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1. General Interpretation

Grammatical Reference Regulations

1.1.	Words that are capitalized in this Bylaw refer to:
	1.1.1. General Definitions in Part 8; 1.1.2. Use Definitions in Part 8; 1.1.3. titles of Zones, Direct Control Zones, Overlays, and Special Areas; and  1.1.4. headings and titles within this Bylaw.
1.2.	Words that are not capitalized should be given their plain and ordinary meaning as the context requires.
1.3.	When a word or expression is defined in this Bylaw, other parts of speech and grammatical forms of the same word or expression have corresponding meanings.
General Reference Regulations
1.4.	Zone is to be interpreted as the same as District and a Rezoning Amendment is to be interpreted as the same as a Redistricting Amendment.
1.5.	Direct Control Provision is to be interpreted as the same as Direct Control Zone.
1.6.	“Section” in this Bylaw means a reference to a contained set of regulations within a Part of this Bylaw.
1.7.	“Subsection” in this Bylaw means a reference to a specific regulation or set of regulations within a Section.
1.8.	A reference to:
	1.8.1. “commercial building” means a building containing 1 or more Commercial Uses and not containing any Residential Uses; 1.8.2. “commercial Zone” means a Zone where the Purpose is to primarily enable Commercial Uses; 1.8.3. “industrial building” means a building containing 1 or more Industrial Uses;  1.8.4. "industrial Zone” means a Zone where the Purpose is to primarily enable Industrial Uses; 1.8.5. “mixed use building” means a building containing a mix of 1 or more non-Residential Uses with 1 or more Residential Uses;  1.8.6. “mixed use Zone” means a Zone where the Purpose is to primarily enable a mix of non-Residential Uses and Residential Uses; 1.8.7. “non-residential building” means a building, other than a mixed use building, containing 1 or more non-Residential Uses; 1.8.8. “non-residential Zone” means a Zone other than a residential Zone; 1.8.9. “residential building” means a building containing 1 or more Residential Uses. A residential building includes a mixed-use building; 1.8.10. “residential Zone” means a Zone where the Purpose is to primarily enable Residential Uses; and 1.8.11. a Use that is “existing as of January 1, 2024” means that the Use is existing with a valid Development Permit as of January 1, 2024.
1.9.	A Residential Use may be arranged in any housing arrangement except as otherwise restricted by the definition of that housing arrangement or by a regulation in this Bylaw.
1.10.	Any development regulation that regulates a principal building and depends on the context of 1 or more Abutting properties or road rights-of-way must only be applied to the Development Permit application for the construction of a principal building and does not apply to future Development Permit applications on that Site unless such applications result in the construction of a new principal building or an expansion of the building envelope of an existing principal building.
1.11.	Despite any other regulation of this Bylaw or any other Bylaw passed by City Council to the contrary, headings and titles within this Bylaw are deemed to form a part of the text of this Bylaw.
Interpreting Conflicts
1.12.	In the case of any conflict between the text of this Bylaw and any maps, photos, diagrams, or drawings used to illustrate any aspect of this Bylaw (including Section 1.20, Zoning Map), the text takes precedence.
1.13.	In the case of any conflict between a number written in numerals and a number written in letters, the number written in numerals must govern.
1.14.	In the case of any conflict between information expressed in metric units and in imperial units, the metric must govern.
1.15.	Where a regulation references a City department that no longer exists, it must be interpreted as the department that is most appropriate.
Rounding Numbers
1.16	Unless specified elsewhere in this Bylaw, units must be rounded to the tenth decimal place. #
1.17.	Where a calculation to determine any of the following results in a number with a tenth decimal place of 0.5 or greater, the value must be rounded up to the next whole number:
	1.17.1 total number of trees or shrubs required in compliance with Section 5.60; 1.17.2 minimum or maximum number of parking spaces, number of deemed parking spaces for the purpose of determining barrier-free parking spaces, number of loading spaces, number of pick-up and drop off spaces, and number of bike parking spaces required in compliance with Section 5.80; and 1.17.3 total number of Dwellings or Sleeping Units required to achieve an incentive to increase the maximum Floor Area Ratio or Site Coverage specified in a Zone.
1.18.	Despite Subsection 1.17, where a calculation specified in Subsection 1.17 results in a number less than 1.0, the value must be rounded to 1.0.

 

2. Electronic Notices and Approving Forms and Fees

2.1.	Any application form, application fee or other form referenced in this Bylaw must be approved by the City Manager.
2.2.	Unless otherwise specified, a notice or acknowledgment issued under this Bylaw may be sent by electronic means.

 

3. Use Definitions Regulations

3.1.	Uses, as set out in Section 8.10, are grouped according to common functional or physical impact characteristics.
3.2.	Use definitions are used to define the range of Uses that are Permitted Uses or Discretionary Uses within the Zones of this Bylaw.
3.3.	When interpreting the Use definitions as set out in Section 8.10:
	3.3.1. the typical examples that may be listed in the definitions are not intended to be exclusive or restrictive; 3.3.2. where specific purposes or activities do not conform to any Use definition or generally conform to the wording of 2 or more Use definitions, the Development Planner may deem the purposes or activities to conform to a Use they consider to be the most appropriate. In this situation, despite any other Section of this Bylaw, the Use is always considered a Discretionary Use, whether or not the Use is listed as a Permitted Use or Discretionary Use within the applicable Zone; and 3.3.3. the headings such as “Residential Uses” or “Commercial Uses” do not mean that the Uses listed under these headings are allowed only in residential or commercial Zones of this Bylaw. The list of Uses within each Zone determines the types of activities allowed within each Zone.

 

4. Direct Control Zones and Existing Development Permits

4.1.	For the purpose of any Direct Control Zone passed on or before December 31, 2023:
	4.1.1. the definitions of the listed Uses in the Direct Control Zone must be interpreted in compliance with either Land Use Bylaw 5996 as it appeared on June 13, 2001, or Zoning Bylaw 12800 as it appeared on December 31, 2023, whichever is applicable; 4.1.2. where the Direct Control Zone references a specific Section or Subsection of a land use bylaw, that reference is interpreted to be to the specific Section or Subsection of the land use bylaw that was in effect on the date on which the Direct Control Zone was approved by Council; and 4.1.3. where the Direct Control Zone references a specific Zone or Overlay of a land use bylaw, that reference is interpreted to be to the specific Zone or Overlay of the land use bylaw that was in effect on December 31, 2023.
4.2.	For the purpose of any Direct Control Zone passed on or after January 1, 2024:
	4.2.1 where the Direct Control Zone references a specific Section or Subsection of a land use bylaw, that reference is interpreted to be to the specific Section or Subsection of the land use bylaw that was in effect on the date on which the Direct Control Zone was approved by Council; and 4.2.2. where the Direct Control Zone references a specific Zone or Overlay of a land use bylaw, that reference is interpreted to be to the specific Zone or Overlay of the land use bylaw that was in effect on the date of decision for the Development Permit application.
4.3.	Where there is a discrepancy between this Bylaw and any previous land use bylaw, the existing Direct Control Zone must not be interpreted to provide any additional rights than are otherwise contemplated in the Direct Control Zone.
4.4.	For the purpose of any Development Permit issued on or before December 31, 2023, the Use identified in the permit is interpreted to have the same Use definition as set out in the applicable previous land use bylaw on the date on which the Development Permit was issued.
4.5.	Daytime Child Care Services is deemed to be Child Care Services as defined in Zoning Bylaw 12800 on December 31, 2023, and must be developed in compliance with Section 80 of Zoning Bylaw 12800 as it appeared on December 31, 2023.
4.6.	For all Direct Control Zones created prior to August 24, 1998, that contain Single Detached Housing, Semi-detached Housing, Duplex Housing or Secondary Suite as a listed Use:
	4.6.1. the maximum number of Single Detached Housing Dwellings per Lot is 1; 4.6.2. the maximum number of Semi-detached Housing or Duplex Housing Dwellings per Site is 2; and 4.6.3. the maximum number of Secondary Suites per principal Dwelling is 1,
	unless specifically noted otherwise in the Direct Control Zone.