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  • Writer's pictureRiley Gettens

Update: Clarifying the TUP granted for RV

Updated: Aug 8, 2023

2023 08 08 update - accessory dwellings are not permitted in GWB.


2023 05 18

Today I asked the board to reconsider and revoke the Temporary Use Permit (TUP) for 903 Newton Drive. The board unanimously agreed and directed the property owner to work with bylaw to comply by October 16, 2023.


Why this matters:


Accessory dwellings are not permitted in GWB. That is due to the geotechnical hazards of living in the Greater West Bench. At the last board meeting (see below), the board intended to grant temporary and part-time use of the RV until October, when (according to the applicant) the RV will be removed. By the way, I voted to deny the TUP - I did not support this approach.


The TUP was the wrong tool.

  • The TUP would have granted residential occupancy (not restricted to RV use but full residential occupancy), creating Greater West Bench’s one-and-only permitted accessory dwelling.

  • While the TUP stated that no renewal is permitted, staff and the board cannot restrict citizens from applying for a TUP.

  • There were no tools within the TUP for RDOS bylaw to leverage to ensure the applicant complies with the board’s direction of a one-year limit.

Today the board agreed to revoke the TUP, leave the matter to RDOS's bylaw and direct the property owner to comply (disconnect the RV from the septic and West Bench Water systems) by October 16, 2023.


Thank you for reading.

If you have any questions, please let me know.

Riley

 

Hello there, I have had several inquiries about the board's decision to grant residential use of an RV for one year in Greater West Bench. I voted against this temporary use. However, here is what this Temporary Use Permit (TUP) means.


The Board's Decision (2023 05 04)

The board granted 903 Newton Drive a one-year Temporary Use Permit (TUP), expiring on May 4, 2024, with no renewal option. The property owner stated that one year is needed because her parents (who live in the main house) "...are going to move and they are going to pull that RV off and retire somewhere... I need time to organize the property before they go..."


The property still must comply with RDOS bylaws except as specifically varied by the Temporary Use Permit. In this case, this property has been granted residential use of one (1) recreational vehicle for one year on 903 Newton Drive with the following conditions:

  • The RV shall be removed when the permit expires;

  • The RV shall be connected to the West Bench Water System; and

  • The RV shall be connected to the on-site septic system.

 
Some of the bylaws that apply in Greater West Bench (including properties with TUPs).

See Okanagan Valley Zoning Bylaw No. 2800. 2022 or Noise Bylaw No. 2931,2022 for details and to confirm the bylaw information provided here. If there is a discrepancy between my interpretations below and RDOS Zoning Bylaws, the Zoning Bylaws available on the RDOS website will prevail.

RECREATIONAL VEHICLES (RVs) Bylaw (Section 6.11 of the Okanagan Valley Zoning Bylaw)
  • Properties are permitted one (1) RV that can be stored on a property. The RV cannot be connected to any sewage treatment, water, or power source.

  • Properties zoned small holdings are permitted to have one (1) RV that belongs to a guest for temporary use (up to 90 days) between May and September.


NOISE BYLAW (Section 6.0 - Permitted Sound Levels - Noise Bylaw)

The RD has assigned dBAs to an acceptable noise level at the point of reception. Point of reception means where the noise is causing a disturbance.

  • Be considerate of your neighbours, and you'll likely be fine.

  • During the day, go ahead and mow your lawn, work on your house, have a dinner party, listen to music, and enjoy your life. But don't force your neighbour to listen to your music or your guests.

  • During the night, turn it down a bit. Your band can still practice. But if I can hear your band in my house or backyard at the same volume as a conversation with my partner, your band is too loud.

  • Construction noise (likely to exceed 55 dBAs and be consistent) is permitted from Monday - Saturday from 7:00 am - 8:00 pm and Sundays/Stats from 10:00 am - 5:00 pm.

  • Natural Resource Extraction has a max of 85 dBAs unless otherwise permitted under the Mines Act (provincial) from 7:00 am - 5:00 pm.


OUTDOOR BURNING

  • Greater West Bench has a Fire Service Agreement with the City of Penticton. Open burning is prohibited unless you have a permit from the Penticton Fire Department for an outdoor fireplace or a burn permit.

  • If you have questions, call the City of Penticton Fire Department at 250-490-2300 or fire@penticton.ca.


Thank you for reading,

Riley

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