Zoning Bylaw No. 12375
Section 7 - Site Layout
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7.1.1 The intent of these landscaping and screening regulations is to contribute to a reasonable standard of livability, aesthetic, and placement of the landscaping, to provide for the masking and separating of various land uses.
7.2.1 All required landscape areas and installations including irrigation requirements shall meet or exceed the Canadian Landscape Standard (CLS) as jointly published by the Canadian Society of Landscape Architects and the Canadian Nursery Landscape Association.
7.2.2 All required landscape areas and installations shall be regularly maintained by property owners to meet or exceed the Canadian Landscape Standard.
- the landscape maintenance requirements shall address/provide for the following items regarding plant material: watering, mulching, pruning, fertilizing, liming and tree support as well as weed, pest, and disease control.
- the landscape maintenance requirements shall address/provide for the following items regarding lawns and grass areas: watering, fertilizing, liming, mowing, trimming, edging, aeration and repairs (regrading, reseeding or resodding) as well as weed, insect, and disease control.
- the execution of the above-mentioned landscape maintenance requirements shall take place on a regular basis as to ensure a healthy, neat, and orderly appearance throughout the year.
7.2.3 Landscaping within the landscape areas shall follow the regulations within Table 7.2 to provide for the masking or separating of various land uses. See Section 8.2.2 for parking restrictions within the landscape areas.
7.2.4 All required setback areas shall be landscaped with various tree species in accordance with Table 7.2 to provide for the masking or separating of various land uses. The minimum number of trees is identified within Table 7.2. In addition to Table 7.2 and to provide appropriate masking and separating of various land uses, the following must also be adhered to:
- properties adjacent to ALR land must meet landscaping standards as outlined in the Farm Protection DP Guidelines as outlined in the City of Kelowna’s Official Community Plan.
- properties zoned A1 and A2 must meet landscaping standards as outlined in the Farm Protection DP Guidelines as outlined in the City of Kelowna’s Official Community Plan.
Table 7.2 Tree & Landscaping Planting Requirements cm = centimetres / m = metres / m2 = square metres | |||||
Criteria | Any MF1, RU1, RU2, or RU3 zone for which the lot contains 3 or more dwelling units. | MF2 zone, MF3 zones, Core Area Zone, Village Centre Zone, Health District Zones, and Institutional Zones | Urban Centre Zones, Commercial Zones, Industrial Zones, & Comprehensive Development Zones | ||
Minimum Number of Trees within Landscape Areas .2 | 1 tree per 10 linear metres of landscape area .2 , .7 , .10 , .11 | 1 tree per 10 linear metres of landscape area .2 | 1 tree per 10 linear metres of landscape area .2 , .6 | ||
Minimum Growing Medium Area .4 | 75% soil-based landscaping groundcover in landscape areas .9 , .11 See Visual Example Figure 7.2.1 | 75% soil-based landscaping groundcover in landscape areas .9 See Visual Example Figure 7.2.1 | 75% soil-based landscaping groundcover in landscape areas .6 , .9 | ||
Minimum Landscaping for any surface parking lot over 15 vehicles .5 | (a) Notwithstanding Section 7.2.3, if a parking lot over 15 vehicles abuts a street, that interface must have at least a minimum 1.5 metres landscape area (the setback landscaping area might be larger). See Figure 7.2.10; | ||||
Minimum / Maximum Tree Spacing | Minimum tree spacing is based on site requirements for sightlines or accessibility along with standard planting practices for the tree species. Trees may be planted closer together as needed and additional trees are highly encouraged. Spacing is not dictated by requirements for the number of trees required in the Landscape Area. | ||||
Minimum Setback from buildings, raised patios, and balconies to on-site trees | Large: 3 m radius from centre of tree up to the second storey of the building Any underground parkade, underground building, underground structure (such as a stormwater detention tank) must be setback at least 1 metre volumetrically measured from the centre of the tree at finished grade (trunk flare). | ||||
Minimum Deciduous Tree Planting Stock Caliper .1 | Large: 5 cm | ||||
Minimum Coniferous Tree Planting Stock Height | 250 cm | ||||
Minimum Ratio between Tree size .3 | Large: Min 50% | ||||
Minimum Growing Medium Volumes per Tree .4 , .8 | Single Tree | Pair | Shared | ||
Large Tree | 30 m3 | 20 m3 | 15 m3 | ||
Medium Tree | 20 m3 | 15 m3 | 12 m3 | ||
Small Tree | 15 m3 | 12m3 | 10 m3 | ||
FOOTNOTES (Section 7.2): |
Figure 7.2.1 - Visual Example of Soil-Based Landscaping |
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7.2.5 Notwithstanding any other provisions in this Bylaw, wherever Environmentally Sensitive Areas (as defined in the OCP) or Natural Hazard Areas (as defined in the OCP) are located, then the land and vegetation shall remain undisturbed or be restored (as described in the OCP). Riparian Management Areas (as defined by the OCP) must remain in its natural condition or be restored in a manner that either enhances conditions for fish and wildlife or maintains conditions equivalent to those that would have existed had no development occurred.
7.2.6 All construction on-site must occur concurrently with erosion control and protection measures to prevent the pollution, degradation, or siltation of natural areas, including vegetation and water courses. This includes the provision of temporary fencing prior to and during construction.
7.2.7 All landscape areas will be graded to meet the following criteria:
- maximum 1:3 slope (33%) for lawn areas;
- maximum 1:2 slope (50%) for shrub or ground cover area;
- minimum 1:50 slope (2%) for cross slope for any landscape area;
- all areas in which the existing slope exceeds 30% are to be identified;
- all areas developed and adjacent lands impacted by development with slopes greater than 30% shall be rehabilitated using indigenous vegetation common to the site.
7.2.8 All landscape areas shall be watered by a fully automatic irrigation system. No run-off onto sidewalks, streets, or parking areas shall be permitted. The following areas are exempt from having permanent fully automatic irrigation systems:
- existing areas of undisturbed native vegetation which have been accepted as landscape area or Riparian Management Area;
- landscape areas specifically designed as xeriscape or drought resistant natural species plantings; however, temporary irrigation may be required;
7.2.9 Where the retention of trees and ground cover is required or permitted, a letter from a qualified professional, such as a certified arborist or Landscape Architect, shall be submitted, indicating the mitigation measures required during and after the construction to ensure the health of the vegetation.
7.2.10 [Deleted]
Private Collection
7.3.1 All refuse and recycling bins (including all other large receptacles used for the temporary storage of materials) that are placed wholly above natural grade (in zones other than agricultural zones) shall:
- require opaque screening from adjacent lots and streets.
- all screening shall be a minimum of 1.3 metres in height to a maximum height that is equivalent to the height of the refuse or recycling bin.
- all sides open to public view shall be screened by the additional planting of shrub and groundcover material at least 1.5 metres in height.
- all refuse or recycling bins shall be setback a minimum of 3.0 metres from any lot line abutting a rural residential, single & two dwelling, or multi-dwelling zone.
- an unobstructed access lane with a minimum width of 3.0 metres and a minimum vertical clearance of 4.6 m shall be provided to provide access to a required garbage and recycling room or enclosure.
7.3.2 All refuse and recycling bins that are placed in-ground must be set back 0.5 metres from a front lot line or side lot line.
Public Collection
7.3.3 All garbage and recycling containers must be stored within a building, enclosure, or a garage. The space allocated per bin must meet the dimensions shown in Table 7.3.3 Minimum Refuse and Recycling Bin Space.
Table 7.3.3 Minimum Refuse and Recycling Bins Space | ||||
Container Size: | Min. Cart Length (m) | Min. Cart Width (m) | Min. Cart Height (m) | Min. Cart Aisle Width .1 |
120 litre Cart | 0.6 m | 0.5 m | 1.8 m | 0.6 m |
240 litre Cart | 0.7 m | 0.6 m | 1.9 m | 0.7 m |
360 litre Cart | 0.9 m | 0.7 m | 2.0 m | 0.8 m |
FOOTNOTES (Table 7.3.3): |
7.4.1 Urban plazas are a screening or masking site design element required to separate adjacent uses when large building frontages are proposed.
7.4.2 The minimum plaza street frontage is 7.5 metres.
7.4.3 The minimum plaza depth is 6.0 metres. Urban plazas must have a minimum of one tree, with a minimum 90 millimetre caliper and rootball of 900 millimetres.
7.5.1 Screening fences shall be consistent with the quality of building design and materials of the principal building.
7.5.2 Screening fences shall be opaque double-sided construction. Where screen fences are allowed or required by this Bylaw, they shall be of an opaque or a combination of opaque and lattice design.
7.5.3 The maximum height for fences constructed from natural grade shall be:
- 2.0 metres in rural residential zoned properties except; where abutting an agricultural, industrial, or commercial zone, then the maximum height shall be 2.4 metres.
- 2.4 metres in commercial or industrial zoned properties.
- 2.0 metres in single & two dwelling, multi-dwelling, village centre, or urban centre zoned lots except; that it shall not exceed 1.2 metres in height within the minimum front yard or flanking yard setbacks.
7.5.4 No fence in a commercial, public and institutional or industrial zone shall exceed 2.4 metres in height.
7.5.5 Lots in industrial zones are to have an opaque 2.4 metres high fence around all storage yards, along all lot lines abutting non-industrial zones and around wrecking yards that are visible from a street abutting the lot.
7.5.6 No metal fence shall constructed or erected that have the ends of fence pickets or finials to extend above a horizontal rail.
Figure 7.5.6 - Fencing Types |
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7.5.7 No barbed wire fencing shall be constructed or erected in any rural residential, single & two dwelling, multi-dwelling, or core area & other zone, except in the P1 zone where the site is used for detention and correction services.
7.5.8 No razor wire fences shall be constructed or erected in any zone except were associated with penitentiaries, jails, or places of incarceration.
7.5.9 No fencing shall be constructed or erected at or below the high-water mark (geodetic elevation of 343 metres) of Okanagan Lake.
7.5.10 Retaining walls on all lots, except those required as a condition of subdivision approval, must not exceed a height of 1.2 metres measured from natural grade on the lower side, and must be constructed so that any retaining walls are spaced to provide a 1.2 metres horizontal separation between tiers. The maximum number of tiers that may be constructed without a professional design by a qualified professional engineer is two. The maximum total height of any retaining wall system that may be constructed without a professional design by a qualified professional engineer is 2.4 metres.
- a retaining wall may be higher than 1.2 metres, measured from finished grade, where the natural grade of the subject lot is lower than the abutting property.
- the combined height of a fence on top of a retaining wall at the lot line or within 1.2 metres of the lot line shall not exceed 2.0 metres, measured from natural grade at the abutting higher property.
- where an affected property remains at natural grade and the subject property constructs a retaining wall and a fence within 1.2 metres of the lot line, the maximum height for a fence on the affected property shall be no greater than 1.8 metres above the height of the retaining wall or 3.0 metres, whichever is less.
7.5.11 In the case of a retaining wall, the maximum height of a fence, or portion of retaining wall extending above the natural grade of the abutting higher property, or combination thereof, shall be 2.0 metres, measured from the natural grade of the abutting higher property.