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District of Port Edward
Zoning Bylaw
Bylaw No. 713, 2020
TABLE OF CONTENTS
Table of
District of Port Edward
P a g e | i
Contents
Zoning Bylaw No. 713, 2020
SCHEDULE
1.2
Permits and
1
1.3
1
1.4
Penalties
1
1.5
Compliance with other Legislation
2
1.6
Board of Variance
2
1.7
Development Variance
2
1.8
Development Permits
2
TABLE OF CONTENTS
Table of
District of Port Edward
P a g e | ii
Contents
Zoning Bylaw No. 713, 2020
TABLE OF CONTENTS
Table of
District of Port Edward
P a g e | iii
Contents
Zoning Bylaw No. 713, 2020
TABLE OF CONTENTS
Table of
District of Port Edward
P a g e | iv
Contents
Zoning Bylaw No. 713, 2020
LIST OF TABLES
Table 1: Designation of Zones
Table 2:
Table 3: Zone Regulations
39
Table 4: Off Street Loading Space Requirements
Table 5: Minimum Off Street Parking Dimensions
Table 6: Off Street Parking Space Requirements
Table 7: Permitted Number of Signs
LIST OF ADDITIONAL SCHEDULES
Schedule B
Zoning District Map
Schedule C
Zoning Townsite Map
Acknowledgements
District of Port Edward
Page | v
Official Community Plan Bylaw No. 712, 2020
ACKNOWLEDGEMENTS
A Zoning Bylaw is one of the primary regulatory bylaws for any municipality. The Zoning Bylaw
for the District of Port Edward has been designed to be consistent with the Official Community
Plan and to provide a user friendly guide to the zoning regulations within the District. The
following persons are acknowledged for their contributions to this Bylaw:
District Council
Current District Council
Mayor Dave MacDonald
Mayor Knut Bjorndal
Councillor Christine MacKenzie
Councillor Christine MacKenzie
Councillor Dan Franzen
Councillor Dan Franzen
Councillor Knut Bjorndal
Councillor James Brown
Councillor Murray Kristoff
Councillor Murray Kristoff
District of Port Edward Staff
District of Port Edward Staff
Ron Bedard, Chief Administrative Officer
Danielle Myles Wilson, Chief Administrative Officer
Polly Pereira, Accounting Clerk
Polly Pereira, Director of Corporate Services
Lorraine Page, Accounting Clerk
Lorraine Page, Director of Finance
Kaitlyn Salm, Administrative Assistant
Amanda Graham, Administrative Assistant
L&M Engineering and Planning
L&M Engineering and Planning
David McWalter, P.Eng, Project Manager
Ashley Elliott, MCIP, RPP, Community Planner
Claire Negrin, MCIP, Community Planner
Ashley Thandi, BPL, Planner
Ashley Elliott, BPl, Planner
Megan Hickey, BPL, Planning Technician
McElhanney
Erica Tiffany, MCIP, RPP, Project Manager
Part 1: Administration
District of Port Edward
P a g e | 1
and Enforcement
Zoning Bylaw No. 713, 2020
ADMINISTRATION AND ENFORCEMENT
Administration
This Zoning Bylaw shall be administered by the Chief Administrative Officer or
any other official of the Corporation who may be appointed by the Council for
that purpose.
Permits and Licenses
No permit or license shall be issued for a Building, Structure or Use which
violates any of the provision of this Bylaw.
Inspection
The Building Inspector or any other official, employee, or agent of the District
who may be appointed by Council for the purpose of inspection is authorized
to enter at all reasonable times upon any property or premises to ascertain
whether the regulations and provisions of this Bylaw are being or have been
complied with.
It is unlawful for any person to prevent or obstruct, or attempt to prevent or
obstruct, the authorized entry of the Building Inspector or other appointed
employee, authorized under this Bylaw.
Penalties
Every person who violates the provisions of this Bylaw or who causes suffers or
permits any contravention of its regulations shall be deemed to be guilty of an
infraction thereof and shall be liable to the penalties herein imposed.
Each day during which such violation is continued shall be deemed to
constitute a separate offense.
Every person who violates the provision of this Bylaw is liable on summary
conviction to a penalty not exceeding five thousand dollars ($5,000.00) and the
cost of prosecution.
Part 1: Administration
District of Port Edward
P a g e | 2
and Enforcement
Zoning Bylaw No. 713, 2020
Compliance with other Legislation
Nothing in this Bylaw shall be taken to relieve any person from complying with
the provisions of any other Bylaw of the District of Port Edward or applicable
provincial or federal regulations.
Board of Variance
The Local Government Act stipulates the conditions whereby a person may
make application to the local Board of Variance to grant a minor variance from
the requirements of this Bylaw.
Development Variance Permits
Pursuant to the Local Government Act, Council may, by resolution, on the
application of an owner of land, issue a Development Variance Permit that
may, in respect of the land covered in the permit, vary the provisions of the
Bylaw, except:
The Use or Density of land from that specified in the Bylaw; or
Floodplain specifications or Setbacks of the Local Government Act.
Any person applying for a Development Variance Permit shall follow the
procedure as set out in
District of Port Edward Permit Form and
Application Fee Bylaw No. 543,
Development Permits
Development Permit Areas are designated in the District of Port Edward
Official Community Plan Bylaw No. 712, 2020.
The exemptions and guidelines associated with the Development Permit Areas
are found in Part 9 of this Bylaw.
Within a Development Permit Area, the following cannot occur without the
provision of a Development Permit from the District of Port Edward:
Subdivision of land;
Alteration of the land;
Construction of, addition to, or alteration of a Building or other
Structure;
Part 2:
District of Port Edward
P a g e | 3
Interpretation
Zoning Bylaw No. 713, 2020
INTERPRETATION
Measurements
All dimensions and other measurements in this Bylaw are expressed in the
Standard International Units (Metric) System. Soft conversions to Imperial are
provided in brackets on the Zone diagrams in section 5. In case of discrepancy,
Metric units shall govern.
Designation of Zones
For the purposes of this Bylaw, the District of Port Edward is hereby divided
into Zones with the following Zone designations and their short form
equivalents.
Table 1: Designation of Zones
General Zone Category
Zone Designation
Short Form Equivalent
Rural (A)
Rural
Rural Residential
A1
A2
Residential (R and RM)
Single Family Residential
Two Family Residential
Multiple Family Residential
Multiple Family Residential
Manufactured Home Park
Residential
R1
R2
RM1
RM2
RM3
Commercial (C)
Core Commercial
Tourist Commercial
General Commercial
Commercial Lodging
C1
C2
C3
C4
Industrial (M)
Light Industrial
Waterfront/General Industrial
Heavy Industrial
M1
M2
M3
Prince Rupert Port
Authority (PRPA)
Prince Rupert Port Authority
PRPA
Institutional (P)
Institutional and Public Use
P1
Utility (U)
Utilities
U1
Quarry (Q)
Quarry
Q1
Part 2:
District of Port Edward
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Interpretation
Zoning Bylaw No. 713, 2020
Definitions
All words or phrases have their normal or common meaning except where they
are changed, modified, or expanded by the following.
Table 2: Definitions
TERM
DEFINITION:
PERMITTED
IN ZONE:
A
Accessory Building
Means a detached Building or Structure, subordinate to the
Principal Building, the Use or intended Use of which is incidental
to or customarily associated with that of the Principal Building,
and is located on the same Lot as the Building to which it is
accessory.
All Zones;
Accessory Residential
Means a separate and complete Dwelling Unit that is associated
with an Agriculture, Forestry, commercial, retail, Assembly, civic,
traveller
accommodation,
entertainment,
industrial,
transportation,
or
Campground
Use,
which
is
used
for
accommodation of an owner, operator, caretaker, manager or an
employee.
A1; C1; C2; C3;
M1; M2; M3;
P1;
Accessory Suite
Means a separate and complete Dwelling Unit that is contained
within the Structure of a Single Family Dwelling Unit.
Accessory Use
Means a Use which is incidental to or customarily associated with
the Principal Use, and which is located on the same Lot with the
Principal Use to which is accessory.
Agriculture
Means a Use providing for the growing, producing, keeping or
harvesting of farm products, and includes the processing and sale
on an individual farm of farm products produced on the farm, and
the storage of farm machinery and implements used on that farm.
A1; A2;
Amenity Area
Means a space on a Site provided for the passive enjoyment and
active recreational needs of the residents, including a landscaped
area, recreational facilities, communal lounges and other similar
facilities.
Animal Hospital
Means any Building, Structure or premise in which animals are
cared for, maintained or hospitalized.
A1; M1
Animal Shelter
Means the temporary accommodation of lost, abandoned, stray or
neglected animals, and may include accessory care of such
animals.
Animated Sign
Means any Sign or part of a Sign which changes physical position
by any movement or rotation or which gives the visual impression
of such movement or rotation.
Apartment Building
Means a Building comprised of three or more Dwelling Units
where each unit does not have separate individual access to grade.
Amendment
Bylaw #731
Part 2:
District of Port Edward
P a g e | 5
Interpretation
Zoning Bylaw No. 713, 2020
Aquaculture
Means the cultivation of aquatic animals and plants, especially
fish, shellfish, and seaweed, in natural or controlled marine or
freshwater environments;
M2;
Area of Sign
Means that part of a Sign within a frame or border and that part
acting as a frame or border. Where a Sign has no frame, border or
background, the area of the Sign shall be deemed to be the area
contained within the shortest line surrounding the whole group of
letters, figures or symbols. The reverse side of any Sign, if it is
parallel to the face and does not exceed the area of the face, may
be used for display purposes without it being included in the
calculation of permitted Sign area, provided that such Sign does
not rotate.
Asphalt
Manufacturing and
Processing
Means the processing, Manufacturing, recycling, and sale of
asphalt and may include accessory facilities for the administration
or management of the business, the stockpiling of bulk materials
and finished products and the storage and maintenance of vehicles
and equipment.
M3;
Assembly
Means a Use which provides for the gathering of persons for
religious, political, charitable, philanthropic, cultural, recreational
or private educational or like purposes and includes without
limitation: churches, arenas, swimming pools, private hospitals,
rest
homes,
auditoriums,
youth
centres,
lodges,
fraternal
organizations, social halls, group camps, Private Schools, day care
centres or similar Uses.
C3; P1;
Auction Sales
Means the sale of goods, wares, merchandise, or equipment, but
not livestock, to the general public at auction;
M1; M2; M3;
Auto Body Repairs
Means a Use of a Building or clearly defined space on a Lot for the
storage, repair and servicing of motor vehicles including body
repair, painting and engine rebuilding, not including a Service
Station or auto sales.
C3; M1; M2;
Automobile Wrecking
Yard
Means the storage, wrecking, dismantling or sale of inoperable
motor vehicles, Recreational Vehicles, Trailers, farm or industrial
equipment and the parts thereof, or recyclable, reusable or
discarded goods or materials of any kind or parts thereof, and
includes incineration, heat recovery and recycling of materials.
M3;
B
Bachelor Unit
Means a Dwelling Unit having no room used or intended to be
used solely as a bedroom.
Part 2:
District of Port Edward
P a g e | 6
Interpretation
Zoning Bylaw No. 713, 2020
Basement
Means that portion of a Building between two floor levels which
has a portion of its volume below the Building Grade adjoining its
exterior walls, and includes cellars.
Bay Window
Means a projection from the wall of a Building that contains a
window, is wholly above the level of the adjacent floor surface and
does not result in any projection of the adjacent floor Structure.
Bed and Breakfast
Means a business operation, conducted within a principal Dwelling
Unit by the residents of the Dwelling Unit, in which bedrooms are
rented on a daily basis or weekly basis, with a breakfast meal being
provided, to the travelling public only.
A1; A2; R1; R2;
Billboard Sign
Means an exterior Structure displaying material of a general
advertising nature, pasted or otherwise affixed flat to the face of
such Structure and which does not exceed a height of 8 metres or
an area of 18.5 square metres.
Boarding House
Means a Use that is carried out within a Dwelling Unit in which
rooms are rented on a month to month or yearly basis, with or
without meals being provided, to persons other than members of
the Family of the occupant of the Dwelling Unit. The maximum
number of rooms permitted for rent in a Boarding House is two
(2).
A1; A2; R1; R2;
Buffer
Means an area free of all Buildings and Structures, the purpose of
which is to mask or separate different land Uses, and includes a
landscaped Buffer and riparian areas.
Building
Means a Structure having a roof supported by columns or walls
used for the shelter or accommodation of persons, animals,
chattels or property of any kind and having a fixed base on or fixed
connection to the ground; includes a Manufactured Dwelling
when so affixed.
Building and Garden
Supplies
Means the sale of Building materials, fixtures, hardware, garden
furniture, equipment and supplies, and animal feed; includes a
lumber yard, Building supply outlet, and home improvement
centre.
C3; M1;
Building Grade
see Grade, Building
Building Height
In relation to Buildings and Structures, means the vertical distance
measured from the Building Grade to the highest point of a
Building; excluding an elevator housing, a mechanical housing, a
roof stairway entrance, a ventilating fan, a skylight, a steeple, a
chimney, a smoke stack, a fire wall, a parapet wall, a flagpole or
any similar device not structurally essential to the Building.
Building Permit
Means the required Permit that is issued by the District for all
Buildings as per the applicable Building Bylaw.
Bus Terminal
Means the Use of land or Buildings for the arrival and departure of
commercial buses for personal travel or the shipping of goods, and
includes taxi stands or other similar Transportation Uses.
C3;
Part 2:
District of Port Edward
P a g e | 7
Interpretation
Zoning Bylaw No. 713, 2020
C
Cabin
Means a building with a maximum gross floor area of 46m2,
intended for the temporary accommodation of guests which may
include washroom facilities and a kitchen
Campground
Means a Use providing designated sites for the accommodation of
the travelling public in tents and Recreational Vehicles; and
include cabins and accessory buildings for washrooms, recreation /
amenity use, and administration / management. An accessory
building may be used for the sale of convenience goods and items
intended for guests at the campground.
A1; C2; P1;
Camping party
Means one or more persons occupying a camping space or cabin as
registered guests of the campground.
Camping Space
Means the area occupied by only one camping unit, unless
designated for multiple camping units.
Camping Unit
Means a tent or recreational vehicle.
Canopy Sign
Means an Identification Sign attached to or located on a canopy or
marquee.
Car and/or Truck
Wash
Means a facility designed, maintained or intended for the washing
of vehicles or Trailers on an automated, semi automated or
manual basis.
C3; M1; M2;
Card Lock Fuel Sales
Means a Use providing for the sale of motor fuels (to a maximum
of 1200 litres per fill) by way of a card lock and membership
arrangement that has no bulk fuel dispensing capabilities, which
may include, as Accessory Uses, the retail sale of lubricating oils
and motor vehicle accessories, food stuffs and convenience goods
in premises with a Floor Area not exceeding 140sq.m.
M1;
Carport
Means a roofed, wall less shed, usually projecting from the side of
a Building, used as a shelter for an automobile.
Child Care Centre
Means a care facility for children which includes group day care,
Family
day
care,
preschool,
out of school,
child
minding,
specialized day care and emergency child care licensed under the
Community Care and Assisted Living Act.
All Zones;
Civic Use
Means a Use providing for public function; includes federal,
provincial and municipal offices, schools, colleges, public hospitals,
community centres,
libraries,
museums,
parks,
playgrounds,
cemeteries, police stations, jails and prisons, courts of law, fire
halls, and Uses ancillary to public functions, government owned
public storage and works yards, and public utility facilities.
P1;
Amendment
Bylaw #731
Amendment
Bylaw #731
Amendment
Bylaw #731
Amendment
Bylaw #731
Part 2:
District of Port Edward
P a g e | 8
Interpretation
Zoning Bylaw No. 713, 2020
Commercial
Greenhouse
Means the growing, producing, keeping, harvesting of bedding
plants, flowers, Nursery stock, forest seedlings, or vegetables
produced entirely within a Building for retail sale and includes the
retail
sale
of
Landscaping
materials
or
garden
furniture,
equipment or supplies.
A1; C3; M1;
Commercial
Recreation
Means a Golf Course, driving range, ice arena, bowling alley,
billiard/snooker/pool hall, roller rink, curling rink, dance or other
hall, gymnasium, fitness club, theatre (not including drive in
theatre) and other similar Uses operated as a business.
C2;
Commercial Vehicle
Means a vehicle engaged in carrying or which is designated to
carry goods, wares or merchandise and which is licensed as a
Commercial
Vehicle
under
the
appropriate
municipality
or
provincial laws or regulations.
Community Care
Facility
Means the Use of land or Buildings which contains Sleeping Units
for persons receiving care or assistance licensed by provincial
agencies, including personal care and intermediate care as defined
under the Community Care and Assisted Living Act.
All Zones;
Community Service
Means
a
Use
providing
information,
referral,
counselling,
advocacy, physical or mental health services on an out patient
basis, dispensing aid in the nature of food or clothing, or providing
drop in or activity space.
C1; P1;
Concrete Mixing
Means the processing, Manufacturing, recycling, and sale of
concrete
and
may
include
accessory
facilities
for
the
administration or management of the business, the stockpiling of
bulk materials and finished products, the storage and maintenance
of vehicles.
M1; M2; M3;
Contractor, Trade
Means the continuous Use of a Building or land by a contractor
engaged
in
plumbing,
heating,
air
conditioning,
painting,
decorating, electrical, mechanical, masonry, ironwork, carpentry,
cabinet making, drywall and similar construction trades and
includes machinists, upholsterers, taxidermists, custom meat
cutters, and similar contractors.
Includes associated office Use
and trade operations.
C3; M1; M3;
Controlled Access
Highway
Means a Highway designated as a Controlled Access Highway
under the Transportation Act.
Within the District, this includes
Highway 16 and Highway 599R.
Corner Lot
Means a Lot located at the intersection of two Highways.
Council
Means the Councillors and the Mayor acting in their jurisdiction for
purposes of the Zoning Bylaw as Council of the District of Port
Edward.
Part 2:
District of Port Edward
P a g e | 9
Interpretation
Zoning Bylaw No. 713, 2020
Cul de Sac
Means a Highway that is closed
at one end.
Cul de Sac Diagram
Cultural Use
Means the Use of land or Buildings for social, cultural and
educational opportunities and includes museums and art galleries.
C1; C3; P1;
D
Deck
Means an above ground level Structure which is not roofed or
enclosed by walls and is attached to a Principal Building.
Density
Means a measurement of Dwelling Units or Buildings permitted
on a Lot or area of land.
Designated Flood
Means a flood, which may occur in any given year, of such
magnitude as to equal a flood having a 200 year recurrence
interval, based on a frequency analysis of unregulated historic
flood records or by regional analysis where there is inadequate
stream flow data available.
Where the flow of a large
Watercourse is controlled by a major dam, the Designated Flood
shall be set on a Site specific basis.
Designated Flood
Level
Means the observed or calculated elevation for the Designated
Flood, which is used in the calculation of the Flood Construction
Level.
Development
Means a change in the Use of any land, Building or Structure for
any purpose, and shall include the carrying out of any building,
engineering, construction or other operation in, on, over or under
land, or the construction, addition or alteration of any Building or
Structure.
Part 2:
District of Port Edward
P a g e | 10
Interpretation
Zoning Bylaw No. 713, 2020
Development Variance
Permit
Means a permit which has been granted by Council in order to
vary the development regulations of this Bylaw.
Development
Variance Permits can be granted when the regulations set out in
this Bylaw will cause undue hardship to the landowner. However,
a Development Variance Permit cannot vary:
Land use;
Density; or
Floodplain regulations.
Drive Through
Business
Means an establishment providing services to customers traveling
in motor vehicles where the customer normally remains in the
vehicle for service, not including car washes or Service Stations.
C3;
Dwelling Unit
Means self contained living premises for one (1) Family with
cooking, sleeping and sanitary facilities.
E
Entertainment Use
Means a Use providing for the entertainment of the public in
theatres, cinemas, eating establishments and licensed premises,
auditoriums, bowling alleys, skating and curling rinks, amusement
arcades, pool halls and similar Uses.
C1; C3;
Equipment Rental,
Leasing and Sales
Means a business involved in the renting, leasing, and sales of
equipment for personal and commercial Use, including industrial
equipment.
M1; M2; M3;
F
Fascia Sign
Means a face Sign running parallel for its whole length to the face
of the Building to which it is attached and which does not project
beyond the horizontal width of such Building or more than 0.3
metres from the face of such Building.
Family
Means two or more individuals occupying a Dwelling Unit who are
related by marriage or common law, blood relationship or legal
guardianship, or a group of not more than four (4) unrelated
persons living together in a single Dwelling Unit.
Market
Means the Use of land or Buildings for the sale directly by the
producers, or their representatives who are involved in the
production of regional fresh, dried or frozen fruit and vegetables,
regional dried or frozen meat and seafood, regional dairy
products, regional plants, local prepared and ready to eat foods
and regional artisan crafts.
C1; C2; C3; P1;
Part 2:
District of Port Edward
P a g e | 11
Interpretation
Zoning Bylaw No. 713, 2020
Fence
Means a Structure bounding an area of land designed to either
limit access to or from the area or to screen the area from view.
Finished Grade
Means the average elevation of the finished surface of the ground
adjacent to the exterior walls of a Building or Structure.
First Storey
Means the uppermost Storey having its floor level not more than 2
metres above grade.
Flashing Sign
Means a Sign which by means of electrical devices gives the effect
of intermittent movement, or changes to give two or more visual
effects, or alternates with a lit and unlit effect.
Flood Construction
Level (or Flood Level)
Means a Designated Flood Level plus Freeboard, or where a
Designated Flood Level cannot be determined, a specified height
above a Natural Boundary, Natural Ground Elevation, or any
obstruction that could cause ponding.
Floodplain
Means
an
area
which
is
susceptible
to
flooding
from
a
Watercourse, lake or other body of water and which is designated
in Part 5 of this Bylaw.
Floodplain Setback
Means the required minimum distance from the Natural Boundary
of a Watercourse, lake, or other body of water to any Landfill or
structural support required to elevate a floor system or Pad above
the Flood Construction Level, so as to maintain a floodway and
allow for potential land erosion.
Forestry
Means the growing, or the cultivating, protecting, harvesting,
sorting, or storage of forest products grown on the same Site, and
may include accessory auction, retail or wholesale of forest
products grown on the same Site, and the storage of harvesting
equipment or supplies and temporary repair of such equipment
used on the same Site.
Includes a small scale sawmill with a
maximum production of thirty five (35) cubic metres of round
wood per day.
A1;
Foundation,
Permanent
Means one of:
a full, poured concrete or masonry foundation;
a poured concrete frost wall or a mortared masonry frost
wall, with or without a concrete floor;
a floating concrete slab;
a permanent wood foundation (PWF) complying with the
BC Building Code;
any other foundation which, pursuant to the BC Building
Code is permitted for Single Family Detached Dwellings;
and does not include screw piles, or screw jacks, or any other
piling construction.
Freestanding Sign
Means a Sign supported by one or more upright poles, columns, or
braces placed in or on the ground and not attached to any Building
or Structure.
Part 2:
District of Port Edward
P a g e | 12
Interpretation
Zoning Bylaw No. 713, 2020
Front Building Line
Means the extended line of the wall of the Building or of any
projecting portion of the Building, except balconies, steps, sills,
belt courses, cornices, eaves, fire escapes and unroofed porches,
which faces the front line of the Lot.
Front Lot Line
Means the Lot Line separating the Lot from a Highway.
For a
Corner Lot, the Front Lot Line is the shortest Lot Line contiguous to
a Highway, other than a Lane.
Front Yard
Means the Yard extending the full width of a Lot, measured from
the Front Lot Line, where the depth is determined by the Setback
requirement.
Frontage
Means a boundary shared by the Front Lot Line of a Lot and a
Highway, excluding a Lane. On a Corner Lot, the Frontage shall be
considered to be the shorter of the Highway boundaries,
regardless of the direction the Buildings on the Lot are to face.
Funeral Parlour
Means a facility where the deceased are prepared for burial or
cremation, may include a crematorium, and may include a place
where those who knew the deceased can come to pay their last
respects.
C1; C3;
G
Gaming Centre
Means the Use of land or Buildings for the purpose of playing or
operating games of chance or of mixed chance and skill on which
money can be wagered, and for which a license has been issued by
the Province of British Columbia; includes bingo and slot machine
gaming, and tele theatre off track betting.
C3;
Garage
Means an Accessory Building or part of the Principal Building,
designed and used primarily for the storage of motor vehicles.
Gas Bar
Means the Use of land or Buildings for the retail sale of
automotive fuels, other petroleum products and incidental auto
accessories, but does not include the servicing or repair of motor
vehicles.
C3;
General Advertising
Sign
Means a Sign which refers to goods and services other than those
produced, offered for sale or obtained at the premises on which
such Sign is displayed.
Golf Course
Means the ground or course over which golf is played, and may
include a driving range and clubhouse.
A1;
Grade, Building
Means the ground elevation established for the purpose of
regulating the number of Storeys and the Height of a Building,
being the level adjacent to the walls of the Building if the Finished
Grade is level, and in other cases, the average of the elevations of
the ground for each face of the Building measured from each
corner of a wall.
Gravel Extraction
Means the removal of gravel from the ground.
A1; M1; M2;
M3;
Part 2:
District of Port Edward
P a g e | 13
Interpretation
Zoning Bylaw No. 713, 2020
Gravel Processing
Means the processing of gravel, including crushing, washing, and
screening.
M1; M2; M3;
Greenhouse
Means the growing, producing, keeping, harvesting of bedding
plants, flowers, or vegetables produced entirely within a Structure,
and does not include the retail sale of such goods.
Gross Floor Area
Means the total area of all floors in all Buildings and Structures on
a Lot, measured to the outside face of their exterior walls,
including all areas occupied by internal walls and partitions;
Dwelling Units; all areas giving access thereto such as corridors,
hallways, landings, foyers, staircases and stairwells; balconies,
porches and verandas all of which are enclosed; elevator shafts;
Accessory Buildings (except those used for parking).
Ground Cover
Means the installation of non invasive plant species or materials
that cover an area of ground, used to provide protection from
erosion and drought and to improve aesthetic appearance by
concealing bare earth. This may include Xeriscaping.
H
Habitable Area
Means any space or room, including a manufactured home that is
or can be used for dwelling purposes, business, or the storage of
goods which are susceptible to damage by floodwater.
Heavy Equipment
Sales, Repair and/or
Storage
Means the sale, repair and/or storage of heavy equipment for
industrial or other purposes.
M2;
Highway
Means any Street, road, Cul de Sac, Lane, bridge, viaduct and any
other way open to Public Use, but does not include a private right
of way on private property.
Hobby Farm
Means the production, principally for the Use or consumption of
the property owner, of plants, animals or their products and for
sale to others where such sales are incidental, including gardening,
food production, and keeping of poultry, livestock and horses.
A1;
Home Occupation
Means any occupation, trade, profession or craft carried on by an
occupant of a residential Building as a Use secondary to the
residential Use of the Building.
A1; A2; R1; R2;
RM1;
Hotel
Means
the
Use
of
land
or
Buildings
exclusively
for
the
accommodation of the travelling public which may include a lobby,
a public dining room, café, or Restaurant, banquet rooms, Liquor
Stores, Licensed Establishments, convention facilities, indoor
recreation and personal Service Uses, which access to and from
the majority of the rooms or units through an interior hallway.
C1; C2; C3;
Part 2:
District of Port Edward
P a g e | 14
Interpretation
Zoning Bylaw No. 713, 2020
I
Identification Sign
Means a Sign which contains no advertising but is limited to the
name, address and number of a Building, institution or person and
to the activity carried on the Building or institution or the
occupation of the person.
Illuminated Sign
Means a Sign designed to give forth any artificial light, either
directly from a course of light connected with such Sign, or
indirectly from an artificial source.
Industrial, Heavy
Means the use of land for the processing and Manufacturing of
materials or products predominantly from extracted or raw
materials, a storage or Manufacturing process using flammable or
explosive material, or a storage or Manufacturing process that
involves hazardous or commonly recognized offensive conditions,
and includes, but is not limited to, forest products Manufacturing,
oil and gas processing, liquefied natural gas processing, LNG Plants
or asphalt processing.
M3;
Industrial, Light
Means
the
processing,
fabricating,
Manufacturing,
storage,
transportation,
distribution,
wholesaling,
testing,
servicing,
repairing, wrecking, or salvaging of goods, materials or, things;
includes the selling of Heavy Industrial equipment, and incidental
office facilities.
M1; M2; M3;
Institutional Use
Means a church, library, school, hospital, auditorium, fire hall,
ambulance station, police station, land used for
Assembly
purposes,
arenas,
medical
clinic,
Community
Care
Facility,
cemetery, tennis courts, swimming pools and other indoor and
Outdoor
Recreation
activities,
including
office
uses
and
maintenance yards.
P1;
J
Junk Yard
Means an area outside of an enclosed Building where junk, waste,
used Building materials, used industrial materials, scrap metal,
used, discarded or salvaged materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled. A Junk Yard shall
not be construed to include establishments for the sale, purchase
or storage of used furniture, used cars in operable condition, or
the processing of used, discarded or salvaged materials as a minor
part of Manufacturing operations.
K
Kennel
Means a commercial establishment for the keeping, training,
breeding or boarding of domestic animals, and not including
livestock.
A1;
L
Part 2:
District of Port Edward
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Interpretation
Zoning Bylaw No. 713, 2020
Land Treatment
Facility
Means a facility designed and operated for the purpose of
restoring and rehabilitating contaminated soil, sediment, snow or
other similar material.
U1;
Landfill
Means a disposal Site where solid waste, such as paper, glass, and
metal, is buried between layers of dirt and other materials in such
a way as to reduce contamination of the surrounding land.
U1;
Landscape Screen
Means a continuous wall, Fence, compact hedge or combination
thereof, supplemented by Landscaping, effectively screening from
view at Street level the Lot or Use which it encloses, and broken
only by access drives and walkways.
Landscaping
Means any combination of trees, bushes, shrubs, plants, flowers,
lawns, bark mulch,
decorative boulders, decorative paving,
foundations, sculptures, decorative Fences and the like, not
including
paved
Parking
Areas,
uncleared
natural
bush,
undergrowth or uncontrolled weeds, arranged and maintained so
as to enhance, and embellish the appearance of a Lot or to screen
or mask Use of a Lot.
Lane
Means a public way which provides access for Commercial
Vehicles to a loading door, platform or bay.
Laundromat
Means a commercial establishment where clothes can be washed
and dried, using coin operated machines, or can be cleaned with
any of various chemicals rather than water.
C1; C2; C3;
Licensed
Establishment
Means an establishment licensed under the Liquor Control and
Licensing Act [RSBC], other than a Liquor Store.
C1; C3;
Liquor Store
Means the retail sale of packaged liquor for consumption off site.
C1; C3;
LNG (Liquefied Natural
Gas) Plant
Means a facility where natural gas is converted (by purification,
compression, refrigeration and other processing) to liquid form
(liquefied natural gas), stored and transported.
Local Advertising Sign
Means a Sign which refers only to goods or services, produced
offered for sale or obtainable at the premises on which such Sign
is displayed.
Lodging, Temporary
Means the temporary accommodation of persons associated with
large construction projects, provided on a nightly, weekly, or
monthly basis, and can include other uses which are usually
associated
with
construction
accommodation
facilities,
construction camps, and construction Lodgings, including dining
facilities, medical facilities, laundry facilities, and games and
recreation facilities.
C4
Part 2:
District of Port Edward
P a g e | 16
Interpretation
Zoning Bylaw No. 713, 2020
Lot
Means a single Lot of land registered as such in the Land Title
Office and shall include a strata Lot created by bare land strata
subdivision, but does not include a strata Lot within a Building
strata plan.
Lot Area
Means the total area of a Lot measured on a horizontal plane.
Lot Coverage
Means the combined area of all Buildings or Structures upon the
Lot, including all porches and verandas, enclosed terraces and
Decks, steps, cornices, eaves, and similar projections, including air
wells, and all other space within an enclosed Building, expressed
as a percentage of the total Lot Area.
Lot Depth
Means the shortest distance between the midpoint of the Front
Lot Line and the midpoint of the Rear Lot Line or, in the case of a
pie shaped Lot or irregular Lot with more than four sides, the
shortest distance between the midpoint of the Front Lot Line and
point at which the two Side Lot Lines of the furthest point at which
two Rear Lot Lines intersect, or in the case of a Through Lot, the
line joining the midpoints of the two Front Lot Lines.
Lot Line
Means the line bounding a Lot,
dividing one Lot from another or
from a Street or any public
place.
Lot Line Diagram
Lot Width
Means the length of a Lot measured between Side Lot Lines.
M
Manoeuvring Aisle
Means an open area used by motor vehicles for access to or egress
from any Off Street Parking Spaces but does not include an access
driveway.
Manufacturing
Means a Use providing for the making, producing, processing,
fabricating, assembling, repairing or salvaging of goods, materials,
products, substances, things or organisms.
C1; M2; M3;
Part 2:
District of Port Edward
P a g e | 17
Interpretation
Zoning Bylaw No. 713, 2020
Manufactured
Dwelling
Means a Building or Structure containing only 1 Dwelling Unit,
being either factory built housing certified in accordance with
CAN/CSA A277 standards or housing that is designed, constructed,
or manufactured in accordance with CAN/CSA Z240 MH standards.
Manufactured
dwellings
(CAN/CSA/A277
Standard)
with
set
criteria are permitted except for in R1 zone.
Required criteria:
1. Manufactured homes including modular buildings must be
a minimum of 24 feet wide. (Minimum 110 square feet)
2. Pitch roof of at least 4/12
3. 18 inches eaves are required.
4. The home must have one or more dormers, providing
more character to the buildings.
5. The home must have one porch or deck.
RM3;
R2; RM2
Manufactured Home
Park
Means a Manufactured Home Space on which two or more
Manufactured Dwellings are placed.
RM3;
Manufactured Home
Sales
Means a commercial enterprise involved in the display and sale of
Manufactured Dwellings.
M1;
Manufactured Home
Space
Means the area of a Manufactured Home Park that is allocated for
each Manufactured Dwelling.
Marina
Means a facility for storing, servicing, fueling, berthing, and
securing and launching of private pleasure craft that may include
the sale of fuel and incidental supplies for the boat owners, crews
and guests; includes commercial moorage, wharves and materials
handling.
C3;
M1;
M2;
P1;
Mini Storage
Means a warehouse or other facility that rents units to people for
storing personal possessions, usually on a monthly basis.
The
Buildings or Structures provide rooms, lockers, containers, and/or
outdoor space in which tenants can store and access their goods.
C3; M1; M2;
Part 2:
District of Port Edward
P a g e | 18
Interpretation
Zoning Bylaw No. 713, 2020
Mixed Commercial/
Residential Use
Means a Building where both commercial and residential Uses are
located.
C1; C3;
Motel
Means a Building or group of Buildings in which Lodging is
provided to transient guests, and in which access to and from each
room or unit is through an exterior door.
C2; C3;
Multiple Family
Dwelling
Means a Building or group of Buildings containing two or more
Dwelling Units, including but not limited to:
Two Family Dwellings
Apartment Buildings
Townhouses.
RM1; RM2;
N
Natural Boundary
Means the visible high watermark 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, as defined in Section 1 of the Land Act, and
also includes the edge of dormant side channels of any lake, river,
stream, or other body of water.
Natural Grade
Means the average elevation of the surface of the ground adjacent
to the exposed wall of a Building, with no adjustment having been
made to the existing undisturbed ground level.
Natural Ground
Elevation
Means the undisturbed ground elevation prior to Site preparation.
Neighbourhood
Convenience Store
Means the Use of a Building or portion thereof, with a Floor Area
of not more than 200 square metres, for the sale of foodstuffs and
convenience goods which may include the accessory sale of
prepared foods for consumption off premises.
C1; C2; C3;
Non Conforming
Building or Use
Means a Building or Use which does not conform to all the
regulations of this Bylaw for the Zone in which it is located.
Nursery
Means the growing, producing, keeping, harvesting of bedding
plants, flowers, Nursery stock, forest seedlings, or vegetables
produced on a Lot for retail sale and includes the retail sale of
Landscaping materials or garden furniture, equipment or supplies.
A1; M1;
O
Occupancy Permit
Means the permit issued by the District of Port Edward for a
Dwelling Unit that has been fully inspected and approved by the
Building Inspector to be liveable.
Part 2:
District of Port Edward
P a g e | 19
Interpretation
Zoning Bylaw No. 713, 2020
Off Site Directional
Sign
Means a Sign of not more than .75 square metres in area, which
indicates the distance or direction, or both, to a place of business
or other premises located on a Site which is separate from that
where such Sign is situated.
Off Street Loading
Space
Means a space or berth used for the loading or unloading of
freight, products, or material from vehicles.
Off Street Parking
Space
Means an open area of a Lot, which is used for the parking of
motor vehicles of clients, customers, employees, residents, or
tenants.
On Site Directional
Sign
Means a Sign of not more than .5 square metres in area, which
indicates the distance or direction, or both, to a place of business
or other premises on the Site upon which the Sign is situated.
Open Space
Means the portion of a Lot not occupied by parking, vehicle areas,
storage areas, or Buildings, accessible to and suitable for gardens,
Landscaping, and recreational Use by Building occupants.
Outdoor Recreation
Means a recreational Use or activity normally conducted in an
outdoor setting which includes, but is not limited to, fishing,
hiking, hunting, boating, nature observation, photography and trail
riding.
A1;
P
Pad
Means a paved surface on which blocks, posts, runners or strip
footing are placed for the purpose of supporting a Manufactured
Dwelling, or a concrete Pad for supporting a Habitable Area.
Park
Means any outdoor land specifically for passive or active
recreation
including
tot lots,
playgrounds,
walkways,
trails,
environmentally
significant
areas,
forest
reserves,
wildlife
sanctuaries, greenbelts, conservation areas, allotment gardens,
Buffers, nature and cultural interpretation areas, and similar land
Uses. It includes all Landscaping, facilities, sports fields, accesses,
trails, Buildings and Structures consistent with the general
purpose of parkland.
It does not include a Campground or
Manufactured Home Park.
All Zones;
Part 2:
District of Port Edward
P a g e | 20
Interpretation
Zoning Bylaw No. 713, 2020
Parking Area
Means an open area of land, other than a Street or Lane, used or
intended to be used to provide space for the parking of vehicles of
clients, customers, employees, members, residents or tenants, and
includes Parking Spaces, Loading Spaces, Manoeuvring Aisles and
other areas providing access to parking or Loading Spaces.
Parking, Non
Accessory
Means parking provided on a Lot for the purposes of the Principal
Use located on that Lot.
P1;
Personal Services
Establishment
Means the Use of land or Buildings for the provision of services to
an individual which are related to the cleaning and repair of
personal effects or of the care and appearance of the body
including:
hairdressers, shoe repair, dress makers,
laundry,
jeweller, massage therapy, tanning salons and other similar Uses.
C1;
Pound
Means a facility or enclosure, for the care, containment or
euthanasia of domestic animals and livestock.
A1;
Principal Building
Means a Building in which is conducted the Principal Use of the
Lot on which it is located.
Principal Use
Means the primary purpose for which a Building or Lot is used.
Private Club or Lodge
Means the Use of land or Buildings for the meeting, social or
recreational activities of members of non profit, philanthropic,
social service, athletic, business or fraternal organizations.
P1; A1; C3;
Private Garage
Means a detached Accessory Building or a portion of a Principal
Building used solely for the parking or temporary storage of
private motor vehicles and in which there are no facilities for
repairing or servicing such vehicles.
Private School
Means a school, other than a Public School, where academic
subjects are taught or which is maintained for philanthropic or
religious purposes and may include a boarding school.
Professional, Financial,
Office, and Business
Support Service
Means the provision of professional, management, administrative,
consulting, and financial services, including offices for lawyers,
accountants, engineers, planners, doctors, dentists and architects;
offices for real estate, insurance firms, and travel agencies; clerical,
secretarial, employment, telephone answering, and similar office
support services; banks, credit unions, loan offices and similar
financial Uses; and printing establishments, film processing
establishments, janitorial firms and business equipment repair
shops.
C1;
Projecting Sign
Means any Sign other than a wall Sign that is attached to and
projects from the wall or face of a Building or Structure excluding
a Canopy Sign or Fascia Sign.
Public School
Means a place of instruction, other than a commercial or technical
school, maintained at the public expense pursuant to the School
Act.
Q
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District of Port Edward
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Interpretation
Zoning Bylaw No. 713, 2020
Quarry
Means the extraction or processing of aggregate (includes
bedrock, pitrun, gravel, sand, coarse rock, riprap, overburden and
topsoil and combination of any or all of these soils.
R
Rear Building Line
Means the extended line of the wall of the Building or of any
projecting portion of the Building, except balconies, steps, sills,
belt courses, cornices, eaves, fire escapes and unroofed porches,
which faces the rear line of the Lot.
Rear Lot Line
Means the Lot Line opposite and most distant from the Front Lot
Line. For non rectangular shaped Lots where the rear of the Lot is
a point created by the intersection of the two Side Lot Lines, the
Rear Lot Line shall be deemed to be the point of intersection of
the Side Lot Lines.
Rear Yard
Means the Yard extending the full width of a Lot, measured from
the Rear Lot Line, where the depth is determined by the Setback
requirement.
Recreational Vehicle
(RV)
Means a vehicle designed as a temporary dwelling for travel,
recreational, and vacation Use and which is either self propelled or
mounted on or pulled by another vehicle. Examples include, but are
not limited to a travel trailer, camping trailer, truck camper, motor
home, fifth wheel trailer and camper van.
Recreational Vehicle
Sales
Means
a
commercial
enterprise
involved
in
the
sale
of
Recreational Vehicles.
M1;
Recreational Vehicle
Storage
Means a commercial enterprise involved in the storage of
Recreational Vehicles for a period of time.
M1;
Recycling Depot
Means the Use of land or Buildings for the collecting, sorting,
refunding and redistributing recyclable materials but excluding
processing of such materials.
M1; M2;
Resource Extraction
Activities
Means the extraction of natural resources from nature.
A1;
Restaurant
Means a commercial establishment providing prepared food to the
public for consumption on or off the premises and includes coffee
shop, Restaurant and catering establishments which may be
licensed to serve beer, wine or spirits but excludes neighbourhood
pubs, but does not include a Drive Through Business.
C1; C2; C3;
Amendment
Bylaw #731
Part 2:
District of Port Edward
P a g e | 22
Interpretation
Zoning Bylaw No. 713, 2020
Retail Use
Means the Use of land or Buildings for the retail sale of consumer
goods including groceries and beverages, electronic goods,
furniture and appliances, household goods, printed matter,
confectionery, pharmaceutical and personal care items, office
supplies, stationery, wine and liquor, books, coffee, music, pets,
sporting goods and toys, and other similar goods and includes
variety stores, photography studios, bakeries, antique stores,
pawn shops, consignment stores, souvenir stores, clothing stores
and may include small scale, on site production and repair of, but
not limited to the aforementioned goods.
C1; C3;
Retail Warehouse
Means retail sale of goods in bulk quantities and the retail sale of
household goods such as furniture and carpeting.
C3; M1;
Roof Sign
Means any Sign erected upon, against, or directly above a roof or
roof eave, or on top or above the parapet, or on a functional
architectural appendage above the roof or roof eave.
S
Secondary Suite
Means a Dwelling Unit added to and wholly contained within a
Single Family Dwelling, for Use as a complete, independent living
facility with provision within the Secondary Suite for cooking,
eating, sanitation and sleeping.
A1; A2; R1; R2;
Security Suite
Means a Dwelling Unit, with a maximum of two bedrooms,
contained entirely within the Principal Use Building, used for
providing security for the property and the Building in which it is
located.
C2;
C3;
M1;
M2; M3;
Service and Repair
Shop
Means the Use of land or Buildings for the repair and servicing of
electric appliances, television sets, radios, furniture and similar
articles or goods but not motor vehicles.
C3;
Service Station
Means a Use providing for the retail sale of motor fuels and
lubricating oils including the servicing or repair of motor vehicles
other than body repair, the sale of automobile accessories, food
stuffs and convenience goods, and the rental of Trailers and motor
vehicles.
C3;
Service Use
Means a Use providing for the operation of establishments
primarily engaged in providing services for individuals, business
and government establishments and other organizations; includes
establishments providing personal, business, household repair and
amusement services; health, legal, financial, engineering, real
estate, and other professional services, private educational
institutions, and other miscellaneous services.
C1; C3;
Setback
Means the horizontal distance that the nearest point of the
exterior wall of a Building, Structure or Use, or a specified portion
of it, must be set back from a Lot Line; see also Yard.
Part 2:
District of Port Edward
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Interpretation
Zoning Bylaw No. 713, 2020
Side Lot Line
Means a Lot Line other than a Front or Rear Lot Line. For a Corner
Lot, the Side Lot Line contiguous to a Highway which is not the
Front Lot Line is the exterior Side Lot Line.
Side Yard
Means the portion of the Lot extending from the Front Yard to the
Rear Yard between the Side Lot Line and the closest side of the
Principal Building.
Side Yard, Exterior
Means the Yard extending the full width of the Lot flanking a
Street not determined to be the Frontage, where the width is
determined by the Setback requirement.
Side Yard, Interior
Means the Yard extending the full depth of a Lot, measured from
the Side Lot Line, where the width is determined by the Setback
requirement.
Sight Triangle
Means that triangle on a Lot
formed by two Highway right
of way boundaries and a line
joining two
points on
those
boundaries
measured
6.0
metres
from
the
point
of
intersection
or
the
point
at
which
the
boundaries
would
intersect if extended.
Sight Triangle Diagram
Sign
Means any Structure, advertisement, advertising device or visual
representation intended to advertise, identify, or communicate
information or attract the attention of the public for any purpose
and,
without
limitation,
includes
symbols,
letters,
figures,
illustrations or forms painted or otherwise affixed to a Building or
Structure, as well as any Structure or device the prime purpose of
which is to support, border, illuminate, animate or project a visual
representation.
Sign Height
Means the vertical distance measured from the nearest Finished
Grade of the Lot upon which it is located to the top of such Sign,
except that the height of a Sign projecting above the roofline of a
Building shall be measured from the roof level at the location of
such a Sign. For pitched roofs, the height shall be measured from
the eave level.
Part 2:
District of Port Edward
P a g e | 24
Interpretation
Zoning Bylaw No. 713, 2020
Single Family Dwelling
Means a Building intended for occupancy by one (1) Family which
is supported on a Permanent Foundation or Basement.
A2; R1; R2;
Site
Means an area of land consisting of one or more adjoining Lots
used jointly for a single Use or occupied by a Building or Structure
or group of Buildings and Structures united by a common interest,
Use or Development.
Sleeping Unit
Means one or more habitable rooms used or intended to be used
for sleeping, or sleeping and living purposes but not including
cooking facilities.
Stall
Means a designated space set aside for a parked vehicle.
Standard Dyke
Means a dyke built to a minimum crest elevation equal to the
Flood Construction Level and meeting standards of design and
construction approved by the Ministry of Environment and
maintained by an ongoing authority such as a local government
body.
Storage Yard
Means an area outside of an enclosed Building where
construction materials and equipment, solid fuels, lumber and new
Building materials, monuments and stone products, public service
and utility equipment or other materials, goods, products,
vehicles, equipment or machinery are stored, baled, piled,
handled, sold, or distributed, whether a Principal Use or an
Accessory Use. A Storage Yard shall not be construed to include
an Automobile Wrecking Yard, a Display Yard or a Junk Yard.
M1; M2; M3;
Storey
Means that portion of a Building, other than a Basement, included
between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between
the floor and the ceiling above the floor of such Storey.
Street
Means any Highway, road, boulevard, square or other improved
thoroughfare 9 metres or more in width, which has been
dedicated or deeded for public Use and affords the principal
means of access to abutting Lots.
Structure
Means anything constructed on or fixed to the ground, supported
by or sunk into land or water, excluding asphalt or concrete or
similar surfacing of a Lot, and excludes retaining walls, Fences, and
Landscaping elements.
T
Taxidermy
Means the trade of preparing and preserving the skins of animals
and of stuffing and mounting them in lifelike form.
M1; C3;
Temporary Sign
Means a display, informational Sign, banner, or other advertising
device constructed of cloth, canvas, fabric, wood, or other
temporary material, with or without a structural frame, and
intended for a limited period of display.
Part 2:
District of Port Edward
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Interpretation
Zoning Bylaw No. 713, 2020
Temporary Use
Means a Use or Development established for a fixed period of
time with the intent to discontinue the activity upon the expiration
of the time period.
Temporary Use Permit
Means a permit issued by the District Municipality for a Temporary
Use to be allowed on a Lot for a specified amount of time.
A
Temporary Use Permit may allow a Use not permitted by a specific
Zone, may specify conditions under which the Temporary Use may
be carried on, and may allow and regulate the construction of
Buildings or Structures in respect of the Use for which the permit
is issued.
All Zones
Through Lot
A Lot bounded on opposite sides by two parallel or approximately
parallel Streets.
Tire Sales or Repair
Means the sale and/or repair of personal or commercial use tires.
C3; M1;
Tourist
Accommodation Use
A Use providing for transient accommodation in Motels, Hotels or
cabins and includes Restaurants, cafés and other services and
Entertainment Uses, recreation Uses and ancillary retail sales
normally associated with Motels and Hotels.
C2; C3;
Tourist Information
Means a centre that provides information and services directed at
visitors and the travelling public.
C2; C3; P1;
Townhouse
A Building divided vertically into three or more attached Dwelling
Units, each having a separate entrance at grade and a private
outdoor space.
Trailer
A vehicle towed by a motor vehicle and includes utility Trailer and
boat Trailer but excludes Manufactured Dwellings and recreation
vehicles.
Transportation Use
A Use providing for the shipping and receiving of goods and people
including the operation of truck terminals, docks, railways, freight
handling, passenger and transit depots.
M1; M2; M3;
Trapping, Guide and
Outfitting Operations
Means the practice of leading others over land for hunting, fishing,
or scenic pursuits.
A1;
Trucking, Hauling,
Moving and Storage
Means the moving of goods, materials, and other items over
distances, or the storage of goods and materials for a period of
time.
M1; M2; M3;
Part 2:
District of Port Edward
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Interpretation
Zoning Bylaw No. 713, 2020
Two Family Dwelling
Means a Building containing
two Dwelling Units, each of
which is separated from the
other by an unpierced wall
extending
from
ground
to
roof, or an unpierced ceiling
and
floor
extending
from
exterior wall to exterior wall.
Duplex Diagram
R2;
U
Use
Means the purpose for which a Building, Structure or land is used,
designed, arranged or intended, or for which it is occupied or
maintained.
Utilities, Major
Means the Use of land for major utility facilities, such as sewage
lagoons, sewage treatment facilities, water storage facilities, water
treatment facilities, and power generation/ conversion facilities.
May include the outdoor storage of vehicles, maintenance
equipment and maintenance materials, and does not include
waste management facilities.
U1; M3;
Utilities, Minor
Means the Use of land, Buildings, facilities or equipment for the
provision
of
water,
sewer,
electrical,
natural
gas,
telecommunication and similar services. Does not include outdoor
storage or waste management facilities.
All Zones;
V
Vehicle Rental
Means the rental, cleaning and maintenance of rental vehicles.
C2; C3; M1;
Vehicle Storage and
Parking Facilities
Means the provision of indoor and/or outdoor storage and parking
facilities for a short or long term duration, including truck and
Recreational Vehicles
M1; M2;
W
Warehouse Use
Means the storage and distribution of goods, wares, merchandise,
substances, articles or things, whether or not the storage is
contained in separately occupied, secured storage areas or lockers.
This Use includes Mini Storage and does not include warehousing
and storage for retail sale purposes on the same Site, or an
Automobile Wrecking Yard, truck or rail terminal, or waste
management.
M1; M2; M3;
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Interpretation
Zoning Bylaw No. 713, 2020
Watercourse
Means any natural or man made depression with well defined
banks and a bed 0.6 metres or more below the surrounding land
serving to give direction to a current of water at least 6 months of
the year or having a drainage area of 2 square kilometres or more
upstream of the point of consideration.
Wholesale Business
Means a business which provides the sale of bulk items and
materials for personal or commercial Use.
M1;
Wrecked Vehicle
Means a vehicle that is physically wrecked or disabled or
dismantled so it cannot be operated by its own mode of power,
and includes the parts of such a vehicle.
X
Xeriscaping
Means a method of landscape design.
Xeriscaping utilizes
appropriate soils, efficient irrigation techniques, mulch, and
appropriate plants for the climatic Zone and suited to the moisture
conditions of a given Site in order to reduce watering.
Y
Yard
Means an area extending across
the full width or length of a Lot
from the required Setback to
the Lot Line; a Yard can be one
of a Front Yard, Interior Side
Yard, Exterior Side Yard and
Rear Yard.
Yard Diagram
Z
Zone
Means a designation on a Lot that regulates the intent, permitted
Uses, and size of the Lot, as well as the density, size and location of
Development on the Lot.
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General Regulations
Zoning Bylaw No. 713, 2020
GENERAL REGULATIONS
Uses of Land, Buildings and Structures
Land shall not be used and Buildings and Structures shall not be constructed,
altered, located, moved, occupied or used contrary to this Bylaw.
Uses Permitted in All Zones
The following Uses are permitted in all Zones:
Accessory Buildings;
Child Care Centre;
Community Care Facility;
Park; and
Utilities, Minor.
Non Conforming Uses
Subject to Section 528 of the Local Government Act, the lawful Use of any land,
Building or Structure existing at the time of the adoption of this Bylaw may be
continued although such Use does not conform to the provisions of this Bylaw.
Any Building or Structure conforming as to Use, but which is rendered non
conforming as to size, shape or siting by this Bylaw, may be altered, repaired or
extended provided that any alterations, repair or extension comply with the
regulations specified for the Zone in which it is located.
Existing Lots
Any Lot or Lots that are shown on a plan deposited in the Land Title Office
prior to the passing of this Bylaw, which have less than the minimum Lot Width
or area required for the Zone in which that Lot is situated, may be developed
for any Uses permitted in that Zone, subject to all other regulations of this
Bylaw.
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General Regulations
Zoning Bylaw No. 713, 2020
Subdivision
Minimum Lot Area and minimum Lot Width shall apply to the subdivision of
land in accordance with the regulations of the Zone in which the land is
located.
Siting of Buildings and Structures
Siting limitations governing maximum Lot Coverage, minimum Setbacks and
maximum Building Height apply in accordance with the regulations of the
Zone in which the Buildings or Structures are located.
The Building Height shall be measured from the lower of the front average
elevation or the rear average elevation to the highest point of the Building
subject to applicable exemptions in subsection 3.6.3.
The following types of Structures shall not be subject to the height
requirements of this Bylaw: aerials, television and radio antennae, masts,
chimneys, flues, flagpoles, transmission towers, water tanks, smoke stacks,
church spires, belfries, domes, monuments, fire and hose towers, observation
towers, elevator and ventilation machinery, and farm Buildings including silos
provided that such Structures occupy no more than 20% of the Lot Area, or if
located on a Building, no more than 10% of the roof area of the Building.
Principal Buildings
Only one Principal Building per Lot shall be permitted in the R1 and R2 Zones.
Where more than one Principal Building is permitted, the minimum spacing
between Principal Buildings shall be 3.0 metres.
Accessory Buildings
No Accessory Building or Structure shall be erected on any Lot unless the
Principal Building to which the Accessory Building is an incidental Use has
been erected or will be erected simultaneously with said Accessory Building.
Where a Garage, Carport or other Accessory Building or Structure is attached
to the Principal Buildings, it is to be considered a part of the Principal Building
and shall comply in all respects with the requirements of this Bylaw applicable
to the Principal Building.
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General Regulations
Zoning Bylaw No. 713, 2020
Accessory Buildings shall not be permitted in any required front or side
Setbacks except as provided for in subsection 3.8.5 (b). Accessory Buildings
may be permitted in a rear Setback, provided the Building is situated not less
than 1.5 metres from the Rear Lot Line in a residential Zone.
An Accessory Building or Structure shall not be used as a dwelling, except as
otherwise provided for in this Bylaw.
In residential Zones:
Accessory Buildings shall be limited on height to a maximum of 6 metres.
In an A1, A2, R1, or R2 Zone, if, for topographical reasons, a Private
Garage or Carport cannot be constructed at the side or rear of the
Principal Building, such Garage or Carport may be constructed in an
excavation in a Front Yard, provided that no part of such Structure shall
extend more than 1 metre above the surface of the surrounding ground
at any point other than the driveway, not less than 3 metres from the
front property line.
Accessory Suites
In the A2, R1 and R2 Zones, no Accessory Suite shall be permitted in any
Basement unless such suite is provided with a separate entrance from ground
level.
Accessory Suites shall be permitted only in Single Family Dwellings.
Setback Exceptions
The following are exempt from Setback requirements:
Steps;
Eaves, gutters, cornices, sills, Bay Windows, chimneys or other similar
features provided such projections do not exceed 1 metre;
Open porches and canopies provided that such projections do not exceed
2 metres;
Balconies and sun shades, provided that such projections do not exceed
1.5 metres; and
A covered or uncovered swimming pool, provided that such pool shall not
be constructed within any front Setback or located less that 3 metres
from any side or Rear Lot Line.
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General Regulations
Zoning Bylaw No. 713, 2020
Temporary Buildings and Structures
No temporary building or structures may be occupied as a dwelling, except for
a Recreation Vehicle, which may be occupied for a maximum period of:
30 days in any calendar year on sites zoned A1 and A2;
4 days in any 30 day period on a site (within a driveway or paved parking
area on that site) zoned R, RM1 or RM2;
For duration of the demolition, construction or alteration of a Principle
Building or Structure on the same site provided that:
the site is zoned C, M, P or U; and
no more than one person occupies the Recreational Vehicle.
Outdoor Storage
Unless included within Home Occupations, no construction or industrial
equipment, or building materials shall be stored on a site zoned R and RM.
No shipping containers, cargo containers, or rail cars are permitted on a site
zoned A, R, RM, C1 or C2 unless completely enclosed within a building or
structure.
Notwithstanding Section 3.12.2, a cargo container may be located on a site for
use for any waste building materials for a period not exceeding two years from
the date a Building Permit has been issued provided that the cargo container
shall be removed upon completion or expiry of the Building Permit.
Home Occupations
Home Occupations are permitted in all residential Zones provided that:
All activities including the storage of materials, equipment and products
pertaining to a Home Occupation:
Are, except as otherwise provided for, to be conducted entirely
within a Dwelling Unit;
Shall not exceed 25% of the Gross Floor Area of the Dwelling
Unit, or 50 square metres, whichever is greater;
May be contained within an Accessory Building or Structure
provided that such Building or Structure does not exceed 100
square metres of floor area; and
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General Regulations
Zoning Bylaw No. 713, 2020
Shall neither produce noise, vibration, heat, glare, odour or
electrical interference detectable from outside the premises nor
generate excessive traffic or air pollution by way of smoke or dust.
It is conducted by the residents of the Dwelling Unit on the Lot;
No more than one non family member may be employed on the
premises;
No commodity shall be sold on the premises except that which is
produced on the premises;
No operations, displays or Signs shall be visible from outside the
premises with the exception of a single nameplate not exceeding 0.2
square metres.
A Bed and Breakfast shall be permitted provided that:
Not more than three bedrooms used for the rental of the business shall
be accommodated within the Dwelling Unit;
No cooking facilities shall be provided within the bedrooms used for the
operations;
One additional Off Street Parking Space shall be provided per bedroom.
Service Stations
Service Stations shall comply with the following requirements:
Gasoline service pumps or pump islands shall be located not closer than
4.5 metres to any property line;
All servicing and servicing equipment, other than that normally carried on
a pump island, shall be entirely enclosed within a Building;
The entire service area shall be paved with a permanent surface of
asphalt or concrete, and any unpaved areas of the Lot shall be suitably
landscaped and maintained, and separated from the paved areas by a
curb or other barrier.
Temporary Use Permits
3.15.1 The District may, by resolution, and in accordance with the requirements of the
Local Government Act, with respect to any Zone, on application of an owner of
land, issue a Temporary Use Permit which may:
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General Regulations
Zoning Bylaw No. 713, 2020
a.
Permit one or more specified Temporary Uses on a Lot;
b.
Permit
the
construction
or
Use
of
Buildings
or
Structures
to
accommodate persons who work at the enterprise in respect of which
the permit is issued;
c.
Specify conditions under which the Temporary Uses may be carried out.
3.15.2 Temporary commercial and industrial Uses may be allowed under Section 942 of
the Local Government Act within all Zones shown as
. In considering
the issuance of a Temporary Use Permit, the Council or its delegate shall
consider the following:
a.
Whether the proposed Use is consistent with the Official Community Plan
designation for the land;
b.
Whether the proposed Use is consistent with relevant policies adopted
by Council;
c.
In the case of any proposed Use that is not consistent with any such plan
or Council policy, the nature and extent of any community benefit from
the Use;
d.
Whether the proposed Use is of a temporary nature or whether it would
be more appropriate for the District to consider permitting the Use by
rezoning;
e.
The suitability and compatibility of the proposed Use with the
surrounding area, including its operation, function, appearance, and
intensity of Use;
f.
The impact of the proposed Use on the operation of adjacent Uses;
including future land Uses permitted by the Zoning Bylaw and designated
by the Official Community Plan; and
3.15.3 All holders of Temporary Use Permits will be required, as a condition of the
permit, to give an undertaking to demolish or remove a temporary Building or
Structure or Accessory Building which was established to accommodate a
Temporary Use, and to restore the land to its original condition, within thirty
(30) days of the end of the permit term; the undertaking will form part of the
permit. If the Owner fails to comply with the undertaking, the District will enter
onto the land and carry out the demolition, removal or restoration, at the
expense of the Owner.
3.15.4 The District Council may, as a condition of issuing a Temporary Use Permit,
require that the applicant provide to the District Council security in the form of
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General Regulations
Zoning Bylaw No. 713, 2020
an Irrevocable Letter of Credit or cash, to guarantee the performance of the
terms of the permit.
3.15.5 A person whom a Temporary Use Permit has been issued may apply to have the
permit renewed for an additional term up to three (3) years; however Section
492 of the Local Government Act states that the permit may be renewed only
once.
Mixed Commercial/ Residential Use
Where permitted in this Zoning Bylaw, a residential Dwelling Unit contained in
a commercial Use shall:
Be located only above the first Storey;
Have a minimum Floor Area of 40 square metres;
Have a maximum Density of 30 Dwelling Units per hectare.
Shall require an Amenity Area meeting the following minimum area
standards, except in the case of a single Dwelling Unit, provided for an
owner, operator or employee:
Bachelor Unit
10 square metres;
One (1) bedroom unit
15 square metres;
Two (2) bedroom unit
20 square metres;
Three (3) bedroom unit
30 square metres;
Where permitted in this Zoning Bylaw, a Lot containing a Mixed Commercial/
Residential Use shall conform to the following:
Have two (2) Off Street Parking Spaces per Dwelling Unit plus one (1)
visitor Off Street Parking Space located at the rear or side of the
Building;
Have no Recreational Vehicles parked and/or stored on the Lot;
Have the ground floor of the Mixed Use Development built to the Front
Lot Line, with Off Street Parking behind the Building;
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General Regulations
Zoning Bylaw No. 713, 2020
Waterfront Residential Lots
Where a residential Lot has frontage on a river, lake or sea, the following Uses
are permitted; subject to the provisions of the Navigable Waters Protection
Act:
Docks, floats or moorings accessory to an adjacent residential Uses;
Campgrounds
3.18.1 Where a zone includes campground as a use, the following conditions must be
satisfied for the establishment, alteration, and continued operation of the
campground:
Only one camping unit and parking associated with such unit shall be
allowed in a single camping space;
No camping units shall be located elsewhere than in a camping space;
Each camping party or guest in a cabin at a campground may stay for a
maximum of 30 days cumulative days between May 1st and October 31st
and no restriction on the length of stays from November 1st to April 30th;
No buildings or structures are permitted on camping spaces;
Notwithstanding the provisions in Table 3 and Sections 5.1.7, 5.9.6, &
5.18.6 of the District of Port Edward Zoning Bylaw, the maximum height of
buildings and structures within a campground may not exceed 8 meters in
height and shall contain no more than two stories;
The number of cabins within a campground must not exceed 25% of the
number of camping spaces;
Each Cabin must not exceed 46 m2 in total floor area, but Cabins must not
be less than 10 m2 in total floor area.
The floor area within an accessory structure that is used for the sale of
convenience goods and items shall not exceed 37 m2.
The floor area within an accessory structure that is used for the sale of
convenience good and items shall not exceed 37 m2.
Amendment
Bylaw #731
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Floodplain Management
Zoning Bylaw No.713, 2020
FLOODPLAIN MANAGEMENT
Floodplain Designation
The purpose of the Floodplain management provisions is to reduce the risk of
injury, loss of life, and damage to Buildings and Structures due to flooding.
However, neither the Corporation of the District of Port Edward nor the
Province of British Columbia represent to any person that any Building or
Structure, including a Manufactured Dwelling, used, constructed, or located in
accordance with the following provisions will not be damaged by flooding.
The following land is designated as Floodplain:
Land lower than the Flood Construction Levels specified in Section 4.2.1;
and
Land within the Floodplain Setbacks specified in Section 4.2.2.
Floodplain Specifications
The following elevations are specified as Flood Construction Levels, except that
where more than one Flood Construction Level is applicable, the higher
elevation shall be the Flood Construction Level:
1.5 metres above the Natural Boundary of any Watercourse;
1.5 metres above the Natural Boundary of the sea; and
1.5 metres above the Natural Boundary of any other lake, marsh, or
pond.
The following distances are specified as Floodplain Setbacks, except that
where more than one Floodplain Setback is applicable, the greater distance
shall be the Floodplain Setback:
15 metres from the Natural Boundary of any Watercourse;
15 metres from the Natural Boundary of the sea;
7.5 metres from the Natural Boundary of a lake, marsh, or pond.
Application of Specifications
Pursuant to Section 910 (5) of the Local Government Act,
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Floodplain Management
Zoning Bylaw No.713, 2020
The underside of any floor system, or the top of any Pad supporting any
space or room, including a Manufactured Dwelling, that is used for
dwelling purposes, business, or the storage of goods which are
susceptible to damage by floodwater shall be above the Flood
Construction Levels specified in this Bylaw, and
Any fill required to support a floor system or Pad shall not extend within
any Floodplain Setback from a Watercourse or body of water specified in
this Bylaw.
Structural support or compacted fill or a combination of both may be used to
elevate the underside on the floor system or the top of the Pad above the
Flood Construction Levels specified in Section 4.2.1. The structural support
and/or fill shall be protected against scour and erosion from flood flows, wave
action, ice and other debris.
The Building Inspector, or such person appointed by the Council, may require
that a British Columbia Land
Certificate be required to verify
compliance with the Flood Construction Levels and Floodplain Setbacks
specified in Section 4.2.1 and 4.2.2. The cost of verification shall be assumed
by the land owner.
General Exemptions
The following types of Development are exempt from the requirement of
Section 4.3.1.a of this Bylaw:
A renovation of an existing Building or Structure that does not involve an
addition thereto;
An addition to a Building or Structure, at the original non conforming
floor elevation, that would increase the size of the Building or Structure
by less than 25 percent of the ground floor area (excluding Carports or
Garages) existing at the date of adoption of this Bylaw, provided that the
degree of nonconformity regarding Setback is not increased;
That portions of a Building or Structure to be used as a Carport, Garage
or entrance foyer;
Farm Buildings other than Dwelling Units and closed sided livestock
housing;
Hot water tanks and furnaces behind Standard Dykes;
Closed sided livestock housing behind Standard Dykes;
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Floodplain Management
Zoning Bylaw No.713, 2020
Heavy Industry behind Standard Dykes;
On loading and off loading facilities associated with water oriented
industry and portable sawmills;
Marinas, excluding non floating Buildings.
The following types of Development are exempt from the requirement of
Section 4.3.1.a of this Bylaw, subject to the following conditions:
Farm Dwelling Units:
Farm Dwelling Units on parcel sizes 8.1 hectares, or greater, located
within the Agricultural Land Reserve, shall be located with the underside
of a wooden floor system or the top of the Pad of any Habitable Area (or
in the case of a manufactured home the top of Pad or the ground surface
on which it is located) no lower than 1.0 metres above the Natural
Ground Elevation taken at any point on the perimeter of the Building, or
no lower than the Flood Construction Levels specified in Section 4.2.1 of
this Bylaw, whichever is the lesser.
Closed Sided Livestock Housing:
Closed sided livestock housing not behind Standard Dykes shall be
located with the underside of the wooden floor system or the top of the
Pad (or is the case of a manufactured home the top of Pad or the ground
surface on which it is located) no lower than 1.0 metres above the
Natural Ground Elevation taken at any point on the perimeter of the
Building, or no lower than the Flood Construction Levels specified in
Section 4.2.1 of this Bylaw, whichever is the lesser.
The following type of Development is exempt from the requirement of Section
4.3.1.b of this Bylaw subject to the following conditions:
Adjacent to the Sea:
Landfill or structural support for a coastal Development or other type of
Development shall be permitted a Setback of 7.5 metres from Natural
Boundary of the sea where the sea Frontage is protected from erosion
by a natural bedrock formation or works designed by a Professional
Engineer and maintained by the owner of the land.
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Zone Regulations
Zoning Bylaw No. 713, 2020
ZONE REGULATIONS
The following table outlines the regulations for each Zone:
Table 3: Zone Regulations
* See additional regulations for this Zone.
Zone
MAX Lot
Coverage
(%)
MIN Lot
Area
MIN Lot
Width
(m)
Principal Building
MIN Setbacks (m)
Accessory Building
MIN Setbacks (m)
MAX Building
Height (m)
Front
Rear
Side
Front
Rear
Side
A1
A2
15
25
1 ha
0.6 ha
60
30
6
6
6
6
6
6
6
6
3
3
3
3
11
11
R1
R2
40
40
500 m2
660 m2
15
18
4
4
5
6
1.5*
1.5*
4
4
1.5
1.5
1.5
1.5
11
11
RM1
RM2
RM3
50
50
N/A
1000 m2
1000 m2
1 ha
25
25
60
4
4
6
5
5
6
3
3
6
4
4
6
3
3
6
3
3
6
11
15
11
C1
C2
C3
C4
70
50
70
60
450 m2
1000 m2
450 m2
5 ha
15
20
15
100
6
6
6
20
3
3
3
3
0
3
3
3
6
6
6
20
3
3
3
3
3
3
3
3
15
11
15
15
M1
M2
M3
60
60
60
900 m2
900 m2
1 ha
30
30
60
6
6
10
6
6
10
3
3
3
6
6
10
3
3
3
3
3
3
15
15
60
PRPA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
U1
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
15
P1
60
450 m2
15
6
6
3
6
3
3
15
Q1
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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Zone Regulations
Zoning Bylaw No. 713, 2020
Rural
A1
Permitted Uses
In the A1 Zone, the following Principal Uses are permitted and all others
are prohibited:
Agriculture;
Animal Hospital;
Animal Shelter;
Campground (Subject to s.3.18 Campgrounds)
Commercial Greenhouse;
Forestry;
Gravel Extraction;
Kennel;
Manufactured Dwelling;
Nursery;
Pound;
Private Club or Lodge;
Single Family Dwelling; and
Trapping, Guide and Outfitting Operations.
In the A1 Zone, the following Accessory Uses are permitted and all
others are prohibited:
Bed and Breakfast;
Boarding House;
Home Occupation; and
Secondary Suite.
Conditions of Use
Each Lot shall have a maximum of two Single Family Dwellings.
Maximum Lot Coverage
The maximum Lot Coverage shall be 15% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 1 hectare.
Minimum Lot Width
Amendment
Bylaw #731
Part 5:
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Zone Regulations
Zoning Bylaw No. 713, 2020
Rural
A1
Each Lot shall have a width of not less than 60 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
6 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 11 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Rural Residential
A2
Permitted Uses
In the A2 Zone, the following Principal Uses are permitted and all others
are prohibited:
Agriculture;
Manufactured Dwelling; and
Single Family Dwelling.
In the A2 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Bed and Breakfast;
Boarding House;
Home Occupation; and
Secondary Suite.
Conditions of Use
Each Lot shall have a maximum of two Single Family Dwellings.
Maximum Lot Coverage
The maximum Lot Coverage shall be 25% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 0.6 hectare.
Minimum Lot Width
Each Lot shall have a width of not less than 30 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
6 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
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Zone Regulations
Zoning Bylaw No. 713, 2020
Rural Residential
A2
The height of Buildings and Structures shall not exceed 11 metres.
Minimum Floor Area
Each Single Family Dwelling shall contain not less than 100 square
metres of floor area.
The combined total floor area of all Accessory Buildings and Structures
on a Lot shall not exceed 300 square metres and no single Accessory
Building shall exceed 200 square metres in floor area.
No Accessory Building or Structure shall be sited, placed or constructed
unless the Principal Building has been or is simultaneously being sited or
constructed.
Subdivision Density and Lot Requirements
No Lot having an area less than 0.6 hectares abutting the Natural
Boundary of a lake is permitted.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Single Family Residential
R1
Permitted Uses
In the R1 Zone, the following Principal Uses are permitted and all others
are prohibited:
Single Family Dwelling.
In the R1 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Suite;
Bed and Breakfast;
Boarding House;
Home Occupation; and
Secondary Suite.
Maximum Lot Coverage
The maximum Lot Coverage shall be 40% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 500 square metres
Minimum Lot Width
Each Lot shall have a width of not less than 15 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
4 metres from a Front Lot Line;
5 metres from a Rear Lot Line; and
1.5 metres from a Side Lot Line, except for a Corner Lot where the
Setback shall be 3 metres from the Exterior Side Yard.
No Accessory Building shall be sited less than:
4 metres from a Front Lot Line;
1.5 metres from a Rear Lot Line; and
1.5 metres from a Side Lot Line, except for a Corner Lot where the
Setback shall be 3 metres from the Exterior Side Yard.
Maximum Building Height
The height of Buildings and Structures shall not exceed 11 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Single Family Residential
R1
Minimum Floor Area
Each Single Family Dwelling shall contain not less than 100 square
metres of floor area.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Two Family Residential (Duplex)
R2
Permitted Uses
In the R2 Zone, the following Principal Uses are permitted and all others
are prohibited:
Single Family Dwelling; and
Two Family Dwelling (Duplex).
In the R2 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Suite;
Bed and Breakfast;
Boarding House;
Home Occupation; and
Secondary Suite.
Maximum Lot Coverage
The maximum Lot Coverage shall be 40% of the Lot Area.
Minimum Lot Area
Each Lot in the R2 Zone shall have an area of not less than 660 square
metres
Minimum Lot Width
Each Lot in the R2 Zone shall have a width of not less than 18 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
4 metres from a Front Lot Line;
5 metres from a Rear Lot Line; and
1.5 metres from a Side Lot Line, except for a Corner Lot where the
Setback shall be 3 metres from the Exterior Side Yard.
No Accessory Building shall be sited less than:
4 metres from a Front Lot Line;
1.5 metres from a Rear Lot Line; and
1.5 metres from a Side Lot Line, except for a Corner Lot where the
Setback shall be 3 metres from the Exterior Side Yard.
Maximum Building Height
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Zone Regulations
Zoning Bylaw No. 713, 2020
Two Family Residential (Duplex)
R2
The height of Buildings and Structures shall not exceed 11 metres.
Minimum Floor Area
Each Dwelling Unit in a Two Family Dwelling Zone shall contain not less
than 50 square metres of floor area.
No Single Family Dwelling shall contain less than 110 square metres of
floor area.
Minimum Building Width
The minimum width of a Single Family Dwelling shall not be less than 9
metres.
Conditions of Use
When a side by side duplex is constructed on a Lot in the R2 Zone, each
of the subdivided parcels shall have a minimum Lot Area of 330 square
metres, and a minimum Lot Width of 9 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Multiple Family Residential
RM1
Permitted Uses
In the RM1 Zone, the following Principal Uses are permitted and all
others are prohibited:
Apartment Buildings;
Multiple Family Dwellings;
Townhouses; and
Two Family Dwelling (Duplex).
In the RM1 Zone, the following Accessory Uses are permitted and all
others are prohibited:
Home Occupation.
Permitted Density
The maximum permitted Density shall be 30 Dwelling Units per hectare.
No Dwelling Unit in a Two Family Dwelling shall contain less than 50
square metres of floor area.
Maximum Lot Coverage
The maximum Lot Coverage shall be 50% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 1,000 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 25 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
4 metres from a Front Lot Line;
5 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
4 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Multiple Family Residential
RM1
Maximum Building Height
The height of Buildings and Structures shall not exceed 11 metres.
No Dwelling Unit in a Two Family Dwelling shall contain less than 50
square metres of floor area.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Multiple Family Residential
RM2
Permitted Uses
In the RM2 Zone, the following Principal Uses are permitted and all
others are prohibited:
Apartment Buildings;
Multiple Family Dwellings;
Townhouses; and
Two Family Dwelling (Duplex).
In the RM1 Zone, the following Accessory Uses are permitted and all
others are prohibited:
Home Occupation.
Permitted Density
The maximum permitted Density shall be 60 units per hectare.
No Dwelling Unit in a Two Family Dwelling shall contain less than 50
square metres of floor area.
Maximum Lot Coverage
The maximum Lot Coverage shall be 50% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 1,000 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 25 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
4 metres from a Front Lot Line;
5 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
4 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Multiple Family Residential
RM2
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Manufactured Home Park Residential
RM3
Permitted Uses
In the RM3 Zone, the following Principal Uses are permitted and all
others are prohibited:
Manufactured Home Park.
Permitted Density
The maximum number of Manufactured Dwellings shall not exceed 22
units per hectare.
Minimum Lot Area
Each Manufactured Home Space for a Manufactured Home Park shall
have an area of not less than 1 hectare.
Minimum Lot Width
Each Manufactured Home Space for a Manufactured Home Park shall
have a width of not less than 60 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
6 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
6 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 11 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Manufactured Home Park Residential
RM3
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Core Commercial
C1
Permitted Uses
In the C1 Zone, the following Principal Uses are permitted and all others
are prohibited:
Community Service;
Cultural Use;
Entertainment Use;
Market;
Funeral Parlour;
Hotel;
Laundromat;
Licensed Establishment;
Liquor Store;
Mixed Commercial/Residential Use;
Neighbourhood Convenience Store;
Personal Services Establishment;
Professional, Financial, Office, and Business Support Services;
Restaurant;
Retail Use; and
Service Use.
In the C1 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Residential Use.
Conditions of Use
Every business or undertaking shall be conducted within a completely
enclosed Building or Structure, except for parking and loading facilities.
Maximum Lot Coverage
The maximum Site coverage shall be 70% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 450 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 15 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Core Commercial
C1
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line; and
3 metres from a Rear Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line; and
3 metres from a Rear Lot Line.
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Tourist Commercial
C2
Permitted Uses
In the C2 Zone, the following Principal Uses are permitted and all others
are prohibited:
(Subject to s.3.18 Campground);
Market;
Hotel;
Motel;
Tourist Accommodation Use; and
Tourist Information.
In the C2 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Residential Use;
Commercial Recreation;
Laundromat;
Neighbourhood Convenience Store;
Restaurant;
Security Suite; and
Vehicle Rental.
Maximum Lot Coverage
The maximum Site coverage shall be 50% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 1000 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 20 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
Amendment
Bylaw #731
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Zone Regulations
Zoning Bylaw No. 713, 2020
Tourist Commercial
C2
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 11 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
General Commercial
C3
Permitted Uses
In the C3 Zone, the following Principal Uses are permitted and all others
are prohibited:
Assembly Use;
Auto body Repairs;
Building and Garden
Supplies;
Bus Terminal;
Car and/or Truck Wash;
Commercial Greenhouse;
Contractor, Trade;
Cultural Use;
Drive Through Business;
Entertainment Use;
Market;
Funeral Parlour;
Gaming Centre;
Gas Bar;
Hotel;
Laundromat;
Licensed Establishment;
Liquor Store;
Marinas;
Mini Storage;
Mixed Commercial
/Residential Use;
Motel;
Neighbourhood
Convenience Store;
Private Club or Lodge;
Restaurant;
Retail Use;
Retail Warehouse;
Service and Repair Shop;
Service Station;
Service Use;
Taxidermy;
Tire Sales or Repair;
Tourist Accommodation
Use;
Tourist Information; and
Vehicle Rental;
In the C3 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Residential Use; and
Security Suite.
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Zone Regulations
Zoning Bylaw No. 713, 2020
General Commercial
C3
Conditions of Use
Every business or undertaking shall be conducted within a completely
enclosed Building or Structure, except for: parking and loading facilities,
outdoor display, rental, sales and Storage Yards for items to be sold
within the premises.
Maximum Lot Coverage
The maximum Site coverage shall be 70% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 450 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 15 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
General Commercial
C3
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Commercial Lodging
C4
Permitted Uses
In the C4 Zone, the following Principal Uses are permitted and all others
are prohibited:
Lodging, Temporary.
In the C4 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Residential;
Assembly;
Bus Terminal;
Laundromat;
Neighbourhood Convenience Store;
Personal Services Establishment;
Restaurant;
Security Suite; and
Vehicle Storage and Parking Facilities.
Conditions of Use
In the C4 Zone, no sleeping unit shall be used as the residence of more
than one person.
Maximum Lot Coverage
The maximum Site coverage shall be 60% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 5 hectares.
Minimum Lot Width
Each Lot shall have a width of not less than 100 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
20 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Commercial Lodging
C4
No Accessory Building shall be sited less than:
20 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Light Industrial
M1
Permitted Uses
In the M1 Zone, the following Principal Uses are permitted and all others
are prohibited:
Animal Hospital;
Auction Sales;
Auto body Repairs;
Building and Garden
Supplies;
Car and/or Truck Wash;
Card Lock Fuel Sales;
Commercial Greenhouse;
Concrete Mixing;
Contractor, Trade;
Equipment Rental, Leasing
and Sales;
Industrial, Light;
Manufacturing;
Marinas;
Manufactured Home
Sales;
Nursery;
Recreational Vehicle Sales;
Recreational Vehicle
Storage;
Recycling Depot;
Retail Warehouse;
Taxidermy;
Tire Sales or Repair;
Transportation Use;
Trucking, Hauling, Moving
and Storage;
Vehicle Rental;
Vehicle Storage and
Parking Facilities;
Warehouse Use; and
Wholesale Business.
In the M1 Zone, the following Accessory Uses are permitted and all
others are prohibited:
Accessory Residential;
Security Suite; and
Storage Yard.
Conditions of Use
Every business or undertaking shall be conducted within a completely
enclosed Building or Structure, except for parking and loading facilities,
outdoor display, rental, sales or Storage Yards, and open storage areas.
No storage areas shall be located in any required front Setback.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Light Industrial
M1
Maximum Lot Coverage
The maximum Site coverage shall be 60% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 900 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 30 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Waterfront/General Industrial
M2
Permitted Uses
In the M2 Zone, the following Principal Uses are permitted and all others
are prohibited:
Aquaculture;
Auto body Repairs;
Equipment Rental, Leasing and Sales;
Industrial, Light;
Manufacturing;
Marinas;
Recycling Depot;
Storage Yard;
Transportation Use;
Trucking, Hauling, Moving, and Storage;
Vehicle Storage and Parking Facilities; and
Warehouse Use;
In the M2 Zone, the following Accessory Uses are permitted and all
others are prohibited:
Accessory Residential; and
Security Suite.
Conditions of Use
Automobile wrecking Yards and Junk Yards shall be located no less than
30 metres from abutting R or RM Lots.
Maximum Lot Coverage
The maximum Site coverage shall be 60% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 900 square metres.
Minimum Lot Width
Each Lot shall have a width of not less than 30 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
M
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Heavy Industrial
M3
Permitted Uses
In the M3 Zone, the following Principal Uses are permitted and all others
are prohibited:
Asphalt Manufacturing and Processing;
Auction Sales;
Automobile Wrecking Yard;
Concrete Mixing;
Contractor, Trade;
Equipment Rental, Leasing and Sales;
Industrial, Heavy;
Industrial, Light;
Lodging, Temporary
Manufacturing Uses;
Transportation Use;
Trucking, Hauling, Moving and Storage;
Utilities, Major; and
Warehouse Use.
In the M3 Zone, the following Accessory Uses are permitted and all
others are prohibited:
Accessory Residential;
Security Suite; and
Storage Yard.
Conditions of Use
Automobile Wrecking Yards and Junk Yards shall be located no less than
30 metres from abutting R or RM Lots.
Maximum Lot Coverage
The maximum Lot Coverage shall be 60% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 1 hectare.
Minimum Lot Width
Each Lot shall have a width of not less than 60 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Heavy Industrial
M3
Minimum Setbacks
No Principal Building shall be sited less than:
10 metres from a Front Lot Line;
10 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
10 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 60 metres.
Typical Siting Regulations
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Zone Regulations
Zoning Bylaw No. 713, 2020
Prince Rupert Port Authority
PRPA
Land Use regulation in the PRPA Zone is under the jurisdiction of the
Government of Canada.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Quarry
Q1
Permitted Uses
In the Q1 Zone, the following Principal Uses are permitted and all others
are prohibited:
i.
Gravel processing;
ii.
Gravel extraction;
In the Q1 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Office for quarry operation;
Security Suite;
Quarry Storage Yard only;
Conditions of Use
Quarries shall maintain necessary Mines Act authorizations and have a
current Mine Development Plan.
Maximum Lot Coverage
The maximum Lot Coverage shall be 60% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 1 hectare.
Minimum Lot Width
Each Lot shall have a width of not less than 10 metres.
Minimum Setbacks
No Principal Use or Building shall occur or be sited less than:
10 metres from a Front Lot Line;
10 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Use or Building shall occur or be sited less than:
10 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Maximum Building Height
The height of Buildings and Structures shall not exceed 6 metres.
Typical Siting Regulations
Q1
Quarry
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Zone Regulations
Zoning Bylaw No. 713, 2020
Public Utility
U1
Permitted Uses
In the U1 Zone, the following Principal Uses are permitted and all others
are prohibited:
Landfill;
Land Treatment Facility; and
Utilities, Major.
Conditions of Use
Nothing shall be done which is or will become an annoyance or nuisance
to the surrounding areas or community be reason of unsightliness, the
emission of odours, liquid effluents, dust, fumes, smoke, vibration, noise
or glare nor shall anything be done which created or causes a health, fire
or explosion hazard, electrical interference or undue traffic congestion.
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
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Zone Regulations
Zoning Bylaw No. 713, 2020
Institutional & Public Use
P1
Permitted Uses
In the P1 Zone, the following Principal Uses are permitted and all others
are prohibited:
Assembly Use;
Campground (Subject to s.3.18 Campground);
Community Service;
Cultural Use;
Market;
Institutional Use;
Marinas;
Parking Non Accessory;
Private Club or Lodge; and
Tourist Information.
In the P1 Zone, the following Accessory Uses are permitted and all others
are prohibited:
Accessory Residential Use.
Maximum Lot Coverage
The maximum Site coverage shall be 60% of the Lot Area.
Minimum Lot Area
Each Lot shall have an area of not less than 450 square metres except
that no minimum Lot size is required for Civic Uses.
Minimum Lot Width
Each Lot shall have a width of not less than 15 metres.
Minimum Setbacks
No Principal Building shall be sited less than:
6 metres from a Front Lot Line;
6 metres from a Rear Lot Line; and
3 metres from a Side Lot Line.
No Accessory Building shall be sited less than:
6 metres from a Front Lot Line;
3 metres from a Rear Lot Line; and
Amendment
Bylaw #731
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Zone Regulations
Zoning Bylaw No. 713, 2020
Institutional & Public Use
P1
3 metres from a Side Lot Line.
Maximum Building Height
The height of Buildings and Structures shall not exceed 15 metres.
Typical Siting Regulations
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Parking and Loading
Zoning Bylaw No. 713, 2020
PARKING AND LOADING
Application of Regulations
Every Building Permit application for a new, enlarged, or remodeled Building,
Structure, or Use shall include an off street parking plan drawn to scale and
fully dimensioned, showing all off street parking and off street loading facilities
and related Site improvements.
All off street parking plans shall comply with all of the regulations of Part 6.
Establishment of Parking Facilities
Where off street parking or loading facilities are provided when not required,
or in excess of the requirements, the location, design and operation of such
facilities shall comply with all of the regulations of Part 6.
General Requirements
The minimum number of Off Street Parking Spaces or Off Street Loading
Spaces required for each Building class, type or Use shall be provided in all
Zones. In the case of a Use not specifically mentioned, the required number of
Off Street Parking Spaces or Off Street Loading Spaces shall be the number
required for the most similar Use.
Where there is more than one Use on a Lot, the total requirements for Off
Street Parking Spaces or Off Street Loading Spaces shall be the sum of
requirements for the various Uses calculated separately.
Where the number of employees is used as a unit of measurement for
determining the number of required Off Street Parking Spaces, the greatest
number of employees at the workplace at any time of the day or night in a
particular Building or for a particular Use during any season of the year shall be
used to calculate the requirement.
Where seating accommodation is used as a unit of measurement for
determining the number of required Off Street Parking Spaces, and such
accommodation consists of benches, pews, booths, and the like, each 0.5m of
width of such seating accommodation shall be counted as one (1) seat.
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Parking and Loading
Zoning Bylaw No. 713, 2020
Where the calculation of the required Off Street Parking Spaces or Off Street
Loading Spaces results in a fraction, one (1) Off Street Parking Space or Off
Street Loading Space shall be provided in respect of that fraction.
The required Off Street Parking Spaces shall be on the same Lot as the
Principal Use, or be located on a separate Lot, located within 150m of the
Principal Use. Any Off Street Parking Spaces not located on the Lot of the
Principal Use shall be restricted for Use as a parking lot by a private easement
over the Lot in favour of the Principal Use Lot, including a Section 219
covenant registered under the Land Title Act in favour of the District
Municipality to ensure the easement is not released without the District
consent, and both the easement and covenant must be
registered at the Land Title Office.
For
residential and Community Care Facilities, the number of required
Off Street Parking Spaces can be reduced by up to 50%.
Where more than ten (10) Off Street Parking Spaces are provided, every off
street Parking Area shall provide 5% of required spaces, with a minimum of
one (1) space and a maximum of four (4) spaces, for the Use of physically
challenged persons. Each of these spaces shall be at least 3.7 metre wide,
located as close as possible to the main accessible Building entrance, and be
clearly identified with the recognized logo painted in blue.
Where a Building or Structure contains more than one Use whose hours of
operation do not overlap, the required number of Off Street Parking Spaces
shall be the maximum number required for any of those individual Uses.
Design, Development and Maintenance Standards
General Regulations
All Off Street Parking Spaces and Off Street Loading Spaces and
Maneuvering Aisles shall be paved to provide an even, hard surface, and
all storm water shall be collected on site and discharged by underground
storm drainage mains to the municipal storm drainage system. Where a
municipal underground storm drainage system does not exist, then
surface drainage shall be discharged to the open ditch drainage system.
In no case shall grades be established that would permit drainage to cross
Lot boundaries or sidewalks. In lieu of asphalt pavement, concrete is an
acceptable alternative to provide a hard surface for all Off Street Parking
spaces and Maneuvering Aisles.
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Parking and Loading
Zoning Bylaw No. 713, 2020
All off street Parking Areas and loading areas shall be provided with
adequate curbs, bollards or other similar restraints in order to retain all
vehicles within such permitted off street Parking Area or loading areas,
and to ensure that Fences, walls, hedges of Landscaping, as well as any
Buildings, will be protected from parked or maneuvering vehicles.
Where more than four (4) Off Street Parking Spaces are provided, they
shall be so designed that no vehicle shall be required to back out onto
any Highway other than a lane.
Where more than 24 Off Street Parking Spaces are provided, at least two
(2) separate access points from a Highway shall be provided.
Every Off Street Parking Space, all Off Street Loading Spaces, all
Maneuvering Aisles and all driveway connections to Highways shall be
surfaced with asphalt or concrete pavement.
All paving works required in Section 6.4.1.e shall be completed within
twenty four (24) months of the issuance of the Occupancy Permit.
For all Lots in the M 1 and M 3 Zones, paving of off street Parking Areas,
loading areas, Maneuvering Aisles, and driveways shall be paved as
required in Section 6.5.1.e, except where the adjacent Highway is not
paved. In these instances, the required on site paving may be deferred
until such time as the adjacent Highway is paved. However, a covenant
as described in Section 219 of the Land Title Act shall be registered on the
property title, ensuring that asphalt pavement be provided when the
adjacent Highway is paved.
The following areas may be exempt from Section 6.4.1.e provided that all
surfaces are paved or gravelled and compacted, and treated to suppress
dust and kept free of weeds:
The internal road system and area of a Campground where camp
sites are provided.
All lighting used to illuminate any off street Parking Area or loading area
shall be arranged and installed so that all direct rays of light are projected
upon such Parking Area and not upon adjoining Lots or Highways.
Signs or other markers shall be utilized within an off street Parking Area
or loading area to ensure safe and efficient traffic operation and shall be
maintained in a neat and legible condition.
Amendment
Bylaw #731
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Parking and Loading
Zoning Bylaw No. 713, 2020
No part of an off street Parking Area shall be located within 1.5m of any
Principal Building except at or adjacent to Garages or loading entrances
to such Buildings.
Loading Spaces
Off Street Loading Spaces shall:
Be provided on the same Lot as the Use for which they are required;
Be at least 9.0m in length, at least 4.0m in width, and have overhead
clearance of at least 5.0m;
Have vehicular access to and exit from a Highway either directly or by a
clearly defined traffic Aisle;
Be sited at an elevation or elevations convenient to a major floor level in
the Building or to a utility elevator serving major floor level;
Be so graded, paved and drained as to dispose of all surface water. In no
case shall grades be established that would permit drainage to cross Lot
boundaries or sidewalks;
Be surfaced with asphalt or concrete pavement;
Be screened on each side adjoining or fronting on any Lot in a residential
Zone by a wall, Fence, earth berm or hedge of not less than 2.0m in
height;
Be provided in accordance with the nature of the Uses permitted by this
Zoning Bylaw and the following table:
Table 4: Off Street Loading Space Requirements
Use
Required Spaces
Unit of Measure
Commercial
1
Per 3,000sq.m Gross Floor Area
Retail
1
Per 3,000sq.m Gross Floor Area
Office
1
Per 5,000sq.m Gross Floor Area
Hotels/Motels
1
Per 4,000sq.m Gross Floor Area
Restaurants
1
Per 3,000sq.m Gross Floor Area
All Industrial
1
Per 3,000sq.m Gross Floor Area
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Parking and Loading
Zoning Bylaw No. 713, 2020
Off Street Parking Dimensions
The minimum dimensions of Maneuvering Aisles and Off Street Parking
Spaces shall be in accordance with Table 6.2 Minimum Off Street Parking
Dimensions.
Table 5: Minimum Off Street Parking Dimensions
Stall Dimensions
Aisle Width
Angle
Width
Depth
One Way
Two Way
90°
2.8m
6.0m
6.0m
7.0m
60°
2.8m
6.0m
6.0m
7.0m
45°
2.8m
6.0m
6.0m
7.0m
Parallel
2.8m
7.0m
6.0m
7.0m
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Parking and Loading
Zoning Bylaw No. 713, 2020
Notwithstanding Table 5, where the side of a parking stall abuts any
permanent Building or Structure greater than 2.0m in height, the Off Street
Parking Space shall be 0.3m wider than the normal width required.
Figure 1: Parking Dimension Diagrams
Off Street Parking Requirements
All Building Permit applications for a new, enlarged, or remodeled Building,
Structure, or Use shall provide a minimum number of Off Street Parking
Spaces in accordance with Table 6.3 Off Street Parking Requirements:
Table 6: Off Street Parking Space Requirements
USE
PARKING REQUIREMENTS
Residential
Accessory Suite
Secondary Suite
1 per Dwelling Unit
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Parking and Loading
Zoning Bylaw No. 713, 2020
USE
PARKING REQUIREMENTS
Bed and Breakfast
Boarding House
1 per bedroom
Home Occupation
1 per 25 square metres of Gross Floor Area
Apartment Building
Manufactured Home Park
Multiple Family Dwellings
Townhouse
1 per Dwelling Unit plus
0.25 per unit designated for visitor parking
Housing
1 per 3 Dwelling Units
Single Family Dwelling
Two Family Dwelling
2 per Dwelling Unit
Commercial
Auto body Repairs
Building and Garden Supplies
Car and/or Truck Wash
1 per employee plus 1 per 100 square metres
of Gross Floor Area
Bus Terminal
1 per 100 square metres of Gross Floor Area
Commercial Campground
Tourist Accommodation Use
1 per camping space plus 1 per sleeping unit
Commercial Recreation
12 per 100 square metres of Gross Floor Area
Entertainment Use
2 per 100 square metres of Gross Floor Area
Funeral Parlour
1 per 4 seating spaces
Gaming Centre
1 per 10 square metres of Gross Floor Area
Hotel
Lodging
Motel
1 per sleeping unit plus 1 per 4 seating spaces
for
associated
eating
or
drinking
establishment
Drive Through Business
Licensed Establishment
Restaurant
1 per 4 seating spaces
Liquor Store
Neighbourhood Convenience Store
4 per 100 square metres of Gross Floor Area
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Parking and Loading
Zoning Bylaw No. 713, 2020
USE
PARKING REQUIREMENTS
Personal Services Establishment
2 per 100 square metres of Gross Floor Area
Professional Financial, Office and Business
Support Services
Taxidermy
3 per 100 square metres of Gross Floor Area
Commercial Greenhouse
Laundromat
Mixed Commercial/Residential Use
Retail Uses
Retail Warehouse
Service Uses
Shopping Centre
5 per 100 square metres of Gross Floor Area
Service and Repair Shop
Tire Sales and Repair
2 per vehicle bay
Service Stations
1 per 2 employees plus 1 per service bay
Vehicle Rental
1 per 50 square metres of Gross Floor Area
Veterinary Hospital, Major
Veterinary Hospital, Minor
4 per veterinarian
Industrial
Auction Sales
1 per 3 seating spaces
Automobile Wrecking Yard
1 per 100 square metres of Gross Floor Area
Gravel Processing
1 per employee
Asphalt Manufacturing and Processing
Concrete Mixing
Heavy Equipment Sales, Repair and/or
Storage
Industrial, Heavy
Recycling Depot
Storage Yard
Warehouse Uses
Wholesale Business
1 per 500 square metres of Gross Floor Area
plus1 per 100 square metres of office space
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Parking and Loading
Zoning Bylaw No. 713, 2020
USE
PARKING REQUIREMENTS
Equipment, Rental, Leasing and Sales
Contractor, Trade
Industrial, Light
Manufacturing
Trucking, Hauling, Moving and Storage
1 per 250 square metres of Gross Floor Area
plus 1 per 100 square metres of office space
Recreational Vehicle Sales
Recreational Vehicle Storage
Vehicle Storage and Parking Facilities
5 per 100 square metres of Gross Floor Area
Public Utility
Landfill
Land Treatment Facility
Utilities, Major
Utilities, Minor
1 per employee plus 1 per 100 square metres
of Gross Floor Area
Institutional & Public Use
Assembly
Community Service
Cultural Use
Market
Institutional Use
Private Club or Lodge
1 per 10 seats plus 5 per 100 square metres
Gross Floor Area used for Assembly
Campground
1 per camping space
Child Care Centre
Community Care Facility
1 per 2 employees plus 1 per 10 patrons;
minimum of 4
Hospitals, Rest Homes
1 space per 3 beds
Marina
1 per 2 boat spaces
Park
1 per 4,000 square metres of useable park
area
Schools
Elementary, Junior High and Senior High
1 per employee
1 per employee plus 1 per 10 students
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Parking and Loading
Zoning Bylaw No. 713, 2020
USE
PARKING REQUIREMENTS
Tourist Information
2 per employee
Parking Limitations
No residential land shall be used for the storage of a Commercial Vehicle,
truck, bus, dismantled or Wrecked Vehicle, boat Trailer or any similar vehicle,
conveyance, craft or equipment, except the following which may be parked or
stored in the Rear Yard or Side Yard only:
Every property owner/ Tenant (must be the registered owner) is limited to
one Recreational boat on a trailer and one RV for storage purposes if the
setbacks and side yard permits
Vessels may be stored from April 1 to October 31 in the front yard
Vehicles only may be stored in the front yard from November 1 to March
31
Recreational vessels, RVs or other devices are not permitted to be stored
on the boulevard
Greater than two of any combination of recreational vehicles or boat
trailers
unless
completely
enclosed
within
a
building
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Zoning Bylaw No. 713, 2020
LANDSCAPING AND SCREENING
Screening Requirements
The height of a Fence or wall shall be determined by measurement from the
ground level at the average grade level within 1 metre of both sides of such
Fence or wall.
That portion of a retaining wall which projects above the surface of the ground
which it supports shall be considered as a Fence.
The following height limitations shall apply to Fence and walls:
In all Zones, except for required screening, Fences and walls not greater
than 1.2 metres high may be located anywhere on a Lot.
In all Zones, except C3 and M Zones, Fences and walls not greater than 2
metres high may be located on any Lot to the rear of a required yard.
In C3 and M Zones, Fences and walls not greater than 2.5 metres high
may be located on any Lot to the rear of the required Front Yard.
Open mesh or chain link Fences erected in industrial Zones or other facilities
including without limitation cemeteries, tennis courts, public playgrounds,
Parks, playing fields, and schools shall not exceed a height of 4 metres.
Where any Lot in the M1, M2, M3 or Q1 Zone abuts Highway 16 or Highway
599R, solid opaque screening with a minimum height of 2.5 metres shall be
provided and maintained along the entire frontage of such Lot on Highway 16
or Highway 599R.
Screening may be in the form of Fencing, berms, or
vegetation, or a combination thereof.
Landscaping Requirements
In any Zone except a R1 or R2 Zone, a Landscape Screen shall be provided and
maintained along that portion of the perimeter of any open Parking Area
abutting or opposite any Lot in a residential Zone.
In any Commercial or Industrial Zone,
Where a Lot is being developed, a Landscape Screen shall be provided
and maintained along that portion of its perimeter abutting or opposite
any Lot in a residential Zone.
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Zoning Bylaw No. 713, 2020
All outdoor storage areas shall be screened from view from adjacent Lots
and Highways by a Landscape Screen, and no stored material located
within 15 metres of said screen shall be piled to extend above said
screen.
The portion of the Lot within 3 metres of the property line abutting a
Highway shall be planted and maintained with any combination of trees,
shrubs, Fence, or lawn.
Automobile Wrecking Yards and Junk Yards shall be screened from view from
adjacent Lots and Highways by a view obscuring Fence no less than 2.5 metres
high; and no material shall be piled to extend above said screen.
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Sign Regulations
Zoning Bylaw No. 713, 2020
SIGN REGULATIONS
Sign Regulation
No Sign permitted by this Bylaw shall, by reason of its location, colour or
intensity, create a hazard to the safe efficient movement of vehicular or
pedestrian traffic.
Permitted Signs
The following Signs are permitted in all Zones:
Public Building and community activity Signs;
Traffic control Signs as defined in the Motor Vehicle Act;
Signs required to be maintained or posted by law or governmental order,
rule or regulation;
Signs indicating a hazard;
On Site Directional Signs;
On any Lot on which a residential Use Building is permitted, Signs
regarding trespassing safety or identification not exceeding 0.2 square
metres in area, and one Sign indicating a permitted Home Occupation;
Temporary political Signs promoting any candidate, party or cause which
may be displayed for 30 days prior to an election or referendum,
provided that such Signs are removed within 7 days following said
election or referendum;
Flags or emblems and Temporary Signs pertaining to campaigns, drives
or events of civic, philanthropic, educational or religious organizations;
Temporary Signs advertising the sale, lease or rental of the Lot or
premises upon which such Signs are situated, provided that the total area
of such Signs shall not exceed 0.6 square metres for each 900 square
metres of Lot Area, but in no case shall the total area of such Signs
exceed 3 square metres; and
Temporary Signs including the name and nature of a construction or
demolition project, plus the names of the contractors, subcontractors
and professional advisors, provided that the total area of such Signs shall
not exceed 5.5 metres.
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Sign Regulations
Zoning Bylaw No. 713, 2020
Prohibited Signs
The following Signs are prohibited in all Zones:
Roof Signs;
Flashing Signs; and
Illuminated Signs.
Rural (A) and Residential (R and RM) Zones
In the A, R, and RM Zones,
The following Signs are permitted:
Those permitted in Section 8.2;
One Identification Sign, no larger than 1.2 square metres in area,
on a Lot in the A Zones pertaining to a permitted Use; and
One Identification Sign on a Multiple Family Dwelling in a RM
Zone.
The siting requirements for signage are:
All Signs shall be located on the Lot of the Building, Structure or
Use to which they refer.
No Sign, except permitted Temporary Signs, shall be located in
any required Yard.
No Sign, except Fascia Signs, shall project into any required Yard.
Freestanding Signs shall be limited in height to 8 metres.
No Sign or part thereof shall project above the roof line of the Building to
which it is attached.
Commercial (C) and Industrial (M) Zones
In the C and M Zones,
The following Signs are permitted:
Those permitted in Section 8.2;
Two Off Site Directional Signs per Lot;
General
Advertising
Signs
including
Billboard
Signs,
in
Commercial Zones only;
Identification Signs;
Local Advertising Signs;
Animated Signs, in Commercial Zones only.
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Sign Regulations
Zoning Bylaw No. 713, 2020
The signage siting requirements are:
All
Signs,
except
Off Site
Directional
Signs
and
General
Advertising Signs, shall be located on the Lot of the Building,
Structure or Use to which they refer;
One Freestanding Sign may be located in a required Yard; and
No Billboard Sign shall be located closer than 6 metres to any
Street line.
The maximum projections of Signs are:
No Sign, except a Fascia Sign, shall project into any required Yard
in a Commercial Zone;
A Canopy Sign or Projecting Sign may extend into a required Yard
in Industrial Zones, provided that such projections shall not
exceed 1.5 metres;
Except in a Commercial Zone, no Sign shall project into or over
public property;
No Sign shall project more than 1.5 metres into or over public
property in a Commercial Zone.
Sign Heights are limited to:
8 metres for Freestanding Signs;
The underside of any fascia of Freestanding Sign which projects
into or over public property shall be not less than 3 metres from
the nearest Finished Grade;
No part of any Canopy Sign or Projecting Sign shall be less that 3
metres nor more than 4 metres from the nearest Finished Grade;
The letters of any Sign affixed to a canopy shall not exceed a
height of 0.25 metres; and
No Sign shall project above the roof line of the Building to which
it is attached.
The maximum Sign areas and Densities are:
The maximum number and maximum areas of Freestanding Signs
permitted on any one Lot shall be as follows:
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Sign Regulations
Zoning Bylaw No. 713, 2020
Table 7: Permitted Number of Signs
Lot Area
Maximum Permitted
Number of Signs
Total Maximum
Sign Area* (m2)
Up to 1100 m2
1
3.25
1100 m2 to 0.5 ha
1
4.7
0.5 to 1 ha
2
14
1 to 2 ha
2
19
Over 2 ha
3
28
*The maximum permitted Sign area in column 3 may be used for
one Sign or may be divided between two or three Signs if such
numbers are permitted in column 2.
The total area of fascia shall not exceed the following percentage
of the area of the wall surface of the Building to which they are
attached.
10 percent in a C1 and M1 Zone;
20 percent in any other Commercial or Industrial Zone.
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Sign Regulations
Zoning Bylaw No. 713, 2020
Institutional and Public Use (P1) Zone
In the P Zone,
The following Signs are permitted:
Those permitted in Section 8.2;
One Off Site Directional Sign per Lot;
Identification Signs.
The signage siting requirements are:
All Signs, except Off Site Directional Signs, shall be located on the
Lot of the Building, Structure or Use to which they refer;
A Freestanding Sign may be located in a required Yard.
The maximum projections of Signs are:
A Canopy Sign may extend into a required Front Yard provided
that such projections shall not exceed 1.5 metres;
No Sign shall project into or over public property.
Sign Heights are limited to:
No part of any Canopy Sign shall be less than 3 metres nor more
than 4 metres from the nearest Finished Grade;
The letters of any Sign affixed to a canopy face shall not exceed a
height of .25 metres;
No Sign or part thereof shall project above the roof line of the
Building to which it is attached.
Maximum Sign areas and densities are:
Not more than one Fascia Sign or one Canopy Sign shall be
located on a Principal Building along each Street which such
Building fronts;
Not more than one Freestanding Sign shall be located on any one
Lot;
With the exception of permitted Temporary Signs, no Sign shall
exceed an area of 3.25 square metres.
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Area Regulations
Zoning Bylaw No. 713, 2020
DEVELOPMENT PERMIT AREA REGULATIONS
Residential Development Permit Area
The Residential Development Permit Areas are all RM Zones as set out in the
District of Port Edward Official Community Plan Bylaw No. 712, 2020. To these
areas, the following regulations shall apply:
Residential Development Permit Area Exemptions
A Residential Development Permit is not required for the following:
Subdivision;
Temporary Buildings and Structures, construction Trailers, temporary
boarding
or
scaffolding,
temporary
Structures
associated
with
a
sidewalk/parking lot sale, and Buildings and Structures permitted by a
Temporary Use Permit;
Construction of, or addition to or alteration of a Building or Structure by
the District, the federal or provincial governments, or their agents for
construction or maintenance works;
Construction of, addition to or alteration of a Building or Structure
involving only: interior renovation, repair or maintenance, façade
improvement to an area less than 20% of the existing façade,
construction of an Accessory Building, or an addition to Principal
Building less than 100 square metres; or,
Replacement of a Building that has been destroyed by natural causes, in
cases where the replacement Building is identical to the original in both
form and location.
Residential Development Permit Area Guidelines
A Residential Development Permit is subject to the following guidelines:
Sites for duplex Lots should be not less than 800 square metres.
Sites for Multiple Family Dwellings should be not less than 1,200 square
metres in order to allow sufficient space to incorporate adequate Site
design and open space.
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Area Regulations
Zoning Bylaw No. 713, 2020
Townhouses shall be clustered to take advantage of open space and
views.
Smaller clusters are preferred and shall not exceed 6 continuous
Dwelling Units.
The repetition of façade in Townhouse developments is discouraged.
Maximum sun exposure should be considered in the siting of Dwelling
Units. The effect of shadows on neighbouring Buildings should also be
considered.
Safety of persons and protection of property shall be considered in the
design of all Development.
Façade colours should be chosen with consideration to providing colour
in winter.
All areas not required for building or parking shall be fully landscaped
with hard and/or soft Landscaping.
Parking Areas and loading areas are to be paved to the standard of the
Port Edward Subdivision Bylaw, 544, 2014.
Rooftop mechanical equipment shall be screened from view.
Landscape Screens and Fenced screening shall be included between
multiple family Developments and other land Uses.
Garbage containers shall be screened from view on three sides.
Commercial Development Permit Area
The Commercial Development Permit Areas are all C Zones as set out in the
District of Port Edward Official Community Plan Bylaw No. 712, 2020. To these
areas, the following regulations shall apply:
Commercial Development Permit Area Exemptions
A Commercial Development Permit is not required for the following:
Subdivision;
Temporary Buildings and Structures, construction Trailers temporary
boarding
or
scaffolding,
temporary
Structures
associated
with
a
sidewalk/parking lot sale, and Buildings and Structures permitted by a
Temporary Use Permit;
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Area Regulations
Zoning Bylaw No. 713, 2020
Construction of, or addition to or alteration of a Building or Structure by
the District, the federal or provincial governments, or their agents for
construction or maintenance works;
Construction of, addition to or alteration of a Building or Structure
involving only: interior renovation, repair or maintenance, façade
improvement to an area less than 20% of the existing façade,
construction of an Accessory Building, or an addition to Principal
Building less than 100 square metres; or,
Replacement of a Building that has been destroyed by natural causes, in
cases where the replacement Building is identical to the original in both
form and location.
Commercial Development Permit Area Guidelines
A Commercial Development Permit is subject to the following guidelines:
The facilitation of pedestrian movement shall be considered in the siting
of commercial Buildings.
Pedestrian connectivity between commercial Buildings and Sites is
encouraged.
Commercial Uses are to be buffered and screened from residential Uses.
Electrical kiosks and mechanical equipment, including rooftops, shall be
screened.
Garbage containers are to be screened.
All areas not utilized for building or parking shall be fully landscaped with
hard or soft Landscaping.
All Parking Areas are to be paved to the standard established by the
District of Port Edward Subdivision Bylaw No. 544, 2014.
Industrial Development Permit Area
The Industrial Development Permit Areas are all M Zones as set out in the
District of Port Edward Official Community Plan Bylaw No. 712, 2020. To these
areas, the following regulations shall apply:
Industrial Development Permit Area Exemptions
An Industrial Development Permit is not required for the following:
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Area Regulations
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Subdivision;
Temporary Buildings and Structures construction Trailers, temporary
hoarding
or
scaffolding,
temporary
Structures
associated
with
a
sidewalk/parking lot sale, and Buildings and Structures permitted by a
Temporary Use Permit;
Construction of, or addition to or alteration of a Building or Structure by
the District, the federal or provincial governments, or their agents for
construction or maintenance works;
Construction of, addition to or alteration of a Building or Structure
involving only: interior renovation, repair or maintenance, façade
improvement to an area less than 20% of the existing façade,
construction of an Accessory Building, or an addition to Principal
Building less than 100 square metres; or,
Replacement of a Building that has been destroyed by natural causes, in
cases where the replacement Building is identical to the original in both
form and location.
Industrial Development Permit Area Guidelines
An Industrial Development Permit is subject to the following guidelines:
All lands designated as Industrial in this Bylaw, or which are Zoned
Industrial in the District of Port Edward Zoning Bylaw No. No. 713, 2020,
are within the Industrial Development Permit Area.
Where industrial lands front along either Highway 16 or Highway 599R
and are therefore subject to the Highway Development Permit Area,
only one Development Permit is required, and both guidelines should be
followed to the greatest extent possible.
Industrial Buildings are to be sited, where practical, close to property
lines to limit the impact of parking and loading from adjacent properties.
Parking Areas and loading areas are to be paved.
Landscaping is to be included along property lines fronting streets,
particularly Highway 599R and Highway 16.
2.5 metre high solid screens are to be constructed between industrial and
residential or between industrial and commercial land Uses.
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Area Regulations
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2.5 metre high solid screens are to be constructed along Highway 599R
and Highway 16 frontages.
Highway Development Permit Area
The Highway Development Permit Areas are all those areas within 50 metres
of Highway 16 and Highway 599R as set out in the District of Port Edward
Official Community Plan Bylaw No. 712, 2020. To these areas, the following
regulations shall apply:
Highway Development Permit Area Exemptions
A Highway Development Permit is not required for the following:
Subdivision;
Temporary Buildings and Structures, construction Trailers, temporary
hoarding
or
scaffolding,
temporary
Structures
associated
with
a
sidewalk/parking lot sale, and Buildings and Structures permitted by a
Temporary Use Permit;
Construction of, or addition to or alteration of a Building or Structure by
the District, the federal or provincial governments, or their agents for
construction or maintenance works;
Construction of, addition to or alteration of a Building or Structure
involving only: interior renovation, repair or maintenance, façade
improvement to an area less than 20% of the existing façade,
construction of an Accessory Building, or an addition to Principal
Building less than 100 square metres; or,
Replacement of a Building that has been destroyed by natural causes, in
cases where the replacement Building is identical to the original in both
form and location.
Highway Development Permit Area Guidelines
A Highway Development Permit is subject to the following guidelines:
All proposed Developments of any kind, or properties located within 50
metres of Highway 16 and Highway 599R shall require a Highway
Development Permit.
All Highway Development Permit applications shall be referred to the
Ministry of Transportation and Infrastructure for comments.
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Area Regulations
Zoning Bylaw No. 713, 2020
The safety of the travelling public will be considered in all Highway
Development Permit applications.
Natural buffers or berms may be required to be retained along the
highway corridors in order to screen development from the travelling
public.
Natural buffers should be retained to a width of 15 metres.
Berms should be constructed to a minimum height of 2.5 metres or
sufficiently to screen the Development from the Highway.
Where natural buffers cannot be used or do not exist and berms are not
feasible, screening and Landscaping shall be provided along Highway
frontages.
Quarry Development Permit Area Guidelines
A Quarry Development Permit is subject to the following guidelines:
Must have a valid Mine Development Plan and all the necessary Mines
Act Authority in order to operate.
All Highway Development Permit applications shall be referred to the
Ministry of Transportation and Infrastructure for comments if required.
Natural buffers should be retained to a width of 15 metres or natural
berm should be constructed.