CD9: Comprehensive Development (1704 Government Street)

What the zone allows

Homes allowed

Apartments, homes, flex units, live-work units, congregate housing, extended care and resort residential, up to 3.4 FAR (6.4 with affordable housing)

Main uses

High-density mixed use: apartments, homes, flex units, live-work units, congregate housing, extended care, resort residential, tourist accommodation, hospital and patient care, general industry (indoors or screened, up to 8,175 m²), shops, grocery and convenience stores, restaurants, liquor primary premises, cannabis store, craft brewery or distillery, bakery, offices, financial, health and personal services, high-tech and business support services, artisan crafts, assembly, commercial school, indoor amusement, recreation equipment rentals, animal clinic and day care, household repair, outdoor market, public park, day cares; minor home occupation, short-term rental

Smallest lot for a subdivision

2,200 m², 25 m wide

Lot coverage

65%

Height limit

By sub-area (Figure 17): A and B 29 m (8 storeys), C 43 m (12 storeys), D 24 m (6 storeys)

Setbacks

Front 3 m and exterior side 1.5 m (0 m where a commercial use faces an interior street); interior side 1.5 m; rear 4 m (6 m next to an industrial zone)

The site: Lot A, DL 3429S, Plan 23195 except Plan 37288 (s. 14.9.1).

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).

Density can rise from 3.4 to 6.4 FAR if at least 25% of the homes gained are affordable by CMHC's definition, under a housing agreement registered on title before the building permit (s. 14.9.8).

Sub-area A (Figure 17): up to 29 m and 8 storeys (s. 14.9.3).

Sub-area B (Figure 17): up to 29 m and 8 storeys (s. 14.9.3).

Sub-area C (Figure 17): up to 43 m and 12 storeys (s. 14.9.3).

Sub-area D (Figure 17): up to 24 m and 6 storeys (s. 14.9.3).

Anything above 413 m above sea level needs Interior Health's and the City's approval, for the Penticton Regional Hospital helipad approach (s. 14.9.5).

At least 2,046 m² of public park; tourist accommodation up to 53,220 m²; resort residential at most 49% of residential floor area (s. 14.9.5).

Commercial floor area (tourist accommodation aside) by phase: 7,776 m² in phase 1, 1,157 m² in phase 4, 705 m² in phase 6, 1,400 m² in phase 7, none in phases 2, 3 and 5 (Table 14.3).

Parking (Table 14.5): strata homes 0.5 spaces per studio, 1 per one- or two-bedroom and 1.25 per three-bedroom; rental homes 0.5 per studio or one-bedroom and 1 per larger home; none for flex units; visitors 0.1 per home; cash in lieu allowed; 0.75 secure bike spaces per home and a bike repair room in each residential building (s. 14.9.7).

Amenity space: 5 m² per home (s. 14.9.4).

Balconies may reach 2 m and stairs and patios 3 m into the front yard (Table 14.4).

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.