Consolidated Zoning Bylaw No. 713 (2023 consolidation)

Port Edward, British Columbia

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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 P a g e | 4 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 P a g e | 15 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 Part 2: District of Port Edward P a g e | 21 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 P a g e | 23 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 P a g e | 25 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 P a g e | 26 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; Part 2: District of Port Edward P a g e | 27 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. Part 3: District of Port Edward P a g e | 28 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. Part 3: District of Port Edward P a g e | 29 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. Part 3: District of Port Edward P a g e | 30 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. Part 3: District of Port Edward P a g e | 31 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 Part 3: District of Port Edward P a g e | 32 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: Part 3: District of Port Edward P a g e | 33 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 Part 3: District of Port Edward P a g e | 34 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; Part 3: District of Port Edward P a g e | 35 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 Part 4: District of Port Edward P a g e | 36 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, Part 4: District of Port Edward P a g e | 37 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; Part 4: District of Port Edward P a g e | 38 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. Part 5: District of Port Edward P a g e | 39 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 Part 5: District of Port Edward P a g e | 40 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: District of Port Edward P a g e | 41 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 Part 5: District of Port Edward P a g e | 42 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 Part 5: District of Port Edward P a g e | 43 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 Part 5: District of Port Edward P a g e | 44 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. Part 5: District of Port Edward P a g e | 45 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 Part 5: District of Port Edward P a g e | 46 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 Part 5: District of Port Edward P a g e | 47 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 Part 5: District of Port Edward P a g e | 48 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. Part 5: District of Port Edward P a g e | 49 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 Part 5: District of Port Edward P a g e | 50 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. Part 5: District of Port Edward P a g e | 51 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 Part 5: District of Port Edward P a g e | 52 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. Part 5: District of Port Edward P a g e | 53 Zone Regulations Zoning Bylaw No. 713, 2020 Manufactured Home Park Residential RM3 Typical Siting Regulations Part 5: District of Port Edward P a g e | 54 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. Part 5: District of Port Edward P a g e | 55 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 Part 5: District of Port Edward P a g e | 56 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 Part 5: District of Port Edward P a g e | 57 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 Part 5: District of Port Edward P a g e | 58 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. Part 5: District of Port Edward P a g e | 59 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. Part 5: District of Port Edward P a g e | 60 Zone Regulations Zoning Bylaw No. 713, 2020 General Commercial C3 Typical Siting Regulations Part 5: District of Port Edward P a g e | 61 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. Part 5: District of Port Edward P a g e | 62 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 Part 5: District of Port Edward P a g e | 63 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. Part 5: District of Port Edward P a g e | 64 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 Part 5: District of Port Edward P a g e | 65 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. Part 5: District of Port Edward P a g e | 66 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 Part 5: District of Port Edward P a g e | 67 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. Part 5: District of Port Edward P a g e | 68 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 Part 5: District of Port Edward P a g e | 69 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. Part 5: District of Port Edward P a g e | 70 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. Part 5: District of Port Edward P a g e | 71 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 Part 5: District of Port Edward P a g e | 72 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. Part 5: District of Port Edward P a g e | 73 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 Part 5: District of Port Edward P a g e | 74 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 Part 6: District of Port Edward P a g e | 75 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. Part 6: District of Port Edward P a g e | 76 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. Part 6: District of Port Edward P a g e | 77 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 Part 6: District of Port Edward P a g e | 78 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 Part 6: District of Port Edward P a g e | 79 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 Part 6: District of Port Edward P a g e | 80 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 Part 6: District of Port Edward P a g e | 81 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 Part 6: District of Port Edward P a g e | 82 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 Part 6: District of Port Edward P a g e | 83 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 Part 6: District of Port Edward P a g e | 84 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 Part 7: Landscaping District of Port Edward P a g e | 85 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. Part 7: Landscaping District of Port Edward P a g e | 86 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. Part 8: District of Port Edward P a g e | 87 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. Part 8: District of Port Edward P a g e | 88 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. Part 8: District of Port Edward P a g e | 89 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: Part 8: District of Port Edward P a g e | 90 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. Part 8: District of Port Edward P a g e | 91 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. Part 9: Development Permit District of Port Edward P a g e | 92 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. Part 9: Development Permit District of Port Edward P a g e | 93 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; Part 9: Development Permit District of Port Edward P a g e | 94 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: Part 9: Development Permit District of Port Edward P a g e | 95 Area Regulations Zoning Bylaw No. 713, 2020 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. Part 9: Development Permit District of Port Edward P a g e | 96 Area Regulations Zoning Bylaw No. 713, 2020 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. Part 9: Development Permit District of Port Edward P a g e | 97 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.