West Bench, Faulder, Okanagan Lake West
Roza, the RDOS Bylaw Enforcement Coordinator, sent the following email to a resident regarding the motocross track in Meadow Valley. I think it provides a pretty clear summary of the issues. I have highlighted a few issues that I think are critical.
[...] With respect to the track that is being constructed at 833 Fish Lake Road, construction of a track for personal use of the property owner is permitted as an “accessory use” to a dwelling. We are in the process of preparing a letter to the property owner advising that the track can‘t be used until such time that a building permit has been issued to construct (or place) a home on the property. Once the permit is issued, the track can be used. The RDOS Planning Technician and myself were at the property on Friday afternoon and spoke with the property owner. He has been advised of our position and what he is required to do. We anticipate that he will be making application for a building permit in the very near future.
With respect to the Noise Bylaw, if the noise is generated by a use that is permitted under land use the owner has a right to conduct that use. This means that the track can be used during reasonable hours, like during the day. However, and as an example of a contravention of the Noise Bylaw, if the motor bike doesn’t have a muffler, then we would be in a position to apply the bylaw.
[...] If you find the noise of the motor bike disturbing, please contact our Bylaw Enforcement Officer at 250-492-0911 while the bike is being used so he can evaluate the noise to determine if it can be considered as a contravention of the Noise Bylaw.
As a side note, we advise further that the Provincial Agricultural Land Commission (ALC) has been contacted and their position is that the construction of this moto cross track is permitted on farm land. It is our understanding that several neighbours have contacted the ALC and have provided pictures; however, the Commission maintains their position that the use is permitted and will not harm the agricultural capability of the property.
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