Sections 1-4 - Administrative Guidelines

1.1.1 This Bylaw shall be referred to as the “City of Kelowna Zoning Bylaw No. 12375”.

1.3.1 Except for legal non-conforming uses or developments approved by a Development Variance Permit or a Board of Variance order, or another agreement or permit as authorized by the Local Government Act; the use, buildings, and structures in each zone or area shall be in accordance with the uses (either principal use and secondary use) listed in the zone and all the applicable regulations and requirements of this Bylaw.

1.3.2 No land, building, or structure, within the City of Kelowna shall be developed, used, constructed, erected, modified, converted, enlarged, re-constructed, altered, placed, maintained, or subdivided except in conformity with the provisions of this Bylaw.

1.3.3 This Bylaw does not apply in the following situations:

1. alterations, maintenance and repair to any building or structure, provided that such work does not involve structural alterations; and does not change the use or intensity of use of the building or structure;
2. the construction of a single storey accessory building or structure with a maximum gross floor area of 10 square metres;
3. the use of a building, or part thereof, as a temporary polling station, election official’s headquarters, candidate's campaign office, and any other temporary use in connection with a federal, provincial, or municipal election, referendum, or census;
4. the use of a building, or part thereof, as a constituency office for a federal Member of Parliament or a provincial Member of the Legislative Assembly when located in a commercial, industrial or institutional zone. Any signage for the constituency office must meet the requirements of the Sign Bylaw No. 11530 for the existing zoning of the property;
5. a temporary structure which is incidental to the erection, maintenance, alteration, or sales of a building, structure, or utility for which a building or development permit has been issued provided that they are removed within 30 days of project completion or one year following the issuance of a building permit, whichever is earliest;
6. the use of non-residential or non-agricultural zones for activities such as amusement carnivals, religious gatherings, and music festivals for less than 7 days provided a valid licence has been issued under the City of Kelowna Business Licence & Regulation Bylaw No. 7878 and an Outdoor Event Permit issued pursuant to Outdoor Events Bylaw No. 8358;
7. railways, pipelines, irrigation ditches, conduits, flumes, and pump houses;
8. utility services underground or within statutory rights-of-way and utility poles and anchors; and
9. those lands within the boundaries of the Duck Lake Indian Reserve No. 7 and Indian Reserve No. 8.

1.5.1 The City of Kelowna Zoning Bylaw, 1998, No. 8000, including all amendments is hereby repealed.

1.7.1  Where a lot is reduced in size as a result of a taking for public use by the City, Provincial or Federal Government, an Improvement or Irrigation District, the Board of Education, or a Public Utility by dedication, expropriation, or purchase, the buildings and structures thereon are deemed to conform with the provisions of this Bylaw. For the purpose of further developments, the lot shall be considered to exist as it did prior to the taking but only if the taking is for road dedication, providing such taking:

1. does not exceed 20% of the original lot area;
2. does not reduce a minimum front, flanking, side, or rear yard below 2.0 metres unless this Bylaw does not require such yard; or
3. otherwise approved by a Development Variance Permit or Board of Variance order.

3.1.1 The Director of Planning & Development Services, Building Official, and Bylaw Enforcement Officers are authorized to enforce the provisions of this Bylaw.

3.3.1 No person shall contravene, cause, suffer, or permit a contravention of this Bylaw.

3.3.2  No person shall commence or undertake a use which is not permitted by this Bylaw.

3.3.3 No person shall construct, make an addition to, or alter a building or structure, which is not permitted by this Bylaw.

3.3.4 No person shall contravene a condition of a permit issued under this Bylaw.

3.3.5 No person shall modify any description, specifications, or plans that were the basis for the issuance of any permit by the Director of Planning & Development Services or a Building Official.

3.3.6 No person shall authorize or do any development that is at variance with the description, specifications, or plans that were the basis for the issuance of a building permit.

3.3.7 No owner, lessee, tenant, or person shall:

1. park or store a commercial vehicle or a recreational vehicle in excess of 5,500 kilograms. licensed gross vehicle weight on a lot in a residential zone;
2. permit a motor vehicle in a state of disrepair or derelict for more than 30 days on a lot in a residential zone;
3. park or store more than two commercial vehicles on a lot in a single & two dwelling zone.
4. park or store more than two recreational vehicles outdoors on a lot in a rural residential zone, single & two dwelling zone, or in an agricultural zone;
5. place or install a flammable / combustible liquid storage container exceeding 205 litres on a lot in a residential zone;
6. fail to deflect lighting away from adjacent property as required by Section 6;
7. conduct a use in a zone where the use is not listed as a principal or secondary use in the zone;
8. permit occupancy of and / or to occupy a secondary dwelling unit which is not a permitted principal or secondary use in the zone; and
9. place or store construction materials on a lot in a residential zone without an active building permit on the lot unless the construction material is limited in scale and is used for personal use.