UC2: Capri-Landmark Urban Centre

What the zone allows

Homes allowed

Apartments, townhouses and stacked townhouses (townhouses only on Mixed Residential or Mixed streets), houses, semi-detached and duplex homes, with secondary suites of up to 90 m² in houses and townhouses (s. 14.9 notes .11, .15)

Main uses

Apartments, townhouses and stacked townhouses (only on streets the OCP classes as Mixed Residential or Mixed), houses, semi-detached and duplex homes with secondary suites in houses and townhouses; offices, shops, restaurants, pubs (liquor primary licence), hotels, health, personal and professional services, cultural and indoor recreation, religious assembly, education, exhibition and convention, animal clinics, child care, alcohol production, emergency services, temporary shelter, non-accessory parking, recycling drop-offs, spectator sports; a gaming facility with the 'gg' sub-zone; with the matching sub-zone a drive-through ('dt'), gas bar ('fg'), cannabis store ('rcs') or short-term rental without a resident operator ('str'); parks, home-based businesses, short-term rental by a resident, child care for up to 8

Smallest lot for a subdivision

1,200 m² (460 m² beside a lane), 40 m wide (13 m beside a lane), 30 m deep (s. 14.10)

Lot coverage

100% of the lot on High, Retail and Mixed streets; otherwise 85% for buildings and 90% with structures and hard surfaces

Height limit

By the Capri-Landmark building heights map (Map 14.14.b): PARK areas 2 storeys (0.5 FAR); 3-storey areas 12 m (1.5 FAR); 4-storey areas 18 m; 6-storey areas and 'gg' lots 22 m (2.05 FAR); 12-storey areas 3.3 FAR, with a bonus of up to 1.05 FAR and 5 more storeys; 18-storey areas 5.9 FAR, with up to 1.65 FAR and 7 more storeys; 26-storey areas follow the CD26 zone (s. 14.14)

Setbacks

Front and flanking 3 m (2 m for ground-oriented shops, and for ground-oriented homes whose first floor is at most 1.2 m above the curb and at least 11 m²; 0 m below 16 m where the ground floor stands 6 m from the curb, 4.5 m in UC5); sides 0 m (3 m on Conlin Court, Lowe Court and Bouvette Street, and next to land the OCP designates Core Area Neighbourhood, Suburban Residential, Suburban Multiple Unit or Education / Institutional); rear 0 m (6 m next to land the OCP designates Core Area Neighbourhood or Education / Institutional) (s. 14.11)

The floor area ratio for 4-storey areas: Section 14.14 gives UC2 a 4-storey height but no 4-storey density, so this is unclear; ask the City of Kelowna.

A development of 3 storeys or less with 6 homes or fewer follows the MF1 zone's development rules instead (s. 14.11 note .15).

Ground floors by street type (OCP Maps 4.2 to 4.10): on High and Retail Streets, commercial uses fill at least 75% of the ground-floor frontage; Mixed Streets allow any mix; on Mixed Residential Streets everything above the ground floor is residential. Parkades show no frontage on the main street and at most 25% on a side street (s. 14.11).

Shared and private outdoor space: 6 m² per studio, 10 m² per one-bedroom and 15 m² per larger home, at least 4 m² a home of it shared; 75 m² of the shared part indoors in a building of 25 homes or more (s. 14.11).

Homes smaller than 29 m² (micro suites) are allowed only in urban centres and the University South Village Centre (s. 9.8).

Floor area adjustments: +0.3 FAR with the 'r' rental-only sub-zone, +0.25 FAR when 80% of the parking is underground.

A gas bar must offer alternative fuel on the same lot (s. 14.9 note .12).

Drive-throughs need queuing room for three cars in and two out per lane (five in for car washes and food) (s. 9.4).

Home-based businesses (s. 9.2) are run by a resident who lives there more than 240 days a year, with no outdoor storage or work, no nuisance and no commercial vehicle over 5,500 kg. Minor: inside the home, residents only, one client at a time, up to 20 m² and 25% of the home. Major: in the home or one accessory building, one outside worker, two clients at a time, up to 50 m² and 25% of the home (no fixed cap, but at most half the home, in a ground-oriented home on a transit supportive corridor or in an urban or village centre); one parking space.

A major home-based business only in a ground-oriented home or a house (s. 14.9 note .10).

These minimum lot areas apply to lots connected to community sewer; without a sewer connection the minimum is 10,000 m² (s. 14.10 note .1).

Short-term rental (stays under 90 days, s. 5.3) is allowed as a minor use only: run by a principal resident who lives in the home more than 240 days a year (a suite or carriage house by a resident of the same lot); one booking per home at a time; up to three bedrooms of two adults each; on a lot with a house and a suite or carriage house, at most two homes and five bedrooms let this way (s. 9.10).

With the 'str' sub-zone, short-term rental without a resident operator (major) is a permitted use too; a lot with the 'r' rental-only sub-zone can't have it (s. 9.10).

Above the lesser of 16 m or four storeys, a building steps back 3 m from streets and neighbouring lots; buildings over 18 m or four storeys on a corner keep a 4.5 m triangle clear at the first storey; a continuous frontage is at most 100 m, with breaks past 37 m; accessory buildings stand at least 1.6 m from a residential zone (s. 14.11).

Buildings of 12 storeys or more (s. 9.11): a podium of 16 m at most, towers 30 m apart, floor plates above the sixth storey at most 750 m² for homes (850 m² hotels, 930 m² offices and shops), a 3 m stepback above the podium, no parking above 16 m.

Bonus density (s. 6.8): the extra floor area and height need one of: a housing agreement for affordable rental homes run by a non-profit at capped rents for households earning under 79% of Kelowna's median; an affordable-housing agreement with CMHC or BC Housing (MLI Select and similar); or a payment into the Affordable Housing Reserve Fund.

A cannabis store stands 500 m from another, 150 m from public elementary schools and from 21 listed parks (City Park, Waterfront Park and others), 500 m from public middle and secondary schools; one per lot; no drive-through (s. 9.9).

Accessory buildings may have one half bathroom of up to 3 m² (a full one only in a pool house) and no bedroom, and can't be a home (s. 6.9).

Fences up to 2.0 m, but 1.2 m within the front and flanking setbacks (3.0 m on the low side of a slope if no more than 2.0 m above the neighbour's ground); no barbed or razor wire; within 1.4 m of a building, not wood or vinyl (s. 7.5).

Parking (Table 8.3): minimums per main home depend on location. Outside the Core Area and away from frequent or medium transit, 1.25 spaces for a studio or one-bedroom home, 1.5 for two bedrooms and 2 for three or more; less in the Core Area and urban centres and near frequent transit; 0.14 visitor spaces per home from the seventh home; no residential minimum in a Transit Oriented Area (Maps 8.3.a to 8.3.d).

Every home given a parking space gets an energized outlet for Level 2 charging (75% fewer with the 'r' rental-only sub-zone; not needed for suites or carriage houses) (s. 8.2.17).

On a lot beside Highway 97 or Highway 33, buildings and structures stand 4.5 m from that lot line (s. 6.4).

Setbacks from streams and lakes are those of the official community plan's riparian management areas, measured from the top of bank (s. 6.5).

On a lot with three or more homes beside a watercourse or riparian area, the riparian management area (OCP Table 21.1) is dedicated to the City, plus 5 m where an OCP trail runs alongside.

Site-specific (s. 14.15, zone not named): extra commercial uses at 760 and 815 Vaughan Avenue, 810 Clement Avenue, 1171-1199 Gordon Drive and 907 Ethel Street (with apartments and child care); 15 storeys and 50 m at 3838 Capozzi Road; 18 storeys and 60 m at 3773-3795 Lakeshore Road; 2.35 FAR and 8 storeys at 155-179 Rutland Road North; a sales centre at 945 Guy Street; on Harvey Avenue (2061-2091) and Cooper Road (1840-1990) 1.5 FAR and 4 storeys, or 12 storeys and 37 m for apartments and hotels; no ground-floor commercial needed on Highway 33 at 135 Barber Road; religious assembly at 230-240 Lougheed Road; 300 m² of tasting room at 8999 Jim Bailey Road; a hotel at 860-1000 KLO Road; larger restaurants above the first storey at 675 and 683 Dease Road; boat storage at 9505 Haldane Road.

Sections 6 to 9 of the bylaw (general rules, landscaping and fences, parking, specific uses) also apply.

Site-specific exceptions listed in the bylaw by legal description can add or change uses for one property, and development permit areas, the ALR and building rules apply on top. Confirm with the City of Kelowna's planning department before you buy or build.

Source: City of Kelowna Zoning Bylaw No. 12375 (summarised in our words); zone map: Open Government Licence – City of Kelowna.