By-Law Definitions

Alpine Resort Zoning Bylaw No. 2016, 1999

City of Kimberley Planning>>Bylaws>>2016>>Definitions

accessory

means customarily incidental and subordinate

accessory building

means:
  1. a detatched building
    means an enclosed 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 an enclosed 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 an enclosed 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
means a fixed place of living, excluding any tourist accommodation, to which a person intends to return when absent
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
means private, commercial or public leisure activities including swimming pool, racquet courts, weight rooms, spas and other similar activities
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 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

see definition of apartment
means a multiple family dwelling containing three (3) or more dwelling units which have shared exit facilities
in Zoning Bylaw 1850

assembly use

see definition of 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
in Zoning Bylaw 1850

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 an enclosed structure used or intended for supporting or sheltering any use or occupancy

basement

means the space between two floor levels, with the lower level located more than 1.2 metres below grade

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

bedroom

means a room used principally for sleeping and excludes bathroom, dining room, kitchen, principal living room, storage room, and work room

building

means an enclosed 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

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

commercial floor area

means the total floor area of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
used for temporary accommodation measured to the outer limits of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
excluding areas used for 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
and including assembly use
see definition of assembly use in Zoning Bylaw 1850
and commercial use
includes office, retail, personal service, restaurants and establishments licensed for the sale of alcoholic beverages on the premises
s

commercial use

includes office, retail, personal service
means a commercial use catering to the needs of the general public including barbershop or beauty salon, dry cleaning, financial institution, photography studio, shoe repair and ticket and travel agency but excluding escort services and non registered massage parlours
, restaurants and establishments licensed for the sale of alcoholic beverages on the premises

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 self-contained set of habitable rooms in a building, including not more than one (1) set of cooking facilities
, building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
or strata lot

conference use

means a facility used for the holding of conferences, conventions, seminars, workshops or similar activities and includes accessory
means customarily incidental and subordinate
uses such as offices, facilities for preparing and serving of food and beverages and ancillary storage

crawl space

means a portion of a building with a height between ceiling and floor of less than 1.5 metres

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 an enclosed 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 metres less in height
means the vertical distance from grade to:
  1. the highest point of the roof surface of a flat roof
  2. to the deck line of a mansard roof;
  3. to the mean level between the eaves and the ridge of a gable, hip, gambrel, or other sloping roof; or
  4. in the case of a structure without a roof, to the highest point of the 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 metres 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 an enclosed structure used or intended for supporting or sheltering any use or occupancy
designed or used as a dwelling unit
means a self-contained set of habitable rooms in a building, including not more than one (1) set of cooking facilities
or dwelling unit
means a self-contained set of habitable rooms in a building, including not more than one (1) set of cooking facilities
s

dwelling unit

means a self-contained set of 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 in a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
, including not more than one (1) set of cooking facilities

entertainment facility

means commercial use
includes office, retail, personal service, restaurants and establishments licensed for the sale of alcoholic beverages on the premises
limited to premises licensed for the sale of alcoholic beverages on the premises

exterior side yard

means a side 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, excluding eaves, fireplaces and chimneys not projecting more than 0.6 m (2 ft) and uncovered steps that do not exceed 1.5 m (5 ft)
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, any other way open to public use and a private right of way on private property
or a lane
means a highway which provides secondary access to any abutting parcel.

family

see definition of family
means an individual, two or more persons related by blood, marriage, adoption or foster parenthood or not more than five (5) unrelated persons
in Zoning Bylaw 1850

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

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, stairwells, enclosed balconies and mezzanines and enclosed porches or verandah, but excluding parking areas, basements, elevators and ventilating shafts, areas occupied by fixed machinery or equipment, and any other space less than 1.5 metres in height. (Amnd 2 Bylaw 2029)
of all building
means an enclosed 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, any other way open to public use and a private right of way on private property
other than a lane
means a highway which provides 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, any other way open to public use and a private right of way on private property
, 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 an enclosed 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 an enclosed 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
, excluding eaves, fireplaces and chimneys not projecting more than 0.6 m (2 ft) and under covered steps that do not exceed 1.5 m

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

grade

means the lowest of the average levels of finished ground adjoining each exterior wall of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
, except that the localized depression such as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished ground

gross floor area

means the total area of all floors in all building
means an enclosed 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
measured to the exterior walls of the building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
s including corridors, hallways, landings, foyers, staircases, stairwells, enclosed balconies and mezzanines and enclosed porches or verandah, but excluding parking areas, basements, elevators and ventilating shafts, areas occupied by fixed machinery or equipment, and any other space less than 1.5 metres in height. (Amnd 2 Bylaw 2029)

ground floor

means the lower most storey of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
, the lower floor surface of which is closer to grade
means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that the localized depression such as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished ground
than the floor of any storey in the building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy

guest room

means not more than one (1) habitable room that is used for temporary accommodation of paying guests and may include a bathroom and one (1) set of cooking facilities

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

half storey

for the purpose of calculation of height
means the vertical distance from grade to:
  1. the highest point of the roof surface of a flat roof
  2. to the deck line of a mansard roof;
  3. to the mean level between the eaves and the ridge of a gable, hip, gambrel, or other sloping roof; or
  4. in the case of a structure without a roof, to the highest point of the structure.
wherever height
means the vertical distance from grade to:
  1. the highest point of the roof surface of a flat roof
  2. to the deck line of a mansard roof;
  3. to the mean level between the eaves and the ridge of a gable, hip, gambrel, or other sloping roof; or
  4. in the case of a structure without a roof, to the highest point of the structure.
is regulated by number and fractions of storey
means the part of a building or structure between the top of any floor and ceiling above, but excludes a basement
s, means the uppermost storey
means the part of a building or structure between the top of any floor and ceiling above, but excludes a basement
of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
where the floor area existing or as may be extended over open to below space having a ceiling height
means the vertical distance from grade to:
  1. the highest point of the roof surface of a flat roof
  2. to the deck line of a mansard roof;
  3. to the mean level between the eaves and the ridge of a gable, hip, gambrel, or other sloping roof; or
  4. in the case of a structure without a roof, to the highest point of the structure.
in excess of 1.5 metres, does not exceed fifty percent (50%) of the floor area of the storey
means the part of a building or structure between the top of any floor and ceiling above, but excludes a basement
next below

height

means the vertical distance from grade
means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that the localized depression such as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished ground
to:
  1. the highest point of the roof surface of a flat roof
  2. to the deck line of a mansard roof;
  3. to the mean level between the eaves and the ridge of a gable, hip, gambrel, or other sloping roof; or
  4. in the case of a structure without a roof, to the highest point of the structure.

highway

includes a street, road, lane
means a highway which provides secondary access to any abutting parcel.
, bridge, viaduct, any other way open to public use and a private right of way on private property

home based business

means an occupation, service, profession or craft which is clearly accessory
means customarily incidental and subordinate
to the use of a dwelling unit
means a self-contained set of habitable rooms in a building, including 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 by a resident of the dwelling unit
means a self-contained set of habitable rooms in a building, including not more than one (1) set of cooking facilities
, but does not include the repair of vehicles
lict 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 an enclosed structure used or intended for supporting or sheltering any use or occupancy
used as a temporary place of lodging containing one or more dormitories and includes common areas for washing, cooking, dining and socializing, bathroom, kitchen, dining and social facilities and which may also contain a secondary suite
means a dwelling unit which is accessory to the principal use being made of the parcel upon which the secondary suite is located

indoor recreation

means private, commercial or public leisure activities including swimming pool, racquet courts, weight rooms, spas and other similar activities

inn

means a resort hotel except that an inn
means a resort hotel except that an inn does not include areas used for an entertainment facility or restaurant
does not include areas used for an entertainment facility
means commercial use limited to premises licensed for the sale of alcoholic beverages on the premises
or restaurant

interior side yard

means a side 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, excluding eaves, fireplaces and chimneys not projecting more than 0.6 m (2 ft) and uncovered steps that do not exceed 1.5 m (5 ft)
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

kimberley alpine resort lands

means all that land shown on Schedule "A" attached hereto and forming part of this Bylaw

kimberley alpine village

means all that area shown on Schedule "A" attached hereto and forming part of this Bylaw

lane

means a highway
includes a street, road, lane, bridge, viaduct, any other way open to public use and a private right of way on private property
which provides secondary access to any abutting parcel.

lobby

means that portion of a resort hotel
means a building used exclusively for the temporary lodging of the general public, wherein payment for occupancy is on a daily or weekly basis to the operator of the premises which building must include:
  1. lobby
  2. restaurant
  3. conference use
  4. entertainment facility
  5. retail
and may include: indoor recreation and personal services
, 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
building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
which is primarily utilized as an entry area to the principal use
means the main purpose for which land, buildings or structures are ordinarily used
of the building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
and may include but is not limited to a reception area, entry foyer, administration offices related to the reception function, temporary storage area for guests belongings, and entry lounge

locked off lodge room

means an area that can be locked and separated from the remainder of the dwelling unit within which it is contained, and that:
  1. contains not more than two habitable rooms, and that shall contain a bathroom, and may contain a set of cooking facilities
  2. the maximum floor area does not exceed thirty-five percent (35%) of the dwelling units gross floor area
  3. is occupied or is used for tourist accommodation; and
  4. may have its own separate access to a common hallway

lodge

means a resort hotel
means a building used exclusively for the temporary lodging of the general public, wherein payment for occupancy is on a daily or weekly basis to the operator of the premises which building must include:
  1. lobby
  2. restaurant
  3. conference use
  4. entertainment facility
  5. retail
and may include: indoor recreation and personal services
except that a lodge does not include areas used for an entertainment facility
means commercial use limited to premises licensed for the sale of alcoholic beverages on the premises

mobile home

see definition of 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
in Zoning Bylaw 1850

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 self-contained set of habitable rooms in a building, including not more than one (1) set of cooking facilities
s and includes a rowhouse, townhouse
see definition of townhouse in Zoning Bylaw 1850
and apartment
see definition of apartment in Zoning Bylaw 1850

natural boundary

means the visible high watermark 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 characters distinct from that of the banks thereof in respect to vegetation, as well as in respect to the nature of soil itself

off-street loading space

means an area of land other than a highway
includes a street, road, lane, bridge, viaduct, any other way open to public use and a private right of way on private property
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 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, any other way open to public use and a private right of way on private property
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

outdoor storage yard

means an area outside an enclosed building
means an enclosed 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, any other way open to public use and a private right of way on private property

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

parking space

means the space for the parking of a vehicle but excludes aisle space

pedestrian mall

means privately owned land in the Village Core designed for public pedestrian access and shown hatched on Schedule C attached hereto and forming part of this Bylaw

pension

means a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
used for the temporary lodging by visitors that includes 4-12 sleeping units, common areas including a dining room intended for the use of guests and a secondary suite
means a dwelling unit which is accessory to the principal use being made of the parcel upon which the secondary suite is located

personal service

means a commercial use
includes office, retail, personal service, restaurants and establishments licensed for the sale of alcoholic beverages on the premises
catering to the needs of the general public including barbershop or beauty salon, dry cleaning, financial institution, photography studio, shoe repair and ticket and travel agency but excluding escort services and non registered massage parlours

principal building

means a building
means an enclosed 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 an enclosed 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 utility use

means a use, including building
means an enclosed 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 an enclosed 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
, excluding eaves, fireplaces and chimneys not projecting more than 0.6 m (2 ft) and uncovered steps that do not exceed 1.5 m (5 ft)

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, any other way open to public use and a private right of way on private property
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, any other way open to public use and a private right of way on private property
and, without limiting the generality of the foregoing, includes a trailer, travel trailer, tent trailer, coach, camper, motor home but not a mobile home
see definition of mobile home in Zoning Bylaw 1850

repair of vehicles

lict 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
see definition of family in Zoning Bylaw 1850

residential

means a fixed place of living, excluding any 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
, to which a person intends to return when absent

resort hotel

means a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
used exclusively for the temporary lodging of the general public, wherein payment for occupancy is on a daily or weekly basis to the operator of the premises which building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
must include:
  1. lobby
    means that portion of a resort hotel, or tourist accommodation building which is primarily utilized as an entry area to the principal use of the building and may include but is not limited to a reception area, entry foyer, administration offices related to the reception function, temporary storage area for guests belongings, and entry lounge
  2. restaurant
  3. conference use
    means a facility used for the holding of conferences, conventions, seminars, workshops or similar activities and includes accessory uses such as offices, facilities for preparing and serving of food and beverages and ancillary storage
  4. entertainment facility
    means commercial use limited to premises licensed for the sale of alcoholic beverages on the premises
  5. retail
and may include: indoor recreation
means private, commercial or public leisure activities including swimming pool, racquet courts, weight rooms, spas and other similar activities
and personal service
means a commercial use catering to the needs of the general public including barbershop or beauty salon, dry cleaning, financial institution, photography studio, shoe repair and ticket and travel agency but excluding escort services and non registered massage parlours
s

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 provides 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

secondary suite

means a dwelling unit
means a self-contained set of habitable rooms in a building, including not more than one (1) set of cooking facilities
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
being 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 the secondary suite
means a dwelling unit which is accessory to the principal use being made of the parcel upon which the secondary suite is located
is located

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, any other way open to public use and a private right of way on private property

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 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 an enclosed 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
, excluding eaves, fireplaces and chimneys not projecting more than 0.6 m (2 ft) and uncovered steps that do not exceed 1.5 m (5 ft)

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 self-contained set of habitable rooms in a building, including 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 building
means a building in which or in relation to which the permitted principal uses are concentrated
s and 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 is expressed as a percentage of the total 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

sleeping unit

means two (2) 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 accommodation and may include a bathroom and one (1) set of cooking facilities

storey

means the part of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
or structure between the top of any floor and ceiling above, but excludes a basement
means the space between two floor levels, with the lower level located more than 1.2 metres below grade

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

tourist accommodation

means a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
or portions of a building
means an enclosed 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 lodging by visitors where payment for occupancy is on a daily or weekly basis

tourist accommodation floor area

means the total floor area of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
used for temporary accommodation of paying guests measured to the outer limits of a building
means an enclosed structure used or intended for supporting or sheltering any use or occupancy
excluding areas used for commercial use
includes office, retail, personal service, restaurants and establishments licensed for the sale of alcoholic beverages on the premises
s

townhouse

see definition of townhouse
means a multiple family dwelling containing three (3) or more dwelling units which do not have shared exit facilities
in Zoning Bylaw 1850

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 self-contained set of habitable rooms in a building, including 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 area of a parcel, bare land strata lot or strata plan excluding:
  1. area covered by a natural body of water including swamp or surface water
  2. area where the natural slope exceeds thirty percent (30%) for lands zoned to permit townhouse
    see definition of townhouse in Zoning Bylaw 1850
    s, apartment
    see definition of apartment in Zoning Bylaw 1850
    s, pension
    means a building used for the temporary lodging by visitors that includes 4-12 sleeping units, common areas including a dining room intended for the use of guests and a secondary suite
    s and hostel
    means a building used as a temporary place of lodging containing one or more dormitories and includes common areas for washing, cooking, dining and socializing, bathroom, kitchen, dining and social facilities and which may also contain a secondary suite
    s; and forty percent (40%) for lands zoned to permit duplex and detached dwelling
    means a building designed or used as a dwelling unit or dwelling units
    s

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, any other way open to public use and a private right of way on private property
, except a device designed to be moved by human power or used exclusively on stationary rails or tracks

watercourse

means any natural or man-made depression with well defined banks and a bed 0.6 metres or more below the surrounding land serving to give direction to a current of water at least six months of the year or having a drainage area of two square kilometres upstream of the point of consideration

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 an enclosed 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 an enclosed 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