PlaceDossier / Zoning / Regional District of East Kootenay

Elk Valley Zoning Bylaw No. 829, 1990

The Regional District of East Kootenay's zoning bylaw, which applies in East Kootenay, Electoral Area A. Our summary of its 28 zones, read from the consolidation to 2026-04-10.

The zones side by side

ZoneHomes allowedSmallest lot for a subdivisionLot coverageHeight limit
RS-1
Single Residential (Urban)
One house or one duplex, plus a secondary suite1,670 m² without community water or sewer, 695 m² with one, 555 m² with both; a duplex needs 2,140, 1,170 or 700 m² (and each half of a split duplex 1,070, 585 or 350 m²)30%House 9 m, accessory buildings 5 m
RS-1A
Single Residential (Urban-A)
One house or one duplex, plus a secondary suite1,670 m² without community water or sewer, 695 m² with one, 555 m² with both; a duplex needs 2,140, 1,170 or 700 m² (and each half of a split duplex 1,070, 585 or 350 m²)30%House 9 m, accessory buildings 5 m
RS-4
Single Residential (Extensive)
One house or one duplex, plus a secondary suite; a dwelling for a relative needing care is possible0.4 ha20%10 m
RR-1
Rural Residential (Estate)
One house or one duplex, plus a secondary suite; a dwelling for a relative needing care is possible1 ha20%10 m
RR-2
Rural Residential (Small Holding)
One house or one duplex, plus a secondary suite; a dwelling for a relative needing care is possible2 ha10%House 10 m, accessory buildings 12 m
RR-4
Rural Residential (Hobby Farm)
One house or one duplex, plus a secondary suite, and a farm-hand dwelling; a dwelling for a relative needing care is possible4 ha10%House 10 m, accessory buildings 12 m
RR-8
Rural Residential (Country)
One house or one duplex, plus a secondary suite, and a farm-hand dwelling; a dwelling for a relative needing care is possible8 ha10%House 10 m, accessory buildings 12 m
RR-60
Rural Resource
One house or one duplex, plus a secondary suite, and a farm-hand dwelling; a dwelling for a relative needing care is possible60 ha10% (the consolidation reads "shall exceed 10%", almost certainly a slip for "shall not exceed"; unclear, so ask the RDEK)House 10 m, accessory buildings 12 m
RS-2
Recreation Residential
One house or cabin, plus a secondary suite; a second house, cabin or campground needs 1,858 m² of lot for eachNone set in the zone; each house, cabin or campground needs 1,858 m² of lotNot setNot set in the zone; cabins 5 m (s. 4.21)
RS-2A
Resort Residential
Where the Fernie Alpine Resort plan shows houses, one house plus a secondary suite; where it shows duplexes, one duplex; where it shows apartments, up to 60 units per hectare of usable site555 m² for a house and 700 m² for a duplex (each half of a split duplex 350 m²), all with community water and sewer; 1,670 m² for apartments30%House or duplex 9 m, apartments 16 m, accessory buildings 5 m
RS-2(B)
Resort Residential (Multi-Family)
One house plus a secondary suite or a guest house, or one duplex, or apartments up to 30 units per hectare of usable site; employee housing for the resort800 m² for a house or duplex (each half of a split duplex 400 m²), 1,000 m² for apartments; a garage suite or guest house needs 2,023 m²35%House or duplex 9 m, apartments, employee housing and the hall 16 m, guest house 7.5 m, other accessory buildings 5 m
RH-1
Mobile Home Park Residential
A mobile home park: up to 18 mobile homes per hectare of usable site, one per space; and at most one single family dwelling unless the RDEK's Mobile Home Park Bylaw No. 1 allows more (whether that cap counts the park's mobile homes, which the bylaw also calls single family dwellings, is unclear)2 ha for a new lot; each mobile home space 370 m² (700 m² for a dwelling that isn't a mobile home)Not set7.6 m
WP-1
Watershed Protection
One house, plus a secondary suite125 ha10%10 m
CG-4
Highway Commercial
One dwelling, accessory to a business on the lot (s. 4.18)1,670 m² without community water or sewer; 695 m² with either60%10 m
CG-6
Service Commercial
One dwelling, accessory to a business on the lot (s. 4.18)1,670 m² without community water or sewer; 695 m² with either60%10 m
CG-8
Resort Commercial
Apartments up to 60 units per hectare of usable site; employee accommodation and resort hostels up to 125 units per hectare, at most four beds a unit; one dwelling accessory to a hotel, motel, tourist court, campground, ski facility, amusement park or golf course1,670 m²60%16 m
CG-TP
Tourist Pension Commercial
One dwelling for the operator, inside the pension: 32.5 to 95 m², one kitchen, up to three bedrooms925 m² with community water and sewer, 2,500 m² with one of them, 4,000 m² with on-site water and sewage disposal; at least 20 m of frontage35%Pension 10 m, accessory buildings 6 m
MG-1
Light Industrial
One dwelling, accessory to a business on the lot0.2 ha50%12 m (the bylaw gives 34.9 ft beside it, which doesn't match 12 m; unclear, so ask the RDEK)
MG-1(A)
Resort Light Industrial
Employee accommodation for the resort, up to 20 units per hectare of usable site, on community water and sewer0.4 ha50%12 m
MG-2
Heavy Industrial
One dwelling, accessory to a business on the lot0.4 ha50%12 m (the bylaw gives 34.9 ft beside it, which doesn't match 12 m; unclear, so ask the RDEK)
MG-4
Airport Industrial
None: the zone lists no dwellingNone set in the zoneNot set12 m, and lower near the runway (s. 4.10)
PG-1
Community Institutional
One dwelling, accessory to an institution on the lot (s. 4.18)1,670 m²60%10 m
PG-2
Parks and Recreation
One dwelling, accessory to a park use (s. 4.18)None set in the zone60%8.5 m
PG-3
Utility and Public Works
None: the zone lists no dwellingNone set in the zone60%10 m
PG-4
Resort Open Space, Recreation and Trails
None; cabins for wildland use, at most one per 250 ha of PG-4 landNone set in the zoneNot set9 m
RES-2
Resort Recreation
None: the zone lists no dwellingNone set in the zoneNot set12 m, not counting ski lift towers
RES-4
Resort Core
Apartments up to 60 units per hectare of usable site; employee accommodation and cat-ski chalets up to 20 units per hectareNone set in the zone60% for hotels and motels; not set for other usesHotels and cat-skiing lodges 20 m (the bylaw's wording, "no more than one" over 20 m, is unclear), apartments 16 m, other buildings 9 m
REC-1
Recreation
No homes; one recreation lodge and up to six recreation cottages for short stays by owners in the development and their guests0.4 haNot setLodge 9 m, cottages and other buildings 5 m

"Not set" means the zone itself sets no figure; general rules elsewhere in the bylaw may still apply. Each zone's page has its uses, setbacks and the general rules that apply to it.

Where the bylaw is unclear

Points we couldn't settle from the bylaw's text. Ask before you rely on them.

  • CG-TP: Guest rooms by lot size: 5 on 925 m², 7 on 1,000 m², 8 on 1,050 m² or more (how lots between those sizes count is unclear). Each room is 9.5 to 28 m², with no cooking beyond a microwave and a coffee maker.

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 RDEK's planning department before you buy or build.

Source: Elk Valley Zoning Bylaw No. 829, 1990 (summarised in our words); zone map: Open Government Licence – Regional District of East Kootenay.