Okanagan-Similkameen (Regional District) v ... - Rdosmaps.bc.ca

2012 BCSC 63 Okanagan-Similkameen (Regional District) v. Leach
inhabitants of the principal dwelling may own the home occupation on the site occupied by the principal
dwelling unit.
[34] A “bed and breakfast”, which is defined as “an occupation conducted within a principal dwelling unit by
the residents of the dwelling unit”, is a permitted form of home occupation.
[35] A Tourist Commercial/Heritage Zone (CT4) has “hotels” as one of its permitted uses.
2006/2008 Zoning Bylaws
[36] Section 6.4 of the 2006/2008 Zoning Bylaws again provides a general prohibition against all uses not
listed in any respective zone:
In each zone created under Section 6.1 of this Bylaw:
1. The only uses permitted are those listed in respect of each zone under the heading “Permitted
Uses” in Section 10.0 to 15.0 of this Bylaw; and
2. uses not listed in respect of a particular zone are prohibited
[37] The permitted uses of lands in the RS1 Zone contained in s. 11.1.1 of the 2008 Zoning Bylaw are
identical to those contained in s. 11.1.1 of the 2006 Zoning Bylaw. The restrictions on home occupations (s.
7.17) and private visitor accommodations (s. 7.19) in the 2008 Zoning Bylaw are nearly identical to those in
the 2006 Zoning Bylaw. Similarly, the definitions of principal and secondary use (s. 4) are virtually identical in
both the 2008 Zoning Bylaw and the 2006 Zoning Bylaw.
[38] With respect to lands in the RS1 Zone, the 2006 and 2008 Zoning Bylaws list “single detached
dwelling” as the only permitted principal use. A single detached dwelling is defined as meaning “a detached
building consisting of one dwelling unit that does not exceed a width-to-length ratio of 1:4, and has a
minimum width of 5.0 metres”.
[39] A “dwelling unit” is defined as meaning “one or more habitable rooms constituting one self-contained
unit which has a separate entrance, and which contains washroom facilities, and which is designed to be
used for living and sleeping purposes”.
[40] The 2006/2008 Zoning Bylaws list the permitted secondary uses, including:
(c)
...
(f)
home occupations, subject to Section 7.17 (Section 7.11 in the 2006 Zoning Bylaw);
private visitor accommodation, subject to Section 7.19 (Section 7.13 in the 2006 Zoning
Bylaw).
[41] A “principal use” is defined as meaning “the main purpose for which the parcel, building or structure is
used”. Secondary Use is defined as meaning “a use that is permitted only in conjunction with a designated
principal use for each zone”.
[42] With respect to home occupations, s. 7.17(2) of the 2008 Zoning Bylaw (s. 7.11(2) of the 2006 Zoning
http://www.courts.gov.bc.ca/jdb-txt/SC/12/00/2012BCSC0063cor1.htm[03/29/2012 10:23:44 AM]