Zoning Bylaw No. 1010-2013 (Consolidated December 2025)
Port Hardy, British Columbia
· adopted 2014-06-09
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Consolidated for Convenience
December 2025
AMENDING BYLAWS:
BYLAW 1042-2015: (6143 Bronze Road (add CD-6 Comprehensive Development 6 (Animal Kennel)
BYLAW 1052-2016: (9190 Granville St) Add (12) Funeral Homes to P-2
BYLAW 1053-2016: (8755 Hasting St) from C-2 Commercial to R-2 Duplex Residential
BYLAW 1054-2016: (8765, 8775 & 7215 Hastings) from C-2 Commercial to R-2 Duplex Residential
BYLAW 1055-2016: (8740 Main St - Recycle Depot) Sec 5.1 add CD-7 Comprehensive Development 7
BYLAW 1069-2017: (6715 Bear Cove Highway) from M-2 Marine Industrial to RR-1 Rural Residential
BYLAW 1075-2018: (7305 Market Street) add 'Emergency Shelter' to definitions & add CD-8
Comprehensive Development 8 (Emergency Shelter) Amend Schedule C - Zoning
Map
BYLAW 1078-2018: (8700 Park Drive) add CD-9 Comprehensive Development 9 Amend Schedules A,
B, C and Zoning Map
BYLAW 1080-2018: Small Scale Urban Agriculture and Cannabis Regulations
BYLAW 1085-2018
(8925 Park Drive) Amend Schedule A Zoning Map-West: P-2: Institutional
BYLAW 1088-2018
(8905 Park Drive) Add CD-10 & Amend Zoning Map
BYLAW 1094-2019 (4030 Byng Road) Amend Schedule C Zoning Map East C-5 Tourist Commercial
BYLAW 1113-2020 (9300 Trustee Road) New Zone RM-2 Multiple Family Residential High Density
BYLAW 1119-2020 (8925 Park Drive) New Zone RM-3 Multiple Unit Residential Tenure
BYLAW 1124-2020
New Definitions for Manufactured and Mobile Homes
BYLAW 1126-2020
Short Term Vacation Rentals
BYLAW 1143-2022 (7860 Sockeye Road) from M-2 Marine Industrial to R-1 Single Detached
Residential
BYLAW 1146-2022
Rural Residential Modular/Mobile Home Definition
BYLAW 1151-2022 5840 Goletas Way from Rural Residential to R-1 Single Detached (REPEALED
Bylaw No. 1177-2024)
BYLAW 1166-2023 8750 Douglas Street from C-3 to CD-11
BYLAW 1181-2025
Short Term Vacation Rentals amended
BYLAW 1182-2025 Shipping Containers Added
BYLAW 1185-2025 (PID 000-225-240) RR-1/GH-1 to RR-1
TABLE OF CONTENTS
PART 1: INTERPRETATION
Page
1.1
Title ............................................................................................. 1
1.2
Application ................................................................................... 1
1.3
Definitions .................................................................................... 1
PART 2: ADMINISTRATION
2.1
General Conformity .......................................................................13
2.2
Non-Conforming Situations ............................................................13
2.3
Other Legislation ...........................................................................13
2.4
Enforcement .................................................................................13
2.5
Violation .......................................................................................13
2.6
Penalty .........................................................................................13
2.7
Severability ...................................................................................14
2.8
Bylaw Amendments .......................................................................14
2.9
Development Variance ..................................................................14
PART 3: GENERAL REGULATIONS
3.1
Application of General Regulations .................................................14
3.2
Prohibited Uses .............................................................................14
3.3
Exemptions ...................................................................................14
3.4
Siting, Size and Dimension of Buildings and Structures ....................15
3.5
Yard Requirements........................................................................15
3.6
Servicing Requirements .................................................................15
3.7
Parcel Area, Shape and Dimensions ...............................................16
3.8
Minimum Parcel Area and Size Exemptions .....................................16
3.9
Accessory Buildings and Structures ................................................16
3.10 Secondary Suite Dwellings .............................................................17
3.11 Carriage Home Dwellings ...............................................................17
3.12 Home Occupations (Minor, Major, Rural) ........................................17
3.12.1
Minor Home Occupation ............................................................18
3.12.2
Major Home Occupation ............................................................18
3.12.3
Rural Home Occupation .............................................................18
3.13 Bed and Breakfast .........................................................................19
3.14
Short Term Vacation Rental.................................................................19
3.15 Temporary Dwelling During Construction of Dwelling ......................20
3.16 Occupancy of Existing Dwelling During Construction of a
Replacement Dwelling ..................................................................21
3.17 Carports and Garages ....................................................................21
3.18 Fences, Retaining Walls and Site Triangles .....................................21
3.19 Panhandle Parcels .........................................................................22
3.20 Boat, Motor Vehicle and Recreational Vehicle Storage in
Residential Zones ..........................................................................22
3.21 Building Elevations in Relation to Watercourses ..............................22
3.22 Combined Commercial and Residential Use .....................................23
3.23 Cannabis Regulations ....................................................................23
3.24 Staff Accommodation ....................................................................24
3.25 Urban Agriculture ..........................................................................25
3.25.1
Small Scale Urban Agriculture ....................................................25
3.25.2
Urban Hens...............................................................................25
3.25.3
Mason Bees ..............................................................................25
3.26 Sustainable Building Technologies ..................................................25
3.26.1
Renewable and Co-generation Energy Devices ............................26
3.26.2
Solar Energy Devices .................................................................26
3.26.3
Geothermal Energy Devices .......................................................26
3.26.4
Wind Energy Devices .................................................................26
3.27 Landscape Screening .....................................................................26
3.28 Temporary Use Permit Regulations ................................................27
3.29 Shipping Containers..............................................................................28
PART 4: PARKING AND LOADING
4.1
Application ...................................................................................28
4.2
Requirements ...............................................................................29
4.3
Parking Fee in Lieu of Parking Space ..............................................31
4.4
Parking and Loading Space Tables .................................................32
4.5
Parking Spaces for Persons with Physical Disability ..........................34
PART 5: ESTABLISHMENT OF ZONES
5.1
Zones and Zone Categories ...........................................................35
5.2
Extent of Zones ............................................................................36
PART 6: RESIDENTIAL ZONES
6.1
R-1: Single Detached Residential ..................................................37
6.2
R-1s: Strata Residential .................................................................38
6.3
R-2: Duplex Residential ................................................................39
6.4
R-3: Mobile Home Residential ........................................................40
6.5
RM-1: Multiple Unit Residential ......................................................41
6.6
RM-2: Multiple Unit Residential (High Density)....................................42
6.7
RM-3: Multiple Unit Residential Rental Tenure.................................43
6.8
RR-1: Rural Residential..................................................................44
PART 7: COMMERCIAL ZONES
7.1
C-1: General Commercial ...............................................................45
7.2
C-2: Service Commercial................................................................46
7.3
C-3: Town Centre Commercial .......................................................47
7.4
C-4: Commercial Animal Services ...................................................48
7.5
C-5: Tourist Commercial ................................................................49
PART 8: MARINE ZONES
8.1
M-1: Marine Commercial ................................................................50
8.2
M-2: Marine Industrial ...................................................................51
8.3
M-3 Marine Forest Industrial ..........................................................52
8.4
M-4: Seaplane Base ......................................................................53
8.5
W-1: Waterfront ...........................................................................54
PART 9: INDUSTRIAL ZONES
9.1
I-1: Light Industrial .......................................................................55
9.2
I-2: Heavy Industrial .....................................................................56
9.3
A-1: Airport ..................................................................................57
PART 10: PARKS AND INSTITUTIONAL ZONES
10.1 P-1: Parks and Open Space ...........................................................58
10.2 P-2: Institutional ...........................................................................59
PART 11: HOLDING ZONES
11.1 GH-1: General Holdings .................................................................60
PART 12: COMPREHENSIVE DEVELOPMENT ZONES
12.1 CD-1: Comprehensive Development 1 ............................................61
12.2 CD-2: Comprehensive Development 2 ............................................62
12.3 CD-3: Comprehensive Development 3 ............................................63
12.4 CD-4: Comprehensive Development 4 ............................................64
12.5 CD-5: Comprehensive Development 5 ............................................65
12.6 CD-6: Comprehensive Development 6 ............................................66
12.7 CD-7: Comprehensive Development 7 ............................................67
12.8 CD-8: Comprehensive Development 8 ............................................68
12.9 CD-9: Comprehensive Development 9 ............................................69
12.10 CD-10: Comprehensive Development 10 .........................................70
12.11 CD-11: Comprehensive Development 11 .........................................72
PART 13: LIST OF SCHEDULES ...........................................................73
Schedule A: Zoning Map - West
Schedule B: Zoning Map - Central
Schedule C: Zoning Map - East
Schedule D: Zoning Map - Airport
PART 14: REPEAL ................................................................................73
PART 15: READINGS, APPROVAL AND ADOPTION ...........................73
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A Bylaw to Regulate the Location and Use of Buildings and Structures and the Use of
Land, Including the Surface of Water
WHEREAS the Local Government Act permits a local government to enact a bylaw for the
purposes of prescribing zoning and related requirements.
AND WHEREAS the Council of the District of Port Hardy deems it expedient to adopt Bylaw No.
1010-2013;
NOW THEREFORE, the Council of the District of Port Hardy in open meeting assembled enacts
as follows:
PART ONE: INTERPRETATION
1.1
TITLE
This Bylaw shall be cited as "District of Port Hardy Zoning Bylaw No. 1010-2013".
1.2
APPLICATION
This Bylaw applies to all lands, including the surface of water (both inland fresh water and salt
water tidal areas) and all uses, buildings and structures located within the Corporation of the
District of Port Hardy. For clarification purposes, those lands designated as an Indian Reserve
by the Government of Canada are not subject to this Bylaw.
1.3
DEFINITIONS
All words and phrases used in this Bylaw have their usual or common meaning, except where
they are clarified, expanded or modified as follows:
"Access Aisle" means a road that is used to access parking or loading spaces.
"Accessory Building or Structure" means a building or structure that is subordinate to,
customarily incidental to and exclusively devoted to the principal building or use on the same
parcel.
"Accessory Use" means a use other than a principal use that is subordinate, customarily
incidental to, and exclusively devoted to the principal use on the same parcel.
"Agriculture" means uses related to the growing, rearing, producing and harvesting of
agricultural products; includes the storage and sale on an individual farm of the products
harvested, reared, or produced on that farm, in addition to the storage and repair of farm
machinery, implements and supplies; specifically excludes all manufacturing, processing,
storage and repairs not specifically included in this definition, and also excludes livestock and
poultry processing, piggery use, and feed lots.
2
"Amenity Space" means common space located on the same parcel as a residential building
and used for landscaping or communal recreation purposes, which may include but is not
limited to landscaped areas, rooftop gardens, tennis courts, swimming pools, etc.
"Animal Kennel" means the use of land, building and/or structure for the keeping, boarding,
breeding or training of animals.
"Approving Officer" means any person duly authorized by the municipal council to act as an
approving officer pursuant to the provisions of the Land Title Act, Strata Property Act, Local
Government Act, or other such legislation or regulation as may be from time to time adopted by
the Province of British Columbia.
"Assembly" means a use providing for the gathering of persons for religious, charitable,
philanthropic, cultural, educational or entertainment purposes.
"Bed and Breakfast" means the provision of nightly accommodation and breakfast only for
transient accommodation, as an accessory use within a single detached dwelling.
"Boulevard" means the portion of a highway between the curb lines or the lateral boundary
lines of a roadway and the adjoining property or between curbs on median strips or islands, but
does not include curbs, sidewalks, ditches or driveways.
"Bylaw" means District of Port Hardy Zoning Bylaw No. 1010-2013 and any amendments
thereto.
"Building" means a structure wholly or partially enclosed by a roof or foots supported by walls
or columns or other supporting features, which is intended to accommodate or shelter any use
or occupancy by persons, animals, chattels or things.
"Building, Principal" means a building on a parcel in which a principal use is conducted.
"Building Width" means the lesser of the two horizontal dimensions of a building or structure.
"Campground" means a use of land in which campsites are provided, occupied and
maintained for providing temporary accommodation to the traveling public, tourists and holiday-
makers in tents and recreational vehicles and may include as accessory uses only, the use of
buildings and structures for the provision of a laundry facility, washrooms, shower facility and
convenience store and may also include the accessory use of land, buildings and structures for
the provision of recreation facilities. One single detached dwelling or manufactured home
dwelling may be used to house a caretaker of the campground.
"Campsite" means one area within a campground which is used or intended to be used for
one tent or recreational vehicle.
"Cannabis" means a cannabis plant and anything referred to in the Federal
Cannabis Act as follows:
-
Any part of the cannabis plant, other than mature stalks that do not
contain leaves, flowers or seeds, the cannabis plant fibre, or the plant root.
-
Any substance or mixture of substances that contains or has on it any part of a cannabis
plant.
BYL 1080-2018
Added: Cannabis definition
3
-
Any substance that is identical to any phytocannabinoid produced by, or found in, such a
plant, regardless of how the substance was obtained.
"Cannabis Retailer" means a store where Cannabis is sold to the public, under
license by the Province of British Columbia and meets the regulations as set out
in this bylaw.
"Cold Storage Facility" means a facility that can only be used for the storage of seafood that
have been frozen off the premises or for the freezing of seafood that have been transported
onto the premises but specifically prohibits the cleaning and processing of seafood.
"Combined Commercial and Residential Use" means a building that contains both a
commercial and residential use.
"Community Care Facility" means a facility licensed pursuant to the Community Care and
Assisted Living Act.
"Construction Services" means the use of a business or building that is used for trades
and/or contractor offices, as well as construction equipment sales and storage.
"Council" means the Municipal Council of the District of Port Hardy.
"Day Care Facility" - means a facility providing group day care, family day care, nursing
school, child minding, out of school care, or specialized day care in accordance with the
provisions of the Provincial Child Care Licencing Regulation of the Community Care and Assisted
Living Act.
"District" means the Corporation of the District of Port Hardy and the land under the
jurisdiction thereof.
"Dwelling, Apartment" means a building divided into not less than three dwelling units.
"Dwelling, Attached" means a building divided into not less than three dwelling units with
each dwelling unit having direct access to the outside at finished grade level.
"Dwelling, Caretaker" means an accessory dwelling unit to a principal use located on the
same parcel, and intended to provide accommodation for a person or persons who provide
management, maintenance, and security of the principal uses on the parcel.
"Dwelling, Carriage Home" means an accessory dwelling unit which is subordinate to and
detached from the principal single detached dwelling on the same parcel.
"Dwelling, Duplex" means a building used or designed as two dwelling units, each with direct
access to the outside at grade level, and are connected by a common wall when side by side
and by a common floor when positioned one on top of the other.
"Dwelling, Float Home" means a dwelling unit that incorporates a floatation system that
allows it to be placed on water, but is not intended for navigation or usable as a navigable
vehicle.
"Dwelling, Manufactured Home" means a dwelling unit that:
BYL 1080-2018
Added: Cannabis retailer
Amended Bylaw
1124-2020
4
(a) Was manufactured at a factory and is intended to be occupied as a dwelling at a place
other than its place of manufacture; and,
(b) Meets or exceeds Canadian Standards Association CSA A277.
(c) At least 6.5 metres wide, exclusive of carport, porches, stairways, or any other extension
to the original dwelling unit.
A manufactured home dwelling may include what is commonly referred to as a "manufactured
home", "modular home" or "pre-fabricated home" that meets these criteria but does not include
a Mobile Home or a Recreational Vehicle.
"Dwelling, Mobile Home" means a dwelling unit that:
Is designed to be moved from time to time, which arrives at the site where it is to be occupied
complete and ready for occupancy except for placing on foundation supports, connection of
utilities, and some incidental assembly, and meets or exceeds Canadian Standards Association
Z-240 Standards, but specifically excludes recreational vehicles.
"Dwelling, Secondary Suite" means an accessory dwelling unit contained within and
subordinate to the principal single detached dwelling on the same parcel.
"Dwelling, Single Detached" means a building consisting of one dwelling unit having
independent exterior walls but does not include a carriage home dwelling, float home dwelling or
mobile home dwelling.
"Dwelling Unit" means one or more habitable rooms, constituting a self-contained unit with
one or more separate entrances and containing cooking, eating, living, sleeping and sanitary
facilities, for the purposes of human habitation.
"Education Services" means uses related to education, training or instruction purposes
including but not limited to: elementary and secondary schools, community colleges,
universities, technical and vocational schools and accessory administration offices or
maintenance and storage facilities that are required for the daily operation of the service or
facility.
'Emergency Shelter' means a use staffed and supervised by a public authority
or non-profit agency for the purposes of providing temporary sleeping
accommodation for people in need of emergency shelter on a short-term basis
(to a maximum of 24 hours). Emergency Shelter use includes drop-in and meal
services as well as accessory administration and office space for use by program staff.
"Exhibition Grounds" means an area with uses related to entertainment, recreation, themed
events including but not limited to, the display and demonstration of arts, crafts, livestock, or
industrial products, and includes an amusement park, recreation area, or horse racing track.
"Family Resource Centre" means a centre providing counselling services to the residents of
the community, including offices and meeting space.
"Fence" means a structure that encloses or provides a visual and physical barrier for all or part
of an area on a parcel, but does not include a retaining wall.
"Floor Area" means the horizontal area of the floor of a building measured from the exterior
face of exterior walls.
BYL 1075-2018
added: 'Emergency Shelter'
Amended Bylaw
1124-2020
5
"Floor Area, Gross" means the sum total of the floor area of each storey of a building.
"Foreshore" means the area of land in tidal areas between the high tide and the mean low
tide.
"Forestry" means the harvesting of trees through logging activities such as felling and
trimming of trees and transportation of logs, and includes silviculture activities related to the
cultivation and maintenance of forests. Forestry does not include the processing of logs into
finished lumber or wood products.
"Frontage" means that length of a parcel boundary that immediately adjoins a highway other
than a lane or walkway.
"Funeral Home" means a building where the deceased are prepared for burial or cremation
and where funeral services, wakes and memorial services are held and other related funeral
home uses are conducted, but specifically excludes crematorium.
"Garage or Carport" means an accessory building or a portion of a principal building whose
principal or intended use is for the parking or temporary storage of motor vehicles and in which
there are no commercial facilities for repairing or servicing such vehicles.
"Group Home" means a small scale residential care facility undertaken within a single
detached dwelling, accommodating between three and six residents, which is licensed under
the Community Care and Assisted Living Act.
"Heavy Equipment Storage" means the use of land, buildings or structures where industrial
vehicles and/or industrial machinery is set aside, stored, marshalled, assembled, maintained
and repaired, but specifically excludes vehicle and equipment salvage or wrecking yards.
"Height" means, when in reference to a building, the vertical distance from the average
natural grade of the footprint of the building to the highest point of the roof surface of the
building, and when in reference to a structure, means the vertical distance from the average
natural grade of the footprint of the structure to the highest point of the structure.
Figure One - Height of Sloping Roof Figure Two - Height of Flat Roof
"Highway" includes a street, road, lane, bridge, viaduct, and any other way open to public
use, but does not include a private right-of-way or easement on private property.
"Home Occupation" means the accessory use of a residential dwelling or accessory building
by the resident thereof for limited commercial purposes such as trade, occupation, profession,
6
or craft, provided that the use is secondary to the residential use of the dwelling and that it
does not change the residential character of the dwelling.
"Hotel" means a building in which rooms are maintained for the temporary accommodation of
the travelling public. A hotel may include ancillary facilities such as a restaurant, meeting
rooms, convention facilities, gift shop, recreational facilities and/or licenced premises. Hotel
includes inn, hostel, motel and other similar forms of accommodation provided to the travelling
public, but does not include campground or tourist cabin.
"Indoor Entertainment or Recreation" means the use of a building, or part thereof, for
indoor entertainment activities including, but not limited to: pool halls, arcades, bowling alleys,
racquet sport courts, theatres, fitness clubs, and night clubs.
"Land" also includes land which is covered by water.
"Lane" means a highway more than 3.0 m but not greater than 8.0 m in width, intended to
provide vehicular access to any abutting parcels of land.
"Licenced Premises" means an establishment where liquor is sold to the public for
consumption on the premises, under licence by the Province of British Columbia.
"Livestock" means rabbits, goats, sheep, swine, horses, cattle, poultry kept for the purpose of
providing meat or eggs, or fur bearing animals as defined in the Fur Farm Act.
"Marina" means the use of land, buildings and/or structures providing moorage or docking of
boats and other marine going vessels, and the use of land or surface of the water for the sale
and/or rental of boats, docking berths, marine equipment and supplies, excluding the loading or
unloading of fish or commercial goods. Additional uses may include administrative offices,
washrooms, shower and/or laundry facilities, and restaurant and retail sales oriented towards
the marine going public.
"Mobile Home Park" means a single parcel on which three or more Mobile Home Spaces are
rented for the purposes of siting a Mobile Home Dwelling on each and is not subdivided as per
the Strata Property Act.
"Mobile Home Space" means the area of a parcel on which a Mobile Home Dwelling is
situated.
"Motel" means the same as Hotel.
"Motor Vehicle" means a device in, on or by which a person or things is or may be
transported or drawn on a highway and which is propelled by an internal combustion engine or
electric motor or combination thereof.
"Municipal Sewer System" means a system owned, operated and maintained by the District
or designate for the collection, conveyance, treatment and disposal of sanitary sewage pursuant
to the Municipal Wastewater Regulation.
"Municipal Storm Drain System" means a system owned, operated and maintained by the
District or designate for the collection and conveyance of drainage water.
Amended Bylaw
1124-2020
7
"Municipal Water System" means a system of waterworks designed to provide the
collection, treatment, and distribution of potable water, within the meaning of the Health Act,
which is owned, operated and maintained by the District or designate.
"Natural Boundary, Present" means the visible high water mark of any watercourse where
the presence and action of water is so common and usual, and so long continued as to mark on
the soil of the bed of the body of water a character distinct from that of its banks, in vegetation
and the nature of the soil.
"Natural Grade" means the average ground level recorded at the outermost corners of a
building or proposed building site and may be determined by survey and referenced bench
mark prior to site preparation.
"Non-conforming Situation" means a use or the siting, size or dimensions of a building or
structure that existed prior to the adoption of this Bylaw, that does not conform to the
regulations of this Bylaw, yet was established:
(a) in conformity with the regulations of a previous zoning bylaw that was in full force and
effect; or,
(b) prior to the adoption of any zoning bylaw.
A non-conforming situation is subject to the regulations of the Local Government Act. Where a
person is of the opinion that a building, structure or use is non-conforming, the burden of proof
lies with that person to demonstrate same to the satisfaction of the District.
"Non-Timber Forest Products" means all goods harvested from forests of both plant and
animal origin other than timber and firewood, including, but not limited to mushrooms, berries,
floral greens, medicinal herbs, crafts, and landscaping products.
"Official Community Plan" means the official community plan of the District as adopted by
Bylaw.
"Outdoor Storage" means the use of an area outside of an enclosed building or a roofed or
unroofed area with unenclosed sides, where goods, materials, equipment, merchandise or
vehicles associated with a permitted principal use are kept, baled, piled or handled on an on-
going basis but does not include the placement of non-commercial boats or recreational
vehicles.
"Panhandle" means the portion of a parcel in which the primary function is to provide the
parcel with access to a highway and is at least twice as narrow in width measured from side
parcel line to side parcel line than the balance of the parcel.
"Parcel" means a district lot, lot, strata lot, block, or other area of land for which the title is
legally described by the Land Title and Survey Authority of British Columbia, or into which it is
subdivided under the Land Title Act or Strata Property Act or regulations thereof, and also
includes the area of land prescribed by a Crown land tenure, such as a lease or license of
occupation, issued by the Province of British Columbia to authorize the use of Crown land.
"Parcel Area" means the total horizontal area within the boundaries of a parcel.
8
"Parcel, Corner" means a parcel abutting upon the intersection of two or more highways or
internal to two segments of the same highway which meet at an interior angle of less than 135
degrees.
"Parcel Coverage" means the percentage of the parcel area covered by all buildings and
structures.
"Parcel, Hooked" means a parcel of which one portion is physically separated from the other
portion by a highway or another parcel.
"Parcel Line" means the legally defined limits of a parcel.
"Parcel Line, Front" means the parcel line abutting a highway, and, in the case of:
(a) a corner parcel, either lot line which abuts the highway may be considered the front parcel
line; however, the rear lot line must be opposite to the front parcel line, and
(b) a corner parcel, only one front parcel line need be provided in which case the other parcel
line abutting a highway becomes a side exterior parcel line, and
(c) a through parcel, the lines abutting the highway shall be considered front parcel lines, and
(d) a parcel which does not abut a highway and is contiguous to the natural boundary of a
water body from which access to the parcel is obtained, is the parcel line contiguous to that
water body.
"Parcel Line, Rear" means the parcel line opposite to and most distant from the front parcel
line, or in the case where the side parcel lines of a parcel intersect, the point of intersection is
deemed to be the rear parcel line.
"Parcel Line, Side Exterior" means the parcel line(s) perpendicular to the front and rear
parcel lines, which is adjacent to a highway other than a lane or walkway.
"Parcel Line, Side Interior" means the parcel line(s), perpendicular to the front and rear
parcel lines, and adjacent to an abutting parcel, lane, or walkway.
Figure Three - Parcel Lines
"Parcel, Panhandle" a parcel that includes a panhandle.
9
Figure Four - Panhandle Parcel
"Parcel, Through" means a parcel abutting two parallel or approximately parallel highways.
"Park" means land that has been dedicated or reserved for the general public for active or
passive recreational use, and may be developed with recreational facilities or may be left in a
natural state.
"Parking Lot" means the area of a parcel that accommodates the provision of parking spaces
and access aisles.
"Parking Space" means an area that is used for the parking of one motor vehicle.
"Personal Service Establishment" means the use of buildings where services are provided
related to the grooming of a person's body or cleaning and repair of clothing and jewellery, and
may also include the retail sale of goods which are accessory to the provision of such services.
"Principal Building" means a building in which a principal use is undertaken.
"Principal Use" means the primary purpose for which land, a building or structure is used,
designed or intended to be used.
"Professional Service Establishment" means the use of buildings for the provision of
professional, management, administrative, consulting, financial and health services and includes
but is not limited to the offices of lawyers, accountants, engineers, architects, doctors and
dentists and offices for the provision of health services of a preventative, diagnostic, treatment,
therapeutic or counselling nature, but does not include premises for the provision of veterinary
services.
"Province" or "Provincial" means the Government of the Province of British Columbia or in
reference to same.
"Public Interpretation Centre" means the use of land, buildings and/or structures which
provides educational information to the public on subjects of archaeological, cultural,
historical, horticultural, geological, natural or scientific interest.
"Public Utility" means the lawful distribution and/or distributor of communications services,
electricity, internet services, natural gas, sanitary sewer, storm water, television services and
10
water under the Utilities Commission Act, the Local Government Act or other applicable statute
of the Government of Canada or the Province of British Columbia.
"Recreational Vehicle" means a camper, fifth wheel, motorhome, tent trailer or travel trailer
with a maximum width of 2.6 metres (8.5 feet) in transit mode which can be used to provide
sleeping accommodation and which is capable of being licensed for highway use pursuant to
the Motor Vehicle Act.
"Restaurant" means an eating establishment where prepared food is sold to the public, and
may include take-out and/or mobile food carts as an accessory or principal use.
"Retail Sales" means the sale of goods or merchandise to the end consumer.
"Retaining Wall" means a structure constructed to hold back, stabilize or support soil or rock
as a result of differences in grades associated with topography.
"Sawmill" means the use of land, buildings and/or structures for the cutting, sawing or
planning of timber for the purposes of producing lumber, or as an intermediary step, and may
include accessory uses related to the drying, distribution and commercial sale of lumber.
"Screening" means a continuous opaque fence, wall, compact evergreen hedge or
combination thereof, supplemented with landscape planting, that would effectively screen or
visually obstruct the property which it encloses, and is broken only by access drives and
walkways.
"Service Industry Establishment" means the use of a business premises or building where
non-personal goods and services are provided but not limited to: automobile, truck and trailer,
sales, rental and repairs; auto and truck body repair and painting; marine retail and service; tire
sales and repair; general sales, rental and repair of heavy equipment and farm implements;
custodial services; metalworking, machining and woodworking; plumbing and heating sales,
storage and repair; printing; and publishing.
"Service Station" means any building or land used or intended to be used for the retail sale of
motor fuels and lubricants and may include, as accessory uses, the servicing and minor repair
of motor vehicles and the sale of automobile accessories, but shall not include motor vehicle
body work, painting or major repairs.
"Shipping Container" means a prefabricated metal container or box specifically
constructed for the intermodal transport of goods. Shipping containers are also
commonly referred to as "sea cans" or "storage containers".
"Shopping Centre" means a group of retail stores in one or more buildings designed as an
integrated facility, which shares common services, parking and other facilities on one or more
parcels.
"Short Term Vacation Rental" means a rental of a residential dwelling unit
for periods of less than 90 consecutive days or as defined by Provincial
Legislation as amended from time to time.
"Sign" means a letter, numeral, work, picture or attention drawing device, excluding traffic
control devices, displayed out of doors in such manner to be visible from a highway.
BYL 1181-2025
Amended: Short Term
Vacation Rental
BYL 1182-2025
Amended: Shipping
Container
11
"Small Scale Urban Agriculture" means an accessory use consisting of the
cultivation, on a portion of a parcel, of fruits, mushrooms, nuts, plants,
vegetables or seeds and includes the sale of these items grown on that parcel
where home occupation is a permitted accessory use. The cultivation and sale of cannabis is
not permitted.
"Storage Yard" means an area outside of an enclosed building where materials, equipment,
goods, products and machinery are stored, baled, placed, piled or handled. A storage yard shall
not include an automobile wrecking yard or a junkyard.
"Structure" means anything constructed on, erected on, place on, fixed to, supported by or
sunk into land, but does not include works related to the provision of services that are buried
under the surface of the land, and the surfacing of land with asphalt, concrete, aggregate or
similar materials.
"Sustainable Building Technologies" means structural or technological elements designed
to decrease the carbon footprint of a building or structure. Such features shall include
photovoltaic cells, roof mounted micro wind turbines, solar thermal collectors and infrastructure
needed to access and maintain a green roof.
"Tourist Cabin" means the use of a single detached dwelling as a place of temporary
residence, lodging or occupancy by way of concession, permit, license, rental agreement or
similar commercial arrangement, throughout all or any part of the calendar year.
"Urban Hens" means female chickens kept for the purpose of laying eggs for food and does
not include any chickens kept for breeding purposes.
"Walkway" means a highway intended to carry pedestrian traffic only.
"Watercourse" means any naturally occurring area in which water collects or flows, whether
intermittent or not, and includes any lake, river, creek, spring, wetland or the sea.
"Wrecking Yard" means the use of land, buildings or structures where boats, motor vehicles,
recreational vehciles, vehicles intended to be towed by motor vehicles, machinery or equipment
is disassembled, prepared for disposal or recycled, and the storage of salvaged materials where
such materials are bought, sold, exchanged, baled or otherwise processed for further use.
"Woodlot" means an area of land used for the growing of trees and related non-timber forest
products for commercial purposes.
"Yard" means the area of a parcel which is not intended to be occupied by any building or
structure, except as otherwise provided for in this Bylaw. Where a yard setback is required by
this Bylaw for principal or accessory buildings or structures, said buildings or structures shall be
setback from the applicable parcel line used to define the yard as follows:
(a) Front Yard: the setback is from the Front Parcel Line;
(b) Rear Yard: the setback is from the Rear Parcel Line;
(c) Exterior Side Yard: setback is from the Side Exterior Parcel Line;
(d) Interior Side Yard: setback is from the Side Interior Parcel Line;
BYL 1080-2018
Amended: Small Scale
Urban Agriculture
12
"Yard, Front" means that portion of the parcel extending from one side parcel line to another
side parcel line between the front parcel line of the lot and a line drawn parallel thereto at a
distance prescribed by the zone in which the parcel is located. The depth of such yard shall
mean the perpendicular distance between the front parcel line of the parcel and the parallel
line. In the case of a through parcel, there shall be two such front yards.
"Yard, Rear" - means that portion of the parcel, extending from one side parcel line to
another, between the rear parcel line of the parcel and a line drawn parallel thereto at a
distance prescribed by the zone in which the parcel is located. The depth of such yard shall
mean the perpendicular distance between the rear parcel line of the parcel and the parallel line.
In the case of a parcel where the side parcel lines intersect at a point thus creating a parcel
with no rear parcel line, the rear yard means that a portion of the parcel extending from one
side parcel line to the other, between the said point of intersection and a circular line drawn at
a distance equal to the distance prescribed in the regulations for the depth of a rear yard.
"Yard, Exterior Side" - means that portion of the parcel, extending from the front yard to the
rear yard, between the side exterior parcel line and the line drawn parallel thereto at a distance
prescribed for the zone in which the lot is located. The width of such yard shall mean the
perpendicular distance between the side exterior parcel line of the parcel and the parallel line.
"Yard, Interior Side" - means that portion of the parcel, extending from the front yard to the
rear yard, between the side interior parcel line and the line drawn parallel thereto at a distance
prescribed for the zone in which the parcel is located. The width of such yard shall mean the
perpendicular distance between the side interior parcel line of the parcel and the parallel line.
"Zones" means the areas into which the municipality is divided in accordance with this Bylaw
and for which specific regulations may apply.
"Zoning Bylaw" means District of Port Hardy Zoning Bylaw No. 1010-2013 and any
amendments thereto.
13
2.1
GENERAL CONFORMITY
Land, including the surface of water, must not be used or occupied, and buildings and structures must not be
constructed, reconstructed, altered, located or relocated, or used, unless in conformity with the specifications
of this Bylaw. No person shall use, occupy, or permit any person to use or occupy, any land, water body
surface, building or structure in conflict with regulations of this Bylaw.
2.2
NON-CONFORMING SITUATIONS
Non-conforming situations, as defined herein, are subject to Provincial legislation.
2.3
OTHER LEGISLATION
In addition to the regulations contained in this Bylaw, Provincial and/or Federal legislation and regulations may
apply. Compliance with this Bylaw must not be assumed to satisfy the requirements imposed by applicable
Provincial and Federal legislation and regulations.
2.4
ENFORCEMENT
Those persons employed by the District of Port Hardy, as appointed by bylaw or resolution adopted by Council,
or other such person as may be appointed by Council by resolution or bylaw, are hereby authorized to enforce
the regulations of this Bylaw and may enter onto any parcel or land, and enter into any building or structure at
any reasonable time, to ascertain whether the regulations of this Bylaw are being adhered to.
2.5
VIOLATION
Any person who:
(1) violates any provision of this Bylaw;
(2) causes or permits any act or thing to be done in violation of any provision of this Bylaw;
(3) neglects to do or refrains from doing any act or thing required by this Bylaw; or
(4) fails to comply with an order, direction or notice made by the District in association with the provisions of
this Bylaw;
is guilty of an offence and each day in which the offence continues, constitutes a new and distinct offence.
2.6
PENALTY
Any person who commits an offence in accordance with this Bylaw is liable, on conviction, to the penalties
prescribed by the Offence Act or other Provincial legislation as applicable. Each day that such violation is
caused to continue, or allowed to continue, constitutes a separate
offence. Every person who commits an offence under this Bylaw is liable on summary conviction to a fine not
exceeding $10,000 in addition to the costs of prosecution.
Notwithstanding the above, any person who commits an offence in accordance with this Bylaw and said
offence is identified in the District's Municipal Ticket Information System Bylaw, is subject to the fine
prescribed by that Bylaw.
2.7
SEVERABILITY
PART 2: ADMINISTRATION
14
If any section, subsection, sentence, phrase or any part of this Bylaw is for any reason held to be invalid by
the decision of any court of competent jurisdiction, the invalid portion shall be severed from the Bylaw and the
decision that it is invalid shall not affect the remainder of the Bylaw which will remain in effect.
2.8
BYLAW AMENDMENTS
Any person may make application to the District to amend this Bylaw in the manner prescribed by the District's
bylaws related to fees and procedures, and the provisions of the Local Government Act shall apply.
2.9
DEVELOPMENT VARIANCE
Any person may make application to the District for the purpose of varying the regulations of this Bylaw, in the
manner prescribed by the District's bylaws related to fees and procedures, and the provisions of the Local
Government Act.
3.1
APPLICATION OF GENERAL REGULATIONS
Except as otherwise specified, the provisions of Part 3: General Regulations, apply to all zones established by
this Bylaw.
3.2
PROHIBITED USES
No land in the District may be used for the purpose of:
(a)
Keeping of bees, except mason bees which are permitted in any zone;
(b)
Keeping of livestock, except on land where the applicable zone permits agriculture as a use and in the
case of poultry, where agriculture or the keeping of urban hens is a permitted use;
(c)
Development where no access is available from a constructed and useable highway;
(d)
Permanent residential use of a tent trailer, or recreational vehicle, or pleasure craft (except in a marina
on land zoned to permit marina use);
(e)
Use of an accessory building or structure for human habitation as a dwelling except as specifically
permitted in this Bylaw;
(f)
Wind energy devices that generate more than 10.0 kW of electricity; and,
(g)
Float Home Dwellings.
3.3
EXEMPTIONS
The following uses, buildings and structures are permitted in all zones established by this Bylaw and are not
subject to the regulations of this Bylaw:
(a)
Uses, works, buildings and structures constructed, developed, undertaken and/or owned by the District,
whether on land owned by the District or not, including, but not limited to administrative offices,
recreational facilities, recycling and waste transfer stations, waste disposal sites, sanitary sewer / storm
drainage / water infrastructure and works, works yards, etc.;
(b)
A public utility;
PART 3: GENERAL REGULATIONS
15
(c)
Highways and works associated with highways including, but not limited to sidewalks, curb and gutter,
signage, lighting, street furniture, boulevards and traffic control devices;
(d)
The temporary use of a building or part thereof as a polling station for government
elections, referenda, or census, provided that the time period of such use does not
exceed sixty (60) days; and,
(e)
The temporary use (not more than seven days) for any purpose, of a parcel included in a Parks and
Institutional Zone that is owned by the District, which is undertaken by another person or organization
other than the District, provided that such temporary use is approved by the District in advance of it being
undertaken.
3.4
SITING, SIZE AND DIMENSION OF BUILDINGS AND STRUCTURES
(a)
No building or structure shall be constructed, moved or altered so that its yard setbacks are less, parcel
coverage is greater, height is greater, gross floor area is less than or greater, building width is less than
or greater, or the total number of units, buildings or structures on a parcel is greater than that specified
by the applicable zone, unless specifically altered by another provision in this Bylaw.
(b)
Motor vehicle fuel dispensers, pump islands, compressed air connections and other equipment accessory
to a motor vehicle service station shall be sited not less than 3.0 metres (9.84 feet) from all parcel lines.
Canopies shall be sited not less than 3.0 metres (9.84 feet) from all parcel lines.
(c)
Where a parcel is greater area than 1,000 square metres (10,764 square feet), the siting of a principal
building shall be such as to facilitate the future subdivision of the parcel and adjacent parcels of land.
(d)
The siting regulations of this Bylaw apply to all parcels and, notwithstanding the generality of the
foregoing, to bare land strata parcels.
(e)
The interior side yard setback requirements of this Bylaw shall not apply to strata parcels registered
pursuant to the Strata Property Act where there is a common wall shared by two or more dwellings
within a building.
(f)
Notwithstanding section 3.9, accessory antenna or satellite installation structures in a Residential Zone
shall not exceed 9.0 metres (29.53 feet).
(g)
Notwithstanding the prescribed height requirements for principal buildings in the R-1,
R-1s, R-2, RR-1 and GH-1 Zones, a chimney or vent pipe used to expel smoke shall not exceed 9.0
metres (29.53 feet).
(h)
Notwithstanding the prescribed height requirements for principal buildings in the R-3 Zone, a chimney or
vent pipe used to expel smoke shall not exceed 7.0 metres (22.97 feet).
3.5
YARD REQUIREMENTS
(a)
Where yards setbacks are required by this Bylaw, the prescribed yards shall be free of all buildings and
structures except fences and retaining walls;
(b)
A projection attached to the principal building such as a bay window, chimney, cornice, deck (provided
there are no walls except for the portion adjacent to the wall of building to which it is attached), entry
porticoe, eave, eavestrough, gutter, hot tub, roof, soffit, open stairway or steps, or sunshade, may
extend 1.0 metre (3.28 feet) into any required yard setback. A wheel chair ramp which is attached to
and serves a principal building may extend up to 4.0 metres (13.1 feet) into a required front or rear yard.
Climate control equipment may extend 1.0 metre (3.28 feet) into a front or yard setback.
(c)
In the case of parks and school grounds, backstops, rebound walls, goals and other similar structures
shall be permitted in all yards except those abutting parcels in a Residential Zone, provided that any
such structure that is constructed in such a way as to form a solid fence or wall and which cannot be
seen through shall be at least 6.0 metres (19.69 feet) from any parcel line.
3.6
SERVICING REQUIREMENTS
16
All parcels will be serviced as required by the District's bylaws in relation to sanitary sewage, storm drainage
and water supply. Where a parcel is not required to be serviced by Municipal Sewer System or Municipal Water
System, the requirements of the Province shall apply.
3.7
PARCEL AREA, SHAPE AND DIMENSIONS
Except as provided for in section 3.8 herein, land shall not be subdivided to create a parcel having a minimum
parcel area or dimensions less than that prescribed by the applicable zone.
3.8
MINIMUM PARCEL AREA AND SIZE EXCEPTIONS
Notwithstanding section 3.7 herein, parcels may have a parcel area less than that prescribed by the applicable
zone as follows:
(a)
Consolidation:
No minimum parcel area shall apply to the consolidation of existing parcels or the addition of a closed highway
to an existing parcel;
(b)
Effect on Parcel Where Portion Conveyed for Public Use:
A parcel which is reduced in parcel area by not more than ten percent, the reduced area of that parcel which is
conveyed, as a result of donation, purchase or expropriation, to the Regional District, a municipality, the
Province, the Federal Government, an improvement district, a school board or a public utility, for public use,
shall be considered to have the same area as it did prior to the conveyance occurring.
(c)
Parcel for Public Use
No minimum parcel area shall apply to a parcel that is to be conveyed to the Regional District, a municipality,
the Province, the Federal Government, an improvement district, a school board or a public utility, for a public
use:
(d)
Hooked Parcel:
Where a parcel is physically separated from another portion or portions of the same parcel by a highway or
another parcel, and the parcel existed in this form as of the date of adoption of this Bylaw, and the portion or
portions that are separated from the main parcel do not meet the minimum parcel area prescribed by the
applicable zone in accordance with this Bylaw, the physically separated portion or portions may be subdivided
from the remainder of the parcel provided that:
(1) The parcel(s) are of a shape and form that allow them to be utilized in accordance with the other
applicable regulations of this Bylaw; and,
(2) The parcels can be serviced appropriately.
(e)
Existing Undersized Parcels:
Where a parcel exists as of the date of adoption of this Bylaw that does meet the minimum parcel area and/or
minimum parcel width and/or minimum parcel depth provisions prescribed by the applicable zone, the parcel
may be used for the purposes permitted by said zone, subject to all other applicable regulations of this Bylaw.
3.9
ACCESSORY BUILDINGS AND STRUCTURES
17
(a)
No accessory building or structure shall be erected on any parcel unless a principal use or building to
which it is incidental, has been erected or will be erected simultaneously with the accessory building or
structure.
(b)
An accessory building shall be separated from a principal building in accordance with the requirements of
the British Columbia Building Code.
(c)
The combined gross floor area of the accessory buildings on a parcel shall not exceed the gross floor
area of the principal buildings on the same parcel.
(d)
Residential heat pumps are not permitted within a front yard, and must be at least 3.0 metres (9.8 feet)
from any side interior or side exterior parcel line.
(e)
A metal storage container shall not be used as an accessory building or structure, except as permitted
otherwise in this Bylaw.
(f)
An accessory structure used as garage to shelter a vehicle, boat or recreational vehicle must meet the
structural loading requirements of the British Columbia Building Code.
(g)
Except as otherwise specified in this Bylaw, the height of an accessory building or structure in a
residential zone shall not exceed 6.0 metres (19.69 feet).
3.10 SECONDARY SUITE DWELLINGS
(a)
Where permitted by the applicable zone, only one secondary suite dwelling is permitted per parcel.
(b)
A secondary suite dwelling is not permitted on a parcel on which a carriage home dwelling is located.
(c)
A secondary suite dwelling:
(1) must be completely enclosed within a single detached dwelling;
(2) shall not exceed 40% of the gross floor area of the single detached dwelling or 90 square metres
(968.75 square feet), whichever is less;
(3) that is to be located in a new single detached dwelling not previously occupied shall be subject to
registration of a restrictive covenant pursuant to the Land Title Act , prohibiting strata conversion of
the dwellings on that parcel; and,
(4) shall require that one off-street parking space be provided on the same parcel for the exclusive use
of the secondary suite dwelling.
3.11 CARRIAGE HOME DWELLINGS
(a)
Where permitted by the applicable zone, only one carriage home dwelling is permitted per parcel
(b)
A carriage home dwelling is not permitted on a parcel on which a secondary suite dwelling is located.
(c)
A carriage home dwelling:
(1) must be completely enclosed within an accessory building;
(2) shall not exceed 40% of the gross floor area of the single detached dwelling or 90 square metres
(968.75 square feet), whichever is less; and,
(3) shall require one off-street parking space be provided on the same parcel for the exclusive use of the
carriage home dwelling.
3.12 HOME OCCUPATIONS (Minor, Major, Rural)
Operators of all home occupations must obtain a business license and comply with the provisions of the District
of Port Hardy Business Bylaw in effect. Home occupations are divided into three types as follows:
3.12.1 Minor Home Occupation
A minor home occupation is subject to the following:
18
(a)
A minor home occupation shall be entirely enclosed within a dwelling and shall not occupy more than
20% of the gross floor area of the dwelling in which it is undertaken;
(b)
No minor home occupation shall discharge or emit odours, noxious or toxic matter or vapours, heat,
glare, noise, radiation or recurrent vibrations or would result in traffic congestion, electrical interference,
fire hazard or health hazard;
(c)
The proprietor of a minor home occupation must reside in the dwelling within which the home
occupation is located;
(d)
No persons other than those who reside in the dwelling in which the minor home occupation is located
shall be engaged in the operation of the minor home occupation;
(e)
No variation of the residential character or appearance of land or buildings shall be permitted in
association with a minor home occupation;
(f)
A minor home occupation shall not generate more than one client or customer visit to the dwelling in
which the minor home occupation is located on any calendar day; and
(g)
The following uses are not a minor home occupation and are expressly prohibited as such:
(1) Salvage, storage, repair, maintenance or sales of motor vehicles, trailers, boats or related engines,
equipment or parts;
(2) Tow-truck operations, manufacturing and industrial uses, social escort services, cabinet making,
welding or machine shops, meat cutting, commercial animal breeding or parking or storage of
industrial, commercial, or construction equipment or materials; and,
(3) Sale or storage of any commodity not produced on the premises, except provided that customers do
not visit the premises to inspect or to take possession of goods they have purchased.
3.12.2 Major Home Occupation
A major home occupation is subject to the following:
(a)
A major home occupation shall be entirely enclosed within a single detached dwelling, secondary suite
dwelling or carriage home dwelling, and shall not occupy more than 50.0 square metres (538.2 square
feet) or 20.0% of the gross floor area of the dwelling, whichever is less;
(b)
A major home occupation may employ one person who is not a resident of the dwelling in which the
major home occupation is located;
(c)
One off-street parking space shall be provided for the exclusive use of the major home occupation;
(d)
No variation of the residential character or appearance of land or buildings shall be permitted in
association with a major home occupation;
(e)
A major home occupation shall not generate more than five client or customer visits to the dwelling in
which the minor home occupation is located on any calendar day;
(f)
One sign with dimensions no greater than 0.75 of a metre (2.46 feet) by 0.75 of a metre (2.46 feet)
advertising a major home occupation is permitted for each major home occupation;
(g)
The following uses are not a major home occupation and are expressly prohibited as such:
(1) Salvage, storage, repair, maintenance or sales of motor vehicles, trailers, boats or related engines,
equipment or parts;
(2) Tow-truck operations, manufacturing and industrial uses, social escort services, cabinet making,
welding or machine shops, meat cutting, commercial animal breeding or parking or storage of
industrial, commercial, or construction equipment or materials; and,
(3) Sale or storage of any commodity not produced on the premises, except provided that customers do
not visit the premises to inspect or to take possession of goods they have purchased.
3.12.3 Rural Home Occupation
A rural home occupation is subject to the following:
19
(a)
A rural home occupation shall be entirely enclosed within a single detached dwelling, secondary suite
dwelling or carriage home dwelling, and shall not occupy more than 20.0% of the gross floor area of the
dwelling. In addition, up to 50% of the gross floor area of the rural home occupation in a dwelling may
also be undertaken in an accessory building located on the same parcel;
(b)
A rural home occupation may employ up to two persons who are not residents of the dwelling in which
the rural home occupation is located;
(c)
On a parcel greater than 4.0 hectares (9.88 acres) in area, a portable sawmill is permitted as part of a
rural home occupation, for the purpose of processing trees that have been cut from that same parcel.
Said portable sawmill may be located outside of the dwelling or accessory building;
(d)
One sign with dimensions no greater than 1.0 of a metre (3.28 feet) by 1.0 of a metre (3.28 feet)
advertising a major home occupation is permitted for each major home occupation;
(e)
The following uses are not a rural home occupation and are expressly prohibited as such:
(1) Salvage, storage or sales of motor vehicles, trailers, boats or related engines, equipment or parts;
and
(2) Tow-truck operations, manufacturing and industrial uses, social escort services, meat cutting,
commercial animal breeding or the outdoor storage of industrial, commercial, or construction
equipment or materials.
3.13 BED AND BREAKFAST
A bed and breakfast shall be permitted as a major home occupation or rural home occupation and in addition to
the other provisions of this Bylaw, is subject to the following regulations:
(a)
It shall only be operated as an accessory use within a single detached dwelling or carriage home
dwelling;
(b)
A bed and breakfast shall contain a maximum of three sleeping rooms for guests and shall
accommodate a maximum of six guests at any time;
(c)
A bed and breakfast shall not alter the residential character and appearance of the single detached
dwelling;
(d)
The holder of the business licence of a bed and breakfast shall reside in the dwelling in which it is
located; and,
(e)
Off-street parking shall be provided in conjunction with the requirements for a major home occupation or
rural home occupation, whichever is applicable.
3.14 SHORT TERM VACATION RENTAL
Short-Term Vacation Rentals are permitted in zoned prescribed in the zoning
regulation and subject to the following conditions:
(a) A maximum of one (1) Short-Term Vacation Rental may be permitted per legal property parcel,
regardless of the number or type of dwelling units located on that parcel.
This includes, but is not limited to:
-
Principal dwelling units (whole home)
-
Secondary suites
-
Duplexes
-
Carriage homes or accessory dwelling units
Only one (1) of these units may be used as a Short-Term Vacation Rental.
BYL 1181-2025
Amended: Short Term
Vacation Rental
20
(b) A maximum of one (1) Short-Term Vacation Rental shall be permitted per registered owner of real
property within the municipality, irrespective of the number of properties owned or co-owned;
For the purposes of this provision:
-
Where a property is owned jointly by multiple individuals or entities, only one (1) Short-Term
Vacation Rental shall be permitted in respect of that ownership interest collectively;
-
A registered owner includes any individual, corporation, partnership, trust, or other legal entity listed
on the title of real property;
-
Ownership through a business, holding company, or other legal arrangement shall not entitle each
shareholder, director, or beneficiary to operate separate Short-Term Vacation Rentals;
-
No individual or entity may circumvent this restriction through shared, joint, or indirect ownership in
multiple properties.
(c)
Short-Term Vacation Rentals are not permitted in apartment buildings where dwelling units share a
common entrance and/or common interior access areas (such as hallways, stairwells, or elevators);
(d)
Short-Term Vacation Rentals may be permitted within mobile home parks and strata-titled properties,
subject to written approval from the registered property owner or the Strata Council, as applicable;
(e)
Short-Term Vacation Rentals must comply with all BC Building Code and BC Fire Code requirements as
stated for vacation rental/hotel/B&B use;
(f)
Short-Term Vacation Rentals operators may only provide for the use of a short-term vacation rental or
bed and breakfast, but not both on the same property;
(g)
A short term vacation rental shall not alter the residential character and appearance of the single
detached dwelling;
(h) No additional or freestanding signage beyond what is permitted for a Home-Based Business shall be
allowed;
(i) Off-street parking shall be provided in conjunction with the requirements for residential dwelling units
per section 4.27 of this bylaw.
3.15 TEMPORARY DWELLING DURING CONSTRUCTION OF DWELLING
An owner of a parcel may occupy a recreational vehicle on that parcel during the process of constructing a
dwelling for which a building permit has been issued by the District, subject to the following conditions:
(a)
The maximum period in which a recreational vehicle is occupied shall not exceed twelve (12) consecutive
months. The period shall commence upon the date the recreational vehicle is first occupied.
(b)
Prior to occupying a recreational vehicle for the purpose described herein, the owner of the subject
parcel shall notify the District in writing, which notification shall include the date on which occupancy of
the recreational vehicle shall commence.
21
(c)
Sewage shall be disposed of at an approved off-site sani-dump or vis-à-vis the District's sanitary sewage
collection and treatment system.
(d)
The recreational vehicle shall be located no closer than 2.0 metres (6.56 feet) to any parcel line.
3.16 OCCUPANCY OF EXISTING DWELLING DURING CONSTRUCTION OF A REPLACEMENT
DWELLING
An owner of a parcel on which is located an existing dwelling, and the parcel is subject to a zone for which the
regulations do not allow more than one dwelling, or would not allow two dwellings in the proposed configuration,
the owner may occupy the existing dwelling while in the process of constructing the new dwelling, subject to
the following conditions:
(a)
The owner of the parcel enters into a restrictive covenant in favour of the District pursuant to section
219 of the Land Title Act, to the effect that the owner must remove the existing dwelling or converts it to
a permitted use within a period of one year and the owner registers said covenant on the title of the
parcel; and,
(b)
The restrictive covenant referred to in (a) above specifies that a security deposit in the amount of $5,000
shall be paid to the District in a form satisfactory to the District, which shall be held by the District until
the terms of the restrictive covenant have been completed to the satisfaction of the District. The security
deposit shall be forfeited to the District in the event that any terms of the restrictive covenant have not
been satisfactorily completed or adhered to and the District may use all or any portion of the security
deposit to pay for the costs associated with undertaking legal action to obtain compliance with the terms
of the restrictive covenant and the applicable regulations of this Bylaw.
3.17 CARPORTS AND GARAGES
Where a carport or garage is attached to a principal building such that at least 75% of one of its walls is joined
or shared in common with the principal building, such carport or garage is deemed to be a part of the principal
building.
3.18 FENCES, RETAINING WALLS AND SITE TRIANGLES
(a)
The height of fences and retaining walls shall not exceed:
(1) 1.23 metres (4.04 feet) in a front yard in a Residential Zone or Commercial Zone, and 2.5 metres (8.2
feet) in a front yard in an Industrial Zone; and,
(2) 2.5 metres (8.2 feet) in all interior side yards, exterior side yards and rear yards in any zone.
As an exception, a retaining wall may exceed the prescribed height(s) should a professional engineer certify
that the retaining wall must exceed the prescribed height(s) in order to properly hold back, stabilize or
support soil or rock, to allow construction or development to proceed in a safe manner.
(b)
In order to avoid visual obstructions on lands located at the intersections of highways, no fence, retaining
wall, structure, hedge, tree, shrub or other growth shall be greater than 1.0 metre (3.28 feet) in height,
within the sight triangle bounded by the intersecting parcel lines at the intersection of the highways, and
a line joining points along said parcel
lines 6 metres (19.69 feet) from their point of intersection. Figure Five depicts a typical site triangle.
22
Figure Five - Site Triangle
3.19 PANHANDLE PARCELS
The panhandle of a panhandle parcel shall not be included in the calculation of the minimum parcel area for the
purposes of subdivision.
3.20 BOAT, MOTOR VEHICLE AND RECREATIONAL VEHICLE STORAGE IN RESIDENTIAL ZONES
(a)
No parcel in any Residential Zone shall be used as a wrecking yard or for the storage of derelict vehicles
or more than two unlicensed motor vehicles;
(b)
No parcel in a Residential Zone, whether improved or not, shall be used as a wrecking yard or storage
yard;
(c)
No front or side yard in a Residential Zone shall be used for parking or storage of a recreational vehicle
or boat, except as follows:
(1) One recreational vehicle up to 15 metres (49.2 feet) in length may be parked in a front or side yard
provided it is located no closer than 1.0 metre (3.28 feet) to any side parcel line;
(2) One boat up to 15 metres (49.2 feet) in length may be parked in a front or side yard provided it is
located no closer than 1.0 metre (3.28 feet) to any side parcel line; or
(3) One boat and one recreational vehicle having a combined length of 15 metres (49.2 feet) may be
parked in a front or side yard provided they are located no closer than 1.0 metre (3.28 feet) to any
side parcel line.
(d)
No commercial vehicle, truck, bus, contractor's equipment, dismantled or wrecked automobile, boat,
trailer or any similar commercial vehicle, craft or conveyance shall be parked or stored in the open in a
Residential Zone, except the following which may be parked or stored in the rear yard only, provided
they are located no closer than 1.0 meter (3.28 feet) to the rear parcel line:
(1) One truck or commercial vehicle not exceeding 8,600 kilograms (18,960 pounds) gross vehicle
weight;
(2) Trucks, commercial vehicles or equipment being used directly in the construction, repair, servicing or
maintenance of the buildings or structures on that parcel;
(3) One dismantled or wrecked commercial vehicle for a period of not more than 30 consecutive days;
(4) One commercial boat or vessel not exceeding a length of 6.0 meters (19.69 feet).
(e)
The parking and storage of recreational vehicles in a rear yard in a residential zone shall be limited to
one vehicle or trailer which cannot exceed a length of 6.0 meters and must be located at least 1. 0metre
(3.28 feet) from the rear parcel line.
3.21 BUILDING ELEVATIONS IN RELATION TO WATERCOURSES
No ground floor of a building on a parcel may be constructed lower than 1.0 metre above the 200 year flood
level for that parcel where it can be determined. If the 200 year old flood level cannot be determined or
information is not readily available, no ground floor of a building or development on a parcel may be
constructed lower than 1.5 metres (4.92 feet) above the present natural boundary of a watercourse on that
parcel.
23
3.22 COMBINED COMMERCIAL AND RESIDENTIAL USE
(a)
In a zone in which combined commercial and residential use is permitted, the following shall apply:
(1) One dwelling unit is permitted for each separate and distinguishable commercial unit in the
development;
(2) The dwelling units must be contained in the same building as the commercial units.
(3) In a building more than one storey in height, only the ground floor may only be used for commercial
purposes; and,
(4) The floor area requirements associated with apartment dwelling units as prescribed by the RM-1
Zone shall apply.
3.23 CANNABIS REGULATION
Cannabis Retailers are permitted in zones prescribed in the zoning regulation and
subject to the following conditions:
(a)
Cannabis retailers are subject to the following buffers:
(1) At least 100 metres from any playground or public library;
(2) At least 150 metres from any education service as defined in this regulation; and
(3) At least 150 metres away from any day care as defined in this regulation.
(b)
The buffers will be measured in the following manner:
(1) Where there is one commercial building on the property with one store the measurement to the
nearest education service, day care facility, playground or public library
will be from property line to property line following accessible roadways
as illustrated in figure 6.
Figure 6- Cannabis Distances Single Lot
(2) Where there is a property with multiple stores, such as a mall or strip mall the measurement will be
from the cannabis retail location to the property line of the nearest education service, day care
facility, playground or public library following roadways and parking lots as illustrated in figure 7.
**The District of Port
Hardy will determine
the measurement
using this regulation
as a guide and the
final determination of
the distance will be
decided by the District
of Port Hardy.
BYL 1080-2018
Added: 3.22 Cannabis
Regulations & Renumbered
Regulations
BYL 1080-2018
Added: 3.22 Cannabis
Regulations & Renumbered
Regulations
24
Figure 7- Cannabis Distances Multiple Store/Mall
(c)
Cannabis retail stores shall not be combined with any other use in the
same store.
(d)
Cannabis retailers must follow all BC Building Code requirements.
(e)
Cannabis retailers must hold a valid business license and follow all
business license requirements.
(f)
Cannabis retailers will only be considered in zones where licenced premises is a permitted principal use.
(g)
Cannabis retailers are not permitted to be in any residential zone.
(h)
Cannabis retailers follow all applicable bylaws and regulations as other businesses in the District of Port
Hardy.
(i) Parking requirements for cannabis retail stores must meet the provisions of the retail sales parking space
requirements as identified in Table 4.2-Parking Space Requirements contained in this regulation.
3.24 STAFF ACCOMMODATION
(a)
In zones where staff accommodation is permitted as an accessory use, the following shall apply:
(1) There shall be no more than four dwelling units;
(2) The dwelling units shall be located within the principal building or attached to it by at least one
complete common wall. As an exception to this requirement, where the principal use, building or
structure involves bulk storage of petroleum, fuel, lubricants, paint or chemical products, the
accessory staff accommodation may be provided in dwelling units located within one accessory
building;
(3) Dwelling units used for staff accommodation shall not exceed 70 square metres (753.47 square feet)
in floor area each; and,
(4) A recreational vehicle shall not be used for staff accommodation.
**The District of Port
Hardy will determine
the measurement
using this regulation
as a guide and the
final determination of
the distance will be
decided by the
District of Port Hardy.
BYL 1080-2018
Added: 3.22 Cannabis
Regulations & Renumbered
Regulations
25
3.25 URBAN AGRICULTURE
3.25.1 Small Scale Urban Agriculture
(a)
Small Scale Urban Agriculture is a permitted as an accessory use in a Residential Zone subject to the
following conditions:
(1) A greenhouse is subject to the setback requirements for an accessory building for the zone in which it
is located and the maximum footprint of the greenhouse shall not exceed 28 square metres (301.4
square feet);
(2) Artificial lighting is permitted within a greenhouse, provided that the lighting is not permitted to spill
out onto adjacent parcels. Lighting must be directed downwards and/or shielded to prevent spillage
of light onto adjacent parcels; and,
(3) One advertising sign is permitted provided it is in the form of a free standing sign located on the
parcel on which the Small Scale Urban Agriculture use is located, or a fascia sign attached to the
dwelling on that parcel, and the sign is not backlit nor illuminate light, and does not exceed 1.0
square metre (10.76 square feet) in total surface area.
3.25.2
Urban Hens
(a)
The keeping of Urban Hens is a permitted accessory use on parcels in the R-1, R-1s, R-2 and RR-1
Zones, and with respect to the R-3 Zone, on a parcel in a subdivision development in which each Mobile
Home Dwelling is located on its own parcel,
(b)
subject to the following conditions:
(1) Up to 4 urban hens are permitted on parcels that are less than or equal to 450 square metres
(4,842.8 square feet) in area;
(2) Up to 6 urban hens are permitted on parcels that are greater than 450 square metres (4,842.8
square feet) in area;
(3) No roosters, cocks or cockerels are permitted;
(4) A structure must be provided to house the urban hens and said enclosure must provide a minimum
of 0.37 of a square metre (4 square feet) per urban hen;
(5) A structure used to enclose urban hens, whether portable or stationary, is subject to the setback
requirements for accessory buildings and structures for the zone in which it is located however, if the
structure used to enclose the urban hens is located on a corner parcel, it shall not be located in the
side exterior yard;
(6) Only one structure for the purpose of housing urban hens is permitted on a parcel and it shall not
exceed 9.3 square metres (100 square feet) in area or 2.0 metres (6.5 feet) in height above grade;
3.25.3
Mason Bees
(a)
The keeping of mason bees is a permitted accessory use in all zones.
3.26 SUSTAINABLE BUILDING TECHNOLOGIES
3.26.1
Renewable and Co-generation Energy Devices
(a)
Renewable and co-generation energy devices are a permitted in all zones, under the following
conditions:
(1) There must be an active principal use on a parcel in order to locate a renewable energy or co-
generation device on the parcel; and
Amended Bylaw
1124-2020
26
(2) The production of the renewable or co-generation energy as well as any device used to produce the
energy must comply with all municipal, provincial and federal statutes and regulations including, but
not limited to, a the BC Building Code.
3.26.2
Solar Energy Devices
(a)
Solar energy devices shall be permitted in any zone provided that they:
(1) Are attached to or located within a principal or accessory building or alternatively, if they take the
form of a standalone accessory structure, then they shall be subject to the provisions for accessory
buildings and structures of the applicable zone in which it is located;
(2) Do not extend beyond the outermost edge of the roof; and,
(3) Do not exceed the maximum permitted height of the applicable zone.
3.26.3 Geothermal Energy Devices
(a)
Geothermal energy devices are permitted in all zones, provided that:
(1) All above-ground parts of the geothermal energy device shall be subject to the provisions for
accessory buildings and structures of the applicable zone in which it is located;
(2) The underground geothermal energy components shall be a minimum 1.0 metre (3.28 feet) away
from all parcel lines; and,
(3) Geothermal energy systems requiring access to the sea or any other watercourses must be
authorized by the provincial or federal governments, where applicable.
3.26.4
Wind Energy Devices
(a)
Wind energy devices (e.g. wind turbines) that generate up to a maximum of 10.0 kW, are permitted in
all zones, provided that:
(1) Unless attached to a principal building, all above-ground parts of the wind energy device shall be
subject to the provisions for accessory buildings and structures of the applicable zone in which it is
located;
(2) Only one wind energy device is permitted on a parcel;
(3) The parcel on which a small scale wind energy device is located shall have a minimum parcel area of
0.5 of a hectare (1.24 acres);
(4) The maximum height of a small scale wind energy device (including the blades) shall be 10.5 metres
(34.45 feet), as measured from the natural grade; and,
(5) A wind energy device shall be located a minimum of 30.0 metres (98.43 feet) from any dwelling on
an adjacent parcel.
3.27 LANDSCAPE SCREENING
(a)
Application:
The owner of a parcel shall provide the landscape screening prescribed in Table 3.1 to assist in masking and
/or providing separation in situations involving:
(1) Outdoor storage;
(2) Industrial uses where they are adjacent to commercial, institutional, or residential uses;
(3) Commercial uses where they are adjacent to residential uses; or
(4) Waste disposal and treatment sites from commercial, institutional
and
residential uses and from designated highways.
(5) Shipping container
BYL 1182 -2025
Amended: Shipping
Container
27
(b)
Landscape Screening Requirements:
Where a permitted use in one of the zones listed in the "Zone" column of Table 3.1 abuts, adjoins or fronts an
R-1, R-1s, R-2, R-3, RR-1, P-1 or GH Zone, the height and form screening requirements listed in the "Minimum
Height" and "Form" columns of Table 3.1, shall apply in the location and for the purpose indicated.
Table 3.1 - Screening Requirements
Zone
Location
Purpose
Minimum
Height
(metres)
Form
RM-1
Side & rear yards
Zone Separation
2.0
#1 or 2
C-3, C-4, C-5
Side & rear yards
Front yards
Zone Separation
Visual Buffer
2.0
1.0
#1 or 2
#3
C-1, C-2, I-1, I-2, CD-2
Side & rear yards
Front yard
Outdoor Storage
Visual Buffer
2.0
1.5
#1 or 2
#3
M-1, M-2, M-3, M-4,
CD-2
Side & rear yards
Side & rear yards
Front yard
Outdoor Storage
Zone Separation
Visual Buffer
2.0
2.0
1.5
#1 or 2
#1 or 2
#4
A-1
Side and rear yards
Side and rear yards
Front yard
Outdoor Storage
Zone Separation
Visual Buffer
2.0
2.0
1.5
#1 or 2
#1 or 2
#4
P-2
Side & rear yards
Front yard
Zone Separation
Visual Buffer
2.0
1.5
#1 or 2
#4
Form: #1 - Tight board fence natural stain;
#2 - Tight evergreen shrubbery (located 0.5 metres on centre)
#3 - Treed and landscaped 2.0 metres wide buffer; or
#4 - Treed and landscaped 5.0 metres wide buffer.
The District of Port Hardy may require the submission of landscape and related plans as part of permits or
approvals to ensure the proper landscape screening is provided in accordance with the requirements of this
Bylaw.
3.28 TEMPORARY USE PERMIT REGULATIONS
All of the lands in the District to which this Bylaw applies are designated as a Temporary Use Permit Area for
which the District may issue a Temporary Use Permit in accordance with the Local Government Act. In issuing
a Temporary Use Permit, the District may:
(1) specify conditions under which a temporary use may be carried on;
(2) allow and regulate the construction of buildings and structures in respect of the use for which the
permit is issued;
(3) require demolition and/or removal of a building or structure;
(4) require restoration of land described in the permit to a condition specified in the permit by a date
specified in the permit;
(5) require security in accordance with the Local Government Act; and,
(6) prescribe the date the permit expires, except that such date shall be for a term that is not greater than
three years.
28
3.29 Shipping Containers
(a) Shipping containers for temporary storage must adhere to all accessory building
regulations and all other zoning regulations.
(b) Shipping containers used for temporary storage are:
(1) not permitted as a principal building or structure in any zones;
(2) not permitted within the front yard of any parcel;
(3) not permitted on parking areas, boulevards or landscaped areas.
(c) Shipping containers are only permitted as accessory structures in C-1, C-2, M-1, M-2, M-3 M-4, I-1, I-2
and A-1 zones.
(d) Shipping containers must be buffered from public view using fencing and vegetation as per Section
3.26.
(e) The maximum number of shipping containers for accessory uses permitted per parcel are:
(1) 1 on a property zoned C-1,;
(2) 2 on a property zoned C-2; and
(3) as per the maximum lot coverage on a property zoned M-1, M-2, M-3 M-4, I-1, I-2 and A-1.
(f) Shipping containers are not permitted within any residential zone, unless for the purpose of
construction, as per the regulations below
(g) Temporary storage structures, shipping containers or portable offices for construction purposes may
be permitted in any zone upon written approval from the Director, provided they are:
(1) for the purpose of supporting active construction activities;
(2) located only on the subject property which is under construction; and
(3) are removed as soon as construction is complete or construction has ceased for a period of 6
months or more.
PART 4: PARKING AND LOADING
4.1
APPLICATION
Owners or occupiers of land and any building or structure thereon shall provide parking and loading spaces for
such building or structures, including spaces for use by persons with disabilities, in conformity with the
standards prescribed in Table 4.2 herein.
BYL 1182-2025
Amended: Shipping
Container
29
4.2
REQUIREMENTS
(a)
Location:
All parking and loading spaces, including parking spaces for use by persons with disabilities, shall be located
on the same parcel on which the use, building or structure requiring them is located. Parking spaces, with the
exception of parking spaces provided for persons with disabilities, may be located on a different parcel that is
owned by the same owner of the parcel on which the use, building or structure requiring the parking spaces is
located, provided such parcel is located within 250 metres (820 feet) and against which the District may
require a registered covenant pursuant to the Land Title Act.
(b)
Surface and Layout of Parking / Loading Areas:
In a Residential, Commercial, or Comprehensive Development Zone, or on land in the P-2 Zone, parking
spaces and loading spaces, where more than a total of three spaces combined are required by this Bylaw,
shall:
(1) Be surfaced with a permanent surface of asphalt or concrete so as to provide a surface that is
durable and dust-free;
(2) Have the individual parking spaces marked by painted lines, and maneuvering aisles, entrances and
exits clearly marked with curbs, fences, and/or signs to the satisfaction of the District;
(3) Have a maximum gradient and cross slope of six percent (6%);
(4) Have the surface drainage directed either to the public storm drainage system or if one is not readily
available, to a suitable alternative to the satisfaction of the District.
(5) Where lighting is used to illuminate the parking and loading space areas, the lighting shall be
directed, shielded and/or placed in such a manner to prevent spillage of light onto adjacent parcels.
(c)
Siting:
(1) No more than three parking spaces shall be permitted in a front yard of a parcel that is subject to the
R-1, R-1s, R-2 or R-1 Zone. No parking spaces are permitted in the front yard of a parcel subject to
the R-3 or RM-1 Zone.
(2) In a Commercial, Marine, Industrial or Comprehensive Development Zone, parking and loading
spaces shall be located or designed such that vehicles will not move in a backward direction onto a
highway, and all materials and commodities can be loaded, unloaded, collected or distributed on the
parcel itself.
(d)
Calculating Number of Parking and Loading Spaces:
(1) Calculations must be undertaken separately for both parking space and loading space (where
applicable) requirements, and when either calculation results in a fractional value, one space shall be
provided for such fractional portion.
(2) The total number of parking and loading spaces that must be provided with respect to a parcel shall
be based on the sum of the spaces required for each use of land, building and structure on that
parcel.
(3) Where gross floor area is used as a unit of measurement for the purpose of calculating the required
spaces, gross floor area shall include the floor area associated with each of the accessory buildings as
well as basements and attics, except the portions of each that are used for parking or utility
infrastructure.
(4) Where the number of seats is used as a unit of measurement for the purpose of calculating the
required spaces, and where the seating includes benches, pews, booths and the like, each 0.5 metre
(1.64 feet) length of seating area shall be counted as one seat.
30
(e)
Access to Spaces:
Adequate provision shall be made for ingress or egress by vehicles to all parking and loading spaces at all
times by means of unobstructed maneuvering aisles. The width of these aisles (column D) shall be based on
the type of parking orientation provided as described in Table 4.1.
(f)
Parking and Loading Space Dimensions:
(1) Parking spaces must meet the minimum dimensions shown in columns (B) and (C) of Table 4.1 based
on the type of parking orientation (angle) provided.
(2) Notwithstanding the 0 parallel parking space dimensions in Table 4.1, the parking spaces located at
the ends of a row of parallel parking spaces shall have a minimum stall length of 6.0 metres (19.69
feet).
(3) Each required loading space shall be of adequate size and with adequate access thereto, to
accommodate the type of vehicles which will be loading and unloading, but in no case shall the space
be less than 30 square metres (322.9 square feet) in area or less than 2.5 metres (8.2 feet) in width
or with less than 4.0 metres (13.12 feet) of overhead clearance.
Table 4.1 - Minimum Parking Space and Aisle Dimensions
Angle Type (A)
Space Width (B)
Space Length (C)
Aisle Width (D)
See Figure
0
(parallel)
3.0 metres
(9.84 feet)
7.5 metres
(24.6 feet)
4.87 metres
(15.98 feet)
Six
45 or less
2.75 metres
(9.0 feet)
6.0 metres
(19.69 feet)
4.87 metres
(19.69 feet)
Seven
60
2.75 metres
(9.0 feet)
6.0 metres
(19.69 feet)
6.09 metres
(20.0 feet)
Seven
90
2.75 metres
(9.0 feet)
6.0 metres
(19.69 feet)
7.31 metres (24 feet)
(6.7 metres / 22 feet
in enclosed building)
Seven
Figure Eight Parallel Parking Standards
Figure Nine - Angled Parking Standards
BYL 1080-2018
Amended: to Figure #8
31
4.15 PARKING FEE IN LIEU OF PARKING SPACE
Where the owner or occupier of a parcel is required to provide parking spaces in accordance with this
Bylaw, the owner or occupier (with the owner's permission) may pay to the District, the sum of
$1,000.00 per parking space in lieu of providing that parking space on the subject parcel. This may
only be undertaken in a situation whereby the District owns an off-highway parking facility within 500
metres (1,640.4 feet) of the parcel for which the parking space(s) is required. As a limit on this
provision, the parking fee may only be used to offset the provision of up to a maximum of 10% of the
total parking spaces required for a parcel.
4.16 PARKING AND LOADING SPACE TABLES
The number of parking spaces required for various uses is identified in Table 4.2. In instances where the exact
use is not identified in Table 4.2, the use most similar to it shall be used to determine the number of parking
spaces required.
Table 4.2 - Parking Space Requirements
Column 1 - Use
Column 2 - Number of
Parking Spaces Required
Residential
Apartment Dwelling or Attached Dwelling:
Studio or One Bedroom
Two or more Bedroom
Visitor Parking
1 per dwelling
1.5 per dwelling
0.5 per dwelling
Carriage Home Dwelling
1 per dwelling
Duplex Dwelling
2 per dwelling
Manufactured Home Dwelling
2 per dwelling
BYL 1080-2018
Amended: Figure #9
Amended Bylaw
1124-2020
32
Table 4.2 - Parking Space Requirements
Column 1 - Use
Column 2 - Number of
Parking Spaces Required
Mobile Home Dwelling
2 per dwelling
Mobile Home Park
2 per dwelling and 0.5 per dwelling in common off-
street visitor parking area
Secondary Suite Dwelling
1 per dwelling
Single Detached Dwelling
2 per dwelling
Group Home
1.5 per every 3 residents
Home Occupation, Major
1 (in addition to the spaces required for the
dwelling(s) located on the same parcel)
Home Occupation, Rural
2 (in addition to the spaces required for the
dwelling(s) located on the same parcel)
Bed and Breakfast
2 (in addition that the 2 spaces required for the
single detached dwelling in which the bed and
breakfast is located)
Commercial
Animal Kennel
1 per 5 enclosures (pen, cage and/or run intended
to accommodate an animal)
Assembly
1 per 4 seats
Auction
1 per 10 m2 of floor area used for sales
Bowling Alley
3 per bowling lane
Building Supply or Garden Centre
1 per 20 m2 of retail sales floor area plus 1 per 30
m2 of outdoor display area
Campground and Recreational Vehicle Parks
1.5 per campsite
Car / Truck Wash
2 per wash bay
Cold Storage
1 per 100 m2 of gross floor area devoted to
storage
Community Market (indoor or outdoor)
1 per 30 m2 sales area
Financial Institution
1 per 20 m2 of gross floor area
Funeral Parlour
1 per 3 seats
Golf Course
3 per hole
Golf Driving Range
1 per each tee
Hostel
0.5 per bed or rentable room, whichever is greater
Hotel or Motel
1 per rentable room or sleeping unit
Laboratory
1 per 20m2 of gross floor area
Laundromat / Laundry and Dry Cleaning
1 per every 2 washing machines /
1 per 20 m2 of gross floor area
Licenced Premises
1 per 3 seats
Marina
1 per 2 boat water or land based moorage spaces
plus 1 per service bay
Medical or Dental Office
4 per veterinarian, dentist or doctor
Motor Vehicle and Boat Sales
1 per 50 m2 of floor area used for sales and 1 per
service bay
Office (all types excluding medical or dental)
1 parking space per 22 m
2 (237 ft
2) of gross floor
area for the first 1,000 m
2 (10,764 ft
2) of gross
floor area and 1 space per 25 m
2 (269 ft
2) of gross
floor area for the remainder
Personal Service Establishment
1 per 10 m2 of gross floor area
33
Table 4.2 - Parking Space Requirements
Column 1 - Use
Column 2 - Number of
Parking Spaces Required
Restaurant including Café / Drive Through
Restaurant
1 per 3 seats plus 5 spaces / 1 per 3 seats plus 7
spaces
Retail Sales
1 per 20 m2 of gross floor area
Self-Storage
1 space per 400 m2 of gross floor area
Service Station (Motor Vehicle Repairs)
3 per service bay plus 1 per 10 m2 of floor area
used for retail sales
Shopping Centre
4 spaces per 100 m
2 (1076 ft
2) of gross floor area,
where the shopping centre has a gross floor area
of less than 35,000 m
2 (376,749 ft
2) but more than
500 m
2 (5382 ft
2).
5 spaces per 100 m
2 (1076 ft
2) of gross floor area,
where the shopping centre has a gross floor area
of 35,000 m
2 (376,749 ft
2) or more.
Taxi Business
1 per each taxi vehicle plus 1 per office employee
Television or Radio Business
1 per 40 m2 of gross floor area
Theatre
1 per 4 seats
Tire Repair
2 plus 2 per service bay
Tourist Cabin
1 per cabin
Veterinary Clinic
4 per veterinarian
Wholesale
1 per 75 m2 of gross floor area
Industrial
Custom or Specialty Workshop
1 per 75 m2 of gross floor area
Manufacturing including food or beverage
processing
1 per 70 m2 of gross floor area
Service / Repair
1 per 50 m2 of gross floor area plus 1 per service
bay
Warehousing / Storage
1 per 200 m2 of gross floor area devoted to the
warehouse / storage use and 1 per 400m2 of area
used for outdoor storage of boats and recreational
vehicles
Public and Institutional
Airport / Bus, Ferry, Floatplane or Train Depot
1 per 10 m2 of waiting or lobby area plus 5
Assembly including church/club/community/ or
similar public meeting halls
1 per 4 seating places
Church / Place of Worship
1 per 4 seating places
Club or Organization with Membership
1 per 4 seating spaces
Curling Rink
8 each ice sheet or curling lane
Gymnasiums and Health Clubs
1 per 10 m2 of gross floor area
Hospital or Community Care Facility
1 per 3 employees and 1 per 4 patient beds
Ice Arena
1 per 10 m2 of ice surface
Library
1 per 10 m2 of gross floor area
Museum
1 per 10 m2 of gross floor area
Nursery or Day Care Centre
4
Police or Fire Station
1 per 10 m2 of gross floor area except indoor areas
used for the parking of vehciles
Post Office
1 per 20 m2 of gross floor area
34
Table 4.2 - Parking Space Requirements
Column 1 - Use
Column 2 - Number of
Parking Spaces Required
Schools
Elementary - 2 per classroom
Secondary - 3 per classroom
Post-Secondary - 5 per classroom
Swimming Pool
1 per 7 m2 of pool water surface
Loading spaces are required for those uses being undertaken in a building located in a Commercial Zone,
Industrial Zone or Parks and Institutional Zone as identified in Table 4.3.
Table 4.3 -Loading Space Requirements
Column 1 - Zone
Column 2 - Number of Loading Spaces
Required
Commercial Zone
1 per 300 m2 to 500 m2 of gross floor area
2 per500 m2 to 2,500 m2 of gross floor area
1 stall for each additional 2,500 m2 of gross floor
area
Industrial Zone
1 per 300 m2 to 500 m2 of gross floor area
2 per 500 m2 to 2,500 m2 of gross floor area
1 for each additional 2,500 m2 of gross
floor area
Parks and Institutional Zone
1 per 300 m2 to 3,000 m2 of gross floor area
1 per each additional each additional 3,500 m2 of
gross floor area
4.17 PARKING SPACES FOR PERSONS WITH PHYSICAL DISABILITY
(a)
Parking spaces for the use of persons with a physical disability shall be provided as a cumulative ratio as
described in Table 4.4:
Table 4.4 - Parking Spaces for Persons with Disability
Column 1 - Total Number of Required
Parking Spaces
Column 2 - Number of Parking Spaces for
Disabled Persons
1-10
0
11-20
1
21-100
2
101-1000
2 per 100 required spaces or part thereof
35
1001+
1 per 100 required spaces or part thereof
(b)
Notwithstanding the foregoing, the number of parking spaces for disabled persons count towards the
overall number of parking spaces required.
PART 5: ESTABLISHMENT OF ZONES
5.1
ZONES AND ZONE CATEGORIES
For the purposes of this Bylaw, lands within the District are hereby divided into twenty-seven zones which are
grouped into seven distinct zone categories (Residential, Commercial, Marine, Industrial, Parks and
Institutional, Holding and Comprehensive Development Zones) as follows:
Table 5.1 - Zone Categories, Titles and Abbreviations
Zone Title
Abbreviation
Residential Zones
R-1: Single Detached Residential
R-1
R-1s: Strata Residential
R-1s
R-2: Duplex Residential
R-2
R-3: Mobile Home Residential
R-3
RM-1: Multiple Unit Residential
RM-1
RM-2: Multiple Unit Residential (High Density)
RM-2
RM-3: Multiple Unit Residential Rental Tenure
RM-3
RR-1: Rural Residential
RR-1
Commercial Zones
C-1: General Commercial
C-1
C-2: Service Commercial
C-2
C-3: Town Centre Commercial
C-3
C-4: Commercial Animal Services
C-4
C-5: Tourist Commercial
C-5
Marine Zones
M-1: Marine Commercial
M-1
M-2: Marine Industrial
M-2
M-3: Marine Forest Industrial
M-3
M-4: Seaplane Base
M-4
W-1: Waterfront
W-1
Industrial Zones
I-1: Light Industrial
I-1
I-2: Heavy Industrial
I-2
A-1: Airport
A-1
Parks and Institutional Zones
P-1: Parks and Open Space
P-1
P-2: Institutional
P-2
Holding Zones
GH-1: General Holdings
GH-1
Comprehensive Development Zones
36
CD-1: Comprehensive Development 1
CD-1
CD-2: Comprehensive Development 2
CD-2
CD-3: Comprehensive Development 3
CD-3
CD-4: Comprehensive Development 4
CD-4
CD-5: Comprehensive Development 5
CD-5
CD-6: Comprehensive Development 6
CD-6 (Added: BYL 1042-2015)
CD-7: Comprehensive Development 7
CD-7 (Added: BYL 1045-2016)
CD-8: Comprehensive Development 8
CD-8 (Added: BYL 1075-2018)
5.2
EXTENT OF ZONES
The extent of each zone included in Table 5.1 is shown on Schedules A through D which are attached to and
from part of this Bylaw as follows:
Schedule A: Zoning Map - West
Schedule B: Zoning Map - Central
Schedule C: Zoning Map - East
Schedule D: Zoning Map - Airport
Where the boundary of a zone is shown as following a highway or watercourse, the centre line of each such
highway or watercourse shall be the zone boundary. Where a zone boundary does not follow a legally defined
line such as a parcel line, and where distances are not specifically indicated, the location of the boundary shall
be determined by scaling from the applicable Schedule.
37
6.1 R-1: Single Detached Residential
(a)
The following principal use is permitted:
(1) Single Detached Dwelling
(2) Manufactured Home Dwelling
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Bed and Breakfast (see section 3.13)
(3) Carriage Home Dwelling or Secondary Suite Dwelling (see sections 3.10 and 3.11)
(4) Group Home (see definition)
(5) Minor or Major Home Occupation (see section 3.12)
(6) Small Scale Urban Agriculture and Urban Hens (see section 3.23)
(7) Short Term Vacation Rental (see section 3.14)
(c)
The following conditions of use apply:
(1) There shall be no more than one Single Detached Dwelling per parcel.
(2) There shall be no more than one Secondary Suite Dwelling or one Carriage Home Dwelling per
parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 7.6 metres
(24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Rear Yard
Minimum of 7.6 metres
(24.93 feet)
Minimum of 3.0 metres
(9.84 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
(Principal Building)
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height (Principal Building)
7.6 metres (24.93 feet)
Maximum Parcel Coverage
40%
Minimum Building Width
(Principal Building)
7.5 metres (24.6 feet)
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0
metres (98.43 feet)
PART 6: RESIDENTIAL ZONES
AMENDED: BYL 1124-2020
Manufactured Home
AMENDED: BYL 1126-2020
STVR
38
6.2 R-1s: Strata Residential
The R-1s Strata Residential Zone is intended to accommodate single detached dwellings in strata plan
development.
(a)
The following principal use is permitted:
(1) Single Detached Dwelling in a strata plan
(2) Manufactured Home Dwelling in a strata plan
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation (see section 3.12)
(3) Secondary Suite Dwelling (see section 3.10)
(4) Small Scale Urban Agriculture and Urban Hens (see section 3.23)
(5) Short Term Vacation Rental (see section 3.14)
(c)
The following conditions of use apply:
(1) A minimum of 15% of the land included in the strata plan shall be retained as park or amenity space
in common property to be maintained by the strata corporation.
(2) There shall be no more than one Single Detached Dwelling per strata parcel.
(3) There shall be no more than one Secondary Suite Dwelling per parcel.
(e)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.0 metre
(3.28 feet)
Interior Side Yard
Minimum of 1.5 metres
(4.92 feet)
Minimum of 1.0 metre
(3.28 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
(Principal Building)
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height (Principal Building)
7.6 metres (24.93 feet)
Maximum Parcel Coverage
50%
Minimum Building Width
(Principal Building)
6.0 metres (19.69 feet)
Parcel Area and Dimensions
Minimum Parcel Area
1.0 hectare (2.47 acres)
Minimum Parcel Width
100.0 metres (328.09 feet)
Minimum Parcel Depth
100.0 metres (328.09 feet)
Minimum Strata Parcel Area
360 square metres (3,875 square feet)
Minimum Strata Parcel Width
12.0 metres (39.37 feet)
Minimum Strata Parcel Depth
30 metres (98.43 feet)
AMENDED: BYL 1124-2020
Manufactured Home
AMENDED: BYL 1126-2020
STVR
39
6.3 R-2: Duplex Residential
(a)
The following principal uses are permitted:
(1) Single Detached Dwelling
(2) Duplex Dwelling
(3) Manufactured Home Dwelling
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Bed and Breakfast (see section 3.13)
(3) Carriage Home Dwelling or Secondary Suite Dwelling (see sections 3.10 and 3.11)
(4) Group Home (see definition)
(5) Minor or Major Home Occupation (see section 3.12)
(6) Small Scale Urban Agriculture and Urban Hens (see section 3.23)
(7) Short Term Vacation Rental (see section 3.14)
(c)
The following conditions of use apply:
(1) There shall be no more than one Single Detached Dwelling or one Duplex Dwelling per parcel.
(2) There shall be no more than one Secondary Suite Dwelling or one Carriage Home Dwelling per
parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 7.6 metres (24.93
feet)
Minimum of 7.6 metres (24.93
feet)
Rear Yard
Minimum of 7.6 metres (24.93
feet)
Minimum of 1.0 metre (3.28
feet)
Interior Side Yard
Minimum of 1.5 metres (4.92
feet)
Minimum of 1.0 metre (3.28
feet)
Exterior Side Yard
Minimum of 4.5 metres (14.76
feet)
Minimum of 4.5 metres (14.76
feet)
Floor Area
Minimum Gross Floor Area
(Principal Building)
Single Detached Dwelling
Duplex Dwelling
111.5 square metres (1,200.18
square feet)
65 square metres (699.65
square feet)
Size of Buildings and Structures
Maximum Height
(Principal Building)
Single Detached Dwelling
Duplex Dwelling
7.6 metres (24.93 feet)
7.6 metres (24.93 feet)
Maximum Parcel coverage
40%
50%
Minimum Building Width
(Principal Building)
7.5 metres (24.6 feet)
12.0 metres (39.37 feet)
Parcel Area and Dimensions
Minimum Parcel Area
Single Detached Dwelling
Duplex Dwelling
450.0 square metres (4,843.76
square feet)
650.0 square metres
(6,996.54 square feet)
Minimum Parcel Width
15.0 metres (49.21 feet)
30.0 metres (98.43 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
30.0 metres (98.43 feet)
AMENDED: BYL 1124-2020
Manufactured Home
AMENDED: BYL 1126-2020
STVR
40
6.4 R-3: Mobile Home Residential
(a)
The following principal uses are permitted:
(1) Mobile Home Dwelling
(2) Mobile Home Park
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation (see section 3.12)
(3) Major Home Occupation (see section 3.12) on a parcel in a subdivision development in which each
Manufactured Home Dwelling is located on its own parcel.
(4) Single Detached Dwelling for the operator / manager of a Manufactured Home Park
(5) Small Scale Urban Agriculture (see section 3.23.1)
(6) Urban Hens (see section 3.23.2) on a parcel in a subdivision development in which each
Manufactured Home Dwelling is located on its own parcel.
(7) Short Term Vacation Rental (see section 3.14)
(c)
The following conditions of use apply:
(1) There shall be no more than one Single Detached Dwelling for a minimum of 10 Mobile Home
Dwellings in a Manufactured Home Park.
(2) There shall be no more than one Manufactured Home Dwelling per parcel, except that in a Mobile
Home Park, there may be a maximum of 20 MobileHome Dwellings per hectare per parcel.
(3) Every Mobile Home Dwelling shall be placed on a foundation and fully skirted in a manner consistent
with the exterior finish of the Mobile Home Dwelling.
(4) All additions to a Mobile Home Dwelling shall have an exterior finish in a manner consistent with the
exterior finish of the Mobile Home Dwelling.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Rear Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 1.0 metre
(3.28 feet)
Interior Side Yard
Minimum of 1.8 metres
(5.9 feet)
Minimum of 1.0 metre
(3.28 feet)
Exterior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Floor Area
Minimum Gross Floor Area (Principal Building)
67.8 square metres (729.8 square feet)
Size of Buildings and Structures
Maximum Height (Principal Building)
5.0 metres (16.4 feet)
Maximum Parcel Coverage
40%
Minimum Building Width
(Principal Building)
4.2 metres (13.78 feet)
Parcel Area and Dimensions
Mobile Home Dwelling
Mobile Home Park
Minimum Parcel Area
300.0 square metres (3,229.17
square feet)
1.0 hectare (2.47 acres)
Minimum Parcel Width
10.0 metres (32.8 feet)
30.0 metres (98.43 feet)
Minimum Parcel Depth
20.0 metres (65.62 feet)
30.0
metres (98.43 feet)
Amended Bylaw
1124-2020
AMENDED: BYL 1126-2020
STVR
41
6.5 RM-1: Multiple Unit Residential
(a)
The following principal uses are permitted:
(1) Apartment Dwelling
(2) Attached Dwelling
(3) Community Care Facility
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation (see section 3.12)
(3) Small Scale Urban Agriculture (see section 3.23)
(4) Short Term Vacation Rental (see section 3.14)
(c)
The following conditions of use apply:
(1) Outdoor amenity space equal to 15.0 square metres per Apartment Dwelling and Attached Dwelling
shall be provided on the same parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Dwelling
Community Care
Facility
Accessory Use
Front Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Rear Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 3.0
metres (9.84 feet)
Minimum of 3.0
metres (9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Exterior Side Yard
Minimum of 4.5
metres (14.76 feet)
Minimum of 4.5
metres (14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
Dwelling
Studio
32.0 square metres (344.45 square feet)
One Bedroom
55.7 square metres (599.55 square feet)
Two Bedroom
74.3 square metres (799.78 square feet)
Three Bedroom
92.5 square metres (995.66 square feet)
Four Bedroom
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height
(Principal Building)
Dwelling
Community Care Facility
11.0 metres (36.09 feet)
11.0 metres (36.09 feet)
Maximum Parcel coverage
40%
50%
Parcel Area and Dimensions
Minimum Parcel Area
Dwelling
Community Care Facility
900 square metres (9,687.52
square feet)
900 square metres (9,687.52
square feet)
Minimum Parcel Width
30.0 metres (98.43 feet)
30.0 metres (98.43 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
30.0
metres (98.43 feet)
AMENDED: BYL 1126-2020
STVR
42
6.6 RM-2: Multiple Unit Residential (High Density)
(a) The following principal uses are permitted:
(1) Apartment Dwelling
(2) Attached Dwelling
(3) Community Care Facility
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation (see section 3.12)
(3) Small Scale Urban Agriculture (see section 3.23)
(4) Indoor amenity space shall not exceed 15.0 square metres per Apartment Dwelling and Attached
Dwelling and shall be used exclusively by the residents and administration of the facility. This
includes kitchens, multipurpose rooms, offices and storage.
(c)
The following conditions of use apply:
(1) Outdoor amenity space equal to 15.0 square metres per Apartment Dwelling and Attached Dwelling
shall be provided on the same parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Dwelling
Community Care
Facility
Accessory Use
Front Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Rear Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 3.0
metres (9.84 feet)
Minimum of 3.0
metres (9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Exterior Side Yard
Minimum of 4.5
metres (14.76 feet)
Minimum of 4.5
metres (14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
Dwelling Units
Studio
32.0 square metres (344.45 square feet)
One Bedroom
50.0 square metres (538.19 square feet)
Two Bedroom
66.0 square metres (710.42 square feet)
Three Bedroom
86 square metres (925.70 square feet)
Four Bedroom
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height (Principle
Buildings)
12.0 metres (36.09 feet)
Maximum Parcel coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
Dwelling
Community Care Facility
900 square metres (9,687.52
square feet)
900 square metres (9,687.52
square feet)
Minimum Parcel Width
30.0 metres (98.43 feet)
30.0 metres (98.43 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
30.0 metres (98.43 feet)
AMENDED: BYL 1113-2020
July 2020
43
6.7 RM-3: Multiple Unit Residential Rental Tenure
(a) The following principal uses are permitted:
(1) Apartment Dwelling
(2) Attached Dwelling
(3) Community Care Facility
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation (see section 3.12)
(c)
The following conditions of use apply:
(2) The use of the property is limited to residential rental tenure only
(3) Outdoor amenity space equal to 15.0 square metres per Apartment Dwelling and Attached Dwelling
shall be provided on the same parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Dwelling
Community Care
Facility
Accessory Use
Front Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Rear Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 3.0
metres (9.84 feet)
Minimum of 3.0
metres (9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Exterior Side Yard
Minimum of 4.5
metres (14.76 feet)
Minimum of 4.5
metres (14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
Dwelling Units
Studio
32.0 square metres (344.45 square feet)
One Bedroom
50.0 square metres (538.19 square feet)
Two Bedroom
66.0 square metres (710.42 square feet)
Three Bedroom
86 square metres (925.70 square feet)
Four Bedroom
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height (Principle
Buildings)
11.0 metres (36.09 feet)
Maximum Parcel coverage
40%
Parcel Area and Dimensions
Minimum Parcel Area
Dwelling
Community Care Facility
900 square metres (9,687.52
square feet)
900 square metres (9,687.52
square feet)
Minimum Parcel Width
30.0 metres (98.43 feet)
30.0 metres (98.43 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
30.0 metres (98.43 feet)
44
AMENDED: BYL 1146-2022
AMENDED: BYL 1146-2022
6.8 RR-1: Rural Residential
(a)
The following principal uses are permitted:
(1) Manufactured Home Dwelling
(2) Single Detached Dwelling
(3) Double-wide Mobile Home Dwelling (CSA Z-240 Standard)
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Bed and Breakfast (see section 3.13)
(3) Carriage Home Dwelling or Secondary Suite Dwelling (see sections 3.10 and 3.11)
(4) Group Home (see definition)
(5) Minor, Major or Rural Home Occupation (see section 3.12)
(6) Small Scale Urban Agriculture and Urban Hens (see section 3.23)
(7) Short Term Vacation Rental (see section 3.14)
(c)
The following conditions of use apply:
(1) There shall be no more than one Single Detached Dwelling or Manufactured Home Dwelling per
parcel.
(2) There shall be no more than one Secondary Suite Dwelling or one Carriage Home Dwelling per
parcel.
(3) A double-wide mobile home dwelling (CSA Z-240 Standard) older than 5
calendar years from the date of manufacture shall not be placed on any parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 7.6 metres
(24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Rear Yard
Minimum of 7.6 metres
(24.93 feet)
Minimum of 2.0 metres
(6.56 feet)
Interior Side Yard
Minimum of 2.0 metres
(6.56 feet)
Minimum of 2.0 metres
(6.56 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
(Principal Building)
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height (Principal Building)
7.6 metres (24.93 feet)
Maximum Parcel Coverage
40%
Minimum Building Width
(Principal Building)
7.5 metres (24.6 feet)
Parcel Area and Dimensions
Minimum Parcel Area
4,000 square metres (0.988 acres)
Minimum Parcel Width
30.0 metres (49.2 feet)
AMENDED: BYL 1126-2020
STVR
45
7.1
C-1: General Commercial
(a)
The following principal uses are permitted:
(1) Assembly
(10) Motor Vehicle Rentals, Repair and Sales
(2) Car / Truck Wash
(11) Personal Service Establishment
(3) Combined Commercial and Residential Use
(12) Professional Service Establishment
(4) Cannabis Retailer (see section 3.22)
(13) Restaurant
(5) Family Resource Centre
(14) Retail Sales
(6) Financial Institution
(15) Service Station
(7) Hotel
(16) Shopping Center
(8) Indoor Entertainment or Recreation
(9) Licenced Premises
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation accessory to a dwelling as part of a Combined Commercial and Residential
Use (see section 3.12)
(c)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Rear Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 1.5 metres
(4.92 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 4.5 metres
(14.76 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Floor Area
Minimum Gross Floor Area
(Principal Building)
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
8.0 metres (26.25 feet)
Maximum Parcel Coverage
75%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
PART 7: COMMERCIAL ZONES
BYL 1080-2018
added: Cannabis Retailer
46
7.2 C-2: Service Commercial
(a)
The following principal uses are permitted:
(1) Assembly
(11) Motor Vehicle Rentals, Repair and Sales
(2) Cannabis Retailer (see section 3.22)
(12) Parking Lot
(3) Car / Truck Wash
(13) Personal Service Establishment
(4) Cold Storage Facility
(14) Professional Service Establishment
(5) Combined Commercial and Residential Use
(15) Restaurant
(6) Construction Services
(16) Retail Sales
(7) Funeral Home
(17) Service Station
(8) Hotel
(18) Shopping Centre
(9) Licenced Premises
(10) Mini-Storage
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(c)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Rear Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.08 feet)
Maximum Parcel Coverage
75%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
BYL 1080-2018
added: Cannabis Retailer
47
7.3 C-3: Town Centre Commercial
(a)
The following principal uses are permitted:
(1) Assembly
(2) Cannabis Retailer (see section 3.22)
(3) Combined Commercial and Residential Use
(4) Family Resource Centre
(5) Financial Institution
(6) Hotel
(7) Licenced Premises
(8) Personal Service Establishment
(9) Professional Service Establishment
(10) Restaurant
(11) Retail Sales
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor Home Occupation accessory to a dwelling as part of a Combined Commercial and Residential
Use (see section 3.12)
(c)
The following conditions of use apply:
(1) No goods or merchandise offered for sale or rent shall be stored or displayed within the front yard
setback.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 1.0 metre
(3.28 feet)
Interior Side Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 1.0 metre
(3.28 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.08 feet)
Maximum Parcel Coverage
75%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
BYL 1080-2018
Added: Cannabis Retailer
48
7.4 C-4: Commercial Animal Services
(a)
The following principal uses are permitted:
(1) Animal Grooming
(2) Animal Kennel
(3) Manufactured Home Dwelling
(4) Single Detached Dwelling
(5) Veterinary Clinic
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Minor or Major Home Occupation (see section 3.12)
(c)
The following conditions of use apply:
(1) There shall be no more than one Manufactured Home Dwelling or Single Detached Dwelling per
parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
8.0 metres (26.25 feet)
Maximum Parcel Coverage
60%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
49
7.5 C-5: Tourist Commercial
(a)
The following principal uses are permitted:
(1) Campground
(2) Hotel
(3) Tourist Cabin
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling
(3) Licenced Premises
(4) Restaurant
(5) Retails Sales
(c)
The following conditions of use apply:
(1) Accessory commercial uses (Licenced Premises, Restaurant and Retails Sales) shall not exceed 100
square metres (1,076.39 square feet) of gross floor area each.
(2) There shall be no more than fifteen tourist cabins per 1.0 hectare (2.47 acres) of land.
(3) There shall be no more than one hotel per parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 7.5 metres
(24.6 feet)
Minimum of 7.5 metres
(24.6 feet)
Rear Yard
Minimum of 7.5 metres
(24.6 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 7.5 metres
(24.6 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
7.5 metres (24.6 feet)
Maximum Parcel Coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
1.0 hectare (2.47 acres)
Minimum Parcel Width
50.0 metres (164.04 feet)
50
8.1 M-1:
Marine Commercial
(a)
The following principal uses are permitted:
(1) Assembly
(7)
Cold Storage Facility
(2) Aviation and Marine Fuel Sales
(8)
Floatplane Depot
(3) Boat Manufacturing
(9)
Hotel
(4) Boat and Marine Equipment Rentals,
Repair and Sales
(10) Licenced Premises
(11) Marina
(5) Boat and Floatplane Moorage and Storage
(6) Cannabis Retailer (see section 3.22)
(12) Restaurant
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling
(c)
The following conditions of use apply:
(1) No goods or merchandise offered for sale or rent shall be stored or displayed within the front yard
setback.
(2) Notwithstanding the height regulations of this Bylaw, boat hoists and mast stepping gantries shall
not exceed 16.0 metres 52.5 feet) in height.
(3) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 2.0 metres
(6.56 feet)
Minimum of 2.0 metres
(6.56 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
40% except 60% for the land covered by water
portion of a parcel or Crown tenure
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum parcel Depth
30.0
metres (98.43 feet)
PART 8: MARINE ZONES
BYL 1080-2018
Added: Cannabis Retailer
51
8.2 M-2: Marine Industrial
(a)
The following principal uses are permitted:
(1) Assembly
(8) Hotel
(2) Aviation and Marine Fuel Sales
(9) Log Booming and Storage
(3) Boat Manufacturing
(10) Marina
(4) Boat and Marine Equipment Rentals,
Repair and Sales
(11) Marine Based Transportation and
Warehousing
(5) Boat and Floatplane Moorage and Storage
(6) Cold Storage Facility
(12) Recreational Vehicle Maintenance,
Repair and Storage
(7) Ferry Depot
(8) Floatplane Depot
(13) Seafood Processing
(14) Tourist Cabins
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see
section 3.9)
(4) Office
(5) Restaurant
(2) Caretaker Dwelling
(6) Retail Sales
(3) Licenced Premises
(c)
The following conditions of use apply:
(1) No goods or merchandise offered for sale or rent shall be stored or displayed within the front yard
setback.
(2) Notwithstanding the height regulations of this Bylaw, boat hoists and mast stepping gantries shall
not exceed 16.0 metres 52.5 feet) in height.
(3) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
60% except 75% for the land covered by water
portion of a parcel or Crown tenure
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum parcel Depth
30.0 metres (98.43 feet)
52
8.3 M-3: Marine Forest Industrial
(a)
The following principal uses are permitted:
(1) Boat Manufacturing
(2) Boat and Floatplane Moorage and Storage
(4) Recreational Vehicle Maintenance,
Repair and Storage
(3) Log Booming, Storage and Marine Based
Activities related to Forestry
(5) Warehousing
(6) Wood Processing
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see
section 3.9)
(2) Campground
(3) Caretaker Dwelling
(4) Equipment Maintenance, Repair and
Storage
(5) Office
(6) Restaurant
(7) Tourist Cabins
(c)
The following conditions of use apply:
(1) Notwithstanding the height regulations of this Bylaw, boat hoists and mast stepping gantries shall
not exceed 16.0 metres 52.5 feet) in height.
(2) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
(3) There shall be no more than fifteen tourist cabins per 1.0 hectare (2.47 acres) of land.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
40% except 60% for the land covered by water
portion of a parcel or Crown tenure
Parcel Area and Dimensions
Minimum Parcel Area
1,000.0 square metres (10,763.9 square feet)
Minimum Parcel Width
20.0 metres (65.62 feet)
Minimum parcel Depth
40.0 metres (131.23 feet)
53
8.4 M-4: Seaplane Base
(a)
The following principal uses are permitted:
(1) Aviation and Marine Fuel Sales
(2) Boat and Floatplane Moorage and Storage
(3) Boat Manufacturing
(4) Boat and Marine Equipment Rentals,
Repair and Sales
(5) Floatplane Depot
(6) Marina
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see
section 3.9)
(3) Licenced Premises
(4) Office
(2) Caretaker Dwelling
(5) Restaurant
(c)
The following conditions of use apply:
(1) Notwithstanding the height regulations of this Bylaw, boat hoists and mast stepping gantries shall
not exceed 16.0 metres 52.5 feet) in height.
(2) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
60% except 75% for the land covered by water
portion of a parcel or Crown tenure
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum parcel Depth
30.0 metres (98.43 feet)
54
8.5 W-1: Waterfront
(a)
The following principal uses are permitted:
(1) Activities Intended at Protecting the Environment
(2) Boat Launch
(3) Boat Moorage
(4) Marine Recreation
(5) Piers, Wharfs and Walkways
(6) Public Access
(b)
The following accessory uses are permitted:
(1) Restaurant
(2) Retail Sales
(c)
The following conditions of use apply:
(1) Accessory commercial uses (Restaurant and Retails Sales) shall not exceed 100 square metres
(1,076.39 square feet) of gross floor area each.
(2) No person shall reside on any boat or within this zone.
55
9.1 I-1:
Light Industrial
a)
The following principal uses are permitted:
(1) Aggregates and Soil Sales
(9) Fish Smoking, Pickling and Sales
(2) Asphalt, Cement and Concrete
Manufacturing
(10) Funeral Home
(11) Motor Vehicle Racetrack
(3) Assembly
(12) Recycling depot
(4) Boat, Manufactured Home and
Recreational Vehicle Maintenance, Repair,
Sales and Storage
(13) Storage (Indoor and/or Outdoor)
(14) Service Station
(15) Service Industry Establishment
(5) Bulk Fuel Facility
(16) Transportation Depot
(6) Car / Truck Wash
(17) Wholesaling of Goods
(7) Cold Storage Facility
(18) Workshop
(8) Construction Services
(19) Wood Processing
b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling or Staff Accommodation
(3) Minor Home Occupation (see section 3.12)
(4) Office
c)
The following conditions of use apply:
(1) Only a Caretaker Dwelling or Staff Accommodation is permitted per parcel, not both.
(2) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 8.0 metres
(26.25 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
60%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum parcel Depth
30.0 metres (98.43 feet)
PART 9: INDUSTRIAL ZONES
56
9.2 I-2: Heavy Industrial
(a)
The following principal uses are permitted:
(1) Aggregate Extraction and Processing
(8) Fish Smoking, Pickling and Sales
(2) Aggregates and Soil Sales
(9) Funeral Home
(3) Asphalt, Cement and Concrete
Manufacturing
(4) Assembly
(10) Manufacturing and Assembly of Goods
(11) Marine Based Transportation and
Warehousing
(5) Boat, Manufactured Home and
Recreational Vehicle Maintenance, Repair,
Sales and Storage
(12) Storage (Indoor and/or Outdoor)
(13) Service Industry Establishment
(14) Service Station
(6) Bulk Fuel Facility
(15) Transportation Depot / Freight Terminal
(7) Car / Truck Wash
(16) Wholesaling of Goods
(8) Cold Storage Facility
(17) Workshop
(9) Construction Services
(18) Wood Processing
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling or Staff Accommodation
(3) Minor Home Occupation (see section 3.12)
(4) Office
(c)
The following conditions of use apply:
(1) Only a Caretaker Dwelling or Staff Accommodation is permitted per parcel, not both.
(2) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 8.0 metres
(26.25 feet
Minimum of 3.0 metres
(9.84 feet)
Interior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 15.0
metres (49.21 feet)
Minimum of 8.0 metres
(26.25 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
60%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum parcel Depth
30.0 metres (98.43 feet)
57
9.3
A-1: Airport
(a)
The following principal uses are permitted:
(1) Agriculture
(7) Licenced Premises
(2) Aircraft Landing Strip Airport Passenger
Terminal
(8) Office
(9) Wood Processing
(3) Aircraft Maintenance, Repair, Sales and
Storage
(10) Parking Lot
(11) Restaurant
(4) Aviation Fuel Depot and Sales
(12) Storage (Indoor and/or Outdoor)
(5) Aviation Related Services
(13) Vehicle Rentals
(6) Freight Terminal
(14) Warehouse
(7) Heliport
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling
(3) Minor Home Occupation
(4) Office
(5) Retail Sales
(c)
The following siting, size and dimension requirements apply:
Siting / Setbacks of Buildings and Structures
Yards and setback requirements shall be in accordance with Government of Canada regulations.
Spatial separation requirements shall be in accordance with the National Building Code.
Size of Buildings and Structures
The maximum height of all buildings and structures shall be in accordance with Government of
Canada regulations related to airport zoning.
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0 metres (98.43 feet)
58
9.1 P-1:
Parks and
Open
Space
(a)
The following principal uses are permitted:
(1) Activities Directed at Protecting and / or
Enhancing the Natural Environment
(2) Boat Launch
(3) Campground
(4) Cemetery
(6) Hiking and/or Walking Trails
(7) Public Interpretation Centre
(8) Park
(9) Playgrounds
(10) Recreational Facilities and Sports Fields
(5) Fish Hatchery and Enhancement Works
(11) Washroom Facilities
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see
section 3.9)
(2) Caretaker Dwelling
(3) Minor Home Occupation (see section 3.12)
(4) Office
(5) Rental Establishment
(6) Restaurant
(7) Retails Sales
(8) Staff Accommodation
(c)
The following conditions of use apply:
(1) Accessory commercial uses (Rental Establishment, Restaurant and Retails Sales), if located within a
building, shall not exceed 100 square metres (1,076.39 square feet) of gross floor area each.
(2) Only a Caretaker Dwelling or Staff Accommodation is permitted per parcel, not both.
(3) Staff Accommodation is limited to a maximum of four dwellings.
(4) Notwithstanding the specified side interior yard and rear yard setbacks for principal and accessory
uses, where the interior side yard and / or rear yard is the natural boundary of the sea, the interior
side yard and / or rear yard setbacks may be reduced to 0.0 metres (0.0 feet).
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 7.0 metres
(22.97 feet)
Minimum of 7.0 metres
(22.97 feet)
Rear Yard
Minimum of 7.0 metres
(22.97 feet)
Minimum of 3.0 metres
(9.84 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 7.0 metres
(22.97 feet)
Minimum of 7.0 metres
(22.97 feet)
Exterior Side Yard
Minimum of 5.0 metres
(16.4 feet)
Minimum of 5.0 metres
(16.4 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
10.0 metres (32.8 feet)
Maximum Parcel Coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
Not Applicable
Minimum Parcel Width
Not Applicable
Minimum parcel Depth
Not Applicable
PART 10: PARKS AND INSTITUTIONAL ZONES
59
10.2 P-2: Institutional
(a)
The following principal uses are permitted:
(1) Activities Directed at Protecting and / or Enhancing the Natural Environment
(2) Assembly
(3) Civic Use
(4) Community Care Facility
(5) Day Care Facility
(6) Hospital
(7) Recreational Facilities and Sports Fields
(8) Education Services
(9) Exhibition Grounds
(10) Family Resource Centre
(11) Professional Service Establishments - see section 10.2(c)(2)
(12) Funeral Homes (Added: BYL 1052-2016)
(b)
The following accessory uses are permitted:
(1) Restaurant
(2) Retail Sales
(c)
The following conditions of use apply:
(1) Accessory commercial uses (Restaurant and Retails Sales), if located within a building, shall not
exceed 100 square metres (1,076.39 square feet) of gross floor area each.
(2) Only services related to the provision of dental and medical care are permitted as a Professional
Service Establishment.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 7.0 metres
(22.97 feet)
Minimum of 7.0 metres
(22.97 feet)
Rear Yard
Minimum of 7.0 metres
(22.97 feet)
Minimum of 2.0 metres
(6.56 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 2.0 metres
(6.56 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
10.0 metres (32.8 feet)
Maximum Parcel Coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.21 feet)
Minimum parcel Depth
30.0 metres (98.43 feet)
60
10.1 GH-1: General Holdings
(a)
The following principal uses are permitted:
(1) Aggregate Extraction and Processing
(2) Agriculture
(3) Forestry
(4) Single Detached Dwelling
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Bed and Breakfast (see section 3.13)
(3) Carriage Home Dwelling or Secondary Suite Dwelling (see sections 3.10 and 3.11)
(4) Minor, Major or Rural Home Occupation (see section 3.12)
(5) Small Scale Urban Agriculture and Urban Hens (see section 3.23)
(c)
The following conditions of use apply:
(1) There shall be no more than one Single Detached Dwelling per parcel.
(2) There shall be no more than one Secondary Suite Dwelling or one Carriage Home Dwelling per
parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 3.0 metres
(9.84 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
7.6 metres (24.93 feet)
Maximum Parcel Coverage
30%
Parcel Area and Dimensions
Minimum Parcel Area
8.0 hectares (19.77 acres)
Minimum Parcel Width
200.0 metres (656.17 feet)
Minimum parcel Depth
200.0 metres (656.17 feet)
PART 11: HOLDING ZONES
61
12.1 CD-
1: Comprehensive Development 1
The purpose of this zone is to permit site specific mixed institutional, commercial and tourist accommodation
uses on land located at 7050 Rupert Street, legally described as Lot 10, Section 36, Township 9, Rupert
District, Plan 27270.
(a)
The following principal uses are permitted:
(1) Assembly
(2) Community Care Facility
(3) Community Kitchen
(4) Day Care Facility
(5) Education Services
(6) Family Resource Centre
(7) Hotel
(8) Professional Service Establishments
(9) Restaurant
(10) Retail Sales
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Offices
(c)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 0.0 metres
(0.0 feet)
Interior Side Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 0.0 metres
(0.0 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
60%
Parcel Area and Dimensions
Minimum Parcel Area
1,000 square metres (10,763.91 square feet)
Minimum Parcel Width
25.0 metres (82.02 feet)
Minimum parcel Depth
40.0 metres (131.23 feet)
PART 12: COMPREHENSIVE DEVELOPMENT ZONES
62
12.2 CD-2: Comprehensive Development 2
The purpose of this zone is to permit site specific mixed to permit a specialized mix of commercial and
residential uses on the parcel which is civically addressed as 6710 Hardy Bay Road, and is legally described as
Lot 3, Section 36, Township 9, Rupert District, Plan VIP55798.
(a)
The following principal uses are permitted:
(1) Campground
(2) Combined Commercial and Residential Use
(3) Boat, Manufactured Home, Motor Vehicle and Recreational Vehicle Maintenance, Repair, Sales and
Storage
(4) Offices
(5) Service Industry Establishment
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Offices
(c)
The following conditions of use apply:
(1) There shall be no more than one campground per parcel.
(2) There shall be no more than fifteen campsites per campground.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Interior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Exterior Side Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
10.0 metres (32.8 feet)
Maximum Parcel Coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
5.0 hectares (12.36 acres)
Minimum Parcel Width
100.0 metres (328.08 feet)
63
12.3 CD-3: Comprehensive Development 3
The purpose of this zone is to provide for outdoor recycling and salvage activities on three
parcels as follows:
-
6050 Bronze Road which is legally described as Lot 26, Section 21, Township 6, Rupert
District, Plan 33502;
-
7550 Byng Road, which is legally described as Lot 1, Section 20, Township 6, Rupert
District, Plan 29951 Except Part in Plan VIP 76286; and,
-
7600 Byng Road, which is legally described as Lot A, Section 19, Township 6, Rupert
District, Plan VIP59801.
(a)
The following principal uses are permitted:
(1) Wrecking Yard
(2) Service Industry Establishment
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling
(3) Offices
(c)
The following conditions of use apply:
(1) Only one Caretaker Dwelling is permitted per parcel.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Interior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 12.0
metres (39.37 feet)
Minimum of 8.0 metres
(26.25 feet)
Exterior Side Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
40%
Parcel Area and Dimensions
Minimum Parcel Area
2.0 hectares (4.94 acres)
Minimum Parcel Width
50.0 metres (164.04 feet)
64
12.4 CD-4: Comprehensive Development 4
The purpose of this zone is to permit mixed institutional and commercial uses as an adaptive reuse of the
existing Robert Scott Elementary School building located on the parcel civically addressed as 6855 Market
Street, and legally described as Lot A, Section 36, Township 9, Rupert District, Plan 8367.
(a)
The following principal uses are permitted:
(1) Assembly
(2) Community Care Facility
(3) Day Care Facility
(4) Education Service
(5) Family Resource Centre
(6) Personal Service Establishment
(7) Recreational Facilities and Sports Fields
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Offices
(c)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Interior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
10.0 metres (32.8 feet)
Maximum Parcel Coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
2.0 hectares (4.94 acres)
Minimum Parcel Width
50.0 metres (164.04 feet)
65
12.5 CD-5: Comprehensive Development 5
The purpose of this zone is to provide for the mixed uses as part of a reuse scheme associated with a former
shopping centre located on two parcels as follows:
-
9150 Trustee Road, which is legally described as Lot 2, Section 36, Township 9, Rupert District, Plan
VIP66889.
-
9250 Trustee Road, which is legally described as Lot 1, Section 36,
Township
9, Rupert District, Plan VIP66889.
(a)
The following principal uses are permitted:
(1) Assembly
(8)
Personal Service Establishment
(2) Cannabis Retailer (see section 3.22)
(3) Educational Service
(9)
Recycling Depot
(10) Restaurant
(4) Fish Smoking and Pickling
(11) Retail Sales
(5) Law Courts
(12) Seafood Processing
(6) Licenced Premises
(13) Shopping Centre
(7) Offices
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(c)
The following conditions of use apply:
(1) Recycling Depot includes the collection, preparation, packaging and shipping of typical household
items that are to be reused or recycled.
(d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Interior Side Yard
Minimum of 1.5 metres
(4.92 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
10.0 metres (32.8 feet)
Maximum Parcel Coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
2.0 hectares (4.94 acres)
Minimum Parcel Width
50.0
metres (164.04 feet)
BYL 1080-2018
Added: Cannabis Retailer
66
12.6 CD-6: COMPREHENSIVE DEVELOPMENT 6 (Added: BYL 1042-2015)
The purpose of this zone is to allow the range of uses permitted in the I-1: Light Industrial zone which is
common to properties in the Tacan Industrial Park, along with the added principal use of Animal Kennel, on
that property which is civically addressed as 6143 Bronze Road and is legally described as Lot A, Section 21,
Township 6, Rupert District, Plan 40592 (PID 000-206-652).
(a) The following principal uses are permitted:
(1) Aggregates and Soils Sales
(2) Animal Kennel
(10) Fish Smoking, Pickling and Sales
(11) Funeral Home
(3) Asphalt, Cement and Concrete
Manufacturing
(12) Motor Vehicle Racetrack
(13) Recycling depot
(4) Assembly
(14) Storage (Indoor and/or Outdoor)
(5) Boat, Manufactured Home and Recreational
Vehicle Maintenance, Repair, Sales and
Storage
(15) Service Station
(16) Service Industry Establishment
(17) Transportation Depot
(6) Bulk Fuel Facility
(18) Wholesaling of Goods
(7) Car / Truck Wash
(19) Workshop
(8) Cold Storage Facility
(20) Wood Processing
(9) Construction Services
b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Caretaker Dwelling or Staff Accommodation
(3) Minor Home Occupation (see section 3.12)
(4) Office
c)
The following conditions of use apply:
(1) Caretaker Dwelling or Staff Accommodation is permitted per parcel, but not both.
(2) With respect to Animal Kennel use and in particular, the breeding of dogs:
(a) no more than three female dogs may be kept on a parcel for breeding purposes;
(b) the breeding dogs can only be of American Bully and/or French Bulldog breeds and must be
registered as such; and,
(c) there shall be a maximum of two litters of pups per year per parcel.
d)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 8.0 metres
(26.25 feet)
Minimum of 8.0 metres
(26.25 feet)
Rear Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 8.0 metres
(26.25 feet)
Minimum of 6.0 metres
(19.69 feet)
Exterior Side Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.09 feet)
Maximum Parcel Coverage
60%
Parcel Area and Dimensions
(g) Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
(h) Minimum Parcel Width
15.0 metres (49.2 feet)
(i) Minimum parcel Depth
31.0 metres (98.43 feet)
67
12.7 CD-7: COMPREHENSIVE DEVELOPMENT ZONE 7 (Added BYL 1055-2016)
The purpose of this zone is to allow the range of uses permitted in the C-2: Service Commercial zone which is
common to properties on Main Street, along with the added principal use of a Recycle Depot, on that property
which is civically addressed as 8740 Main Street and is legally described as Lot 16, Block 4, Section 36,
Township 9, Rupert District, Plan 2178 PID 005-993-695.
(a)
The following principal uses are permitted:
(1) Assembly
(11) Motor Vehicle Rentals, Repair and Sales
(2) Cannabis Retailer (see section 3.22)
(12) Parking Lot
(3) Car / Truck Wash
(13) Personal Service Establishment
(4) Cold Storage Facility
(14) Professional Service Establishment
(5) Combined Commercial and Residential Use
(15) Restaurant
(6) Construction Services
(16) Retail Sales
(7) Funeral Home
(17) Service Station
(8) Hotel
(18) Shopping Centre
(9) Licenced Premises
(19) Recycle Depot
(10) Mini-Storage
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(c)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Rear Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 1.5 metres
(4.92 feet)
Interior Side Yard or Rear Yard
Abutting a Residential Zone
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and
Accessory Buildings and Structures)
11.0 metres (36.08 feet)
Maximum Parcel Coverage
75%
Parcel Area and Dimensions
(j) Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
(k) Minimum Parcel Width
15.0 metres (49.2 feet)
(l) Minimum Parcel Depth
30.0 metres (98.43 feet)
BYL 1080-2018
Added: Cannabis Retailer
68
12.8 CD-8: COMPREHENSIVE DEVELOPMENT ZONE 8
The purpose of this zone is to allow the range of uses permitted in the C-3: Town
Centre Commercial zone which is common to properties on Market Street, along with the added principal use
of an Emergency Shelter, on the property which is civically addressed as 7305 Market Street and is legally
described as Parcel A (DD 223130I) of Lots 19 and 20, Block 4, Section 36, Township 9, Rupert District, Plan
2178 PID 006-455-743; Lot 19, Block 4, Section 36, Township 9, Rupert District, Plan 2178, Except Parcel A
(DD223130I) thereof PID 006-455-611; and Lot 20, Block 4, Section 36, Township 9, Rupert District, Plan
2178, Except Parcel A (DD 223130I) thereof PID 006-455-662.
(a)
The following principal uses are permitted:
(1) Assembly
(2) Family Resource Centre
(3) Professional Service Establishment
(4) Personal Service Establishment
(5) Emergency Shelter
(b)
The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(c)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Rear Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 1.0 metre
(3.28 feet)
Interior Side Yard
Minimum of 0.0 metres
(0.0 feet)
Minimum of 1.0 metre
(3.28 feet)
Interior Side Yard or Rear Yard Abutting a
Residential Zone
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Exterior Side Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres
(14.76 feet)
Size of Buildings and Structures
Maximum Height (Principal and Accessory
Buildings and Structures)
11.0 metres (36.08 feet)
Maximum Parcel Coverage
75%
Parcel Area and Dimensions
Minimum Parcel Area
450.0 square metres (4,843.76 square feet)
Minimum Parcel Width
15.0 metres (49.2 feet)
Minimum Parcel Depth
30.0
metres (98.43 feet)
AMENDED: BYL 1075-2018
March 2018
69
AMENDED: BYL 1078-2018
12.9
CD-9: COMPREHENSIVE DEVELOPMENT ZONE 9
The purpose of this zone is to provide a mixed-use Strata development to allow the range of uses permitted in
the RM-1: Multiple Unit Residential with the additional provision of Duplex Dwellings and all property will be
common property. The property located at 8700 Park drive is legally described as Lot 1, Section 1, Township
8, Rupert District, Plan 45379 PID 008-079-188.
(e)
The following principal uses are permitted:
(1) Duplex Dwelling
(2) Apartment Dwelling
(3) Attached Dwelling
(4) Community Care Facility
(f)
The following accessory uses are permitted:
(1) Minor Home Occupation (see section 3.12)
(2) One common Accessory Building (see section 3.9)
(g)
The following conditions of use apply:
(1) Outdoor amenity space equal to 15.0 square metres per Apartment Dwelling and Attached Dwelling
shall be provided on the same parcel.
(h)
The following siting, size and dimension requirements apply:
Setbacks
Yard Setback
Buildings
Accessory Use
Front Yard
Minimum of 7.6 metres
(24.93 feet)
Minimum of 7.6 metres (24.93 feet)
Rear Yard
Minimum of 7.6 metres
(24.93 feet)
Minimum of 1.5 metres (4.92 feet)
Interior Side
Yard
Minimum of 3.0 metres
(9.84 feet)
Minimum of 1.5 metres (4.92 feet)
Exterior Side
Yard
Minimum of 4.5 metres
(14.76 feet)
Minimum of 4.5 metres (14.76 feet)
Floor Area
Dwelling
Minimum Gross Floor Area
Studio
32.0 square metres (344.45 square feet)
One Bedroom
55.7 square metres (599.55 square feet)
Two Bedroom
74.3 square metres (799.78 square feet)
Three Bedroom
92.5 square metres (995.66 square feet)
Four Bedroom
111.5 square metres (1,200.18 square feet)
Size of Buildings and Structures
Maximum Height
(All Buildings)
11.0 metres (36.09 feet)
Maximum Parcel
coverage
50%
Parcel Area and Dimensions
Minimum Parcel Area
23,060 square metres (248,215.77 square feet)
70
12.10 CD-10: COMPREHENSIVE DEVELOPMENT 10
The purpose of this zone is to allow for a mixed-use residential development to allow a range of uses
permitted in the RM-1: Multiple Unit Residential with the additional provision of Duplex Dwellings and Single-
Family Dwellings with the inclusion of small-scale commercial opportunities on the property legally described
as Lot C, Plan 24438, Section 1, Township 8, Rupert District, PID 003-029-093. Civic Address 8905 Park Drive.
(a) 80% of usable property will be utilized for mixed use Multi-family as follows:
(1) Apartment Dwelling
(2) Attached Dwelling
(3) Single Family Dwelling
(4) Duplex Dwelling
(5) Community Care Facility
(b) 20% of usable property to the east along Rupert Street shall be designated for small scale commercial
opportunities including:
(1) Small scale food services (coffee shop, deli, sandwich bar, ice cream shop, etc....)
(2) Small scale retail stores
(3) Professional services
(4) Personal services
(5) Assembly
(c) The following conditions apply:
(1) Outdoor amenity space equal to 15.0 square meters be Apartment Dwelling and Attached
Dwelling shall be provided on the same parcel.
(d) The following conditions apply to the Commercial use:
(3) Combined Commercial Residential Use shall not be permitted.
(4) Commercial units shall not exceed 400 square metres (4,305.56 square feet)
(5) No goods or merchandise offered for sale or rent shall be stored or displayed within the front
yard setback.
(6) Commercial parking must be located on the property.
(7) No liquor or cannabis sales permitted.
(e) The following siting, size and dimension requirements apply:
Apartment Dwelling
Attached
Dwelling/Community
Care Facility
Single Family
Dwelling
Duplex
Dwelling
Commercial
Setbacks
Front Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of
7.6 metres
(24.93 feet)
Minimum of
6.0 metres
(19.69 feet)
Rear Yard
Minimum of 7.6
metres (24.93 feet)
Minimum of 7.6 metres
(24.93 feet)
Minimum of 7.6
metres (24.93 feet)
Minimum of
7.6 metres
(24.93 feet)
Minimum of
0.0 metres
(0.0 feet)
Interior Side
Yard
Minimum of 3.0
metres (9.84 feet)
Minimum of 3.0 metres
(9.84 feet)
Minimum of 3.0
metres
(9.84 feet)
Minimum of
3.0 metres
(9.84feet)
Minimum of
0.0 metres
(0.0 feet)
Interior Side
Yard or Rear
Yard Abutting a
Residential
Zone
-
-
-
-
Minimum of
3.0 metres
(9.84 feet)
Exterior Side
Yard
Minimum of 6.0
metres (19.69 feet)
Minimum of 6.0 metres
(19.69 feet)
Minimum of 6.0
metres (19.69 feet)
Minimum of
6.0 metres
(19.69 feet)
Minimum of
6.0 metres
(19.69 feet)
AMENDED: BYL 1088-2018
71
Apartment Dwelling
Attached
Dwelling/Community
Care Facility
Single Family
Dwelling
Duplex
Dwelling
Commercial
Size of Buildings and Structures
Maximum
Height
(Principal and
Accessory
Buildings and
Structures)
12.5 metres
(41.01 feet)
11.0 metres
(36.09 feet)
7.6 metres
(24.93 feet)
7.6 metres
(24.93 feet)
4.5 metres
(14.76 feet)
Maximum
Parcel
Coverage
50%
75%
Floor Area
Studio
-
32.0 square metres
(344.45 square feet)
One Bedroom
50.0 square metres
(538.19 square feet)
55.7 square metres
(599.55 square feet)
-
-
-
Two Bedroom
66.0 square metres
(710.42 square feet)
74.3 square metres
(799.78 square feet)
-
-
-
Three Bedroom
86 square metres
(925.70 square feet)
92.5 square metres
(995.66 square feet)
-
-
-
Four Bedroom
111.5 square metres
(1,200.18 square feet)
111.5 square metres
(1,200.18 square feet)
-
-
-
Minimum Gross
Floor Area
-
-
111.5 square metres
(1200.18 square
feet)
65 square
metres (699.65
square feet)
-
Parcel Area
(a) Minimum
Parcel Area
58,588.76 square metres, 5.8588 hectares
14,649.62
square
metres, 1.465
hectares
72
12.11 CD-11: COMPREHENSIVE DEVELOPMENT ZONE 11
The purpose of this zone is to allow an apartment dwelling use up to a maximum of five residential units on that
property that is civically addressed as 8750 Douglas Street and is legally described as Lot A, Plan VIP30813,
Section 36, Township 9, Rupert Land District (PID 001-220-519)
(a) The following principal uses are permitted:
(1) Apartment Dwelling up to a maximum of five residential units
(b) The following accessory uses are permitted:
(1) Accessory Buildings and Structures (see section 3.9)
(2) Bed and Breakfast (see section 3.13)
(3) Carriage Home Dwelling or Secondary Suite Dwelling (see sections 3.10 and 3.11)
(4) Group Home (see definition)
(5) Minor or Major Home Occupation (see section 3.12)
(6) Small Scale Urban Agriculture and Urban Hens (see section 3.23)
(7) Short Term Vacation Rental (see section 3.14)
(c) The following siting, size, and dimension requirements apply:
Setbacks
Yard Setback
Principal Use
Accessory Use
Front Yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
Rear Yard
7.6 m (24.9 ft)
1.5 m (4.9 ft) for Accessory Buildings &
Structures
7.6 m (24.9 ft) for all other Accessory
Uses
Interior Side Yard
1.5 m (4.9 ft)
1.5 m (4.9 ft)
Exterior Side Yard
4.5 m (14.8 ft)
4.5 m (14.8 ft)
Size of Buildings & Structures
Maximum Height
7.6m (24.9 ft.)
Maximum Parcel Coverage
60%
Minimum Parcel Area
650 m2 (6996.5 ft2)
Minimum Parcel Width
30 m (98.4 ft)
Minimum Parcel Depth
30 m (98.4 ft)
AMENDED: BYL 1166-2023
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13.1 The following schedules are attached to and form part of this Bylaw:
a) Schedule A: Zoning Map - West
b) Schedule B: Zoning Map - Central
c) Schedule C: Zoning Map - East
d) Schedule D: Zoning Map - Airport
14.1 District of Port Hardy Zoning Bylaw No. 10-2006 and all amendments thereto are hereby repealed.
District of Port Hardy Zoning Bylaw No. 1010-2013 was given first reading the 22nd day of April, 2014.
Notice of Public Hearing posted at the Municipal Hall and published in the North Island Gazette Newspaper on
May 1, 2014 and May 8, 2014 in accordance with Sections 890 and 892 of the Local Government Act.
Public Hearing conducted on the 12th day of May, 2014.
District of Port Hardy Zoning Bylaw No. 1010-2013 was given second and third readings the 26th day of May,
2014.
District of Port Hardy Zoning Bylaw No. 1010-2013 is hereby approved by the Minister responsible for the
Transportation Act:
District of Port
Hardy Zoning Bylaw No. 1010-2013 was adopted the 9th day of June, 2014.
Director of Corporate &
Deputy Mayor
Development Services
PART 15: READINGS, APPROVAL AND ADOPTION
PART 13: SCHEDULES
PART 14: REPEAL