CD8: Comprehensive Development (795 Westminster Ave W)

What the zone allows

Homes allowed

Apartments, townhouses, homes, flex units and live-work units (live-work on the first two storeys only), up to 1.1 FAR

Main uses

Apartments, townhouses, homes, flex units, live-work units; on the first storey, offices, shops, restaurants, liquor primary premises, cannabis store, craft brewery or distillery, bakery, financial, health and personal services, artisan crafts, business support, indoor amusement, indoor animal day care, on-site beer and wine making, recreation equipment rentals, major day care; minor home occupation, short-term rental

Smallest lot for a subdivision

3,200 m², 90 m wide

Lot coverage

56%

Height limit

13 m (3 storeys per the zone's purpose)

Setbacks

Front 1.5 m, interior side 3 m, exterior side 1.5 m, rear 2.5 m

The site, though the zone is named for 795 alone: 713 and 737 Westminster Avenue West (Lots 1 and 2, DL 2, Plan 3979) and 795 Westminster Avenue West (Parcel A (KK20280), DL 2, Plan 3979) (s. 14.8.1).

Floor area ratio (FAR) is net floor area divided by lot area (s. 3.2); land given up for a road still counts in it and in coverage (s. 4.6.4).

Commercial uses on the first storey only (s. 14.8.5).

Amenity space: 10 m² per home, all of it allowed above grade (s. 14.8.4).

Parking (s. 14.8.6): at least 44 spaces for homes and live-work units, 4 for visitors and 3 for commercial uses.

Flex units (s. 8.4): a purpose-built part of a home that can be a second home, a small business space or part of the main home; up to 40% of the main home's net floor area and 150 m²; never titled or strata-lotted apart from it; stairs, balconies and projections making up no more than 25% of the front face may reach 2.5 m into the front or side-street yard.

Live-work units (s. 7.8): a home combined with one of the zone's commercial uses, run by someone who lives there; at ground level the business takes at least a third of the frontage; nothing stored that the fire or building code bars from a home.

Minor home occupations (s. 7.3): in the home, a suite, carriage house or accessory building; residents only; up to 25% of the home's floor area and 20 m²; one client visit and one commercial vehicle visit (8 am to 6 pm) a day; no outdoor storage or work; no vehicle repair, welding, cabinet making, manufacturing and similar uses.

Short-term rental is a permitted use. The bylaw counts any stay of 90 days or less as short-term (s. 3.2), and requires a City business licence; only the property's principal resident may rent it out; at most two guests per bedroom and eight in all; no alterations that change the home's residential look; on a lot with a house and a secondary suite or carriage house, only one of the homes may be rented this way (ss. 3.2, 7.6).

Accessory buildings go up only with or after the main building, stand behind its front face (those of 10 m² or less anywhere behind it), and can't be lived in except as a carriage house where allowed (ss. 4.2.1 to 4.2.4).

Fences and walls up to 1.2 m, or 1.8 m behind the front yard setback and in side and rear yards, or 2.4 m beside a controlled-access highway; nothing over 1.2 m in a corner visibility triangle; no barbed, electric or razor wire (ss. 4.3, 5.4.1). Retaining walls 1.2 m in required yards, 2.4 m elsewhere (s. 5.4.2).

Landscape buffers, for commercial uses and for housing of 5 or more homes: 3 m wide beside R4-L and R4-S lots and along highways other than lanes, with a visual screen at least 1.2 m high beside residential zones (Table 5.1); waste bins screened (s. 4.10).

Metal storage containers only during construction under a building permit (s. 4.8.4).

No development within 30 m of a watercourse, or the smaller distance a Qualified Environmental Professional sets under the Riparian Areas Protection Regulation and the official community plan's development permit areas (s. 4.14).

No building inside an existing or future collector or arterial road right-of-way shown in the official community plan; setbacks from those roads are measured from the future road line (s. 4.6).

Nothing, cranes included, may rise above the Horizontal Surface of the federal Penticton Airport Zoning Regulations without federal approval (s. 4.5).

Every zone also allows public parks, utility services, urban agriculture, cultural exhibits and a minor day care (up to 8 children) (s. 4.12).

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 Penticton's planning department before you buy or build.

Source: City of Penticton Zoning Bylaw No. 2024-22 (summarised in our words); zone map: Open Government Licence – City of Penticton.