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Penticton Airport Zoning Regulations (C.R.C., c. 101)

Regulations are current to 2024-03-06

Penticton Airport Zoning Regulations

C.R.C., c. 101

AERONAUTICS ACT

Regulations Respecting Zoning at Penticton Airport

Short Title

 These Regulations may be cited as the Penticton Airport Zoning Regulations.

Interpretation

 In these Regulations,

airport

airport means Penticton Airport, Penticton, in the Province of British Columbia; (aéroport)

airport reference point

airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport)

approach surface

approach surface means an imaginary inclined plane, the lower end of which is a horizontal line at right angles to the centre line of a strip and passing through a point at the strip end on the centre line of the strip; (surface d’approche)

horizontal surface

horizontal surface means an imaginary horizontal plane centering on and located 150 feet above the assigned elevation of the airport reference point; (surface horizontale)

Minister

Minister[Revoked, SOR/93-401, s. 2]

strip

strip means a rectangular portion of the landing area of the airport, being 1,000 feet in width, including the runway, especially prepared for the take-off and landing of aircraft in a particular direction; (bande)

transitional surface

transitional surface means an imaginary inclined plane extending upward and outward from the outer lateral limits of a strip and its approach surface to an intersection with the horizontal surface or other transitional surfaces. (surface de transition)

  • SOR/93-401, s. 2

 For the purposes of these Regulations, the airport reference point is deemed to be 1,114 feet above sea level.

Application

 These Regulations apply to all lands, including public road allowances, adjacent to or in the vicinity of the airport, as more particularly described in Part II of the schedule.

General

 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 the highest point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely,

  • (a) a horizontal surface, the outer limits of which may be described as follows:

    COMMENCING on the Northeasterly boundary of Skaha Lake at the Southwest corner of Lot A, Plan 9936; THENCE, S. 73°00′00″ W. to an intersection with the Easterly limit of the aforementioned and hereinafter described transitional surface; THENCE, N. 0°51′38″ E. along the aforesaid Easterly limit to the high water mark on the Northerly boundary of Skaha Lake, THENCE, Easterly along said high water mark to and across Skaha Lake Road to the Southwesterly corner of Parcel 1CR, as shown on Plan M.284; THENCE, along the Westerly boundary of Parcel 1CR to the Easterly boundary of Plan M.284; THENCE, Southerly along said Easterly boundary Plan M.284 to the aforementioned Easterly limit of the transitional surface; THENCE, N. 0°27′42″ E. along said Easterly limit of the transitional surface to the Westerly limit of Plan M.284; THENCE, Northerly along the said Westerly limit of Plan M.284 to the aforesaid Easterly limit of the transitional surface; THENCE, N. 0°27′42″ E. along said Easterly limit of the transitional surface to a point thereon; THENCE, along a straight line bearing N. 2°00′22″ E. to a point on the Southerly limit of Scott Avenue and which point is 130 feet, more or less, Westerly from the Westerly limit of Argyle Street; THENCE, bearing N. 88°34′00″ W. in a straight line along the Northerly limit of the aforementioned and hereafter-described approach surface for a distance of 3,010 feet, more or less, to a point; THENCE, S. 0°51′38″ W. along the Westerly limit of the aforementioned transitional surface to an intersection with the Westerly limit of Plan M.284; THENCE, Northerly 300 feet, more or less, to the Southeast corner of Parcel 11CR, as shown on Plan M.284; THENCE, Northwesterly along the Westerly limit of said Parcel 11CR to an intersection with the Westerly limit of Plan M.284; THENCE, Northerly along said Westerly limit of Plan M.284 to an intersection with the Westerly production of the Northerly limit of Burnaby Avenue; THENCE, Easterly along aforesaid Westerly production to the Easterly limit of Riverside Drive; THENCE, Northerly along aforesaid Easterly limit to the Southwest corner of Plan 6796; THENCE, Easterly along the Southerly boundaries of Plans 6796, 5266 and 1017 to the Southeasterly corner of Plan 1017; THENCE, Northerly along the Easterly boundary of Plan 1017 to the Southerly limit of Dynes Avenue; THENCE, Easterly along the last-mentioned Southerly limit and production thereof to the Easterly limit of Power Street; THENCE, Northerly along the last-mentioned Easterly limit to the Southerly limit of Alexander Avenue; THENCE, Easterly along said Southerly limit of Alexander Avenue and production thereof to the Easterly limit of Maple Street; THENCE, Southerly along said Easterly limit of Maple Street to the Northerly limit of Heales Avenue; THENCE, Easterly along said Northerly limit of Heales Avenue to the Westerly limit of Lakeview Street; THENCE, Southerly along said Westerly limit of Lakeview Street and production thereof to the Southerly limit of Westminster Avenue; THENCE, Easterly along said Southerly limit of Westminster Avenue to the Westerly limit of Main Street; THENCE, Southerly along the said Westerly limit of Main Street and production thereof to the Southerly limit of Nanaimo Avenue; THENCE, Easterly along said Southerly limit of Nanaimo Avenue to the Southwesterly boundary of Penticton Creek; THENCE, along the Southwesterly boundary of Penticton Creek upstream to its intersection with the Northerly production of the Westerly limit of Government Street; THENCE, Southerly along the said Westerly limit of Government Street and production thereof to the Southerly limit of Municipal Avenue; THENCE, Westerly along said Southerly limit of Municipal Avenue to the Westerly limit of Lier Street; THENCE, Southerly along said Westerly limit of Lier Street and production thereof to the Southerly limit of Carmi Road; THENCE, Westerly along said Southerly limit of Carmi Road and production thereof to the Westerly limit of Main Street; THENCE, Southerly along said Westerly limit of Main Street and production thereof to the Southerly limit of Green Avenue; THENCE, Westerly along said Southerly limit of Green Avenue to the Northwest corner of Lot 118, Plan 333; THENCE, Southerly along the Westerly boundaries of Lots 118 and 119, Plan 333, Lots 1 and 2, Plan 3699, Lot 217, Plan 397, and Lot A, Plan B5596, to the Northerly limit of Yorkton Avenue; THENCE, Westerly along said Northerly limit of Yorkton Avenue to a Northerly production of the Westerly limit of Cypress Street; THENCE, Southerly along said Westerly limit and production thereof to the Northerly limit of Lee Avenue and THENCE, continuing Southerly to the Northwest corner of Lot 12, Plan 466; THENCE, still continuing Southerly along the Westerly boundary of said Lot 12, across Elm Avenue, and along the Westerly boundary of Lot 25, Plan 466 and the Southerly production thereof, to the Southerly limit of South Beach Drive; THENCE, Westerly along the said Southerly limit of South Beach Drive to the Northeast corner of Plan B4808; THENCE, Southerly along the Easterly boundary of Plan B4808 to the boundary of Skaha Lake; THENCE, Southerly along the said boundary of Skaha Lake to the point of commencement, excepting thereout that portion of the Penticton Indian Reserve No. 1 (Plan B.C. 117 C.L.S.R.), shown as Parcel E on Plan M.284, which horizontal surface is shown outlined in yellow on Plan E.890 dated July 23, 1963, of record in the Department of Transport at Ottawa;

  • (b) the approach surfaces abutting each end of the strip designated as 16-34 and extending outward therefrom, the dimensions of which approach surfaces are five hundred (500) feet on each side of the centre line of the strip at the strip ends and two thousand (2,000) feet on each side of the projected centre line of the strip at the outer ends, the said outer ends being two hundred (200) feet above the elevations at the strip ends, and measured horizontally ten thousand (10,000) feet from the strip ends, excepting thereout all lands lying within the Penticton Indian Reserve No. 1, Plan B.C. 117 (C.L.S.R.), which approach surfaces are shown outlined in blue on the said Plan E.890; and

  • (c) the several transitional surfaces each rising at an angle determined on the basis of a ratio of one (1) foot vertically for every seven (7) feet measured horizontally from the outer lateral limits of the strip and its abutting surfaces, excepting thereout all lands lying within the Penticton Indian Reserve No. 1, Plan B.C. 117 (C.L.S.R.), which transitional surfaces are shown outlined in red on the said Plan E.890.

SCHEDULE(Sections 2 and 4)

PART IAirport Reference Point

COMMENCING at the intersection of the centre line of Runway 16-34 of Penticton Airport with its 34 end; THENCE, Northerly along the said centre line a distance of four thousand (4,000) feet; THENCE, at right angles Easterly a distance of five hundred (500) feet to a point henceforth designated as the airport reference point, the said point having an assigned elevation of one thousand one hundred fourteen (1,114) feet above sea level.

PART IIDescription of Lands to Which These Regulations Apply

ALL AND SINGULAR those certain parcels or tracts of lands and premises, lying in or in the vicinity of the city of Penticton, in the Province of British Columbia, that are shown on Plan E.890 dated July 23, 1963, of record in the Department of Transport at Ottawa and that are lying within or under

  • (a) the horizontal surface described in paragraph 5(a) of these Regulations;

  • (b) either of the approach surfaces described in paragraph 5(b) of these Regulations and outlined in blue on the said Plan E.890; or

  • (c) any of the transitional surfaces described in paragraph 5(c) of these Regulations and outlined in red on the said Plan E.890.


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