Zoning Bylaw No. 1342 | 2025

Gibsons, British Columbia

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1. Title, Contents and Zoning Map 1-1 1. Title, Contents and Zoning Map 1-1 Town of Gibsons Zoning Bylaw Bylaw No. 1342 | 2025 1. Title, Contents and Zoning Map - 1.1 Title and Contents 1-2 1. Title, Contents and Zoning Map - 1.1 Title and Contents 1-2 1. Title, Contents and Zoning Map 1.1. Title and Contents 1.1.1. Preface 1. WHEREAS it is deemed desirable to adopt a new Zoning Bylaw for the Town of Gibsons in order to: 1.1. better give effect to the policies of the "Town of Gibsons Official Community Plan, Bylaw No. 1339, 2025" and amending Bylaws; and, 1.2. clarify, update, and make more efficient and effective the operation of the Town's Zoning Bylaw; 2. NOW THEREFORE the Council of the Town of Gibsons in open meeting assembled enacts as follows: 1.1.2. Title 1. This Bylaw may be cited for all purposes as the "Town of Gibsons Zoning Bylaw No. 1342, 2025," the "Zoning Bylaw," or the "Bylaw." 1.1.3. Repeals 1. "Town of Gibsons Zoning Bylaw No. 1065, 2007" and amendments thereto, is hereby repealed. 2. On February 1, 2028, Section 7.1.2.3 of the Town of Gibsons Zoning Bylaw No. 1342, 2025 is repealed. 1.1.4. Contents 1. The contents of this Bylaw include: 1. TITLE, CONTENTS AND ZONING MAP ............................................................................... 1-2 1.1. TITLE AND CONTENTS ................................................................................................................ 1-2 1.1.1. Preface ...................................................................................................................... 1-2 1.1.2. Title ............................................................................................................................ 1-2 1.1.3. Repeals ...................................................................................................................... 1-2 1.1.4. Contents .................................................................................................................... 1-2 1.2. ZONING MAP ........................................................................................................................... 1-5 2. STANDARD ZONES ......................................................................................................... 2-1 2.1. LIST OF ZONES ......................................................................................................................... 2-1 2.2. RESIDENTIAL ZONES .................................................................................................................. 2-2 2.2.1. RL-1 - Low-Density Residential Zone ............................................................................ 2-2 2.2.2. RL-2 - Low-Density Residential Waterfront Zone ........................................................... 2-4 2.2.3. RM-1 - Medium-Density Residential Cluster and Townhouse Zone ................................. 2-6 2.2.4. RM-2 - Medium-Density Residential Lower Gibsons Zone .............................................. 2-7 2.2.5. RM-3 - Medium-Density Residential Upper Gibsons Zone .............................................. 2-9 2.2.6. RH-1 - High-Density Residential Zone ........................................................................ 2-11 2.3. COMMERCIAL ZONES ............................................................................................................... 2-13 1. Title, Contents and Zoning Map - 1.1 Title and Contents 1-3 1. Title, Contents and Zoning Map - 1.1 Title and Contents 1-3 2.3.1. CM-1 - Mixed-Use Commercial Lower Gibsons Zone .................................................. 2-13 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone .................................................. 2-15 2.3.3. CH - Harbour Commercial Zone ................................................................................ 2-18 2.3.4. CI-1 - Industrial Commercial Zone ............................................................................. 2-19 2.3.5. CI-2 - Industrial Commercial Transition Zone ............................................................. 2-21 2.3.6. CF - Future Commercial Zone ................................................................................... 2-23 2.4. INSTITUTIONAL ZONES .............................................................................................................. 2-24 2.4.1. PI-1 - Public Institutional Lower Gibsons Zone ............................................................ 2-24 2.4.2. PI-2 - Public Institutional Upper Gibsons Zone ............................................................ 2-26 2.4.3. PR - Parks and Recreation Zone ................................................................................. 2-28 2.4.4. PO - Conservation and Open Space Zone................................................................... 2-29 2.5. AGRICULTURAL ZONE ............................................................................................................... 2-30 2.5.1. AG - Agricultural Zone ............................................................................................... 2-30 3. GENERAL REGULATIONS ................................................................................................ 3-1 3.1. SITING & BUILDINGS ................................................................................................................. 3-1 3.1.1. Buildings Per Lot ......................................................................................................... 3-1 3.1.2. General Location and Siting of Buildings or Structures ................................................... 3-1 3.1.3. Siting Exceptions ........................................................................................................ 3-1 3.1.4. Height Exceptions ....................................................................................................... 3-1 3.2. AGRICULTURAL LAND RESERVE (ALR) ............................................................................................3-3 3.3. DEVELOPMENT IN AREAS SUBJECT TO FLOODING .............................................................................. 3-4 3.4. LANDSCAPING & SCREENING ...................................................................................................... 3-5 3.4.1. Fences, Retaining Walls and Landscape Screens ......................................................... 3-5 3.4.2. Landscape Policy........................................................................................................ 3-5 3.5. VEHICLES & ACCESS ................................................................................................................. 3-6 3.5.1. Parking of Commercial and Recreational Vehicles, and Storage of Boats ....................... 3-6 3.5.2. Derelict Vehicles, Boats, Aircraft, and Machinery .......................................................... 3-6 3.5.3. Driveway Accesses Near Intersections ......................................................................... 3-6 3.6. ACCESSORY BUILDINGS & FEATURES ............................................................................................. 3-7 3.6.1. Accessory Buildings Combined with Principal Buildings ................................................ 3-7 3.6.2. Number of Accessory Buildings ................................................................................... 3-7 3.6.3. Height of Accessory Buildings ...................................................................................... 3-7 3.6.4. Size of Accessory Buildings ......................................................................................... 3-7 3.6.5. Siting of Accessory Buildings ....................................................................................... 3-7 3.6.6. Siting of Garages ......................................................................................................... 3-7 3.6.7. Garages and Carports on Steep Slopes ........................................................................ 3-7 3.6.8. Siting of Swimming Pools............................................................................................. 3-8 3.7. RESIDENTIAL DEVELOPMENTS ...................................................................................................... 3-9 3.7.1. Dwelling Units in Basements ....................................................................................... 3-9 3.7.2. Community Care ........................................................................................................ 3-9 3.7.3. Home Occupations ..................................................................................................... 3-9 3.7.4. Short-Term Rentals ..................................................................................................... 3-10 3.8. USES PERMITTED AND USES PROHIBITED IN ALL ZONES ...................................................................... 3-11 3.8.1. Uses Permitted in All Zones ......................................................................................... 3-11 3.8.2. Uses Prohibited in All Zones ........................................................................................ 3-11 4. PARKING REGULATIONS ................................................................................................. 4-1 4.1. PARKING REGULATIONS ............................................................................................................. 4-1 1. Title, Contents and Zoning Map - 1.1 Title and Contents 1-4 1. Title, Contents and Zoning Map - 1.1 Title and Contents 1-4 4.1.1. Off-Street Parking and Loading Use .............................................................................. 4-1 4.1.2. Voluntary Establishment of Parking Spaces .................................................................. 4-1 4.1.3. Location of Required Off-Street Parking ........................................................................ 4-1 4.1.4. Alternate Parking Provisions ........................................................................................ 4-1 4.1.5. Number of Required Off-Street Parking Spaces ............................................................. 4-3 4.1.6. Access to Parking ....................................................................................................... 4-5 4.1.7. Small Car Parking ....................................................................................................... 4-5 4.1.8. Visitor Parking ............................................................................................................. 4-5 4.1.9. Design Standards for Parking Spaces and Maneuvering Aisles ....................................... 4-5 4.1.10. Parking Spaces for Persons with Physical Disabilities .................................................. 4-7 4.1.11. Lots or Buildings with Mixed Uses............................................................................... 4-9 4.1.12. Provision of Electric Vehicle Charging Infrastructure ................................................... 4-9 4.1.13. Off-Street Loading Space Requirements ................................................................... 4-10 4.1.14. Landscaping and Screening of Off-Street Parking and Loading Spaces ....................... 4-11 4.1.15. Provision of Off-Street Bicycle Parking Spaces .......................................................... 4-11 4.1.16. Number of Required Bicycle Parking Spaces ............................................................. 4-13 4.1.17. Number of Required Mobility Scooter Parking Spaces ............................................... 4-14 4.1.18. Cycling End-of-Trip Facilities ................................................................................... 4-15 5. VIEW PROTECTION AREA REGULATIONS ......................................................................... 5-1 5.1. APPLICATION AND INTENT ........................................................................................................... 5-1 5.2. VIEW PROTECTION SUB-AREAS MAP ............................................................................................. 5-2 5.3. SUB-AREA A ........................................................................................................................... 5-3 5.4. SUB-AREA B ........................................................................................................................... 5-3 5.5. SUB-AREA C ........................................................................................................................... 5-3 5.6. SUB-AREA D ........................................................................................................................... 5-4 5.7. SUB-AREA E ........................................................................................................................... 5-4 6. DEFINITIONS .................................................................................................................. 6-1 6.1. USE DEFINITIONS ..................................................................................................................... 6-1 6.2. GENERAL DEFINITIONS .............................................................................................................. 6-4 7. ADMINISTRATIVE AND INTERPRETATIVE CLAUSES ........................................................... 7-1 7.1. BASIC PROVISIONS ................................................................................................................... 7-1 7.1.1. Application ................................................................................................................. 7-1 7.1.2. Location and Boundaries of Zone ................................................................................. 7-1 7.1.3. Restriction of Uses ...................................................................................................... 7-1 7.1.4. Non-Conforming Use .................................................................................................. 7-1 7.1.5. Lot Width .................................................................................................................... 7-1 7.2. INTERPRETATION ...................................................................................................................... 7-2 7.2.1. Interpretation ............................................................................................................. 7-2 7.3. ENFORCEMENT ........................................................................................................................ 7-2 7.3.1. Inspection .................................................................................................................. 7-2 7.3.2. Offence ...................................................................................................................... 7-2 7.3.3. Penalties .................................................................................................................... 7-2 7.3.4. Notice of Violation and Order to Remedy ...................................................................... 7-2 7.4. ENACTMENT ............................................................................................................................ 7-3 8. RECORD OF AMENDMENTS ............................................................................................. 8-1 9. COMPREHENSIVE DEVELOPMENT ZONES ....................................................................... 9-1 9.1.1. CDA-1 - Comprehensive Development Area 1 Zone ...................................................... 9-1 1. Title, Contents and Zoning Map - 1.2 Zoning Map 1-5 1. Title, Contents and Zoning Map - 1.2 Zoning Map 1-5 1.2. Zoning Map 2. Standard Zones - 2.1 List of Zones 2-1 2. Standard Zones - 2.1 List of Zones 2-1 2. Standard Zones 2.1. List of Zones 1. The Town is hereby divided into the following named zones and their short form equivalent: Zone Titles Short Form Low-Density Residential Zone Low-Density Residential Waterfront Zone Medium-Density Residential Cluster and Townhouse Zone Medium-Density Residential Lower Gibsons Zone Medium-Density Residential Upper Gibsons Zone High-Density Residential Zone Mixed-Use Commercial Lower Gibsons Zone Mixed-Use Commercial Upper Gibsons Zone Harbour Commercial Zone Industrial Commercial Zone Industrial Commercial Transitional Zone Future Commercial Zone Public Institutional Lower Gibsons Zone Public Institutional Upper Gibsons Zone Parks and Recreation Zone Conservation and Open Space Zone Agricultural Zone Comprehensive Development Area Zones (Part 9) RL-1 RL-2 RM-1 RM-2 RM-3 RH-1 CM-1 CM-2 CH CI-1 CI-2 CF PI-1 PI-2 PR PO AG CDA 2. Standard Zones - 2.2 Residential Zones 2.2.1. RL-1 - Low-Density Residential Zone 2-2 2. Standard Zones - 2.2 Residential Zones 2.2.1. RL-1 - Low-Density Residential Zone 2-2 2.2. Residential Zones 2.2.1. RL-1 - Low-Density Residential Zone 1. Intent 1.1. The intent of the Low-Density Residential Zone (RL-1) is to allow a variety of low- density, ground-oriented residential uses at a scale compatible with heritage building forms. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Residential 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Home Occupation 2.2.3. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Prohibited Uses 3.1. Docks, piers, and wharves are not permitted as an Accessory Use. 4. Density 4.1. On Lots with a Lot Area less than or equal to 280 m2, the maximum number of Dwelling Units is three. 4.2. On Lots with a Lot Area greater than 280 m2, the maximum number of Dwelling Units is four. 4.3. The maximum Gross Floor Area (GFA) for a Dwelling Unit developed without any other Dwelling Units as part of the same Building is 325 m2. 4.4. The maximum Dwelling Units permitted in a Building is four. 5. Site and Building Regulations 5.1. For the portion of the Lot located within 7.5 m from the Rear Lot Line, the maximum Building Height is 6.5 m. For all other areas of the Lot, the maximum Building Height is 8.5 m. 5.2. The maximum Building Longitudinal Axis is 20 m. 5.3. The maximum Lot Coverage is 50%. 5.4. The minimum Setback from North Road is 5 m. 5.5. The minimum Front Lot Line Setback is 5 m. 5.6. The minimum Rear Lot Line Setback when there is no rear Lane is 3.5 m. 5.7. The minimum Rear Lot Line Setback when there is a rear Lane is 1.5 m. 5.8. The minimum Interior Side Lot Line Setback is 1.5 m. 5.9. The minimum Exterior Side Lot Line Setback is 3 m. 2. Standard Zones - 2.2 Residential Zones 2.2.1. RL-1 - Low-Density Residential Zone 2-3 2. Standard Zones - 2.2 Residential Zones 2.2.1. RL-1 - Low-Density Residential Zone 2-3 5.10. Where one or more Dwelling Units are located on a corner Lot at the intersection of two Streets, and where those Dwelling Units are set back from the Lot lines abutting both Streets, by a distance equal to or greater than the Setback from a Front Lot Line prescribed in that zone, then the rear Setback for that Building may be reduced to that required from an Exterior Side Lot Line. 6. Parking Regulations 6.1. Parking regulations are found in Part 4 of the Bylaw. 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3 Section 3.4 of the Bylaw. 8. Subdivision Requirements 8.1. The minimum Lot Area is 280 m2. 8.2. The minimum Lot Depth is 25 m. 8.3. The minimum Lot Width for an interior Lot with a rear Lane is 10 m. 8.4. The minimum Lot Width for a corner Lot with a rear Lane is 12 m. 8.5. The minimum Lot Width for an interior Lot with no rear Lane is 13 m. 8.6. The minimum Lot Width for a corner Lot with no rear Lane is 15 m. 8.7. Despite section 8.1, the minimum Lot Area is 8 hectares for the following properties: 8.7.1. BLOCK 8 PLAN VAP2987 DISTRICT LOT 689 (PID: 013-265-164) - Civic Address: 939 Reed Road 8.7.2. BLOCK 9 PLAN VAP2987 DISTRICT LOT 689 (PID: 013-265-172) 8.7.3. BLOCK C PLAN VAP2987 DISTRICT LOT 689 (PID: 013-265-202) 2. Standard Zones - 2.2 Residential Zones 2.2.2. RL-2 - Low-Density Residential Waterfront Zone 2-4 2. Standard Zones - 2.2 Residential Zones 2.2.2. RL-2 - Low-Density Residential Waterfront Zone 2-4 2.2.2. RL-2 - Low-Density Residential Waterfront Zone 1. Intent 1.1. The intent of the Low-Density Residential Waterfront Zone (RL-2) is to allow a variety of low-density, ground-oriented residential uses adapted to the terrain of the waterfront. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Residential 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Home Occupation 2.2.3. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Prohibited Uses 3.1. Docks, piers, and wharves are not permitted as an Accessory Use. 4. Density 4.1. On Lots with a Lot Area less than or equal to 280 m2, the maximum number of Dwelling Units is three. 4.2. On Lots with a Lot Area greater than 280 m2, the maximum number of Dwelling Unit is four. 4.3. The maximum Gross Floor Area (GFA) for a Dwelling Unit developed without any other Dwelling Units as part of the same Building is 325 m2 5. Site and Building Regulations 5.1. The maximum Building Height is 4.5 m as measured from the Average Grade of the portion of sidewalk or pavement on Marine Drive or Marine Crescent fronting the uphill side of the Lot. 5.2. The maximum Building Longitudinal Axis is 20 m. 5.3. The maximum Lot Coverage is 75%. 5.4. The minimum Front Lot Line Setback is 1.5 m. 5.5. The minimum Rear Lot Line Setback when there is no rear Lane is 2 m. 5.6. The minimum Interior Side Lot Line Setback is 1.5 m. 5.7. The minimum Exterior Side Lot Line Setback is 3 m. 5.8. Where one or more Dwelling Unit are located on a corner Lot at the intersection of two Streets, and where those Dwelling Unit are set back from the Lot lines abutting both Streets, by a distance equal to or greater than the Setback from a Front Lot Line prescribed in that zone, then the rear Setback for that Building may be reduced to that required from an Exterior Side Lot Line. 2. Standard Zones - 2.2 Residential Zones 2.2.2. RL-2 - Low-Density Residential Waterfront Zone 2-5 2. Standard Zones - 2.2 Residential Zones 2.2.2. RL-2 - Low-Density Residential Waterfront Zone 2-5 6. Parking Regulations 6.1. Parking regulations are found in Part 4 of the Bylaw. 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3 Section 3.4 of the Bylaw. 8. Subdivision Requirements 8.1. The minimum Lot Area is 250 m2. 8.2. The minimum Lot Depth is 15 m. 8.3. The minimum Lot Width for an interior Lot with a rear Lane is 10 m. 8.4. The minimum Lot Width for a corner Lot with a rear Lane is 12 m. 8.5. The minimum Lot Width for an interior Lot with no rear Lane is 13 m. 8.6. The minimum Lot Width for a corner Lot with no rear Lane is 15 m. 2. Standard Zones - 2.2 Residential Zones 2.2.3. RM-1 - Medium-Density Residential Cluster and Townhouse Zone 2-6 2. Standard Zones - 2.2 Residential Zones 2.2.3. RM-1 - Medium-Density Residential Cluster and Townhouse Zone 2-6 2.2.3. RM-1 - Medium-Density Residential Cluster and Townhouse Zone 1. Intent 1.1. The intent of the Medium-Density Residential Cluster and Townhouse Zone (RM-1) is to allow medium-density cluster development and townhouses. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Residential, limited to Cluster Housing and Townhouses. 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Home Occupation 2.2.3. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Density 3.1. The maximum density is 50 Dwelling Units per hectare rounded down to the nearest whole number. The maximum density may be increased to 75 Dwelling Units per hectare to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 3.2. The minimum Amenity Area per Dwelling Unit is 10 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 10 m. 4.2. The maximum Building Height may be increased to 16 m to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 4.3. The maximum Lot Coverage is 65%. 4.4. The minimum Front Lot Line Setback is 3 m. 4.5. The minimum Rear Lot Line Setback is 1.5 m. 4.6. The minimum Interior Side Lot Line Setback is 1.5 m. 4.7. The minimum Exterior Side Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 6. Landscape Regulations 6.1. Landscaping and screening regulations are found in Part 3 Section 3.4 of the Bylaw. 7. Subdivision Requirements 7.1. The minimum Lot Area is 1000 m2. 7.2. The minimum Lot Depth is 25 m. 7.3. The minimum Lot Width is 25 m. 2. Standard Zones - 2.2 Residential Zones 2.2.4. RM-2 - Medium-Density Residential Lower Gibsons Zone 2-7 2. Standard Zones - 2.2 Residential Zones 2.2.4. RM-2 - Medium-Density Residential Lower Gibsons Zone 2-7 2.2.4. RM-2 - Medium-Density Residential Lower Gibsons Zone 1. Intent 1.1. The intent of the Medium-Density Residential Lower Gibsons Zone (RM-2) is to allow medium-density residential uses with building heights of up to four storeys. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Residential, limited to Cluster Housing, Townhouses, and Apartments. 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Home Occupation 2.2.3. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Density 3.1. The maximum density is 75 Dwelling Units per hectare rounded down to the nearest whole number. The maximum density may be increased to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 3.2. The minimum Amenity Area per Dwelling Unit is 10 m2. 3.3. The maximum number of Dwelling Units is 69 on the following Lots: 3.3.1. 421, 427, 431, 437, and 445 Gower Point Road, Legal Description: Lots 5, 6, 7, and 8, Block A, District Lot 685, Plan VAP5579 4. Site and Building Regulations 4.1. The maximum Building Height is 10 m. 4.2. The maximum Building Height is 16 m on the following Lots: 4.2.1. 421, 427, 431, 437, and 445 Gower Point Road, Legal Description: Lots 5, 6, 7, and 8, Block A, District Lot 685, Plan VAP5579 4.3. The maximum Building Height may be increased to 16 m to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 4.4. The maximum Lot Coverage is 65%. 4.5. The minimum Front Lot Line Setback is 3 m. 4.6. The minimum Rear Lot Line Setback is 1.5 m. 4.7. The minimum Interior Side Lot Line Setback is 1.5 m. 4.8. The minimum Exterior Side Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 6. Landscape Regulations 6.1. Landscaping and screening regulations are found in Part 3 Section 3.4 of the Bylaw. 2. Standard Zones - 2.2 Residential Zones 2.2.4. RM-2 - Medium-Density Residential Lower Gibsons Zone 2-8 2. Standard Zones - 2.2 Residential Zones 2.2.4. RM-2 - Medium-Density Residential Lower Gibsons Zone 2-8 7. Subdivision Requirements 7.1. The minimum Lot Area is 1000 m2. 7.2. The minimum Lot Depth is 25 m. 7.3. The minimum Lot Width is 25 m. 2. Standard Zones - 2.2 Residential Zones 2.2.5. RM-3 - Medium-Density Residential Upper Gibsons Zone 2-9 2. Standard Zones - 2.2 Residential Zones 2.2.5. RM-3 - Medium-Density Residential Upper Gibsons Zone 2-9 2.2.5. RM-3 - Medium-Density Residential Upper Gibsons Zone 1. Intent 1.1. The intent of the Medium-Density Residential Upper Gibsons Zone (RM-3) is to allow medium-density residential uses and limited accessory commercial uses on corner lots in Upper Gibsons, with building heights of up to four storeys. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Residential, limited to Cluster Housing, Townhouses, and Apartments. 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.2.3. Home Occupation 2.2.4. Retail 2.2.5. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-Specific Regulations 3.1. The maximum combined Gross Floor Area for Food and Beverage and Retail Uses is 50 m2. 3.2. Food and Beverage and Retail Uses are permitted on a corner Lot and must be located on the ground floor of the Principal Building. 4. Density 4.1. The maximum density is 100 Dwelling Units per hectare, rounded down to the nearest whole number. The maximum density may be increased to 149 Dwelling Units per hectare facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 4.2. The minimum Amenity Area per Dwelling Unit is 10 m2. 5. Site and Building Regulations 5.1. The maximum Building Height is 15 m. 5.2. The maximum Lot Coverage is 75%. 5.3. The minimum Setback from Highway 101, North Road, and abutting Lots zoned RL-1 or RL-2 is 5 m. 5.4. The minimum Front Lot Line Setback is 3 m. 5.5. The minimum Rear Lot Line Setback is 1.5 m. 5.6. The minimum Interior Side Lot Line Setback is 1.5 m. 5.7. The minimum Exterior Side Lot Line Setback is 3 m. 6. Parking Regulations 6.1. Parking regulations are found in Part 4 of the Bylaw. 2. Standard Zones - 2.2 Residential Zones 2.2.5. RM-3 - Medium-Density Residential Upper Gibsons Zone 2-10 2. Standard Zones - 2.2 Residential Zones 2.2.5. RM-3 - Medium-Density Residential Upper Gibsons Zone 2-10 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 8. Subdivision Requirements 8.1. The minimum Lot Area is 1000 m2. 8.2. The minimum Lot Depth is 25 m. 8.3. The minimum Lot Width is 25 m. 2. Standard Zones - 2.2 Residential Zones 2.2.6. RH-1 - High-Density Residential Zone 2-11 2. Standard Zones - 2.2 Residential Zones 2.2.6. RH-1 - High-Density Residential Zone 2-11 2.2.6. RH-1 - High-Density Residential Zone 1. Intent 1.1. The intent of the High-Density Residential Zone (RH-1) is to allow high-density residential uses near transit and services in Upper Gibsons, with limited accessory commercial uses and building heights of up to six storeys. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Residential, limited to Townhouses and Apartments. 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.2.3. Home Occupation 2.2.4. Retail 2.2.5. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. The maximum combined Gross Floor Area for Food and Beverage and Retail Uses is 100 m2. 3.2. Food and Beverage and Retail Uses must be located on the ground floor of the Principal Building. 4. Density 4.1. The maximum density is 150 Dwelling Units per hectare, rounded down to the nearest whole number. The maximum density may be increased to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 4.2. The minimum amenity area per Dwelling Unit is 10 m2. 5. Site and Building Regulations 5.1. The maximum Building Height is 15 m. The maximum density may be increased to 20 m to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 5.2. The maximum Lot Coverage is 80%. 5.3. The minimum Front Lot Line Setback is 3 m. 5.4. The minimum Rear Lot Line Setback is 1.5 m. 5.5. The minimum Interior Side Lot Line Setback is 1.5 m. 5.6. The minimum Exterior Side Lot Line Setback is 3 m. 6. Parking Regulations 6.1. Parking regulations are found in Part 4 of the Bylaw. 2. Standard Zones - 2.2 Residential Zones 2.2.6. RH-1 - High-Density Residential Zone 2-12 2. Standard Zones - 2.2 Residential Zones 2.2.6. RH-1 - High-Density Residential Zone 2-12 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 8. Subdivision Requirements 8.1. The minimum Lot Area is 1000 m2. 8.2. The minimum Lot Depth is 25 m. 8.3. The minimum Lot Width is 25 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.1. CM-1 - Mixed-Use Commercial Lower Gibsons Zone 2-13 2. Standard Zones - 2.3 Commercial Zones 2.3.1. CM-1 - Mixed-Use Commercial Lower Gibsons Zone 2-13 2.3. Commercial Zones 2.3.1. CM-1 - Mixed-Use Commercial Lower Gibsons Zone 1. Intent 1.1. The intent of the Mixed-Use Commercial Lower Gibsons Zone (CM-1) is to create active commercial street and seawalk frontages and support economic vitality in Lower Gibsons, with residential opportunity above or below the ground floor, and with building heights of up to two storeys from the street level. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Arts and Culture 2.1.2. Entertainment and Recreation 2.1.3. Food and Beverage 2.1.4. Hotel 2.1.5. Office 2.1.6. Residential 2.1.7. Retail 2.1.8. Service Commercial 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Home Occupation 2.2.3. Microbrewery 2.2.4. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Site Specific Principal Uses 2.3.1. Institutional is permitted on the following Lots: 2.3.1.1. Lot C, Block 22, District Lot 685, Plan VAP4856 2.4. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. Residential Uses must be located above, below, or behind a Commercial Use facing a Street. 4. Density 4.1. The maximum density is 75 Dwelling Units per hectare, rounded down to the nearest whole number. 4.2. The minimum Amenity Area per Dwelling Unit is 10 m2. 5. Site and Building Regulations 5.1. The maximum Building Height is 7.5 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.1. CM-1 - Mixed-Use Commercial Lower Gibsons Zone 2-14 2. Standard Zones - 2.3 Commercial Zones 2.3.1. CM-1 - Mixed-Use Commercial Lower Gibsons Zone 2-14 5.2. The maximum Building Height for Lots along the north side of Marine Drive is 7.5 m, measured from the Average Natural Grade at the Marine Drive property line. 5.3. The maximum Building Height for lots along the south side of Marine Drive is 4.5 m, measured from the Average Natural Grade at the Marine Drive property line. 5.4. The maximum Building Height is 10 m on the following Lots: 5.4.1. 529 Gibsons Way, Legal Description: Lot 22, Block 2, District Lot 686, Plan VAP3307 5.4.2. 721 Winn Road, Legal Description: Lot 3, District Lot 685, Plan VAP4060 5.4.3. 385 Gower Point Road, Legal Description: Lot 1, Block A, District Lot 686, Plan VAP14197 5.4.4. 397 Gower Point Road, Legal Description: Lot 1, Block A, District Lot 685, Plan VAP5579 5.4.5. 444 Gower Point Road, Legal Description: Lot 18, Block 4&9, District Lot 685, Plan VAP7013 5.4.6. 473 Gower Point Road, Legal Description: Lot C, Block 22, District Lot 685, Plan VAP4856 5.4.7. 505 Gower Point Road, Legal Description: Lot A, Block 16, District Lot 685, Plan VAP7109 5.5. The maximum Lot Coverage is 90%. 5.6. The minimum Front Lot Line Setback is 1.5 m. 5.7. The minimum Rear Lot Line Setback is 1.5 m. 5.8. The minimum Interior Side Lot Line Setback is 0 m when the abutting Lot is not in a residential zone. 5.9. The minimum Interior Side Lot Line Setback is 1.5 m when the abutting Lot is in a residential zone. 5.10. The minimum Exterior Side Lot Line Setback is 1.5 m. 6. Parking Regulations 6.1. Parking regulations are found in Part 4 of the Bylaw. 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 8. Subdivision Requirements 8.1. The minimum Lot Area is 235 m2. 8.2. The minimum Lot Depth is 7.5 m. 8.3. The minimum Lot Width is 30 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 2-15 2. Standard Zones - 2.3 Commercial Zones 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 2-15 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 1. Intent 1.1. The intent of the Mixed-Use Commercial Upper Gibsons Zone (CM-2) is to create active commercial streets and support economic vitality by encouraging a mix of commercial uses on the ground floor or above, complemented by residential use above, with building heights of four to six storeys. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Arts and Culture 2.1.2. Entertainment and Recreation 2.1.3. Food and Beverage 2.1.4. Gas Station, subject to section 3.2 of this zone. 2.1.5. Hotel 2.1.6. Microbrewery 2.1.7. Office 2.1.8. Residential, limited to Townhouses and Apartments. 2.1.9. Retail 2.1.10. Service Commercial 2.1.11. Veterinary Services 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Business Services 2.2.3. Home Occupation 2.2.4. Short-Term Rental, subject to regulations in Part 3 Section 3.7.4. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. Residential Uses must be located above, below or behind a Commercial Use facing a Street. 3.2. Gas Stations are only permitted in the following lots: 3.2.1. 883 Gibsons Way, Legal Description: Lot P Plan VAP20757 District Lot 1328. 3.2.2. 900 Gibsons Way, Legal Description: Lot 1 Block C Plan VAP16817 District Lot 689. 3.2.3. 1012 Seamount Way, Legal Description: Lot 54 Block 1-4 Plan VAP 18824 District Lot 689. 4. Density 4.1. The maximum density is 150 Dwelling Unit per hectare, rounded down to the nearest whole number. The maximum density may be increased to facilitate 2. Standard Zones - 2.3 Commercial Zones 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 2-16 2. Standard Zones - 2.3 Commercial Zones 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 2-16 additional housing, provided that a housing agreement is in place with the Town of Gibsons. 4.2. The minimum Amenity Area per Dwelling Unit is 10 m2. 5. Site and Building Regulations 5.1. The maximum Building Height is 15 m. 5.2. Notwithstanding 2.3.2.5.5.1 above, the maximum Building Height is 10 m on the following lots: 5.2.1. 682 Gibsons Way, Legal Description: Lot 86, Block 7, District Lot 688, Plan VAP14641 5.2.2. 670 Crucil Road, Legal Description: Lot 86, Block 7, District Lot 686, Plan VAP14641 5.2.3. 689 Gibsons Way, Legal Description: Lot 14, Block 2, District Lot 686, Plan VAP4303 5.2.4. 697 Gibsons Way, Legal Description: Lot 4, Block 2, District Lot 686, Plan VAP7759 5.2.5. 699 Gibsons Way, Legal Description: Lot 4, Block 2, District Lot 686, Plan VAP7759 5.2.6. 707 Gibsons Way, Legal Description: Lot 1, Block 2, District Lot 686, Plan VAP7759 5.2.7. 746 North Road, Legal Description: Lot C, Block 4, District Lot 688, Plan VAP17237 5.2.8. 771 Gibsons Way, Legal Description: Lot D, Block 2, District Lot 686, Plan VAP20785 5.3. The maximum Building Height may be increased to 20 m to facilitate additional housing, provided that a housing agreement is in place with the Town of Gibsons. 5.4. The maximum Lot Coverage is 80%. 5.5. The minimum Setback from any Lot line abutting Highway 101 or North Road is 5 m. 5.6. The minimum Front Lot Line Setback is 3 m. 5.7. The minimum Rear Lot Line Setback is 1.5 m. 5.8. The minimum Interior Side Lot Line Setback is 0 m when the abutting Lot is not in a residential zone. 5.9. The minimum Interior Side Lot Line Setback is 1.5 m when the abutting Lot is in a residential zone. 5.10. The minimum Exterior Side Lot Line Setback is 3 m. 6. Parking Regulations 6.1. Parking regulations are found in Part 4 of the Bylaw. 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3 Section 3.4 of the Bylaw. 2. Standard Zones - 2.3 Commercial Zones 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 2-17 2. Standard Zones - 2.3 Commercial Zones 2.3.2. CM-2 - Mixed-Use Commercial Upper Gibsons Zone 2-17 8. Subdivision Requirements 8.1. The minimum Lot Area is 235 m2. 8.2. The minimum Lot Depth is 7.5 m. 8.3. The minimum Lot Width is 30 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.3. CH - Harbour Commercial Zone 2-18 2. Standard Zones - 2.3 Commercial Zones 2.3.3. CH - Harbour Commercial Zone 2-18 2.3.3. CH - Harbour Commercial Zone 1. Intent 1.1. The intent of the Harbour Commercial Zone (CH) is to allow commercial uses that support marine activities and commercial enterprises that serve the public, and support fishing and water-based transportation activities. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Business Services 2.1.2. Food and Beverage 2.1.3. Manufacturing 2.1.4. Marine Services 2.1.5. Office 2.1.6. Parking Lot 2.1.7. Retail 2.1.8. Service Commercial 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. One Houseboat is permitted per Lot as an accessory to Marine Services Use. 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Site and Building Regulations 3.1. The maximum Building Height is 7.5 m. 3.2. The maximum Lot Coverage is 80%. 3.3. The minimum Front Lot Line Setback is 7.5 m. 3.4. The minimum Rear Lot Line Setback is 9 m. 3.5. The minimum Interior Side Lot Line Setback is 3 m. 3.6. The minimum Exterior Side Lot Line Setback is 3 m. 4. Parking Regulations 4.1. Parking regulations are found in Part 4 of the Bylaw. 5. Landscape Regulations 5.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 6. Subdivision Requirements 6.1. The minimum Lot Area is 1000 m2. 6.2. The minimum Lot Depth is 30 m. 6.3. The minimum Lot Width is 30 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.4. CI-1 - Industrial Commercial Zone 2-19 2. Standard Zones - 2.3 Commercial Zones 2.3.4. CI-1 - Industrial Commercial Zone 2-19 2.3.4. CI-1 - Industrial Commercial Zone 1. Intent 1.1. The intent of the Industrial Commercial Zone (CI-1) is to allow industrial and commercial uses, including manufacturing and material supply to the public and to other businesses. Retail sales, except wholesales, are limited in size to ensure that the principal uses are service- and logistics-oriented. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Automotive Services 2.1.2. Business Services 2.1.3. Manufacturing 2.1.4. Marine Services 2.1.5. Office 2.1.6. Veterinary Services 2.1.7. Warehousing 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.2.3. Retail 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. The maximum total Gross Floor Area permitted for Retail Use is 1000 m2. 3.2. The maximum total Gross Floor Area permitted for Food and Beverage Use is 1000 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 12 m. 4.2. The maximum Lot Coverage is 80%. 4.3. The minimum Front Lot Line Setback is 6 m. 4.4. The minimum Rear Lot Line Setback is 3 m. 4.5. The minimum Interior Side Lot Line Setback is 3 m. 4.6. The minimum Exterior Side Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 6. Landscape Regulations 6.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 2. Standard Zones - 2.3 Commercial Zones 2.3.4. CI-1 - Industrial Commercial Zone 2-20 2. Standard Zones - 2.3 Commercial Zones 2.3.4. CI-1 - Industrial Commercial Zone 2-20 7. Subdivision Requirements 7.1. The minimum Lot Area is 1100 m2. 7.2. The minimum Lot Depth is 30 m. 7.3. The minimum Lot Width is 30 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.5. CI-2 - Industrial Commercial Transition Zone 2-21 2. Standard Zones - 2.3 Commercial Zones 2.3.5. CI-2 - Industrial Commercial Transition Zone 2-21 2.3.5. CI-2 - Industrial Commercial Transition Zone 1. Intent 1.1. The intent of the Industrial Commercial Transition Zone (CI-2) is to allow industrial and commercial uses in industrial areas that are transitioning to commercial areas. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Automotive Services 2.1.2. Arts and Culture 2.1.3. Business Services 2.1.4. Entertainment and Recreation 2.1.5. Manufacturing 2.1.6. Marine Services 2.1.7. Microbrewery 2.1.8. Office 2.1.9. Service Commercial 2.1.10. Veterinary Services 2.1.11. Warehousing 2.1.12. Retail 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. The maximum total Gross Floor Area permitted for Retail Use is 1000 m2. 3.2. The maximum total Gross Floor Area permitted for Food and Beverage Use is 1000 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 12 m. 4.2. The maximum Lot Coverage is 80%. 4.3. The minimum Front Lot Line Setback is 6 m. 4.4. The minimum Rear Lot Line Setback is 3 m. 4.5. The minimum Interior Side Lot Line Setback is 3 m. 4.6. The minimum Exterior Side Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 2. Standard Zones - 2.3 Commercial Zones 2.3.5. CI-2 - Industrial Commercial Transition Zone 2-22 2. Standard Zones - 2.3 Commercial Zones 2.3.5. CI-2 - Industrial Commercial Transition Zone 2-22 6. Landscape Regulations 6.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 7. Subdivision Requirements 7.1. The minimum Lot Area is 1100 m2. 7.2. The minimum Lot Depth is 30 m. 7.3. The minimum Lot Width is 30 m. 2. Standard Zones - 2.3 Commercial Zones 2.3.6. CF - Future Commercial Zone 2-23 2. Standard Zones - 2.3 Commercial Zones 2.3.6. CF - Future Commercial Zone 2-23 2.3.6. CF - Future Commercial Zone 1. Intent 1.1. The intent of the Future Commercial Zone (CF) is to allow limited commercial and residential uses in areas that are reserved for future mixed-use commercial developments. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Business Services 2.1.2. Service Commercial 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Residential, limited to 1 Dwelling Unit 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. The maximum total Gross Floor Area permitted for Residential Use is 325 m2. 3.2. The maximum total Gross Floor Area permitted for Business Services is 1500 m2. 3.3. The maximum total Gross Floor Area permitted for Service Commercial is 1500 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 8.5 m. 4.2. The maximum Lot Coverage is 50%. 4.3. The minimum Front Lot Line Setback is 6 m. 4.4. The minimum Rear Lot Line Setback is 3 m. 4.5. The minimum Interior Side Lot Line Setback is 3 m. 4.6. The minimum Exterior Side Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 6. Landscape Regulations 6.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 7. Subdivision Requirements 7.1. The minimum Lot Area is 6 hectares. 7.2. The minimum Lot Depth is 30 m. 7.3. The minimum Lot Width is 30 m. 2. Standard Zones - 2.4 Institutional Zones 2.4.1. PI-1 - Public Institutional Lower Gibsons Zone 2-24 2. Standard Zones - 2.4 Institutional Zones 2.4.1. PI-1 - Public Institutional Lower Gibsons Zone 2-24 2.4. Institutional Zones 2.4.1. PI-1 - Public Institutional Lower Gibsons Zone 1. Intent 1.1. The intent of the Public Institutional Lower Gibsons Zone (PI-1) is to allow a mix of community-oriented uses, including educational, cultural, recreational, public administration, and health and safety services, as well as rental residential development at a scale compatible with heritage building forms. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Arts and Culture 2.1.2. Health Services 2.1.3. Institutional 2.1.4. Office 2.1.5. Residential 2.1.6. Parks and Recreation 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.2.3. Home Occupation 2.2.4. Retail 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. Residential Uses are permitted only in the form of Residential Rental Tenure provided that a housing agreement is in place with the Town of Gibsons. 3.2. The maximum total Gross Floor Area permitted for Retail Uses is 50 m2. 3.3. The maximum total Gross Floor Area permitted for Food and Beverage Uses is 50 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 9 m. 4.2. The maximum Lot Coverage is 80%. 4.3. The minimum Front Lot Line Setback is 3 m. 4.4. The minimum Interior Side Lot Line Setback is 1.5 m. 4.5. The minimum Exterior Side Lot Line Setback is 1.5 m. 4.6. The minimum Rear Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 2. Standard Zones - 2.4 Institutional Zones 2.4.1. PI-1 - Public Institutional Lower Gibsons Zone 2-25 2. Standard Zones - 2.4 Institutional Zones 2.4.1. PI-1 - Public Institutional Lower Gibsons Zone 2-25 6. Subdivision Requirements 6.1. The minimum Lot Area is 1000 m2. 6.2. The minimum Lot Width is 30 m. 6.3. Minimum Lot Depth is 30 m. 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 2. Standard Zones - 2.4 Institutional Zones 2.4.2. PI-2 - Public Institutional Upper Gibsons Zone 2-26 2. Standard Zones - 2.4 Institutional Zones 2.4.2. PI-2 - Public Institutional Upper Gibsons Zone 2-26 2.4.2. PI-2 - Public Institutional Upper Gibsons Zone 1. Intent 1.1. The intent of the Public Institutional Upper Gibsons Zone (PI-2) is to allow a mix of community-oriented uses, including educational, cultural, recreational, public administration, and health and safety services, as well as rental residential development in Upper Gibsons. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Arts and Culture 2.1.2. Health Services 2.1.3. Institutional 2.1.4. Office 2.1.5. Residential 2.1.6. Parks and Recreation 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.2.3. Home Occupation 2.2.4. Retail 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Use-specific Regulations 3.1. Residential is permitted with a height of up to 20m only in the form of Residential Rental Tenure provided that a housing agreement is in place with the Town of Gibsons. 3.2. The maximum total Gross Floor Area permitted for Retail Uses is 50 m2. 3.3. The maximum total Gross Floor Area permitted for Food and Beverage Uses is 50 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 15 m, unless subject to section 2.4.2.3.1. 4.2. The maximum Lot Coverage is 80%. 4.3. The minimum Front Lot Line Setback is 3 m. 4.4. The minimum Interior Side Lot Line Setback is 1.5 m. 4.5. The minimum Exterior Side Lot Line Setback is 1.5 m. 4.6. The minimum Rear Lot Line Setback is 3 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 2. Standard Zones - 2.4 Institutional Zones 2.4.2. PI-2 - Public Institutional Upper Gibsons Zone 2-27 2. Standard Zones - 2.4 Institutional Zones 2.4.2. PI-2 - Public Institutional Upper Gibsons Zone 2-27 6. Subdivision Requirements 6.1. The minimum Lot Area is 1000 m2. 6.2. The minimum Lot Width is 30 m. 6.3. Minimum Lot Depth is 30 m. 7. Landscape Regulations 7.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 2. Standard Zones - 2.4 Institutional Zones 2.4.3. PR - Parks and Recreation Zone 2-28 2. Standard Zones - 2.4 Institutional Zones 2.4.3. PR - Parks and Recreation Zone 2-28 2.4.3. PR - Parks and Recreation Zone 1. Intent 1.1. The intent of the Parks and Recreation Zone (PR) is to allow for public recreation, outdoor activities, sports, and community gatherings. 2. Permitted Uses 2.1. Principal Uses 2.1.1. Parks and Recreation 2.1.2. Conservation 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Food and Beverage 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Site and Building Regulations 3.1. The maximum Building Height is 10.5 m. 3.2. The minimum Front Lot Line Setback is 9 m. 3.3. The minimum Interior Side Lot Line Setback is 3 m. 3.4. The minimum Exterior Side Lot Line Setback is 3 m. 3.5. The minimum Rear Lot Line Setback is 9 m. 4. Landscape Regulations 4.1. Landscaping and screening regulations are found in Part 3, Section 3.4 of the Bylaw. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 2. Standard Zones - 2.4 Institutional Zones 2.4.4. PO - Conservation and Open Space Zone 2-29 2. Standard Zones - 2.4 Institutional Zones 2.4.4. PO - Conservation and Open Space Zone 2-29 2.4.4. PO - Conservation and Open Space Zone 1. Intent 1.1. The intent of the Conservation and Open Space Zone (PO) is to protect natural areas and ecosystems and provide public access to nature. Development is restricted to preserve ecological integrity, maintain biodiversity, and protect wildlife habitats. 2. Permitted Uses 2.1. Notwithstanding Part 3, Section 3.8.1 of the Bylaw, the following use is the only permitted use in the PO Zone: 2.1.1. Conservation 2. Standard Zones - 2.5 Agricultural Zone 2.5.1. AG - Agricultural Zone 2-30 2. Standard Zones - 2.5 Agricultural Zone 2.5.1. AG - Agricultural Zone 2-30 2.5. Agricultural Zone 2.5.1. AG - Agricultural Zone 1. Intent 1.1. The intent of the Agricultural Zone (AG) is to allow agricultural and limited residential uses on lands within the Agricultural Land Reserve (ALR). 2. Permitted Uses 2.1. Principal Uses 2.1.1. Agricultural 2.1.2. Residential 2.2. Accessory Uses 2.2.1. Accessory Buildings 2.2.2. Home Occupation 2.3. Uses permitted in all zones are listed in Part 3 Section 3.8.1. 3. Density 3.1. The maximum number of Dwelling Units is three. 3.2. The maximum total Gross Floor Area (GFA) for Residential is 600 m2. 4. Site and Building Regulations 4.1. The maximum Building Height is 10.5 m. 4.2. The maximum Lot Coverage is 25%. 4.3. The minimum Front Lot Line Setback is 10 m. 4.4. The minimum Interior Side Lot Line Setback is 10 m. 4.5. The minimum Exterior Side Lot Line Setback is 10 m. 4.6. The minimum Rear Lot Line Setback is 10 m. 5. Parking Regulations 5.1. Parking regulations are found in Part 4 of the Bylaw. 6. Subdivision Requirements 6.1. The minimum Lot Area is 20,240 m2. 3. General Regulations 3-1 3. General Regulations 3-1 3. General Regulations 3.1. Siting & Buildings 3.1.1. Buildings Per Lot 1. No Building or Structure shall be constructed, extended, altered or moved, nor any change in Use of land undertaken, so as to cause any existing Building or Structure on the same Lot to contravene the provisions of the Bylaw. 3.1.2. General Location and Siting of Buildings or Structures 1. No Building and Structure shall be sited closer to a Lot line than the Setback specified in this Bylaw. 2. A Building must not be located over a Lot line, except where a party wall separating two Dwelling Units is located on and parallel to an Interior Side Lot Line. 3.1.3. Siting Exceptions 1. Roof overhangs, eaves, gutters, canopies, sunlight control projections or balconies, where projecting beyond the face of a Principal Building and located at least 2.5 m above Finished Grade may be sited 1 m closer to a Front Lot Line, Rear Lot Line or Exterior Side Lot Line, and 0.6 m closer to an Interior Side Lot Line, than the Setback specified elsewhere in this Bylaw. 2. Porches, porticoes, steps and decks projecting beyond the face of a Principal Building may be sited 1 m closer to a Front Lot Line, Rear Lot Line or Exterior Side Lot Line, and 0.6 m closer to an Interior Side Lot Line, than the Setback specified elsewhere in this Bylaw. 3. Bay windows, chimneys, alcoves, and other minor architectural features projecting from the face of a Principal Building not exceeding 2.5 m each in length, nor together not covering more than 50% of the length of the section of the wall from which they project, may be sited 0.6 m closer to Lot lines than the setbacks specified elsewhere in this Bylaw. 4. Retaining walls may be sited within setbacks and areas subject to flooding when provided for the purpose of protecting sites from subsidence, erosion, and site stability; retaining walls may not be sited in areas subject to flooding or within setbacks if the purpose is not deemed to meet the aforementioned criteria or for aesthetic, privacy, or property demarcation purposes. 3.1.4. Height Exceptions 1. Certain features and equipment are exempt from the maximum Building Height otherwise permitted in this Bylaw, provided they meet the coverage limits below. 1.1. The following Structures are exempt from the Building Height limit: 1.1.1. Church steeples, cupolas, domes, and towers 1.1.2. Stair towers, elevator penthouses, hose towers, and stage towers 1.1.3. Mechanical and service equipment, including ventilating, cooling, and heating systems, water tanks, and solar panels 3. General Regulations 3-2 3. General Regulations 3-2 1.1.4. Wind turbines, antennae, aerials, flagpoles, chimneys, and transmission towers 1.1.5. Transparent guards, fire escapes, open trellises, shade structures, industrial silos, cranes, storage tanks, and rigging towers 1.2. Together, these features must not cover more than 20% of the Lot Area or 10% of the roof area of the Building on which they are located. 3. General Regulations 3-3 3. General Regulations 3-3 3.2. Agricultural Land Reserve (ALR) 1. For any Lot abutting the Agricultural Land Reserve, the minimum setback for a Building or Structure is 10 m from the ALR boundary. 3. General Regulations 3-4 3. General Regulations 3-4 3.3. Development in Areas Subject to Flooding 1. Any portion of a Building or Structure used for habitation shall be located: 1.1. At least 0.6 m above the 200-year flood level or 2 m above the natural boundary of the ocean or any waterbody or watercourse, whichever is higher; 1.2. At least 15 m from the natural boundary of the ocean; 1.3. At least 30 m from the natural boundary of Gibson Creek; 1.4. At least 15 m from the natural boundary of Charman and Chaster creeks; or 1.5. At least 5 m from the natural boundary of Goosebird and all other creeks. 2. The floor level elevation required under subsection (3.3.1.1) above may be achieved by landfill or structural elevation, but where landfill is used, the face of such landfill must be adequately protected against erosion. 3. The maximum height from the underside of floor joists to the floor below is a maximum of 1.8 m for crawlspaces before they become a basement. 4. Heating, ventilation, electrical equipment and switchgear are prohibited from being located below the floor level elevation required under subsection (3.3.1.1). 3. General Regulations 3-5 3. General Regulations 3-5 3.4. Landscaping & Screening 3.4.1. Fences, Retaining Walls and Landscape Screens 1. Subject to subsection (2) hereunder and to any applicable provisions of any other Bylaw in regard to fences adjacent to a public highway, fences and Landscape Screens, including hedges, not exceeding 1.5 m in height may be sited in any location on a Lot. 2. Fences and Landscape Screens, including hedges not exceeding 2.4 m in height, except as provided by subsection (3) hereunder, may be located anywhere on a Lot behind the Front Lot Line Setback for a Principal Building, except as otherwise provided in subsection (4). 3. Retaining Walls and landscaping having a height less than 1.2 m may be sited in any location on a Lot , provided that tiered landscape Retaining Walls must be separated by 1.2 m and limited to two tiers, or will be considered a single wall structure for height calculations. 4. Retaining Walls with a height greater than 1.2 m must meet Setbacks as provided in the zone. 5. On Lots zoned PR or PO, Fences and Landscape Screens, including hedges, not exceeding 3.5 m in height, may be located on any portion of a Lot, where the purpose of the Fence or Landscape Screen is to screen tennis courts and similar facilities. 6. On Lots zoned CI-1, CI-2, CM-1, CM-2 or CF, Fences and Landscape Screens, including hedges, not exceeding 3.5 m in height, may be located on the Lot behind the Front Lot Line Setback required for Principal Building, where the purpose of the Fence or Landscape Screen is to screen permitted accessory outdoor storage. 7. Corner Visibility and Sight Triangles: 7.1. A sight triangle is defined as the triangular area on a Lot formed by: 7.1.1. a line joining points 9 m from the intersection of two Streets, measured along the Front Lot Line and the Exterior Side Lot Line; or 7.1.2. a line joining points 6 m from the intersection of a Street and a Lane, measured along the Lot lines adjoining the Street and the Lane. 7.2. No Accessory Building or Structure, Fence, Landscape Screen, Retaining Wall, hedge, or other vegetation, shall be constructed, planted, or maintained so as to obstruct visibility between 1 m and 2 m in height above the adjacent road surface within a sight triangle. 7.3. Where a Street or Lane intersection is truncated, the measurements for the sight triangle shall be taken from the projected intersection point of the Lot lines. 3.4.2. Landscape Policy 1. Where a new Building is constructed, or an existing Building is altered or extended, the application for such work must include a "Landscape Plan" prepared by a Qualified Professional. 2. All portions of a Lot not occupied by a Building or Structure, driveways, parking and loading spaces and permitted accessory outdoor storage, must be landscaped and maintained. 3. General Regulations 3-6 3. General Regulations 3-6 3.5. Vehicles & Access 3.5.1. Parking of Commercial and Recreational Vehicles, and Storage of Boats 1. On any Lot zoned RL-1, RL-2, RM-1, RM-2, and RM-3: 1.1. no commercial vehicles shall be parked, other than for service or delivery calls, except for one commercial vehicle not exceeding 2.7 metric tonnes (3 tons) of gross vehicle weight, located within a Building, and not more than two commercial vehicles not exceeding 1.8 metric tonnes (2 tons) of gross vehicle weight, and used by residents of the Lot for personal transportation; 1.2. one Recreational Vehicle, not kept for Commercial Use and not longer than 10.5 m may be parked on a Lot; and, 1.3. one or more boats, not kept for Commercial Use and not longer than 10.5 m, may be stored on a Lot. 3.5.2. Derelict Vehicles, Boats, Aircraft, and Machinery 1. No wrecked, derelict, or abandoned motor vehicles, trailers, aircraft, machinery, boats, or components thereof shall be stored or parked on any Lot outside of a Building, except where otherwise permitted by this Bylaw. 3.5.3. Driveway Accesses Near Intersections 1. In any zone, where the Lot is adjacent to the intersection of two Street, or the intersection of a Street, and a Lane, any driveway must maintain a distance of not less than 7.5 m from its edge to the right-of-way of the intersecting Street, or Lane provided that, if the intersecting street, is Highway 101, then the length of such distance shall be increased to not less than 17 m. 3. General Regulations 3-7 3. General Regulations 3-7 3.6. Accessory Buildings & Features 3.6.1. Accessory Buildings Combined with Principal Buildings 1. Accessory Buildings and Structures on any Lot are only permitted where accessory to a Principal Building, on the same Lot, and where that Principal Building, already exists or is constructed simultaneously with such Accessory Building or Structure. 2. Accessory Buildings must not contain Dwelling Units. 3.6.2. Number of Accessory Buildings 1. Except in the AG zone, the maximum number of Accessory Building, and Structures permitted on a Lot is a total of 3. 3.6.3. Height of Accessory Buildings 1. Accessory Buildings have a maximum Building Height of 4 m. 3.6.4. Size of Accessory Buildings 1. Accessory Buildings and Structures in the RL-1 and RL-2 zones must not together cover more than 56 m2 of any Lot, and in all other zones must not together cover more than 10% of any Lot. 3.6.5. Siting of Accessory Buildings 1. Except as otherwise required by the regulations of the AG zone, all Accessory Buildings and Structures must be sited no closer to a Rear Lot Line than 1.5 m, and no closer than stipulated for Principal Building on the same Lot, to an Interior Side Lot Line, Exterior Side Lot Line, or Front Lot Line. 3.6.6. Siting of Garages 1. Where a Garage or carport is attached to, or located within 1.5 m of, a Principal Building, it must be located within the same setbacks required for the Principal Building. 3.6.7. Garages and Carports on Steep Slopes 1. Notwithstanding other siting and height provisions in Part 3 General Regulations, additional height and reduced setbacks for Garages and carports on steep slopes are allowable provided all the following conditions are met: 1.1. for the purposes of this section, a steep slope is present if the Average Natural Grade of the Lot is at least 13%; 1.2. the Building Height as measured from the centerline of the travelled surface of the abutting Street or Lane must not exceed 3.5 m; 1.3. the Garage or carport must have a floor area smaller than 56 m2, a width less than 6.8 m, and a length less than 10 m; and, 1.4. the Garage or carport must be sited as follows: 1.4.1. at least 1 m separate from a Principal Building 1.4.2. at least 1 m from front and rear property lines 3. General Regulations 3-8 3. General Regulations 3-8 1.4.3. not more than 2 m from front or rear property line 1.4.4. at least 1.5 m from an interior lot line 1.4.5. at least 3 m from an exterior lot line 1.4.6. on the downhill side of a Street or Lane 3.6.8. Siting of Swimming Pools 1. Swimming Pools, including apron areas, must be sited not less than: 1.1. 3 m from a Front Lot Line; and 1.2. 1.5 m from a Rear Lot Line or Interior Side Lot Line; 3. General Regulations 3-9 3. General Regulations 3-9 3.7. Residential Developments 3.7.1. Dwelling Units in Basements 1. A Dwelling Unit is not be permitted in any Basement unless at least 30% of the perimeter of such Dwelling Unit has an external wall, not more than 0.5 m below the average Finished Grade of the adjoining ground. 3.7.2. Community Care 1. Provided that a Dwelling Unit complies with all applicable enactments of the Province and of the Town regarding fire and health safety: 1.1. a community care facility licensed as a children's day care for not more than eight children is permitted in a Dwelling Unit; and, 1.2. a community care facility licensed as a residence for not more than ten persons, not more than six of whom are persons in care, is permitted in a Dwelling Unit with ground-oriented dedicated access in any residential zone, as an Accessory Use. 3.7.3. Home Occupations 1. Home Occupation is a permitted Accessory Use in any Dwelling Unit, subject to the following conditions: 1.1. a Home Occupation must not include vehicle repair or maintenance, body shops, metal fabrication, the sale of goods not produced on the premises, the production or sale of highly combustible products or Short-Term Rental; 1.2. a Home Occupation must not include outdoor storage of equipment, materials, containers or finished product; 1.3. a Home Occupation must not produce any vibration, noise, heat, glare, odours, air pollution or electrical interference discernible from the outside of the dwelling in which the Home Occupation is located; 1.4. no external indication must exist that a Dwelling Unit contains an accessory Home Occupation, except for a single sign not exceeding 0.3 m2 in area; 1.5. a Home Occupation must be conducted only by the residents in the Dwelling Unit to which the Home Occupation is accessory, and such Use shall not occupy more than 20% of the Gross Floor Area (GFA) of such Dwelling Unit; 1.6. not more than one vehicle, not exceeding 2.7 metric tonnes (3 tons) gross vehicle weight shall be used in the conduct of a home business, and if licensed for Commercial Use, shall be parked in accordance with Part 4 of this Bylaw; 1.7. a Home Occupation must not involve frequent arrivals or departures by vehicles for deliveries or customer or client visits; such movements shall be limited to no more than five per day; 1.8. a Town Business License is required for the conduct of any Home Occupation; and 1.9. not more than two home occupations are permitted on a property. 3. General Regulations 3-10 3. General Regulations 3-10 3.7.4. Short-Term Rentals 1. Short-Term Rentals are permitted in any zone that permits a Residential Use, subject to the following conditions: 1.1. Except in the Mixed-Use Commercial Lower Gibsons Zone (CM-1), Short-Term Rentals are only permitted in a Dwelling Unit that is Short-Term Rental Operator's Principal Residence, and for certainty, a person cannot have more than one Principal Residence. 1.2. Except in the Mixed-Use Commercial Lower Gibsons Zone (CM-1), the Short-Term Rental use of an entire Dwelling Unit where the Short-Term Rental Operator is not living in the unit during the guest stay, is only permitted for three months in a calendar year. 1.3. The Short-Term Rental use of part of a Dwelling Unit is permitted year-round so long as the Short-Term Rental Operator is living in the unit during the guest stay and is limited to no more than two Bedrooms at a time. 1.4. Short-Term Rental is not permitted in a Recreational Vehicle, motor vehicle, tent, boat or any other structure that is not a Dwelling Unit. 1.5. No external indication shall exist that a Dwelling Unit or portion thereof is used as a Short-Term Rental, except for a single sign not exceeding 0.3 m² in area. 1.6. Parking must be provided as indicated in a submitted parking plan that is in accordance with Section 4.1.5.3 of this bylaw. 1.7. A valid Town Business Licence is required for the conduct of any Short-Term Rental use. 1.8. No more than 35 Dwelling Units in the Town of Gibsons can be used for Short-Term Rentals where the Dwelling Unit is not the Principal Residence of the Short-Term Rental Operator. 3. General Regulations 3-11 3. General Regulations 3-11 3.8. Uses Permitted and Uses Prohibited in All Zones 3.8.1. Uses Permitted in All Zones 1. Public Utility ; 2. Street, Lane, or highway; 3. Community Care 4. Daycare; 5. Parks and Recreation; 6. Conservation and, 7. Emergency Services. 3.8.2. Uses Prohibited in All Zones 1. The Use of land, Buildings, or Structures for commercial agriculture, and the keeping of animals other than household pets is prohibited in all zones except the AG zone. 2. Any Use of land, Buildings, or Structures which produces malodorous, noxious or highly combustible matter, or generates discernible vibrations, loud noises, heat, glare, radiation or electrical interference, discernible beyond the Lot lines of the lot upon which such use is located, is prohibited in all zones. 3. The Use of land, Buildings, or Structures for a Cannabis Store is prohibited in all zones, except for the following property: 3.1. Unit 203-442 Marine Drive (Legal Description: LOT 3 BLOCKS D, H AND J DISTRICT LOT 686 PLAN 3971) 3.2. 1095 Sunshine Coast Hwy (Legal Description: LOT B (REFERENCE PLAN 4221) EXCEPT PART BCP24843 BLOCK 8 DISTRICT LOT 682 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 4779) 4. The Use of land, Buildings, or Structures for a Cannabis Consumption Lounge is prohibited in all zones. 5. The Use of land, Buildings, or Structures for Cannabis Production is prohibited in all zones, except in the Agricultural Land Reserve or where specifically permitted. 4. Parking Regulations 4-1 4. Parking Regulations 4-1 4. Parking Regulations 4.1. Parking Regulations 4.1.1. Off-Street Parking and Loading Use 1. All permitted Uses must be provided with the number of off-street, parking and loading spaces required under this Part 4 of this Bylaw, unless another number is stipulated in the regulations for a zone. A required Parking Space must not be used for the long-term storage of vehicles. 4.1.2. Voluntary Establishment of Parking Spaces 1. Where off-street Parking Spaces are provided exceeding the number required under this Part 4, the location, design, and operation of such additional parking must comply with the requirements of this Part 4. 4.1.3. Location of Required Off-Street Parking 1. All Parking Spaces required by this Part 4 must be located on the same Lot as the Use to which they are subordinate, except as permitted by subsection 4.1.3.2. 2. All or part of the Parking Spaces required by this Part 4 to serve a Use on a Lot may be located on a different Lot than the Lot on which such Use is located, provided that: 2.1. The Lot providing the required parking is within 100 m of the Lot containing the principal use; 2.2. The Lot providing the required parking is in the same zone as the lot containing the principal use or in a zone where Parking Lot is a principal permitted Use; 2.3. There is a registered restrictive covenant against the title of both Lots, in favour of the Town, and ensuring full compliance with the requirements of this Part 4; and, 2.4. Such parking meets all requirements of this Bylaw. 4.1.4. Alternate Parking Provisions 1. Limited Application 1.1. An alternate parking provision must not reduce the minimum required off-street Parking Spaces for: 1.1.1. Lots with three or fewer Dwelling Units; or, 1.1.2. Persons with a Disability in accordance with section 4.1.10 for any Use. 2. Car Share Vehicle and Parking 2.1. Where there are 50 or more residential units on a lot, the minimum vehicle parking requirement in section 4.1.5, not including visitor parking requirements, can be reduced by ten Parking Spaces per car share vehicle placement through a car-share organization. Onsite car-share spaces are counted to the overall parking count subject to the following regulations: 4. Parking Regulations 4-2 4. Parking Regulations 4-2 2.1.1. the maximum reduction in total required parking spaces by provision of one or more car shares is 20%; 2.1.2. the Shared Vehicle Parking Spaces must be located on-site or within 100 m of the subject property, in a highly visible spot, at-grade, publicly accessible at all times, clearly marked for the exclusive use of the shared vehicle and guaranteed to operate for a minimum of two years; 2.1.3. Where located on-site, the Shared Vehicle Parking Spaces and access to the space must be subject to any reciprocal access easements and other agreements required to ensure access to egress from and the right for the members of the car sharing service to use the Shared Vehicle Parking Space and the shared vehicle; 2.1.4. A car sharing service provided in respect of a reduction in required off-street Parking Space under subsection 2.1.1 shall: 2.1.4.1. Provide neighbourhood car-sharing services to its members by making Shared Vehicle available for short-term use for round trips only; 2.1.4.2. Have a membership generally open to a substantial segment of the population of the Town of Gibsons; and 2.1.4.3. Operate within the Town of Gibsons. 3. Payment-in-Lieu of Providing Parking Spaces 3.1. Where required Parking Spaces cannot or will not be provided on-site, the owner may, in lieu of providing such spaces, pay into the Town's Transportation Demand Management and Public Parking Reserve Fund the sum of Thirty Thousand Dollars ($30,000) per parking space required by this Bylaw in respect of the construction or alteration of a Building or a change of Use, subject to: 3.1.1. The development is located within the CM-1 zone, or within such other area as may be designated by Council as eligible for cash-in-lieu contributions. 3.1.2. Payment of the required amount shall be made prior to issuance of the Building Permit authorizing the construction of the building for which the parking would otherwise be required. 3.1.3. Funds collected under this section may be used by the Town to: 3.1.3.1. Acquire, construct, expand, or improve off-street public parking facilities, including surface or structured parking lots owned or operated by the Town; or 3.1.3.2. Secure, through lease, easement, or other legal agreement, publicly accessible parking spaces within private parking facilities, provided that such spaces are designated and signed for public use and maintained in accordance with terms approved by the Director; or 3.1.3.3. Provide or enhance alternative transportation infrastructure and programs that reduce private vehicle ownership or use, including but not limited to: 3.1.3.3.1. procurement and placement of car-share vehicles and dedicated on-street or off-street Shared Vehicle Parking Spaces; 4. Parking Regulations 4-3 4. Parking Regulations 4-3 3.1.3.3.2. provision of car-share memberships or credits for residents or employees of contributing developments; 3.1.3.3.3. establishment of shared-mobility hubs, wayfinding, secure bicycle parking, and end-of-trip facilities; and 3.1.3.3.4. implementation of supportive programs or infrastructure identified in Council-approved transportation plans. 3.1.4. Payment of the required monies by the owner, prior to issuance of a Building Permit authorizing the construction of the Building that would otherwise require the Parking Space. 4. Shared Parking Spaces 4.1. Where the peak use of Parking Spaces for two or more Uses on the same Lot or adjacent Lot occurs at different periods of time, and required parking for such Use is or may be shared, the total number of Parking Spaces required by section 4.1.5 for such Use may be reduced by no more than 25%, provided that the following requirements are met: 4.1.1. The types of Parking Spaces or Uses for shared parking spaces are visitor Parking Spaces, Retail, Office, and Institutional; 4.1.2. A written report has been submitted to the Town by a professional engineer experienced in parking matters, expressing the opinion that such reduction would not result in an increase in demand for the use of on-street Parking Spaces in the vicinity of the Uses in question; 4.1.3. A restrictive covenant in favour of the Town is registered against the title of the Lot or Lots concerned, limiting the use of the Lot to the Uses that have been determined to require the reduced number of Parking Space, including any relevant restrictions on the hours of operation of these Uses; and 5. Cumulative Reductions 5.1. Reductions permitted by subsections 4.1.4.2 and 4.1.4.4 are cumulative. 4.1.5. Number of Required Off-Street Parking Spaces 1. The minimum number of off-street Parking Spaces required for a Residential Use must be calculated with the following parking rates rounded up to the next full Parking Space: 4. Parking Regulations 4-4 4. Parking Regulations 4-4 Table 4.1.5.1 Parking Rates for Residential Use Section Multiple Dwelling Unit Type/Tenure Per Unit Parking Rate Unit Gross Floor Area 45 m2 or less Unit Gross Floor Area greater than 45 m2 T.1.1 Rental Housing 0.75 spaces per Dwelling Unit (DU) 0.9 spaces per DU T.1.2 Affordable Housing 0.5 spaces per DU 0.6 spaces per DU T.1.3 Townhouse 1.25 spaces per DU T.1.4 Small-scale, multi-unit housing in RL-1, RL-2, and RL-3 zones 1 or 2 DU require 2 spaces T.1.5 3 or 4 DUs require 3 spaces T.1.6 5 DUs require 4 spaces T.1.7 6 DUs require 5 spaces T.1.8 More than 6 DUs require 1 space per DU T.1.9 All other multiple dwellings 0.85 spaces per DU 1 space per DU 2. The minimum number of off-street Parking Spaces required for a non-residential use must be calculated with the following parking rates rounded up to the next full Parking Space. 'Floor area' in this section refers to Gross Floor Area (GFA): Table 4.1.5.2 Parking Rates for Non-residential Uses Section Use Parking Rate T.2.1 Hotel 1 space per room T.2.2 Health Services 1 space per 80 m2 floor area T.2.3 Community Care 1 space per 80 m2 floor area T.2.4 Arts and Culture 1 space per 6 seats or 1 space per 12 m2 of total assembly area T.2.5 Entertainment and Recreation 1 space per 20m2 floor area T.2.6 Food and Beverage 1 space per 10 m2 floor area T.2.7 Retail If floor area is less than 800 m2: 1 space per 50 m2 floor area If floor area is 800 m2 or greater: 1 space per 40 m2 floor area T.2.8 Office 1 space per 55 m2 floor area T.2.9 Service Commercial 1 space per 40 m2 floor area T.2.10 Veterinary Services 1 space per 40 m2 floor area T.2.11 Institutional 1 space per 80 m2 floor area T.2.12 Institutional for elementary or middle school 1 space per 150 m2 floor area T.2.13 Institutional for secondary school 1 space per 75 m2 floor area T.2.14 Marine Services 1 space per two berths or two moorings T.2.15 Business Services, Manufacturing, Microbrewery, Warehousing 1 space per 100 m2 floor area 4. Parking Regulations 4-5 4. Parking Regulations 4-5 3. The parking requirements for Short-Term Rentals are as follows: 3.1. One Parking Space must be provided for: 3.1.1. Each bedroom used as Short-Term Rental, up to a maximum requirement of 4 spaces; and 3.1.2. Each vehicle owned by the Short-Term Rental Operator that will be present during guest stays 4.1.6. Access to Parking 1. All required Parking Spaces, must have an access and egress driveway or driveways, connecting the maneuvering aisle or aisles giving access to Parking Spaces to a Street or Lane. 2. In Low-Density Residential (RL) zones, Parking Spaces may be Tandem Parking, provided that the two Parking Spaces serve the same dwelling unit, and visitor parking is not Tandem Parking. 3. Except in the Low Density Residential (RL) and Agricultural (AG) zones, driveways as required in 4.1.6.1 shall be not less than 3.5 m wide where used for one-way vehicular traffic, or 6 m wide where used for two-way vehicular traffic. 4.1.7. Small Car Parking 1. Of the total required number of Parking Spaces required on a Lot, up to 30% may take the form of "small car" Parking Spaces as described in section 4.1.9. 4.1.8. Visitor Parking 1. Visitor Parking Spaces required for a Residential Use must be conveniently located for visitor use and clearly marked "VISITOR PARKING." 2. Visitor Parking Spaces are required only for Residential Use with seven or more Dwelling Units, and are calculated in addition to the off-street Parking Spaces required in Section 4.1.5 3. Where required, Visitor Parking Spaces are to be provided at the minimum rates outlined in Table 4.1.8.3: Table 4.1.8.3 Visitor Parking Rates Section Dwelling Type Visitor Parking T.3.1 Townhouse 0.2 spaces per Dwelling Unit (DU) T.3.2 Rental Housing & Affordable Housing 0.05 spaces per DU T.3.3 Small-scale Multi-Unit Housing (SSMUH) No spaces required for 6 DUs or fewer T.3.4 0.2 spaces per DU for over 6 DU T.3.5 All Other Multiple Dwellings 0.1 spaces per DU 4. Visitor parking requirement calculations must be rounded up the nearest whole number. 4.1.9. Design Standards for Parking Spaces and Maneuvering Aisles 4. Parking Regulations 4-6 4. Parking Regulations 4-6 1. Required Parking Spaces and maneuvering aisles providing access to them must comply with the following minimum dimensions (Table 4.1.9.1, Figure 1), except in the Low Density Residential (RL) and Agricultural (AG) zones. Table 4.1.9.1 Parking Space and Maneuvering Aisles Dimensions Section Parking Angle In Degrees Width (A) Length (B) Depth to Curb (C) Aisle Width (D) Total Module (E) T.1.1 0° 2.7 m 7 m 2.6 m 3.6 m 8.8 m T.1.2 30° 2.7 m 5.8 m 5.2 m 3.6 m 14 m T.1.3 45° 2.7 m 5.8 m 5.9 m 4 m 15.8 m T.1.4 60° 2.7 m 5.8 m 6.3 m 5.6 m 18.2 m T.1.5 90° 2.7 m 5.8 m 5.8 m 7.6 m 19.2 m Figure 1. Angled Parking 4. Parking Regulations 4-7 4. Parking Regulations 4-7 2. Provided that where the parking angle is 60°, 45°, 30° or 180° (parallel), the corresponding aisle width in Table 4.1.9.1 is permitted where providing for one-way travel; for two-way traffic, the width of the aisle must be 6.1 m. 3. For small car Parking Spaces as permitted under section 4.1.7, Parking Spaces and the maneuvering aisles (Figure 1) providing access to them must comply with the following minimum dimensions: Table 4.1.9.3 Small Car Parking Space and Maneuvering Aisles Dimensions Section Parking Angle In Degrees Width (A) Length (B) Depth to Curb (C) Aisle Width (D) Total Module (E) T.3.1 0° 2.5m 5.4m 2.5m 3.6m 8.6m T.3.2 30° 2.5m 4.8m 4.8m 3.6m 13.2m T.3.3 45° 2.5m 4.8m 5 m 4 m 14 m T.3.4 60° 2.5m 4.8m 5.3m 5.6m 16.2m T.3.5 90° 2.5m 4.8m 4.8m 6.7m 16.3m 4. Where the length of a Parking Space or maneuvering aisle abuts a wall, the width of the space or aisle must be increased by 0.3 m to account for vehicle door swing space. 5. Non-parallel Parking Spaces located on a surface with a slope of 10% or greater must provide a curb stop, allowing a minimum overhang of at least 0.9 m. 6. Parking Spaces and maneuvering aisles must be paved with concrete asphalt, pavers, or similar pavement; permeable pavements shall be permitted provided they are compact, non-eroding, dust-free, graded and drained to dispose of surface water, and are not located on slopes of 10% or greater. 7. Each Parking Space must be delineated by painted lines; where such space is for visitor use or a small car space as required or permitted by sections 4.1.7 and 4.1.8, it shall be clearly marked "VISITOR SPACE" or "SMALL CAR SPACE", as the case may be, and where maneuvering aisles are intended for one-way vehicular circulation, they shall be marked with arrows and directional signage at entrances. 8. Lighting, with a full cut-off design, must be provided in surface parking lots. 4.1.10. Parking Spaces for Persons with Physical Disabilities 1. Accessible Parking Spaces must be sized and marked for the exclusive use of persons with physical disabilities 2. The following parking rates for accessible Parking Spaces must be provided for the following Uses: 4. Parking Regulations 4-8 4. Parking Regulations 4-8 Table 4.1.10.2 Parking Rates for Parking Spaces for Persons with Physical Disabilities Section Use Parking Rate T.2.1 Residential (with 7 or more Dwelling Units) One accessible Parking Space plus 0.034 accessible Parking Spaces per Dwelling Unit T.2.2 Non-Residential Uses One accessible Parking Space per development over 500 m2 GFA plus 0.040 accessible Parking Spaces for every additional 1000 m2 GFA T.2.3 Community Care A minimum of 15% of required vehicle Parking Spaces are required to be accessible T.2.4 Health Services A minimum of 15% of required vehicle Parking Spaces are required to be accessible 3. The first accessible Parking Space must be van accessible, and where more than 6 accessible Parking Spaces are required, an additional van accessible Parking Space must be provided at each multiple of 6 Parking Spaces. 4. In developments with a Residential Use where visitor Parking Spaces are required, 0.02 accessible visitor Parking Spaces per Dwelling Unit must be provided, plus 0.0042 spaces per Dwelling Unit for each additional visitor Parking Space. 5. All required accessible Parking Spaces and van accessible Parking Spaces must be provided on the same Lot as the Building or Use which they serve. 6. The grade of accessible Parking Spaces and van accessible Parking Spaces must not exceed 5% in any direction. 7. Where an accessible Parking Space or van accessible Parking Space is situated immediately adjacent to another accessible Parking Space or van accessible Parking Space, then the access aisle may be shared between the two spaces. 8. Accessible Parking Spaces (Figure 2): 8.1. Must have a minimum width of 3.4 m and length of 5.8 m, and an adjacent 1.5 m wide access aisle; 8.1.1. With an additional 0.3 m width where there is an obstruction on one side; 8.1.2. With an additional 0.6 m width where there is an obstruction on both sides; 8.1.3. Where van-accessible, a minimum clear height of 2.4 m and an access aisle 2.4 m wide are required. 8.2. Must be clearly marked on the pavement and by a vertically erected sign at the head of the space; and 4. Parking Regulations 4-9 4. Parking Regulations 4-9 8.3. Must be located so as to allow clear and convenient access to the use or uses for which accessory parking is being provided. 4.1.11. Lots or Buildings with Mixed Uses 1. In the case of Lots containing more than one Use for which parking is required, the total requirement for the Lot is the sum of the requirements of each individual Use calculated separately, and rounded up to the next full space for each individual Use, subject to the shared parking requirements calculated separately in accordance with section 4.1.5.4. 4.1.12. Provision of Electric Vehicle Charging Infrastructure 1. A parking area containing 10 or more parking spaces required by this Bylaw also requires one energized electrical outlet for every 10 required parking spaces, labeled for the use of electric vehicle charging and capable of providing Level 2 or higher charging for an electric vehicle. 2. Notwithstanding subsection 4.1.12.1, the following uses must have the following minimum percentage of energized electrical outlets and Level 2 or higher EV charging stations per Parking Space: Figure 2. Accessible Parking Requirements 4. Parking Regulations 4-10 4. Parking Regulations 4-10 Table 4.1.12.2 EV Parking Requirements for specific uses Section Class of Use Minimum Energized Electrical Outlets Minimum Level 2 EV Charging Stations T.2.1 Community Care 20% 5% T.2.2 Office 10% T.2.3 Food and Beverage 15% 5% T.2.4 Retail T.2.5 Service Commercial T.2.6 Veterinary Services T.2.7 Hotel 15% 5% T.2.8 Health Services T.2.9 Institutional T.2.10 Arts and Culture T.2.11 Entertainment and Recreation T.2.12 Business Services, Manufacturing, Microbrewery, Warehousing 10% 3. Where an Electric Vehicle Energy Management System is being used to manage infrastructure provided in compliance with this section 4.1.12, a report completed by a qualified professional confirming that the Electric Vehicle Management System provides a sufficient rate of electric vehicle charging shall be provided to the Town prior to the issuance of an Occupancy Permit for the building in respect of which the parking spaces and charging infrastructure are required. 4.1.13. Off-Street Loading Space Requirements 1. The minimum number of off-street loading spaces required is: 1.1. No loading space is required for developments with fewer than 2,500 m2 of Gross Floor Area (GFA) of non-residential uses or Residential Uses with less than 50 Dwelling Units. 1.2. One Class A loading space is required for developments with Residential Uses with 50 or more Dwelling Units. 1.3. One Class B loading space is required for developments with 2,500 m2 or more of Gross Floor Area (GFA) of non-residential uses. 2. The minimum dimensions for loading spaces required is: Table 4.1.13.2 Loading Space Minimum Dimensions Section Class A Loading Space Class B Loading Space Length Width Height Length Width Height T.2.1 5.5 m 2.7 m 2.3 m 9 m 3 m 3.8 m 4. Parking Regulations 4-11 4. Parking Regulations 4-11 3. Each loading space must have access from a Street, or Lane, and have sufficient additional maneuvering space such that use of the loading space does not occupy or block a Street, or Lane, or impinge upon required Parking Spaces. 4. All required off-street loading spaces must be provided with pavement that is durable and dust-free and curbing sufficient to protect adjacent areas from maneuvering vehicles. 5. All required off-street loading spaces must provide signage indicating that spaces are dedicated for loading purposes. 6. Class A loading spaces may be shared with required visitor Parking Spaces in Residential Uses, where minimum design requirements for a Class A loading space are met. 4.1.14. Landscaping and Screening of Off-Street Parking and Loading Spaces 1. Where required parking spaces are located in an underground structure or beneath a building and would otherwise be visible from the lot line, they must be screened from view by suitable landscaping or a landscape screen. 2. Where there are one hundred or more adjacent required off-street, parking spaces on a Lot, raised sidewalks, curbed planters, and landscape beds must be provided between every 10 parking stalls in a row or at the discretion of the approving authority to break up the apparent expanse of the parking area. 3. Except in the RL zones, a Landscape Screen must be provided and maintained along the portion of the perimeter of any unenclosed parking area or loading zone. 4.1.15. Provision of Off-Street Bicycle Parking Spaces 1. Class 1 Bicycle Parking Spaces required by this Bylaw must comply with the following requirements (Figure 3): 1.1. Class 1 Bicycle Parking Spaces shall be located at-grade, within sight of a building entry or elevator for the use or uses for which the bicycle parking spaces are being provided. 1.2. Class 1 Bicycle Parking Spaces shall be located within a water resistant and secure locker, room, or compound. A maximum of 40 bicycle parking spaces shall be located in each locker, room, or compound. 1.3. Class 1 Bicycle Parking Spaces shall be designed for bicycles to be placed horizontally or vertically in the bicycle parking spaces. 1.4. Class 1 Bicycle Parking Spaces shall be lighted with uniform 160 lux (min.) lighting which yields true colours. 1.5. Class 1 Bicycle Parking Spaces shall comply with the minimum dimensions indicated in the following table: 4. Parking Regulations 4-12 4. Parking Regulations 4-12 Table 4.1.15.1.5 Minimum Dimensions for Bicycle Parking Space Section Regulation Horizontal Bike Parking Space Vertical Bike Parking Space Inclusive Bike Parking T.1.5.1 Width 0.6 m 0.6 m 0.9 m T.1.5.2 Depth 1.8 m 1.2 m 3 m T.1.5.2 Vertical Clearance 2.1 m 2.1 m 2.1 m 1.6. A maximum of 33% of the required Class 1 Bicycle Parking Spaces may be designed for bicycles to be placed vertically such that the bicycle is suspended on the wheels or hung above ground. 1.7. A minimum of 10% of the required Class 1 Bicycle Parking Spaces must be inclusive bike parking; and, 1.8. Class 1 Bicycle Parking Spaces shall be located within lockers that have lockable doors which open to the full height and width of each locker and have the minimum dimensions indicated in the following table: Table 4.1.15.1.8 Minimum Dimensions for Bicycle Lockers Section Length Width End Width at Door End Width Opposite Door T.1.8.1 1.8 m 1.2 m 0.6 m 0.2 m 2. Class 2 Bicycle Parking Spaces required by this Bylaw must comply with the following requirements: Figure 3. Minimum dimensions for Bicycle Parking 4. Parking Regulations 4-13 4. Parking Regulations 4-13 2.1. Class 2 Bicycle Parking Spaces shall be located within 15 m and sight of a principal building entry for the use or uses for which the bicycle parking spaces are being provided; 2.2. Class 2 Bicycle Parking Spaces shall be in a well-lit location; 2.3. Class 2 Bicycle Parking Spaces shall be provided in racks made of sturdy, theft- resistant material and securely anchored to the floor or ground and designed to support the bicycle frame, not the wheels, and allow both the frame the front wheel to be locked to the rack with a U-style lock; and, 2.4. Class 2 Bicycle Parking Spaces shall be situated far enough from obstructions (walls, other bicycle racks, landscaping) to allow unencumbered access to all bicycle spaces at full capacity; and, 2.5. A minimum of 1 of the required Class 2 Bicycle Parking Spaces must be inclusive bike parking. 4.1.16. Number of Required Bicycle Parking Spaces 1. The minimum number of off-street bicycle parking spaces required for a Residential Use must be calculated with the following parking rates rounded up to the next full bicycle parking space: Table 4.1.16.1 Bike Parking Rates for Residential Use Section Residential Use Bike Parking Rate T.1.1 6 Dwelling Units or fewer No requirement T.1.2 Rental Housing Class 1 1 per Dwelling Unit T.1.3 Class 2 6 spaces per Building T.1.4 Affordable Housing Class 1 1 per Dwelling Unit T.1.5 Class 2 6 spaces per Building T.1.6 All Other Residential Class 1 1.25 per Dwelling Unit T.1.7 Class 2 6 spaces per Building 2. The minimum number of off-street bicycle parking spaces required for a non-residential Use must be calculated with the following parking rates rounded up to the next full bicycle parking space. 'Floor area' in this section refers to Gross Floor Area (GFA): 4. Parking Regulations 4-14 4. Parking Regulations 4-14 Table 4.1.16.2 Bike Parking Rates for Non-residential Uses Section Use Bike Parking Rate T.2.1 Manufacturing, Microbrewery, Warehousing, Hotel, Health Services, and Entertainment and Recreation Class 1 1 space per 500 m2 floor area T.2.2 Class 2 1 space per 100 m2 floor area T.2.3 Retail, Office, Food and Beverage or Service Commercial Class 1 1 space per 250 m2 floor area T.2.4 Class 2 6 spaces per building T.2.5 Arts and Culture Class 1 1 space per 400 m2 floor area T.2.6 Class 2 1 space per 100 m2 floor area T.2.7 Institutional Class 1 1 space per 500 m2 floor area T.2.8 Class 2 1 space per 100 m2 floor area T.2.9 Institutional for elementary or secondary schools Class 1 1 space for each 3 staff members; 2 spaces for each 10 students T.2.10 Class 2 Elementary: 2 spaces for each 10 students Secondary: 3 spaces for each 10 students T.2.11 Institutional for college Class 1 1 space for each 4 staff members, plus 1 space for each 10 students T.2.12 Class 2 1 space for each 10 students 4.1.17. Number of Required Mobility Scooter Parking Spaces 1. The minimum number of mobility scooter parking spaces required must be calculated with the following parking rates rounded up to the next full mobility scooter parking space: Table 4.1.17.1 Bike Parking Rates for Non-residential Uses Section Use Mobility Scooter Parking Rate T.1.1 Residential (senior housing) 2 spaces per Building; plus 1 additional space per 25 parking spaces T.1.2 Hotel and Entertainment and Recreation 2 spaces per Building T.1.3 Health Services 4 spaces per Building T.1.4 Retail, Office , Food and Beverage or Service Commercial 2 spaces per Building T.1.5 Arts and Culture 2 spaces per Building 1.1. Mobility scooter parking spaces shall be no less than 1 m wide and 1.5m long. 1.2. Mobility scooter parking spaces shall be located adjacent to the primary building entrance and must not impede pedestrian access to the building or sidewalk. 1.3. Mobility scooter parking spaces shall be secured and located within 2 m of a 110V outlet. 4. Parking Regulations 4-15 4. Parking Regulations 4-15 4.1.18. Cycling End-of-Trip Facilities 1. The minimum number of required cycling end-of-trip facilities is: Table 4.1.18.1 Minimum Cycling End-of-Trip Facilities Requirements Section End-of-Trip Facility Water Closet 1 Wash Basin 2 Shower facility 3 Bicycle Repair Station 4 Clothing Locker 5 Residential Use T.1.1 with fewer than 30 Dwelling Units No end of trip facilities required T.1.2 with 30 or more Dwelling Units 0 0 0 1 0 T.1.3 Hotel 0 0 0 1 0 All Other Uses Requirements based on required number of Class 1 Bicycle Parking Spaces: T.1.4 5 or fewer 0 0 0 0 1.25 times the number of required Class 1 Bicycle Parking spaces T.1.5 6-10 0 1 1 1 T.1.6 11-20 0 2 2 1 T.1.7 21-30 0 3 3 1 T.1.8 31-40 2 4 4 2 T.1.9 For each additional 30 or part thereof 2 additional 2 additional 2 additional 1 additional 2. Cycling end-of-trip facilities shall be provided in a common area and be located no more than 50m from the Class 1 Bicycle Parking Space area. 1 Water closet - a room or compartment containing a toilet and associated privacy provisions 2 Wash basin - a sink for washing hands and face, and a facility for grooming consisting of a countertop, mirror and electrical outlet 3 Shower facility - a room or compartment containing one or more showers, intended for use by cyclists or pedestrians 4 Bicycle repair station - a publicly accessible station or kit equipped with basic bicycle repair tools, a bicycle pump, and a bicycle stand 5 Clothing locker - a secure, enclosed compartment provided for the temporary storage of personal items or clothing 5. View Protection Area Regulations 5-1 5. View Protection Area Regulations 5-1 5. View Protection Area Regulations 5.1. Application and Intent 1. Within the area shown on the View Protection Sub-Areas Map, Lots within this boundary must follow the Building Height and Setback regulations as set out in this section. Where the regulations of this Part differ from the Setback and Building Height regulations of the listed zones, the provisions of this Part shall take precedence within the area shown on View Protection Sub-Area Map. 5. View Protection Area Regulations 5-2 5. View Protection Area Regulations 5-2 5.2. View Protection Sub-Areas Map 5. View Protection Area Regulations 5-3 5. View Protection Area Regulations 5-3 5.3. Sub-Area A 1. The maximum Building Height is 7.5 m as measured from the Average Grade of the portion of the property line on Molly's lane. 5.4. Sub-Area B 1. The maximum Building Height is 7 m as measured from the Average Natural Grade of the property line on the uphill side of the site and the building must be contained within an envelope defined by a series of lines drawn vertically from Natural Grade, at the seaward property line, to a height of 6.5 m, thence inward over the building at an angle of 45o to the plane of the building face as seen in the figure below. 2. The Building Longitudinal Axis of any Building, measured at or above an elevation of 1m above the natural grade of the property line on Gower Point Rd, must not exceed 30m. 5.5. Sub-Area C 1. For the portion of a Lot located within 20 m of the property line along Periwinkle Lane, the maximum Building Height is 5.5 m, as measured from the Average Natural Grade of the segment of the property line on Periwinkle Lane. 2. For the portion of a Lot located within 10 m of the property line along Gower Point Road, the maximum Building Height is 7.5 m, as measured from the Average Natural Grade of the segment of the property line on Gower Point Road. 3. For all other areas of the Lot, the maximum Building Height is 8.5 m. 5. View Protection Area Regulations 5-4 5. View Protection Area Regulations 5-4 5.6. Sub-Area D 1. The maximum Building Height is 4.5 m as measured from the Average Natural Grade of the property line fronting Gibsons Way. 2. The minimum Lot Line Setback from Jack's Lane is 0 m. 5.7. Sub-Area E 1. For RL-1 Zone Lots, the portion of the Lot located within 7.5 m from the Rear Lot Line, the maximum Building Height is 4.5 m. 6. Definitions 6-1 6. Definitions 6-1 6. Definitions 6.1. Use Definitions Accessory Building means a subordinate Building located on the same Lot as a Principal Building or Use, the use of which is customarily incidental to the Principal Building or use. Agricultural means a Use providing for the growing, rearing, cultivating, producing, and harvesting of agricultural products; including the storage and sale on an individual farm of the products harvested, reared or produced on that farm, and the storage of farm machinery, implements and supplies, and repair to farm machinery and implements, used on that farm; specifically excludes all manufacturing, processing, storage and repairs not specifically included in this definition. Arts and Culture means the Use of land, Buildings or Structures, for the purpose of artistic and cultural activities. This Use includes, art galleries, theatres, museums, libraries, community centres, heritage sites, meeting halls, and conference facilities. Automotive Services means the Use of land, Buildings or Structures, for the retail sale, lease, or rental of motor vehicles and recreational vehicles, the sale of motor fuels, lubricants, parts and accessories, and the servicing and repair of vehicles. Business Services means the Use of land, Buildings or Structures, for the provision of services primarily to commercial, industrial, or institutional businesses. Typical uses include research and testing laboratories, media production studios, recycling and recovery facilities, rental and repair of tools and industrial equipment, sale and servicing of industrial supplies, storage, and wholesaling operations. Excludes retail sales to the general public, personal services, and professional offices. Cannabis Consumption Lounge means the Use of land, Buildings or Structures where cannabis products of any type are consumed. Cannabis Production means the Use of land, Buildings or Structures, for the growing, production, processing, destruction, storage or distribution of cannabis, but does not include a Cannabis Store. Cannabis Store means the Use of land, Buildings or Structures licenced under provincial regulations, for the retail sale of cannabis products. Community Care means the Use of land, Buildings or Structures, for providing for the care of persons in premises licensed under the Community Care and Assisted Living Act. Conservation means the Use of land for conservation, preservation, and/or restoration of natural areas and ecosystems. This use includes landscape buffers and trails for appropriate passive recreation activities. 6. Definitions 6-2 6. Definitions 6-2 Daycare means the Use of land, Buildings or Structures, for providing care for children, including an opportunity for social, emotional, physical and intellectual growth, which is licensed under the Child Care Regulations made pursuant to the Provincial Childcare Licensing Regulations. Entertainment and Recreation means the Use of land, Buildings or Structures for leisure, amusement, athletic, or cultural activities, whether operated on a commercial or non- profit basis, and may include facilities for spectators or participants. Typical Uses include indoor or outdoor theatres, cinemas, concert halls, amusement arcades, bowling alleys, fitness or sports centres, dance halls, skating rinks, swimming pools, arenas, and similar places of entertainment, exercise, or recreation. Excludes adult entertainment establishments and casinos. Emergency Services means the Use of land, Buildings or Structures, for the purpose of providing urgent response to public safety needs. This Use includes ambulance stations, police stations, and fire stations. Food and Beverage means the Use of land, Buildings or Structures, for the preparation, sale, take-out, and consumption of food or beverages that may be served within the Principal Building or at outdoor seating. This does not include Microbreweries. Gas Station means the Use of land, Buildings or Structures, for the retail sale of fuel and lubricants for motor vehicles. A Gas Station may include fuel pumps, storage tanks, and offer additional services such as car washes, convenience stores, and minor vehicle repairs. Health Services means the Use of land, Buildings or Structures for the purpose of providing medical, dental, therapeutic, and residential health services. This Use includes but is not limited to hospitals, nursing homes, and senior care facilities. Home Occupation means an occupation, profession, or craft carried out as an Accessory Use within a Dwelling Unit, or in an Accessory Building to a Dwelling Unit, by a resident on the Lot. Hotel means the Use of land, Buildings or Structures for the principal commercial purpose of providing temporary accommodation to the traveling or vacationing public in guest rooms accessed from a common lobby or corridor, and may include accessory restaurants, meeting rooms, recreational facilities, and staff residences. Houseboat means a boat which is or can be moored for use as a Dwelling Unit. Institutional means the Use of land, Buildings or Structures for the purpose of providing community, educational, religious, cultural, social, health or government services to the public, including but not limited to Health Services, municipal buildings, schools, and funeral homes and mortuaries. 6. Definitions 6-3 6. Definitions 6-3 Manufacturing means the Use of land, Buildings or Structures, for fabrication, processing, assembly, treating, preparing, inspecting, altering, adapting, or finishing of materials or things in order to produce finished goods or components thereof. Marine Services means the Use of land, Buildings or Structures for the servicing, sale, maintenance, repair, or storage of boats, marine engines, or marine equipment. This Use includes the sale and storage of marine fuel and marine-related product, the development of wharves, piers, and docks, and the provision of services with boat charters, water taxis, and passenger ferries. Microbrewery means the Use of land, Buildings or Structures, licensed by the Liquor Control and Licensing Branch, for the brewing, distilling, and bottling of beers, ales, ciders, and spirits. Office means the Use of land, Buildings or Structures, or part thereof, for the conduct and administration of a business, practice of a profession or conduct of public administration; includes financial institutions and other business offices; professional offices; and government offices including post offices, libraries, and health administration offices. Parking Lot means the Use of land, Buildings or Structures for the purpose of providing parking spaces to the general public. Parks and Recreation means the Use of land, Buildings or Structures for the purpose of public leisure and/or outdoor activities. This Use includes playgrounds, parks, community gardens, and indoor and outdoor sports facilities. Public Utility means a Use providing essential servicing within the Town, including water, sewer, storm water facilities, pumping station, treatment plant, traffic controls, electrical, geo-exchange infrastructure, gas, cable, internet, telephone, lamp standards, directional or parking signs, bus shelters, and similar services established by the Town or a corporation operating under the Utilities Commission Act. Retail means the Use of land, Buildings or Structures, for public sales of goods, wares, merchandise, or things; includes retail stores, supermarkets, auction rooms, nurseries for the sale of plant materials and bakery shops, but does not include service stations or the sale of vehicles. Residential means the Use of land, Buildings or Structures, for the provision of housing consisting of one or more Dwelling Units in a Building. Service Commercial means the Use of land, Buildings or Structures for the provision of personal, household, or business services to the public, and may include accessory retail sales directly related to such services. Typical uses include personal service shops such as barber shops, beauty salons, tanning and massage studios; fitness centres; repair or servicing of household goods, electronics, furniture, bicycles and locks; commercial schools or studios providing instruction in trades, business, languages, arts, dance, music, or driving; laundromats and dry-cleaning establishments; tailoring, 6. Definitions 6-4 6. Definitions 6-4 dressmaking and shoe repair shops; printing, photocopying and business support services; restaurants, cafés and coffee shops; and studios or offices for media, broadcasting and telecommunications services. Excludes motor vehicle service stations, car washes, industrial repair operations, and any manufacturing or processing uses. Short-Term Rental means the Accessory Use of a Dwelling Unit, or a portion of a Dwelling Unit, for the accommodation of paying guests, but is not a Residential Tenancy. Veterinary Services means a facility where animals are given medical, surgical, or dental treatment by a licensed veterinarian, and may include related boarding of animals in short-term care in connection with treatment. Warehousing means the Use of land, Buildings or Structures for the receipt, indoor storage, distribution, and delivery of goods and merchandise; may include sales at wholesale not open to the general public. 6.2. General Definitions Access Route means a road which is not a Street or Lane, on common property in a Bare Land Strata, which provides access to strata Lot within that plan. Accessory Use means a Use subordinate in area, extent and purpose to, customarily incidental to, and aiding or contributing to, the Principal Use of the Lot upon which the Accessory Use is located. Affordable Housing means non-market housing subsidized for low-income households that is managed and operated by non-profit organizations, the Town of Gibsons, First Nations, or by the Provincial or Federal Governments. Agricultural Land Reserve (ALR) means the total of all agricultural land in British Columbia, as managed by the Agricultural Land Commission (ALC). Amenity Area means indoor and outdoor spaces that provide recreational, social, or leisure facilities. Examples of amenity areas might include gardens, playgrounds, fitness centers, lounges, or community rooms. Apartment means a Building containing three or more Dwelling Units, each having independent access from an interior corridor or common entrance, and typically arranged in multiple storeys. Apartments include shared facilities such as lobbies, lifts, and Amenity Areas. Bare Land Strata means a bare land strata plan as defined in the Strata Property Act. Basement means a space between two floors, the lower floor of which is more than 0.5 m but less than 1.5 m below the average Finished Grade at the perimeter of the Building. Bedroom means a room located within a Dwelling Unit that is used for sleeping. 6. Definitions 6-5 6. Definitions 6-5 Building means a Structure wholly or partly enclosed by a roof supported by walls, columns or air pressure, and used for the shelter or accommodation of persons, animals or property, but excludes tents and recreation vehicles. When a building is divided into parts by party walls located upon Lot lines, then each part so divided may, for the purposes of this Bylaw, be deemed a separate building for ownership purposes. Building Height means the vertical distance from Average Grade to: 1. the midpoint of the highest sloped roof plane for a pitched, hipped, or gambrel roof, or; 2. the highest point of the roof surface for a flat or mansard roof Building Longitudinal Axis means the longest distance that can be measured from the farthest and closest measurable points of a Building perpendicular to any Lot line. Any two Buildings separated by less than 3 m will be calculated as one Building in determining the Building Longitudinal Axis. 6. Definitions 6-6 6. Definitions 6-6 Class 1 Bicycle Parking Space means a bicycle rack space for the long-term parking of one bicycle. Class 2 Bicycle Parking Space means a bicycle rack space for the short-term parking of one bicycle. Cluster Housing means a group of detached, semi-detached, or townhouse-style Dwelling Units arranged in proximity on a single Lot, where individual units share common open space and access drives. Cluster Housing includes shared facilities such as Amenity Areas. Commercial Use means an occupation, employment or enterprise that is carried out for gain or monetary profit by any person or corporation. Cooking Facility means the main means of cooking a meal within a Dwelling Unit or Hotel unit, and includes gas, propane, or electric ranges or stoves, microwave ovens, counter-top cooking units, hot plates, wall ovens, toaster ovens, electric frying pans, pressure cookers, crock pots or any other such appliances, and includes the arrangement of service lines which provide the energy source being used or intended to be used to service such appliances. Crawlspace means a space between two floors, the lower floor of which is more than 1.8 m below the average Finished Grade at the perimeter of the Building. Dwelling Unit means a self-contained room or set of rooms, with a private entrance, that is designed and intended to be occupied as a residence, and includes, at a minimum, separate and distinct sleeping, sanitary and Cooking Facility. 6. Definitions 6-7 6. Definitions 6-7 Fence means a structure used as an enclosure, boundary or screen or all or part of a lot, but excludes retaining walls, hedges, trees, or other types of natural vegetation. Garage means a Building or Structure, or part thereof, used or designed to be used for the parking and storage of vehicles. Grade, Average in reference to a Building or Structure means the arithmetic average of Natural Grade elevations at the outside corners of a Building or Structure excluding exterior decks, patios, stairs, bay windows and other similar minor projections, and excluding corners formed by minor changes in wall planes. Grade, Average Natural of a property line or other defined line on a Lot means the arithmetic average of the Natural Grade elevations of the points where such property line or other defined line intersects other property lines of the lot. Grade, Finished means the elevation of the ground at any point adjoining the exterior wall of a Building or Structure. Grade, Natural means the natural level of the ground on a Lot, formed without human intervention. Where the lot has been subdivided from a parent parcel, and where the Approving Officer's conditions of approval include a grading plan, Natural Grade means the grade levels established by such a plan. Where Natural Grade has been obscured by excavation or filling, Natural Grade shall be deemed to be as determined by a registered land surveyor, based on the elevations at the corners of the lot and the topography of adjacent streets and lots. Gross Floor Area (GFA) means the sum of the horizontal areas of each Storey of a Building measured from the interior faces of the exterior walls. The measurement is exclusive of Basement areas, underground parking and unfinished attic space. In the case of apartments, public corridors, exit stairways, corridors, common amenity spaces, and Building mechanical systems are also excluded. In the case of congregate housing, communal dining and kitchen facilities are excluded. Habitable Space means rooms used for cooking, eating, sleeping, or human occupancy; excludes Garage areas and Crawlspaces. Highest Building Face means the Building plan elevation, of the major Building plan elevations, which has the greatest vertical distance between natural grade along the base of that Building elevation and the allowable Building Height. Highest Building Face Envelope (HBFE) means the envelope described by a series of lines drawn vertically up the Highest Building Face from Natural Grade along its base to a height specified within the zone as the height of the HBFE, thence inward over the Building at an angle of 45o to the plane of the Building face. Impermeable Surface means any surface material, or substrate to a surface material, such as roofing, asphalt, concrete, stone, brick, solid wood or plastic, which would impede the movement of stormwater directly to the soil and roots below, but does not include 6. Definitions 6-8 6. Definitions 6-8 permeable paving systems designed to support tree root growth, bark mulch, wood chips, or wood or plastic decking with openings between spaced boards, where these materials are not constructed with an impermeable substrate. Industrial Use means occupation, employment or enterprise for industrial activities that is carried out for gain or monetary profit by any person or corporation. Lane means a dedicated highway which provides a secondary means of access to a Lot, at its rear or side. Landscape Screen means a barrier which may be either a compact, evergreen hedge or mixed planting which is at least 1.5 m in height and 0.6 m in width when planted, and broken only for access drives or walks, which is in an area of not less than 0.6 m in width and incorporating suitable plant material, and broken only for access drives or walks. Lot means any parcel, block or other area in which land is held, or into which land is subdivided, including a strata Lot within a Bare Land Strata plan as defined by the Strata Property Act, but does not include a Lane, Street, or Access Route. Lot Area means the total horizontal area within the Lot lines of the lot, but excluding: 3. sloping portions of the lot having a slope of more than 50%, over a horizontal distance of 6 m or more; 4. land covered by the surface of water, as defined by its high water mark; 5. portions of the land in easement for major electrical or other energy transmission lines; and, 6. portions of a Panhandle Lot within "panhandle" portion of the lot. Lot Coverage means the percentage of Lot Area covered by the vertical projection onto the horizontal plane of Impermeable Surface on the Lot such as principal and Accessory Buildings and Structures, including roof overhangs and covered entries, porches and decks, and other features such as swimming pools, open decks, walkways, driveways, parking, loading and storage spaces, where such features are constructed or paved with Impermeable Surface or substrates. Lot Line, Exterior Side means the Lot or lines not being a Front Lot Line or Rear Lot Line, common to the lot and a Street, or in the case of a Bare Land Strata lot, common to the lot and an Access Route. Lot Line, Front means the boundary of a Lot which abuts an existing or dedicated public Street, or in the case of a strata lot, an Access Route. Where there is more than one abutting Street or Access Route, it shall be the shortest dimension on a public Street or Access Route. If the dimensions are equal, the front lot line shall be designated by the owner and filed with the Town. Lot Line, Interior Side means the Lot line, other than a Front Lot Line or Rear Lot Line, which is common to more than one lot, or to a lot and a Lane. 6. Definitions 6-9 6. Definitions 6-9 Lot Line, Rear means the Lot line or lines most distant from the Front Lot Line, or in the case of a lot having two intersecting side lot lines, the Rear Lot Line shall be deemed to be a line within the Lot 6 m in length; joining the two side Lot lines, parallel to and most distant from the Front Lot Line. Lot Depth means the horizontal distance between the Front Lot Line and the Rear Lot Line or deemed Rear Lot Line of a Lot; where the front and Rear Lot Line are not parallel, lot depth shall be the horizontal distance between the midpoint of the Front Lot Line and Rear Lot Line or deemed Rear Lot Line. Lot Width means the shorter of two measurements across a Lot, one on a line parallel to and 9 m to the rear of the Front Lot Line, and one on a line parallel to and 16 m to the rear of the Front Lot Line. Manufactured Home means a Dwelling Unit, intended for year-round occupation; constructed as a unit at a site other than the lot it occupies; having bathroom and cooking facilities permanently connected to water supply and sewage disposal systems; having a habitable floor area of not less than 70 m2; and affixed to a foundation. A Manufactured Home does not include Recreational Vehicles. Natural Boundary means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years, as to mark upon the soil of the bed of the lake, river, stream or other body of water a character distinct from that of the banks thereof, in respect to vegetation as well as in respect to the nature of the soil itself. Official Community Plan means the Town of Gibsons Official Community Plan. Panhandle means a strip of land that is used principally as a driveway, the end of which forms the boundary between the lot of which that strip of land is a part of and: 1. a Street; 2. a right-of-way easement giving access to the Lot if there is no Street abutting that boundary; or 3. the nearest public highway if there is no Street or right-of-way easement abutting that boundary. Parking Space means a space within a Building, driveway, or a parking area for the parking of one vehicle, excluding access aisles. Planted Landscape Cover (PLC) means any permeable area of a Lot that is planted and maintained with vegetation, including 1. existing or planted trees, shrubs, planting beds and; 2. permeable paving that allows for the healthy growth of tree roots (such as structural soil or porous pavement), provided it is located within the dripline of a tree and; 6. Definitions 6-10 6. Definitions 6-10 3. water features that are integrated into a larger landscaped area (e.g., ponds, rain gardens) and: 4. green roofs may be counted towards this requirement, subject to design review; This definition excludes all building footprints, conventional non-permeable paved driveways, paved parking stalls, concrete sidewalks, and impermeable patios. Principal Building means a Building that accommodates a Principal Use or uses; a Principal Building may also accommodate an Accessory Use or uses. Principal Residence means a single Dwelling Unit where a person lives at least nine months in a calendar year and conducts their daily affairs, including, without limitation, paying bills and receiving mail, and is the Dwelling Unit with the residential address used on documentation related to billing, identification, taxation and insurance purposes, including, without limitation, income tax returns, Medical Services Plan documentation, driver's licenses, personal identification, and vehicle registration. Principal Use means the main Use for which land, Building or Structure, are used. Recreational Vehicle means a motor vehicle or a vehicle towed by a motor vehicle, providing accommodation and includes travel trailer, tent trailer, camper, caravan, and motor home. Rental Housing means a Dwelling Unit for living accommodation rented or intended to be rented by a tenant. Residential Rental Tenure means the occupancy of a Dwelling Unit under a rental agreement with the Town of Gibsons, and subject to the Rental Tenancy Act. Residential Tenancy means the use of an entire Dwelling Unit or portion thereof under a tenancy agreement that has a term of 30 days or more and is subject to the Residential Tenancy Act. Retaining Wall means a structure designed to hold back or support soil behind it, commonly used in landscaping and construction to prevent erosion, manage sloped terrain, or create level areas on uneven ground. Setback means the horizontal distance from the nearest portion of a Building or Structure on a Lot, to a lot line of that lot, measured at a right angle to that lot line. Shared Vehicle means a four-wheeled automobile, van or pick-up truck owned and operated by an organization which provides car-sharing services to its members. Shared Vehicle Parking Space means a Parking Space reserved for the exclusive use of a Shared Vehicle. Short-Term Rental Operator means a person who is listed as the operator on a valid Town of Gibsons Short-Term Rental business licence. 6. Definitions 6-11 6. Definitions 6-11 Storey means the space in a Building between two adjacent floor levels or between a floor and the roof, but does not include a Basement, Crawlspace, mezzanine, or attic. Stormwater System means a system of works, which may include pipes, ponds, open channels, swales and ditches, designed and constructed to collect and manage the flow of storm water or run-off. Street means a dedicated public thoroughfare which provides the primary means of access to an abutting Lot or Lots. Structure means an erection or construction of any kind whether fixed to, supported by or sunk into land or water; includes swimming pools. Support and Amenity Services means meal preparation, meal service, administration services, and may include any of the following: counselling, medical services, social and recreation uses, house cleaning, and laundry service; provided to residents in conjunction with their supportive housing or assisted housing. Tandem Parking means two Parking Space, one behind the other, with a common or shared point of access to manoeuvring aisle, Lane, or Street. Townhouse means a Building divided vertically into three or more Dwelling Units, each having a separate ground-level entrance and direct access to the outdoors. Townhouses are typically attached in a row, share common side walls, and may include individual private yards or patios. Use means the purpose for which any Lot, Building or Structure is designed, arranged, constructed, or intended, or for which it is occupied, used, or maintained. Watercourse means is any natural or man-made depression with well defined banks and a bed 0.6 m or more below the surrounding land serving to give direction to a current of water at least six months of the year or having a drainage area of 2 km2 or more. 7. Administrative and Interpretative Clauses 7-1 7. Administrative and Interpretative Clauses 7-1 7. Administrative and Interpretative Clauses 7.1. Basic Provisions 7.1.1. Application 1. This Bylaw applies to land within the geographical boundaries of the Town of Gibsons. Where land is covered by water, the regulations of this Bylaw apply to the surface of water. 7.1.2. Location and Boundaries of Zone 1. Subject to subsection 7.1.2.2, the location and boundaries of the zones are shown on section 1.2 on the Zoning Map. 2. Where any Lot abuts a Street, Lane, or roadway, the zoning of that lot shall be deemed to extend to the centreline of such abutting Street, Lane or roadway. Where an area of land that was highway is added to a Lot, the zoning of the Lot extends to such area. 3. Despite section 1.2, the zoning for the lands legally described as follows is zone CDA-1: 3.1. Lot 2, Block A, District Lot 686, Plan VAP14197 (PID: 007-359-870) 3.2. Lot 1, Block A, District Lot 686, Plan VAP14197 (PID: 007-359-829) 3.3. Lot 1, Block A, District Lot 685, Plan VAP5579 (PID: 011-118-202) 3.4. Lot A, Block A, District Lot 685, Plan VAP5579 (PID: 011-117-524) 3.5. Lot 2, Block A, District Lot 685, Plan VAP5579 (PID: 011-118-211) 7.1.3. Restriction of Uses 1. Land including the surface of water, Buildings and Structures must not be used except as permitted by, and in conformity with, the provisions of this Bylaw. 2. Buildings and Structures must not be constructed, extended, or altered except as permitted by this Bylaw. 3. The use of land, Buildings, or Structures must not be changed or extended except in conformity with the provisions of this Bylaw. 4. All Uses must be conducted within a Building, except for the sale of automobiles. 7.1.4. Non-Conforming Use 1. A Use or siting of land, Building, or Structure that was lawful at the time of enactment of this Bylaw or an amendment thereto, but that does not comply with a provision or provisions of this Bylaw or an amendment thereto, may be continued as a non-conforming Use, subject to the conditions and limitations for non-conforming uses set out in the Local Government Act and amendments thereto. 7.1.5. Lot Width 1. The width of the Front Lot Line of a Lot must not be less than 2/3 of the minimum required width set out in the regulations of the applicable zone. 7. Administrative and Interpretative Clauses 7-2 7. Administrative and Interpretative Clauses 7-2 2. The width between the side lot lines of a Lot, projected if necessary for this measurement, on a line parallel to and 25 m to the rear of the Front Lot Line, shall be not less than 2/3 of the minimum required width set out in the regulations of the applicable zone. 7.2. Interpretation 7.2.1. Interpretation 1. Whenever the singular or masculine is used in this Bylaw, it includes the plural of the feminine or the body politic or corporate as the parties or context so require. 2. In this Bylaw, "must" is to be construed as imperative. 3. If any part, section, subsection, definition, paragraph or any other portion of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion must be severed and the remainder of this Bylaw is deemed to have been enacted without the invalid portion. 4. Despite anything else in this bylaw, use and development in accordance with a development permit (a "DP") issued before the adoption of this bylaw is permitted, but only if a complete application for all required building permits in respect of the development is submitted before the DP expires, lapses, or is cancelled. 7.3. Enforcement 7.3.1. Inspection 1. Those persons appointed by the Council as Director of Planning, Bylaw Enforcement Officer or Building Inspector, or any other employee of the Town under the direction of one of them, are hereby authorized to enter upon any premises to ascertain whether the provisions of this Bylaw are being or have been complied with, subject to the provisions of the "Community Charter". 7.3.2. Offence 1. Any person who violates any provision of this Bylaw or who causes, permits or suffers any contravention of its regulations, contravenes this Bylaw and is liable to the penalties imposed. Obstruction of the entry of any person authorized to conduct inspections also constitutes a contravention. 7.3.3. Penalties 1. Every person who violates the provisions of this Bylaw or permits an act or thing to be done in contravention of this Bylaw, or fails to comply with any order, direction or notice given under this Bylaw, is, on conviction, liable to a fine not exceeding $2000, and not less than $100 per day for continuing offence and costs. In default of payment thereof, forthwith, or within such time as the presiding Provincial Court Judge directs, the fine imposed will be recoverable under the provisions of the Offence Act. 7.3.4. Notice of Violation and Order to Remedy 1. Where a Use of land or of a Building or Structure or part thereof contravenes this Bylaw, the Director of Planning or the Bylaw Enforcement Officer may give the owner, agent or any other person responsible for the violation written notice specifying the violation and 7. Administrative and Interpretative Clauses 7-3 7. Administrative and Interpretative Clauses 7-3 ordering that the violation cease. Such order may also require that remedial measures be undertaken or work done, by the time and in the manner specified in the order. 7.4. Enactment READ a first time on the 18th day of November 2025 READ a second time on the 10th day of December 2025 PUBLIC HEARING held on the 6th day of January 2026 READ a third time on the 6th day of January 2026 RECEIVED the approval of the Minister of Transportation on the 20th day of January, 2026. ADOPTED on the 20th day of January 2026 _________________________________ ____________________________________ Silas White, Mayor Rebecca Anderson, Corporate Officer 8. Record of Amendments 8-1 8. Record of Amendments 8-1 8. Record of Amendments 9. Comprehensive Development Zones 9-1 9. Comprehensive Development Zones 9-1 9. Comprehensive Development Zones 9.1.1. CDA-1 - Comprehensive Development Area 1 Zone 1. Intent 1.1. The regulations of this zone apply to the Use of land, Building, and Structure within the Comprehensive Development Area Zone 1. The intent of the CDA-1 zone is to allow for a mix of residential and tourist Commercial Use. 2. Permitted Uses 2.1. Principal Use for subarea 1 2.1.1. Hotel 2.2. Principal Use for subarea 2 2.2.1. Residential 2.3. Accessory Uses allowed in both subarea 1 and 2 2.3.1. Food and Beverage and dining facilities attached to a Hotel use, up to 940 m2 in Gross Floor Area (GFA) 2.3.2. Conference facilities other than Food and Beverage and dining facilities, attached to a Hotel 2.3.3. Service Commercial 2.3.4. Retail attached to a Hotel, up to 170 m2 in Gross Floor Area (GFA). 2.3.5. Off-street parking for a principal Food and Beverage use in the adjacent CH zone 2.3.6. Other Accessory Use customarily incidental and subordinate to a permitted use. 2.4. Accessory Uses allowed only in subarea 1 2.4.1. Marine fuel storage accessory to a principal fuel sales use in the adjacent CH zone 2.5. Accessory Uses allowed only in subarea 2 2.5.1. Home Occupation 3. Density 3.1. Base density 3.1.1. Maximum number of Dwelling Units is 3; and, 3.1.2. Maximum number of Hotel beds: 11. 3.2. Bonus density 3.2.1. Maximum Gross Floor Area (GFA) regardless of the number of Dwelling Units or Hotel beds, excluding enclosed parking and loading areas, subject to the owner providing to the Town cash contributions of $156,648 for the Affordable Housing Reserve Fund (Bylaw 1069, 2007) and $100,000 for the Community Amenity Reserve Fund (Bylaw 1070, 2007), prior to the issuance of either building permits for in excess of 11 Hotel 9. Comprehensive Development Zones 9-2 9. Comprehensive Development Zones 9-2 units in total in sub-area 1 or building permits for in excess of 3 Dwelling Units in total in sub-area 2: 3.2.1.1. All Residential: 5625 m2; and, 3.2.1.2. All Hotel: 10,725 m2. 4. Setbacks and general regulations 4.1. Part 3 Sections 3.1.3.1, 3.1.4, and 3.5.3 do not apply in this zone. 5. Maximum Height of Buildings 5.1. Notwithstanding Part 6 Section 6.2, for the purposes of determining Building Height in this zone, 6.36 m geodetic is deemed to be the Average Natural Grade. 5.1.1. Notwithstanding Part 5, Principal Building must not exceed the following heights: 5.1.1.1. For subarea 1: 31.44 m (103.42 ft); and, 5.1.1.2. For subarea 2: 25.05 m (82.4 ft). 6. Off-Street Parking and Loading 6.1. Off-street parking and loading must be provided and maintained in accordance with all provisions of Part 4, except that a reduction in parking requirements up to 20% may be applied for this site subject to a traffic study by a qualified person demonstrating that sufficient parking is being provided. 7. Subareas Map CDA-1 CH CDA-1 CH