for the residents

temporary

means less than four (4) consecutive weeks or twenty-eight (28) consecutive days

toboggan hill

means a land area with a slope suitable for sledding, skiing, tubing and appropriate activities in other seasons and which may have a mechanical system for conveying patrons to higher elevations

tourist accommodation

means a building
means a structure used or intended for supporting or sheltering any use or occupancy
or portions of a building
means a structure used or intended for supporting or sheltering any use or occupancy
containing one or more habitable room
means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet
s that are used for temporary
means less than four (4) consecutive weeks or twenty-eight (28) consecutive days
lodging by visitors where payment for occupancy is on a daily or weekly basis

townhouse

means a multiple family dwelling
means a dwelling containing three (3) or more dwelling units and includes a rowhouse, townhouse and apartment
containing three (3) or more dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
s which do not have shared exit facilities

travel services

means a building or site used for the loading and unloading of passengers utilizing commercial passenger vehicles including, but not necessarily limited to, bus or shuttle services. Accessory uses may include ticket offices, food services, offices, facilities for handling and temporary storage of luggage and freight, waiting rooms and similar uses

two family dwelling

means one dwelling
means a building designed or used as a dwelling unit or dwelling units
containing two (2) dwelling unit
means a building or portion thereof containing one or more habitable rooms used or intended to be used by a family for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities
s that:
  1. share a common roof and foundation
  2. that are separated by a common wall
    means a continuous, unbroken vertical structure on either side of which is a separate dwelling unit, building or strata lot
    or a fire separation

usable site area

means the total area of the parcel excluding:
  1. area covered by a natural body of water including a wetland or surface water measured to the high water mark;
  2. land where the natural slope exceeds 30 percent for lands permitted for multiple family dwellings and 40 percent for single and two-family dwellings; and
  3. land within 15 metres of the natural boundary of a water course

vehicle

means a device in, on or by which a person or thing is or may be transported or drawn on a highway
includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include private right-of-way on private property, a walkway or common lot access as defined by the Condominium Act
, except a device designed to be moved by human power or used exclusively on stationary rails or tracks

veterinary clinic

means a facility offering and designed for the care and treatment of animals under the supervision of a Doctor of Veterinary Medicine

yard

means the outdoor area of a parcel
means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway
adjacent to a building
means a structure used or intended for supporting or sheltering any use or occupancy
or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
extending from an exterior wall of the building
means a structure used or intended for supporting or sheltering any use or occupancy
or structure
means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete
to a parcel line
means a legal boundary of a parcel as shown or described on the records of the Land Title Office