CONSOLIDATION

Kelowna Airport Zoning Regulations

C.R.C., c. 89

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Regulations Respecting Zoning at Kelowna Airport

Short Title

Interpretation

Application

General

Natural Growth SCHEDULE

Current to June 20, 2022

ii

CHAPTER 89

AERONAUTICS ACT Kelowna Airport Zoning Regulations

Regulations Respecting Zoning at Kelowna Airport

Short Title 1 These Regulations may be cited as the Kelowna Airport Zoning Regulations.

Interpretation 2 In these Regulations,

airport means Kelowna Airport, City of Kelowna, in the Province of British Columbia; (aéroport) airport reference point means the point determined in the manner set out in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane extending upward and outward from each end of a strip along and at right angles to the projected centre line thereof, which approach surface is more particularly described in Part III of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande) transitional surface means an imaginary inclined plane extending upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition)

Current to June 20, 2022

Kelowna Airport Zoning Regulations Interpretation Sections 3-7

3 For the purposes of these Regulations, the airport reference point is deemed to be 1,371 feet above sea level.

Application 4 These Regulations apply to all the lands and lands under water, including public road allowances, adjacent to or in the vicinity of the airport, the outer limits of which lands are described in Part II of the schedule, other than such lands as from time to time form part of the airport.

General 5 No person shall erect or construct, on any land to

which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely, (a) the approach surfaces; (b) the outer surface; or (c) the transitional surface.

Natural Growth 6 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in section 5, the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth. SOR/81-173, s. 1.

7 [Revoked, SOR/81-173, s. 1]

Current to June 20, 2022

Kelowna Airport Zoning Regulations SCHEDULE

SCHEDULE (Sections 2 and 4)

PART I

Airport Reference Point Being a point distant 250 feet measured westerly from and at right angles to the centre line of runway 15-33 from a point thereon distant 4,000 feet measured southerly along the said centre line from the northerly end of said runway.

PART II

Description of Outer Limits of Land COMMENCING at the northwest corner of the northeast quarter of Section 26, Township 23; THENCE easterly along the northerly boundary of said northeast quarter of Section 26 to the northeast corner of said northeast quarter of Section 26; THENCE southeasterly to a point on the easterly boundary of the northwest quarter, Section 25, Township 23, distant 500 feet southerly from the northeast corner of said northwest quarter of Section 25; THENCE southeasterly to the southeast corner of the northeast quarter of Section 25, Township 23; THENCE easterly along the northerly boundary of the southwest quarter of Section 30, Township 24 to the northeast corner of said southwest quarter of Section 30; THENCE southeasterly to a point on the southerly boundary of the southeast quarter of Section 30, Township 24, distant 1,200 feet westerly from the southeasterly corner of said southeast quarter of Section 30, Township 24; THENCE southeasterly to the southeast corner of the northeast quarter of Section 19, Township 24; THENCE southeasterly to a point on the southerly boundary of the southwest quarter of Section 20, Township 24, distant 1,250 feet easterly from the southwesterly corner of said southwest quarter of Section 20; THENCE southerly to a point on the southerly boundary of the northwest quarter of Section 17, Township 24, distant 1,500 feet easterly from the southwesterly corner of the northwest quarter of Section 17; THENCE southerly to a point on the southerly boundary of the southwest quarter of Section 17, Township 24, distant 1,200 feet easterly from the southwesterly corner of said southwest quarter of Section 17; THENCE southwesterly to the southwesterly corner of the northwest quarter of Section 8, Township 24; THENCE southwesterly to the most easterly corner of Plan B4260; THENCE southwesterly along the southerly boundary of said Plan B4260 to the most southerly corner of said Plan B4260; THENCE westerly along the southerly boundary of Parcel B, Plan B6935 to the southwesterly corner of said Parcel B, Plan B6935; THENCE across Scottie Creek Road to the most easterly corner of the remainder of Lot 33, Plan 1760; THENCE southwesterly along the southeasterly boundary of said remainder of Lot 33, Plan 1760 to the northeast corner of Parcel B, Plan 13115; THENCE southerly along the easterly boundary of said Parcel B, Plan 13115 to the southeasterly corner of said Parcel B, Plan 13115; THENCE southerly along

Current to June 20, 2022

Kelowna Airport Zoning Regulations SCHEDULE

the easterly boundary of Lot 2, Plan 7625 to the southeast corner of said Lot 2, Plan 7625; THENCE westerly along the southerly boundary of said Lot 2, Plan 7625 to the southwesterly corner of said Lot 2, Plan 7625; THENCE west across Lakha Road to the easterly boundary of Lot 7, Plan 1611; THENCE southerly along said easterly boundary of Lot 7, Plan 1611 to the southeast corner of Lot 7, Plan 1611; THENCE southerly along the easterly boundary of Lot 4, Plan 3896 to the southeast corner of said Lot 4, Plan 3896; THENCE westerly and southwesterly along the southerly boundary of said Lot 4, Plan 3896 to the southwest corner of said Lot 4, Plan 3896; THENCE southwesterly and westerly along the southerly boundary of Lot A, Plan 25721 to the southwesterly corner of said Lot A, Plan 25721; THENCE northwesterly across Old Vernon Road to the southeast corner of Lot 3, Plan 3874; THENCE westerly along the southerly boundary of said Lot 3, Plan 3874 to the southwest corner of said Lot 3, Plan 3874; THENCE westerly along the southerly boundary of Lot 2, Plan 3874 to the southwest corner of said Lot 2, Plan 3874; THENCE northerly along the westerly boundary of said Lot 2, Plan 3874 to the southeast corner of the remainder of Lot 1, Plan 4183; THENCE westerly along the southerly boundary of said remainder of Lot 1, Plan 4183 to the southeast corner of Lot B, Plan 22129; THENCE westerly along the southerly boundary of said Lot B, Plan 22129 to the southwest corner of said Lot B, Plan 22129; THENCE westerly along the southerly boundary of Lot A, Plan 22129 to the southwest corner of said Lot A, Plan 22129; THENCE westerly along the southerly boundary of the east half of the remainder of Lot B, Plan 4784 to the southeast corner of said east half of Lot B, Plan 4784; THENCE westerly along the southerly boundary of the remainder of Lot B, Plan 4784 to the southeast corner of Lot B, Plan 16931; THENCE westerly along the southerly boundary of said Lot B, Plan 16931 to the southwest corner of said Lot B, Plan 16931; THENCE westerly along the southerly boundary of Lot A, Plan 16931 to the southwest corner of said Lot A, Plan 16931; THENCE westerly along the southerly boundary of the remainder of Lot A, Plan 4784 to the southwest corner of said remainder of Lot A, Plan 4784; THENCE southwesterly across Highway 97 to the southeast corner of Lot 2, Plan 20412; THENCE westerly along the southerly boundary of said Lot 2, Plan 20412 to the southwest corner of said Lot 2, Plan 20412; THENCE westerly along the southerly boundary of Lot 1, Plan 20412 to the southwest corner of said Lot 1, Plan 20412; THENCE westerly along the southerly boundary of Lot A, Plan 23284 to the southwest corner of said Lot A, Plan 23284; THENCE westerly along the southerly boundary of Lot B, Plan 23284 to the southwest corner of said Lot B, Plan 23284; THENCE westerly along the southerly boundary of Lot C, Plan 23284 to the southwest corner of said Lot C, Plan 23284; THENCE across the right-of-way of Canadian National Railway as shown on Plan M373 and Plan R258 to the southeasterly corner of the remainder of the southwest quarter of Section 2, Township 23; THENCE westerly along the southerly boundary of said remainder of the southwest quarter of Section 2, Township 23 to the southwesterly corner of said remainder of the southwest quarter of Section 2, Township 23; THENCE northwesterly to the northwest corner of the northwest quarter of the southeast quarter of Section 3, Township 23; THENCE northerly along the easterly boundary of Lot 1, Block 23, Plan 1249 to the northeast corner of said Lot 1, Block 23, Plan 1249; THENCE across the ditch right-of-way as shown on Plan 1249 to the southeast corner of Lot 5, Block 23,

Current to June 20, 2022

Kelowna Airport Zoning Regulations SCHEDULE

Plan 1249; THENCE southwesterly along the southerly boundary of said Lot 5, Block 23, Plan 1249 to the southwesterly corner of said Lot 5, Block 23, Plan 1249; THENCE northwesterly along the westerly boundary of said Lot 5, Block 23, Plan 1249 to the northwesterly corner of said Lot 5, Block 23, Plan 1249; THENCE across the ditch right-of-way as shown on Plan 1249 to the most easterly corner of Lot 9, Plan 20573; THENCE southwesterly along the southeasterly boundary of said Lot 9, Plan 20573 to the most southerly corner of said Lot 9, Plan 20573; THENCE southwesterly along the southeasterly boundary of Lot 8, Plan 20573 to the most southerly corner of said Lot 8, Plan 20573; THENCE northwesterly along the southwesterly boundary of said Lot 8, Plan 20573 to the most westerly corner of said Lot 8, Plan 20573; THENCE westerly across Curtis Road to the southeast corner of Lot 5, Block 16, Plan 1068; THENCE westerly along the southerly boundary of said Lot 5, Block 16, Plan 1068 to the southwest corner of said Lot 5, Block 16, Plan 1068; THENCE northerly along the westerly boundary of said Lot 5, Block 16, Plan 1068 to the northwest corner of said Lot 5, Block 16, Plan 1068; THENCE westerly across the road right-of-way as shown on Plan H8323 to the most southerly corner of Lot 27, Block 10, Plan 1068; THENCE northwesterly along the southwesterly boundary of said Lot 27, Block 10, Plan 1068 to the most westerly corner of said Lot 27, Block 10, Plan 1068; THENCE northwesterly and northerly along the westerly boundary of Lot 2, Block 19, Plan 1884; THENCE westerly and northerly along the westerly boundary of Lot 1, Block 19, Plan 1884 to the southeast corner of Lot 6, Block 19, Plan 1884; THENCE westerly along the southerly boundary of said Lot 6, Block 19, Plan 1884 to the southwest corner of said Lot 6, Block 19, Plan 1884; THENCE northerly along the westerly boundary of said Lot 6, Block 19, Plan 1884 to the most southerly corner of Lot 3, Block 10, Plan 1068; THENCE northwesterly along the southwesterly boundary of said Lot 3, Block 10, Plan 1068 to the most westerly corner of said Lot 3, Block 10, Plan 1068; THENCE northerly across Glenmore Road to the most southerly corner of Lot 2, Block 11, Plan 1068; THENCE northwesterly along the southwesterly boundary of said Lot 2, Block 11, Plan 1068 to the most westerly corner of said Lot 2, Block 11, Plan 1068; THENCE northeasterly along the northwesterly boundary of said Lot 2, Block 11, Plan 1068 to the most southerly corner of Lot 1, Plan 2237; THENCE northerly along the westerly boundary of said Lot 1, Plan 2237 to the northwest corner of said Lot 1, Plan 2237; THENCE northerly along the westerly boundary of the remainder of Lot 4, Plan 16293 to the northwest corner of the remainder of Lot 4, Plan 16293; THENCE northerly along the westerly boundary of Lot B, Plan 19441 to the northwest corner of said Lot B, Plan 19441; THENCE northerly along the westerly boundary of Lot 1, Plan 23026 to the northwest corner of said Lot 1, Plan 23026; THENCE northerly along the westerly boundary of the remainder of Lot A, Plan 19441 to the northwest corner of said remainder of Lot A, Plan 19441; THENCE easterly along the northerly boundary of the remainder of Lot A, Plan 19441 to the southwest corner of Lot C, Plan 17265; THENCE northeasterly along the westerly boundary of said Lot C, Plan 17265 to the northwest corner of said Lot C, Plan 17265; THENCE northeasterly across McKinley Landing Road and across Lot A, Plan 17265 and across the remainder of Parcel A, Plan 5353 to the southwest corner of Lot A, Plan 22105; THENCE easterly along the southerly boundary of said Lot A, Plan 22105 to the southeast corner of said Lot A, Plan 22105; THENCE northerly along the easterly boundary

Current to June 20, 2022

Kelowna Airport Zoning Regulations SCHEDULE

of said Lot A, Plan 22105 to the northeast corner of said Lot A, Plan 22105; THENCE northerly along the easterly boundary of Lot B, Plan 22105 to the northeast corner of said Lot B, Plan 22105; THENCE northeasterly across Glenmore Road to the northwest corner of the remainder of the northeast quarter of Section 21, Township 23; THENCE easterly along the northerly boundary of the northeast quarter of Section 21, Township 23 to the northeast corner of said northeast quarter of Section 21, Township 23; THENCE northerly along the westerly boundary of the southwest quarter of Section 27, Township 23, 800 feet; THENCE northeasterly to a point on the northerly boundary of said southwest quarter of Section 27, Township 23 distant 660 feet westerly from the northeast corner of said southwest quarter of Section 27, Township 23; THENCE easterly along said northerly boundary of the southwest quarter of Section 27, Township 23, 660 feet to the northeast corner of the southwest quarter of Section 27, Township 23; THENCE northeasterly to a point on the westerly boundary of the northwest quarter of Section 26, Township 23, distant 1,000 feet southerly from the northwest corner of said northwest quarter of Section 26, Township 23; THENCE northeasterly to the northwest corner of the northeast quarter of Section 26, Township 23, said point being the point of commencement, and as shown outlined in yellow on Department of Transport Plan No. B.C. 1205 A, B, C, dated March 7, 1977.

PART III

Description of Each Approach Surface Being a surface abutting each end of the strip associated with runway designated as 15-33 and more particularly described as follows: (a) a surface abutting the end of the strip associated with runway approach 15 consisting of an inclined plane having a ratio of one (1) foot measured vertically to forty (40) feet measured horizontally rising to an intersection with the outer surface, THENCE said approach surface shall be horizontal and contiguous to said outer surface to an intersection with the northern extremity of said outer surface, THENCE said approach surface shall slope upward at the above specified slope of one (1) foot measured vertically to forty (40) feet measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being one thousand two hundred and fifty (1,250) feet from the projected centre line; said imaginary horizontal line being one hundred and sixty-six (166) feet, measured vertically, above the Airport Reference Point, and (b) a surface abutting the end of the strip associated with runway approach 33 consisting of an inclined plane having a ratio of one (1) foot measured vertically to forty (40) feet measured horizontally rising to an intersection with the outer surface, THENCE said approach surface shall be horizontal and contiguous to said outer surface to an intersection with the southern extremity of said outer surface, THENCE said approach surface shall slope upward at the

Current to June 20, 2022

Kelowna Airport Zoning Regulations SCHEDULE

above specified slope of one (1) foot measured vertically to forty (40) feet measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being one thousand two hundred and fifty (1,250) feet from the projected centre line; said imaginary horizontal line being one hundred and seventy-nine (179) feet, measured vertically, above the airport reference point, which approach surfaces are shown, outlined blue, on Department of Transport Plan No. B.C. 1205 A, B, C, dated March 7, 1977.

PART IV

Description of the Outer Surface Being an imaginary surface consisting of (a) a common plane established at a constant elevation of one hundred and fifty (150) feet above the assigned elevation of the airport reference point, and (b) when the common plane described in paragraph (a) is less than thirty (30) feet above the surface of the ground, an imaginary surface located at thirty (30) feet above the surface of the ground, which outer surface is shown, outlined yellow, on Department of Transport Plan No. B.C. 1205 A, B, C, dated March 7, 1977.

PART V

Description of the Strip The strip associated with runway 15-33 is five hundred (500) feet in width, two hundred and fifty (250) feet being on each side of the centre line of the runway, and eight thousand four hundred (8,400) feet in length, which strip is shown, outlined green, on Department of Transport Plan No. 1205 A, B, C, dated March 7, 1977.

PART VI

Description of Each Transitional Surface Being a surface consisting of an inclined plane rising at a ratio of one (1) foot measured vertically to seven (7) feet measured horizontally at right angles to the centre line, and centre line produced, of the strip, extending upward and outward from the lateral limits of the strip and its approach surfaces to an elevation of one hundred and fifty (150) feet, measured vertically, above the assigned elevation of the airport reference point, which transitional surface is shown, outlined red, on

Current to June 20, 2022

Kelowna Airport Zoning Regulations SCHEDULE

Department of Transport Plan B.C. 1205 A, B, C, dated March 7, 1977.

Current to June 20, 2022

