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    A DILEMMA TOCONTAIN

    SHIPPING CONTAINERS IN KITIMAT

    D I S T R I C T O F K I T I M A T

    C O M M U N I T Y P L A N N I N G & D E V E L O P M E N T

    S E P T E M B E R 2 0 1 1

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    TABLE OF CONTENTS ....i

    ACKNOWLEDGEMENTS......i

    INTRODUCTION: ADAPTING TO CHANGING NEEDS....................................................................... 1

    1.0 INTERMODAL STEEL BUILDING UNITS & CONTAINER HOMES ......................................... 2

    1.1 HISTORY ................................................................................................................................... 21.2 CURRENT USE IN KITIMAT.......................................................................................................... 31.3 CONTAINER SOURCES ............................................................................................................... 5

    2.0 COMPARATIVE STUDY ............................................................................................................ 6

    2.1 OTHER COMMUNITIES............................................................................................................... 62.2 CONTAINER USE ........................................................................................................................ 82.3 PERMIT ISSUANCE...................................................................................................................... 92.4 WILLIAMS LAKE.......................................................................................................................... 9

    3.0 KITIMAT: REGULATORY CONTEXT ...................................................................................... 11

    4.0 KITIMAT: RECOMMENDATIONS?.......................................................................................... 11

    5.0 REFERENCES.......................................................................................................................... 12

    6.0 APPENDIX

    APPENDIX A:PHOTOS......................................................................................................................... 14APPENDIX B:CONTAINER SOURCES..................................................................................................... 16APPENDIX C:CITY OF WILLIAMS LAKE.................................................................................................. 18APPENDIX D:2002 MEMO TO MAYOR AND COUNCIL & BYLAW ................................................................ 21

    i

    ACKNOWLEDGEMENTS

    Primary research was conducted by Ms Robin Chang BPl., principal authorof this report. Editing was completed by John Chapman and GwendolynSewell, CIP RPP.

    Kitimat Planning staff wish to specifically thank Brad McRae, Senior BylawOfficer, Williams Lake and Kitimats Advisory Planning Commission forassistance and advice received during this project.

    For more information please contact:

    Community Planning & DevelopmentDistrict of Kitimat.

    270 City Centre, Kitimat BC Canada V8C 2H7

    [email protected]

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    INTRODUCTION: ADAPTING TO CHANGING NEEDS

    Accessory buildings are necessary for Kitimat residents who wish to protect personal items

    stored outdoors and exposed to the elements. The District of Kitimat has been exploring

    regulatory mechanisms to control the impact of temporary structures in residential areas since

    October 2002. The challenge of resolving conflicts between the visually negative impacts and

    the effectiveness of shipping containers for ancillary uses on residential lots is worthy of

    discussion for District of Kitimat Staff and relevant advisory bodies. Details requiring regulation

    include permanency, permit issuance, siting, and accompanying signage guidelines. The

    purpose of this report is two-fold: first, to introduce and explore the current status of shipping

    containers as accessory structures in Kitimat, and second, to discuss a comparative study of

    how other communities are responding to the use of shipping containers as accessory

    buildings. It is hoped that from this overview of shipping containers in Kitimat,

    recommendations can be drawn to inform bylaw drafting and amendment processes, subject

    to recommendation from the Advisory Planning Commission (APC), public comment, and

    approval by the Kitimat Council.

    ** For the sake of consistency, this report will use shipping container to refer to the topic ofdiscussion. This is not intended to direct any terminology decisions for the drafting and approval of

    potential regulations.

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    1.0 INTERMODAL STEEL BUILDING UNITS & CONTAINERHOMES

    1.1 HISTORY

    Formally called Inter-modal Steel BuildingUnits, shipping were invented and patented in

    1956 by Malcolm McLean (ISBU Association.

    2011). McLean developed a mobile metal

    container that helped standardize and

    improve the efficiency of transferring cargo

    between trucks, ships, and warehouses.

    These containers are theft resistant,

    stackable, and easy to load and unload for

    storage. These features allow containers to

    be used in creative and innovative ways, and

    have necessitated the development of

    regulations and bylaws in several

    municipalities in British Columbia. (ISBU

    Association. 2011). In the 1970s, the US

    military and the International Organization for Standardization (ISO) created globally

    standardized shipping container dimensions, which encouraged the use of containers in

    global trade and hence their accessibility for reuse (ISBU Association. 2011). According to

    the Inter-modal Steel Building Association (a voluntary international organization), shipping

    containers have become very popular for home, storage, and prefab purposes, and for

    business construction (ISBU Association. 2011).

    Standardized shipping containers are referred to as TEUs, or twenty foot equivalent units

    (The Shipping Container Housing Guide. 2011). While the height and the length of shipping

    containers vary, the width of 1 TEU is typically 8 feet (2.44 m). The height of a shipping

    container may vary from 4 3.5 (1.22 m) to 9 (2.74 m); and length may vary from 18 (5.49

    m) to 40 (12.19 m). The technical term, TEU, is not used in regulating land use, but is a

    common unit of measurement in transportation and shipping contexts.

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    Figure 1. Malcom McLeanPhoto Credit: http://www.moveoneinc.com/blog/logistics/enthe-history-shipping-container/. 11 August, 2011

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    1.2 CURRENT USE IN KITIMAT

    The versatility of the shipping container is as apparent in Kitimat as it is on docks around the

    world. While Kitimat residents may not yet be reusing shipping containers as homes or as

    market vendor stalls, the number of containers located on private lots is increasing.

    The visibility of shipping containers in Kitimat, and increasing numbers of inquiries from

    residents, demonstrate that there is interest in using shipping containers as accessory

    storage structures and mobile workshops. There are benefits to using shipping containers as

    accessory structures. According to the Shipping Container Housing Guide, adaptive reuse of

    shipping containers will divert them from the waste stream. Shipping containers are routinelydisposed of after only a few ocean crossings (The Shipping Container Housing Guide. 2011).

    Readily available in port locations, shipping containers are affordable, built to withstand harsh

    weather, and provide easy alternatives to more expensive structures (The Shipping

    Container Housing Guide. 2011).

    A recent inventory of Kitimat properties currently using shipping containers is provided below:

    Residential:

    859 Columbia

    3 Dunn

    4 Cranberry

    24 Blueberry

    Industrial:

    2200 Forest Avenue

    717 Commercial Western Industrial

    611 Commercial Emporium Builders Supplies

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    710 Enterprise Versatile Sandblasting

    724 Enterprise T.L. & T. Electronic

    256 3rd Zanron

    245 3rd 101 Industries

    236 Enterprise Anchor Tire Sales

    222 Enterprise Wayne Watson Construction

    317 Enterprise Viking Construction

    Please see Appendix A for photographs of selected properties.

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    1.3 CONTAINER SOURCES

    Through phone interviews and online research, one company in Kitimat was found to be

    offering shipping containers. Other suppliers of shipping containers are located in Prince

    Rupert, Terrace, Smithers, Prince George, and the Lower Mainland. Most companies

    located in the Lower Mainland are head offices with satellite yards in nearby communities. A

    sample directory of shipping container sources is provided in Appendix B of this report. The

    local Kitimat company, D & J Container Services, provides shipping containers to residents,

    however, but struggles to keep pace with local demand. Other satellite yards in Terrace,

    Smithers and Prince George maintain a supply of shipping containers for companies based in

    in the Lower Mainland, the Okanagan and the Interior of British Columbia. Kitimat residents

    must individually arrange, or pay for delivery and off-loading of the shipping containers from

    all locations. Some companies will provide delivery services from farther locations such as

    those in the Lower Mainland or Okanagan. The dispersion of where shipping containers can

    be sourced is illustrated below.

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    2.0 COMPARATIVE STUDY

    2.1 OTHER COMMUNITIES

    In the comparative background research, we profiled ten municipalities from across Canada

    and the United States. The communities were chosen to represent a range of varied

    approaches to regulations on location, duration, signage, and permitting. This was done to

    explore how communities representative of a current Kitimat and a potential Kitimat have

    chosen to regulate shipping containers.

    Terrace was not included in the comparative assessment as they currently do not have

    regulations addressing shipping containers. The communities included in the comparative

    assessment are listed below:

    A table provided to facilitate discussion by the Advisory Planning Commission is available onspecial request. This table summarizes regulations used in the following set of samplecommunities.

    1. Prince Rupert, BC

    2. Williams Lake, BC

    3. Penticton, BC

    4. Kent Agassiz, BC5. Dalmeny, Saskatchewan

    6. Milton, Ontario

    7. Springfield, Missouri

    8. Tukwila, Washington

    9. Portland, Oregon

    10. Lawndale, California

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    Figure 3. Breakdown of Container Permitting Zones in Sample Communities

    Above is a depiction of land use zones in the sample communities where shipping containers

    may be located temporarily or permanently. The zones represented are industrial,

    commercial, residential, and agricultural/park. Commercial and industrial uses are the most

    common, while residential uses are allowed in just over half of the communities sampled.

    Only one-third of Canadian communities examined regulate shipping containers in residential

    areas, while all the American communities sampled do so. This may be attributable to the

    fact that shipping containers were first popularized in the United States. Shipping containers

    are also widely used for disaster management and response. Recent natural disasters in the

    United States have highlighted the need for cost-effective and efficient housing, inspiring

    people to reuse and adapt shipping containers for emergency shelter. This is perhaps

    another explanation for the comparatively advanced regulations existing in the American

    communities selected for this study.

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    2.2 CONTAINER USE

    Most of the sample communities regulate shipping containers for storage use. Nine out of

    ten communities permit shipping containers for storage (Prince Rupert is the exception). Thesecond most common regulated use for containers is for moving purposes; six of ten local

    governments include moving as a permitted use of shipping containers. It is of interest to

    note that all local governments who permitted shipping containers in residential areas for

    moving purposes also permitted container structures for storage. Only one of the ten

    assessed communities allows shipping containers to be used for habitation.

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    Figure 4. Breakdown of Container Use in Sample Communities

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    2.3 PERMIT ISSUANCE

    Most of the assessed communities require

    permits for shipping container use. Six often communities require a building permit,

    a construction permit, or special

    permission for keeping a metal container

    and specify residential zones as an area

    permitting shipping containers. Some

    communities, such as Williams Lake, have

    waived permit fees. A shipping container

    permit provides a means to track the

    duration on individual lots, and use of the

    shipping container for bylaw enforcement.

    Another strategy is to require a permit for

    an existing condition such as construction

    activity. In both cases, it is evident that permit issuance is positive for the enforcement

    responsibilities of local government. Issuing permits is recommended.

    2.4 WILLIAMS LAKE

    Williams Lake, in the Caribou region of central interior British Columbia, was selected as a

    case study municipality in this report. The City of Williams Lake recently implemented

    shipping container regulations. Senior Bylaw Officer Brad McRae provided an up-to-date

    account of this process. As reported during a phone interview with Mr. McRae on July 5th,

    2011, the process for implementing shipping container regulations in the City of Williams

    Lake began in January 2011 when new residents inquired about regulations for a 35 (10.67

    m) shipping container that they wanted to store on their lot. The novelty of this inquiry, as

    well as an increasing number of complaints regarding the aesthetic impacts of existing

    shipping containers in residential areas, impelled city staff to investigate the situation.

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    Figure 5. Breakdown of Permit Issuance inSam le Communities

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    Background information was collected and it was found that there was approximately one

    container for every five blocks in Williams Lake. It was also noted that shipping containers

    were more prevalent on lots in areas of town associated with lower socio-economic

    circumstances. Commercial establishments such as the A & W restaurant were also found to

    be using shipping containers. Two public meetings were organized to gather public input.

    The public consultation sessions occurred May 12 & 19, 2011 to discuss shipping container

    regulations for residential and industrial areas. Eight people attended the meetings, but

    nonetheless there was good discussion and feedback collected.

    Williams Lake City staff found shipping containers as permanent structures were not desired

    by area residents. Despite the potential merits of converting shipping containers into

    habitable structures, staff discovered that the cost to bring a shipping container up to BC

    Building Code standards would amount to approximately, $175,000. Staff considered

    banning shipping containers for habitation, but in the end make no reference to habitation in

    the new bylaw.

    The bylaw adopted in 2011 allows shipping containers in residential zones with the provision

    of a permit for 30 days. There is no permit fee. The permit is renewable for one month or

    less, and this provides a means for city staff to monitor shipping containers. Williams Lake

    also permits shipping containers in commercial zones with similar requirements for permits

    and duration of use, with the additional condition that shipping containers are screened.

    Screening requirements also apply to shipping containers on site in Industrial zones.

    Appendix C includes a copy of the Williams Lake bylaw.

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    3.0 KITIMAT: REGULATORY CONTEXT

    Starting in mid-1999, the District of Kitimat began to adjust bylaws addressing set-backs and

    maximum height of accessory buildings, with an emphasis on single- and two-family

    residential zones. Initial motivation for these amendments were attributed to difficulties

    enforcing requirements for accessory structures constructed in backyards that a drive by

    could not adequately assess, and a lack of specificity in regulations. Repeat experiences

    monitoring accessory buildings and structures demonstrate a need to further amend local

    regulations. Up-to-date bylaws, define standards that Kitimat residents desire for their

    neighbourhoods, and facilitate enforcement. A sensible approach to improving the Kitimat

    Municipal Code is to review of existing regulations, followed by consideration of new

    provisions for shipping containers. To date, improvements to Kitimat bylaws for accessory

    buildings and structures have omitted any reference to shipping containers.

    Please see Appendix D for staff reports to the Kitimat Advisory Planning Commission. A

    report prepared in 2002 regarding setbacks for accessory buildings is included.

    4.0 KITIMAT: RECOMMENDATIONS?

    As a result of research completed through this report and preliminary discussion with the

    Advisory Planning Commission, recommended amendments to current regulations have

    been drafted. These recommendations are intended to serve as a spring board for further

    discussion with District of Kitimat Staff, relevant advisory bodies, Council and community

    members. Please refer to Appendix E for the spreadsheet of proposed amendments.

    [Note: Appendix E spreadsheet is available from the Department on request].

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    5.0 REFERENCES

    ISBU Association. All About Shipping Containers. Accessed 11 August, 2011 at

    The Shipping Container Housing Guide. The 20 Foot Shipping Container. Accessed 11 &16 August, 2011 at

    Brad McRae, Senior Bylaw Officer, City of Williams Lake. Phone Interview on 5 July, 2011.

    City of Prince Rupert. Zoning Bylaw 3286, 2009. Accessed 11 August, 2011 at

    City of Williams Lake. Regulating Metal Shipping Containers. Accessed 11 August, 2011 at Town of Milton. Shipping Containers Amendment to Comprehensive Zoning By-law 144-2003. Accessed 11 August, 2011 at

    The Corporation of the City of Penticton. Bylaw No. 2007-29 Accessed 11 August, 2011 at

    The Corporation of the District of Kent. Bylaw No. 1447. Accessed 11 August, 2011 at

    Town of Dalmeny. Bylaw No. 4/10. Accessed 11 August, 2011 at

    City of Tukwila, Washington. Title 18 Zoning. Accessed 11 August, 2011 at

    City of Portland, Oregon. Use of Cargo Containers as Buildings and Accessory Structures.Accessed 11 August, 2011 at

    City of Lawndale, California. Ordinance No 1043-10. Accessed 11 August, 2011 at

    Springfield, Missouri. Storage Trailers and Containers. Accessed 11 August, 2011 at

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    6.0 APPENDIX

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    APPENDIX A: PHOTOS

    3 Dunn

    4 Cranberry

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    APPENDIX B: CONTAINER SOURCES

    Container sources for Kitimat residents include, but are not limited to, the following suppliers:

    Kitimat:D & J Container Services

    38 Char Street,Kitimat250-632-1246

    Owner sources own containers out of Vancouver. Prices listed below:

    For Rental OnlyDuration Rate

    1 TEU or 20 Monthly $125-130Weekly $50Daily $25

    Terrace & Prince Rupert:BigSteelBox3752 Highway 16 East

    RentalPrice

    NewPrice

    Used Price Dimensions Weight(lbs)

    20 $155/month $4800 $3400-3800 20x8x8.6 480020 Office $395/month $14200 20x8x8.6 8000

    Critek1800 665 9651

    RentalPrice

    NewPrice

    Used Price Dimensions Weight(lbs)

    20 $110/month $4250 $2800-3200 20x8x8.6 480020 Office 20x8x8.6 8000

    Kelowna:Secure-Rite10-2070 Harvey Avenue

    Rental Price NewPrice

    UsedPrice

    Dimensions

    Weight(lbs)

    20 Unit $150/month $4500 $3100+ 20x8x8.5 482020 Double Door Unit $170/month $5050 20x8x8.5 5180

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    Interior

    Container It

    Head Office: 150 Mile House /Williams LakeOther locations: Dawson Creek, Smithers

    Rental Price New Price UsedPrice

    Dimensions

    Extras

    20 Unit N/A currently $4125 $3300+ 20x8x8.5 Lock box provisionand installation,delivery andoffloadingdependent onfrequency andlocation

    Lower Mainland

    Container WestHead Office: RichmondOther locations near Kitimat: Houston, Prince George, 150 Mile House, Kamloops

    Insta Space StorageHead Office: Delta

    RentalPrice

    NewPrice

    UsedPrice

    Dimensions

    Extras

    20

    Unit

    $135/month $4100 $2850+ 20x8x8.5 Lock box provision and

    installation, delivery andoffloading

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    APPENDIX C: CITY OF WILLIAMS LAKE

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    APPENDIX D: 2002 MEMO TO MAYOR AND COUNCIL & BYLAW

    Date: 11 December 2002

    File: 7.1.4.1

    To: Mayor and Council

    From: Municipal Manager

    Re: Accessory Building Setbacks: Recommended Changes

    Shed setbacks have been the subject of Building and Planning staff discussion since mid-1999. This reporprovides background information, describes current regulations and some common misconceptions, andoutlines recommended changes to Municipal Codeprovisions for land in one-family and two-family residentiazones. Council is asked to confirm intended scope of proposed changes and to provide preliminary comment.

    BACKGROUND

    Setbacks for accessory buildings are premised on several assumptions and serve many purposes. Primaryfunctions are listed below:

    Reduce threat of fire spread from one structure to another. Many items stored outdoors are thosewhich are used outdoors, may track mud inside, produce objectionable odours or may posesome danger if stored indoors. It is likely a typical Kitimat shed would contain garden tools, lawnmower, ladder, bicycles, PFDs and other large pieces of home maintenance or sports equipment.Given the choice of storing fuel outside or inside most people would opt to keep fuel in anaccessory building: a detached garage or a shed

    A shed on one property should not adversely impact an abutting property. Water and snowshould not be deposited from a roof onto an abutting yard. Minimum yard should provide ownerwith enough space to maintain building without trespass

    An accessory building is a legitimate and economical way to provide on-site storage. Fewdwellings have adequate storage space. The reality is that a typical Kitimat resident today hasmore stuff than a typical resident in the mid-1950s or 1960s, when most local homes were builtLots of storage space is also generally believed to be an important selling feature

    Establish a development framework. Property value calculations reflect general standard of theneighbourhood, as determined largely by neighborhood residents themselves. Kitimat MunicipaCode establishes minimum lot size and yard width, and maximum site coverage. Manydevelopers impose additional controls by registering a restrictive covenant at time of subdivision

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    CURRENT REGULATIONS

    Building: Shed Permit or Building Permit?

    A permit is required to demolish, move, alter or construct any building or structure, including replacement of anexisting shed, fence or other accessory structure. Exceptions listed in the Municipal Codeinclude: clothes lineposts, landscaping and playground equipment on residential land.

    Property owners are responsible for obtaining a permit before work begins. Structure size, not use or valuedetermines permit type.

    Shed Permit ($4) will be issued for buildings up to ten square metres. Construction drawings arenot required

    Building Permit will be issued for buildings over ten square metres. Construction drawings must besubmitted to ensure Building Codecompliance. Permit cost is based on construction value

    Planning: Siting and Setbacks

    Siting regulations for one- and two-family residential zones are summarized below. Setbacks for accessorybuildings vary with zone, building size, and location on the lot. To ensure sight lines are maintained aintersections, different standards apply on corner lots. Eaves may project up to.6m over a required yard, bunot over a property line. Sheds may not be built in a required front yard.

    For planning purposes, small sheds are less than five square metres and less than two metres high. Suchsheds may be located wholly within a required side yard.

    Small Shed (five square metres or less)

    Can be built in required rear or side yard of a interior lot with minimum 1.8m rear and zero side setback,and 1.8m separation from dwelling

    Corner lot setbacks 4.5m from property lines which adjoin a street, else 2m

    Large Shed (more than five square metres)

    Permitted in required rear yard of an interior lot with minimum 1.8m rear and side setbacks and 2mseparation from principal building

    Corner lot setbacks 4.5m from property lines which adjoin a street, 2m from all other property lines

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    RECOMMENDED CHANGES AND CONSIDERATION

    1. Building Department

    Recommended bylaw changes were motivated by desire to reduce bylaw enforcement workload. Inspectorsrarely discovered problems without public assistance, as most sheds were not visible from the streetResolution of complaints registered by neighbourswhose own sheds complied with regulationswashowever, consuming considerable time.

    Given that a small shed is allowed zero side setback, Building Department staff believe zero rear yardsetbackwhere lot abuts a public park or walkwayis equally appropriate. Inspectors suggested such aconcession is warranted because there is no increased fire hazard associated with abutting greenbelt land.Yard of 1.8m (side, rear or both) should be standard when abutting land is privately held and building exceedsfive square metres.

    2. Planning Department

    Regulations express community standards and aesthetic vision in black and white. Persistent advancement oalternative regulations merits attention, as it may indicate community desires have evolved. Eliminatingneedless complexity is change for good reason.

    Zero setbacks for accessory buildings abutting parks and walkways may, however, make these public spacesless attractive. Some walkways are quite narrow, eliminating or reducing rear setbacks may create corridorswhich are perceived as less open and less friendly.

    3. Advisory Planning Commission

    The Advisory Planning Commission gave due consideration to a number of alternative proposals on 29October. Before the Advisory Planning Commission debate, Commissioners were encouraged to study theiown neighbourhood, and visit other residential areas. The questions which follow were used to structureobservations.

    What do you see now? What would you like to see? What would you be prepared to accept? Should there be limitsheight, maximum dimension, total area, numberon what accessory

    buildings individual property owners may build? Should any or all limits be different in different neighbourhoods or zones?

    As reported by the Minutes, Members discussed current side and rear yard setbacks; and noted primarypurpose of setbacks is to manage impact on neighbouring properties (drainage, aesthetics and fire spread)Members determined setbacks must be sufficient to maintain structure without trespass. The following motion

    was adopted.

    THAT the Commission recommend Council amend Kitimat Municipal Codeto require 1m minimum sideand rear setbacks for accessory structures in residential zones.

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    Conclusion

    Setback regulations address both fire safety and aesthetics. From strictly a safety standpoint, setbacks inresidential zones must balance the need to protect a home (principal structure) from accessory buildings on

    the same property; as well as to protect adjacent principal structures and adjacent accessory structuresPushing accessory buildings to the perimeter of a lot, and maximizing separation between accessory andprincipal buildings on the same and abutting lots is the primary fire-safety objective. This runs contrary to theaesthetic mandate of massing of buildings on each property and providing yards at the perimeter.

    The recommendation of the Advisory Planning Commission, minimum 1m yard in all cases, seems to be areasonable compromise; and its simplicity may eliminate confusion and simplify enforcement. This newstandard would bring Kitimat into the center of the pack as measured by comparing proposed 1m setback tothose used in neighbouring communities. Prince Rupert requires minimum .3m rear yard abutting laneotherwise 1.2m (side and rear); Terrace requires 1.5m (side and rear yard); and Smithers requires .6m (sideand rear yard).

    Recommendation

    I recommend Council request a bylaw be drafted to establish 1m as standard setback for accessorystructures in one- and two-family residential zones.

    Respectfully advised,

    Trafford Hall

    Encl. Explanatory Plan, Accessory Buildings Permitted (sic) in Required Yards

    pc: Advisory Planning Commission

    /GJS

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    DISTRICT OF KITIMAT

    BYLAW NO. ________

    A BYLAW TO AMEND THE KITIMAT MUNICIPAL CODEWITH RESPECT TO ACCESSORY BUILDINGS INSELECTED RESIDENTIAL AREAS

    WHEREAS the BC Local Government Actallows local government to divide portions of the municipality intozones and regulate the use of land within zones;

    AND WHEREAS Kitimat Council deems it is in the public interest to amend setback regulations for accessorybuildings in selected single-family and two-family residential zones;

    NOW THEREFORE the Council of the District of Kitimat, in open meeting assembled, ENACTS ASFOLLOWS:

    1. This bylaw may be cited as "ACCESSORY BUILDING BYLAW NO. 1, 2003".

    2. Part 9, Division 4, Subdivision 1, "General" of the Kitimat Municipal Codeis amended as follows:

    a. Delete heading Accessory Buildings and Accessory Structures and text in clauses 9.4.1.4 to9.4.1.14;

    b. Insert text attached as Schedule A, numbering clauses sequentially starting with 9.4.1.4; andrenumber balance of Subdivision 9.4.1 as required;

    3. Part 9, Division 4, Subdivision 3 to Subdivision 13 is amended as follows:

    a. Under every occurrence of the heading Building Setbacks on a Corner Lots replace reference to9.4.1.14 with 9.4.1.6

    b. Under every occurrence of the heading Accessory Buildings in Required Yards replace See9.4.1.4 to 9.4.1.11 with See 9.4.1.7 to 9.4.1.11;

    4. This bylaw shall come into force and be binding on all persons from the date of adoption.

    READ a first time this day of , 2003

    READ a second time this day of , 2003

    A PUBLIC HEARING was held this day of , 2003

    READ a third time and passed this day of , 2003

    FINALLY ADOPTED this day of , 2003

    MAYOR ________________________________

    CLERK ________________________________

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    District of Kitimat Community Planning & Development A Dilemma to Contain

    Schedule APART 9 - PLANNINGDivision 4 - Residential Zoning

    Subdivision 1 - General

    9.4.1. Buildings on Site

    4. Not more than one principal building shall be permitted on a property occupied bya detached or semi-detached dwelling

    5. A principal building shall be set back from property lines to provide requiredyards in accordance with Part 9, Division 4, Subdivisions 3 to 14

    6. Notwithstanding the provisions of Part 9, Division 4, Subdivisions 3 to 14, albuildings on a corner site shall be set back 4.5m or more from property lines thatadjoin a street; and the principal building shall be set back 2.0m or more from alother property lines

    Accessory Buildings and Accessory Structures

    7. Accessory buildings may be erected in a required side or rear yard provided a yard o1m or more, as measured from eave to property line, is maintained and height doesnot exceed 3m

    8. A garage or carport contiguous to a corresponding structure of similar design on theadjoining lot may be erected in a side yard

    9. Accessory structures may be no more than 12m high, or 3.0m high if located in arequired yard

    10. A patio 0.6m or less above natural grade may be erected in any yard

    11. A private swimming pool, paddling pool, pond or other water feature deeper than0.5m may be located in a required rear or side yard and must be enclosed on allsides by a fence of 1.8m or more. Fence design and location shall be approved bythe Building Inspector and all gates provided with a locking device.

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