Zoning Bylaw No. 705, 2021 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 65754a8a7642 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Town of Port McNeill ## ZONING BYLAW ## TABLE OF CONTENTS | | DIVISION DESCRIPTION | PAGE NUMBER | |---------|-----------------------------------------------|---------------| | Part 1 | Repeal | | | Part 2 | Title | 3 | | Part 3 | Administration | 3 | | Part 4 | Interpretation | 4 | | Part 5 | General Provisions | 14 | | Part 6 | Zones | 23 | | Part 7 | Rural Zones | | | 7.1 | Rural Residential: A-1 Zone | 24 | | Part 8 | Residential Zones | | | 8.1 | Residential One: R-1 Zone | 26 | | 8.2 | Residential Two: R-2 Zone | 27 | | 8.3 | Residential Three: R-3 Zone | 28 | | 8.4 | Residential Four: R-4 Zone | 29 | | 8.5 | Residential Multiple One: RM-1 Zone | 30 | | 8.6 | Residential Manufactured Home One: RMH-1 Zone | 31 | | 8.7 | Comprehensive Development One: CD1 Zone | 32 | | Part 9 | Commercial Zones | | | 9.1 | Commercial One: C-1 Zone | 34 | | 9.2 | Commercial Two: C-2 Zone | 36 | | 9.2 | Commercial Service One: CS-1 Zone | 38 | | 9.4 | Marine Pleasure Commercial: MPC | 39 | | Part 10 | Industrial zones | | | 10.1 | Industrial One: M-1 Zone | 40 | | 10.2 | Industrial Two: M-2 Zone | 42 | | 10.3 | Marine Industrial: MI Zone | 44 | | Part 11 | Public Use Zones | | | 11.1 | Public Use: P-1 Zone | 45 | | 11.2 | Marine Recreation Pleasure: MRP Zone | 45 | Zoning Map ......... ...Schedule "A" ## TOWN OF PORT MCNEILL ZONING BYLAW NO. 705, 2021 Part 1 - Repeal Bylaw No. 671, 2016 and all amendments thereto are hereby repealed. Read a first time the 26th day of October, 2021. Read a second time the 28th day of June, 2022. Read a third time the 09th day of August, 2022. Approved by Ministry of Transportation and Infrastructure on the 24th day of August 2022.  Ministry of Transportation and Infrastructure   Reconsidered, finally passed and adopted the 08th day of September, 2022. Mayor Administrator Certified to be a correct copy of Bylaw No. 705, 2021 as adopted. Administrator  ## TOWN OF PORT MCNEILL ZONING BYLAW NO. 705, 2021 Pursuant to the Local Government Act, the Council of the Town of Port McNeill in open meeting assembled enacts as follows: ## PART 2 - TITLE ## 1.1 - Title This bylaw may be cited for all purposes as the "Town of Port McNeill Zoning Bylaw No. 705, 2021" ## PART 3 - ADMINISTRATION ## 2.1 Prohibition - a) Subject to the provisions of the appropriate legislation respecting non-conforming uses, land shall not be used, buildings or structures constructed, altered, located, or used, contrary to this bylaw. - b) No land may be used for a use than what is listed in the corresponding zone as defined by this bylaw. Any use not listed in a specifical zone is considered prohibited within that zone. ## 22 Conflicting use or siting No parcel or area of land shall be alienated, and no use shall be initiated, and no building or structure shall be sited in a manner, which thereby renders non-conforming any existing use, building or structure on that parcel. ## 2.3 Subdivision - a) No land shall be subdivided to render it non-conforming to the provisions of this bylaw for the zone in which it is located - b) Subdivisions affecting land adjacent to a controlled access highway, as designated under section 48 of the Transportation Act, will require signature from the Designated Highways Official on the final subdivision plan. ## 2.4 Administration The Administrator or such other municipal officer as may be appointed by Council shall administer this bylaw. ## 2.5 Violation - b) used, in contravention of this bylaw or otherwise to contravene or fail to comply with this bylaw except as provided for in the appropriate legislation. - a) It shall be unlawful for any person to cause, suffer, or permit any building or structure to be constructed, reconstructed, altered, moved, extended or used, or land to be occupied or - c) It shall be unlawful for any person to prevent or obstruct any official appointed under section 2.4 of this bylaw from the carrying out of his duties under this bylaw. ## 2.6 Penalty - a) Any person who violates the provisions of this bylaw is liable on summary conviction to a penalty not exceeding five hundred dollars in addition to the cost of prosecution. - b) Each day during which such violation is continued shall be deemed to be a new and separate offense. ## 2.7 Severability If any part, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the bylaw. ## PART 4 - INTERPRETATION ## 4.1 Definitions In this bylaw, unless the context otherwise requires, all definitions specified in Section 4.2 are intended to supersede definitions for the same words or term in provincial statutes that would otherwise apply to the interpretation of this Bylaw, and to supersede their normal or common - 4.2 In this bylaw, defined uses are in bold type and the following definitions and interpretations shall apply: AGRICULTURAL USE means a use providing for the cultivation and growing crops, producing, harvesting and sale of agricultural products; includes the processing on an individual farm of primary agricultural products harvested, reared or produced on that farm. ## ACCESSORY BUILDINGS means: 1. A detached building, the use or intended use of which is ancillary to that of a principal building situated on the same lot and excludes use for residential purposes, or 2. A building which is ancillary to a principal use being made of the lot upon which such building is located, provided always that no building directly used in the practice of farming shall be construed to be an accessory building. ## ACCESSORY USE means: 1. A use which is ancillary to a principal building, or use of a principal building, situated on the same lot, or, 2. A use which is ancillary to a principal use being made of the lot upon which such accessory use is located. AMENITY OPEN SPACE means land free of buildings, structures, roads and parking areas and intended for the amenity or recreational use of the occupants of the buildings. AUTO BODY SHOP means a building or part thereof used for the painting or repairing of automobile, boats, and motorcycle bodies but does not include a wrecking or salvage yard. AUTO REPAIR SHOP means a building or part thereof where the services performed or executed on motor vehicles include the installation or repair of exhaust system, electrical system, transmissions, brakes, radiators, tires and wheels, rust proofing, diagnostic services, major and minor mechanical repairs, and in conjunction with an automotive repair garage there may be a motor vehicle service station, a towing service, and an automobile rental service for the convenience of the customers while their vehicles are being repaired. Towing compounds for vehicle storage, and salvage operations are not included in this definition. AUTOMOTIVE SALES/RENTAL means a lot or building, or combination thereof use for the sales and/or rental of vehicles including but not limited to boats, cars, motorcycles and trucks and accessory parts sales and services. BED AND BREAKFAST means an owner-occupied single-family dwelling containing a room or rooms without cooking facilities intended primarily for the temporary sleeping accommodation of the travelling public, with breakfast meals being prepared and served to guests. BOARDER means a person who is not a household member, but is a lodger, roomer, or person who pays for and takes regular lodging, with or without meals. BOARDING ROOM means a room within a dwelling unit in which the owner provides sleeping accommodation for remuneration. It may or may not include meal service. It does not include hotels, motels, temporary shelter services, boarding housing, or bed and breakfasts. BOARDING HOUSE means a building containing one or more rooms) within a dwelling unit in which the owner or manager resides and supplies sleeping unit (s) for use by persons other than individuals who permanently live in the dwelling unit. The room are provided for remuneration, and it may or may not include meal service. It does not include hotels, motels, shelters, bed and breakfast homes and boarding room. BUILDING means a structure located on the ground, which is designed, erected, or intended for the support, enclosure, or protection of persons or property. BUS TERMINAL means a facility for the parking and storage of passenger taxi or buses and may include the loading and unloading of passengers or parcels. CAMPGROUND means a site operated and occupied as temporary accommodation for holiday makers in tourist trailers, cabins or tents, but a campground is not a manufactured home park or motel or hotel. CANNABIS RETAIL means a store where cannabis is sold to the public, under license by the Province of British Columbia. CARRIAGE HOUSE means a residential unit located in a building separate from a single-family residence containing cooking, sleeping and bathroom facilities which is occupied by a tenant or tenants, which use as a rental unit is secondary to a single-family dwelling. CHURCH means a place of public worship. It includes but is not limited to churches, chapels, mosques, temples, and synagogues. Residential uses associated with churches shall include residences for religious order or individuals of a religious profession. It includes but is not limited to covenants, monasteries, manses, or rectories COMMUNITY HALL or CENTRE means a building or complex or part thereof used for recreational, social, educational and cultural activities or events, and open to the public this includes places of worship. COMMUNITY SEWER SYSTEM means a common sewer or the system of sewerage or sewage disposal within the meaning of the Health Act which is owned, operated and maintained by the Town of Port McNeill. COMMUNITY WATER SYSTEM means a system of waterworks within the meaning of the Health Act, which is owned, operated and maintained by the Town of Port McNeill. COTTAGE means a dwelling unit of not more than 70 m' (753.5 sq. ft.), ancillary to and separate from the principal dwelling, which may be used for residential purposes. DAY CARE 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 Community Care and Assisted Living Act or any subsequent Act or Acts which may be enacted in substitution therefor. DRIVE THRU means a business with or without indoor seating for sale of food or a service that is intended and designed to service the driving public. DWELLING UNIT means a room or room which form a self-contained unit for the domestic use of one or more persons living as a single household and with a private entrance which is not another dwelling unit. DWELLING, SINGLE-FAMILY means a building used for dwelling purposes and which has only one dwelling unit, this includes modular homes but excludes manufactured homes as listed under CSAZ240. DWELLING, TWO-FAMILY (duplex) means any building used for dwelling purposes and which has two dwelling units. DWELLING, TOWNHOUSE OR ROW HOUSE means a block of at least three side by side family dwelling units, where each family dwelling unit is separated from the other by a party (common) wall. DWELLING, LOW-RISE APARTMENT means any building divided into not less than three dwelling units each of which is occupied as a permanent home or residence of one family as distinct from a hotel, motel, auto court or similar transient accommodation. FAIRGROUNDS means areas and facilities for events, exhibitions, fairs, rodeos, and activities for active participation or public viewing. FLOOR AREA means the total area of all the floors, measured to the extreme outer limits of the buildings, but excludes areas intended for the maneuvering or parking of automobiles, cellars or basements not to be used for habitable purposes; and roof gardens, balconies, sundecks, porches, cantilevered canopies and patios appurtenant to the structure and not enclosed by walls. FLOOR AREA RATIO means the "floor area" divided by the total lot area.  FRONTAGE means the horizontal distance of a parcel of land which abuts road allowance; in the case of a corner lot or a lot with multiple sides abutting roads, the shortest side abutting a road shall be considered the frontage. GARDEN CENTRE means a business for the purpose to sell plants and materials for landscaping to the general public but does not include bulk sales of garden materials. GAS SERVICE STATION means premises primarily for the sale of fuel, lubricating oil and motor vehicle accessories directly to the users of motor vehicles and the servicing of motor vehicles excluding body works, painting and major repairs. GRADE FINISHED (as applying to the determination of building height) means the lowest grade of the finished ground adjoining each exterior wall of a building. GRADE, AVERAGE NATURAL 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 benchmark as prepared by a BCLS prior to site preparation as shown below. Figure 1: Grade and Height  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. HOME OCCUPATION means any occupation or profession carried on for consideration which is clearly incidental to the use of the dwelling unit for residential purposes. HOTEL means a building or buildings containing living units or sleeping units, or both, where payment for occupancy is usually on a daily or weekly basis to the operator of the premises but may include living units on a shared ownership basis, and which may also include ancillary services such as restaurants, meeting or conference room, recreational facilities. 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. LIQOUR RETAIL means a store where alcoholic and liquor is sold to the public, under license by the Province of British Columbia. LOT see "Parcel" LOT LINE means the legal boundary of a lot that divides one lot from another lot, or from a road right-of-way, and is further defined as follows: - a) "FRONT LOT LINE" means the line dividing the lot from the road. In the case of a lot with more than one road frontage, the shorter lot line abutting a road shall be deemed the front lot line, and the longer lot line abutting a road shall be deemed to be a lot line adjacent to road, except were abutting a controlled access highway or where access restrictions apply, in which case the lot line where access is provided shall be deemed the front lot line. - b) "REAR LOT LINE" means, in the case of a lot having four or more lot lines, the lot line furthest from and opposite to the front lot line. Minor deflections are deemed to be part of the same lot line. - c) "SIDE LOT LINE" means a lot line other than a front or rear lot line. ## TYPICAL RECTANGULAR LOT  LIBRARY means a public facility where books and related materials are kept for viewing or short-term borrowing. LUMBERYARD means a retail business for the purpose to sell building materials to both contractors and the general public but does not include bulk sales. MARINA means a site including the surface of water which provides for the rental of mooring space and floats for boats, the sale, rental and repair of boats and engines; the sale, rental of marine fuel and marine supplies and fishing equipment and may include docks, wharves and floats for the use of commercial mooring facilities, boat rentals and the temporary residence on a boat moored at the facility. MANUFACTURING OR PROCESSING, HEAVY means those operations which are a necessary part of, and clearly related to, the production of the articles or goods specified such as sawmills and planing mills, production of asphalt, concrete products, and ready-mix concrete, and aggregated processing and other similar uses. MANUFACTURING OR PROCESSING, LIGHT means those operations which are a necessary part of, and clearly related to, the production of the articles or goods specified but excludes sawmills and planing mills, production of asphalt, concrete products, and ready-mix concrete, and rock, sand, and gravel. For the purposes of this Bylaw the term "manufacturing" may also include the sales and repairing of the items specified. MANUFACTURED HOME means a structure, whether or not ordinarily equipped with wheels, that is: - a) designed, constructed or manufactured to be moved from one place to another by being towed or carried - b) used or intended to be used as a living accommodation; and - c) that conform with the CAN/CSA Z240 MH Series at the time of manufacture MANUFACTURED HOME PARK means the parcel or parcels, as applicable, on which one or more manufactured home sites that the same landlord rents or intends to rent and common areas are located. MANUFACTURED HOME SITE means a site in a manufactured home park, which is rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home. MODULAR HOME (prefabricated) means finished section(s) of a complete dwelling built in a factory for transport to the site for installation. Finished means fully enclosed on the exterior and interior but need not include interior painting, taping, installation of cabinets, floor covering, fixtures, heating system, and exterior finishes. Modular homes conform to the National Building Code of Canada or British Columbia Building Code where mandated and may contain a CSA Modular home label. MOTEL means a building or a group of buildings providing separate sleeping or dwelling units intended to be occupied primarily by the travelling public. MUSEUM means an institution or establishment devoted to the procurement, care, and display of objects of lasting or historical interest or value and includes a Marine Museum. NATURAL BOUNDARY means the visible high-water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed of the lake, river, stream, or other body of water, a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself. NON-CONFORMING BUILDING OR USE means any building or use which does not conform with all the regulations of this bylaw, or any amendments thereto. NURSERY and GREENHOUSES means the use of lands principally involved in agriculture and horticulture, and accessory product sales and garden supply sales, but specifically excludes the sale of agricultural or horticultural machinery. OFFICE means that area within a building or structure or part thereof wherein business is transacted, or a service is provided, including the office of a bank, private business or corporation, or the office of a local, provincial, or federal government agency. OUTDOOR RECREATION FACILITIES means activities and facilities for driving ranges, mini golf, facilities for canoeing, hiking skiing and similar outdoor activities excluding campgrounds and recreational complexes. PARCEL means a parcel of land registered in the Land Titles Office. PARKING means an open or covered area of land used for the parking of vehicles of residents, clients, customers, or employees, but does not include streets or driveways. PERSONAL SERVICE ESTABLISHMENT means a business establishment wherein personal services are performed, including a barber shop, hair or beauty salon, shoe repairs, tailor shop, photographic studio or other similar uses that provide services to persons and households, but specifically excludes massage parlors or escort services. PRINCIPAL BUILDING means a building containing a principal use permitted in the zone in which it is located. PRINCIPAL USE means the primary purpose for which land, buildings or structures are ordinarily 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. PUB means an establishment where liquor is sold to the public for consumption on the premises and includes craft. breweries, under licence by the Province of British Columbia. RECREATIONAL VEHICLE means a vehicle requiring a licence and designed to be used for temporary living and travel, recreation or vacationing and includes such vehicles commonly known as travel trailers, camper trailers, truck camper, motor homes, boats, snowmobiles or other similar vehicles but does not include a manufactured home. RESTAURANT means a business establishment where food and beverages are prepared, served and consumed on the premises, but excludes drive-thru restaurants. A restaurant includes dining establishments issued a food primary license pursuant to the Liquor Control and Licensing Act. RETAIL CONVENIENCE STORE means a building containing miscellaneous household and person item and groceries available for retail sale to the public but does not include the sale or rental of appliances, furniture, or movie rentals. RETAIL STORE means a business establishment involved in the selling of goods and merchandise directly to the consumer for personal or household use and providing services incidental to the sale of such goods and merchandise but excludes lumberyards, contractor and building supply sales. SCHOOL means buildings or structures or parts thereof which are designed, constructed or used for educational purposes, and includes private and public elementary, secondary and post-secondary educational facilities, as well as related ancillary facilities including areas and facilities for recreational use, auditoriums, and dormitories for the temporary residential occupation of students. SCREENING means a continuous fence, wall, compact coniferous hedge or combination thereof, that would effectively screen the property which it encloses, and is broken only by access driveways and walks. SETBACK OR LINE OF SETBACK means the required minimum horizontal distance measured between a building or use and each of the respective lot lines. In the case of a building, the measurement is taken from the outer face of the foundation. ## SHORT-TERM see "Temporary" SITE means a tract of land occupied or to be occupied by a principal building and its accessory buildings together with such open spaces and yards as are required in this bylaw, but a site need not coincide with a parcel. SLEEPING UNIT means a room or room used as a temporary sleeping quarter for travelers. STORAGE, COMMERCIAL means a self-contained building or group of buildings containing lockers available for rent for the storage of personal goods or a facility used exclusively to store bulk goods of a non-hazardous nature. STORAGE CONTAINERS means a prefabricated unit not requiring any construction or assembly placed on a property for the purpose of storage and includes shipping containers and may act as an accessory building STORAGE, OUTDOOR means the outside storage of equipment, goods, and materials. Typical uses include but are not limited to pipe yards or heavy equipment storage compounds as well as outdoor storage for building materials, vehicles or boats. STRUCTURE means a construction of any kind whether fixed to, supported by or sunk into land, and includes, for example, sheds, fences, platform, display signs, tanks, poles, towers or pools. SUITE, 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. SUITE, SECONDARY means a residential unit within a single-family residence containing cooking, sleeping and bathroom facilities which is occupied by a tenant or tenants, which use as a rental unit is secondary to a single-family dwelling. TEMPORARY means not greater than 30 days. TINY HOME means a single dwelling unit intended for permanent residency that includes the basic amenities of a permanent home including a kitchen, washroom and sleeping area, is less than 47 m? and can be mobile (on wheels), or with a temporary or permanent foundation. URBAN AGRICULTURE means the growing of fruits and vegetables, flowers, native and ornamental plants, edible berries and food perennials for beautification, education, recreation, community use, personal consumption, sales of produce grown on the lot or the donation of vegetables, fruits, edible flowers and berries only. VETERINARY CLINIC - means any building, structure, or premises in which animals are treated for medical reasons, hospitalized or groomed WATERCOURSE means any natural or man-made depression with well-defined banks and a bed 0.61 m or more below the surrounding land serving to give direction to a current of water at least six months of the year or having a drainage area of 1.61 km? or more as required by a designated official of the Ministry of Environment of the Province of British Columbia. WAREHOUSING means an establishment, including buildings and structures, used for the storage and distribution of goods, wares, merchandise, materials, and commodities and may include ancillary office space but excludes retail sales unless otherwise specified herein. WHOLESALE means a business establishment devoted to wholesale sales, being the sale of goods, commodities, and merchandise to retail distributors; to other wholesale distributors; to industrial, commercial, institutional, or professional business users; or acting as agents or brokers and buying or selling goods, commodities and merchandise for incorporation and assembly into other products. WORKS YARD means a yard, buildings or part thereof, including office area and structures for any public works, building trade or contractor, where equipment, materials, tools and machinery are stored, and includes a shop or related assembly work, but specifically excludes the storage or repair of any industrial equipment, machinery or motor vehicles, excluding recreational vehicles, with a rated gross vehicle weight of more than 10,000 kilograms (22,045 pounds). WRECKING YARD means the use of land, buildings or structures where boats, motor vehicles, recreational vehicles, 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. YARD means an area created by setbacks from one or more lot lines in front, behind or on the sides of the buildings or structures on the site. Yards shall be free of any buildings unless otherwise permitted in this bylaw. YARD, FRONT means that part of the site situated between the front lot line, extending from one side lot line to the other, and the horizontal measurement of the required setback of the zone into the site. In case of a through lot there shall be two such front yards. YARD, REAR means that part of the site situated between the rear lot line, extending from one side lot line to the other, and the horizontal measurement of the required setback of the zone into the site. YARD, SIDE means that part of the site extending from the front lot line to the rear lot line and situated between the side lot line and the horizontal measurement of the required setback of the zone into the site. ## Figure: Yard Setbacks  ## TYPICAL RECTANGULAR LOT  ## PART 5 - GENERAL PROVISIONS ## 5.1 USES PERMITTED - GENERAL - 5.2.1 No person shall use or occupy any buildings, structures or land, including land covered by water, except as expressly permitted by this bylaw, and everything that is not expressly permitted is prohibited. - 5.2.2 A permitted use may only be carried on if all provisions of this bylaw are complied with. - 5.2.3 The following uses are permitted throughout all zones: - a) accessory uses and buildings in accordance with the regulations in this bylaw. - b) public parks, greenways, trails and playgrounds; - c) day cares and places of worship; and, - d) urban agriculture in accordance with the regulations in this bylaw. ## 5.2 PUBLIC UTILITIES Unattended utility structures including electrical transformer stations, substations, telephone exchanges, water pumping stations, sewage lift. Pumps, reservoirs, and any other public utility structures, may be located in any zone provided that: - a) the structure or use is necessary for the safe and efficient operations of the utility. - b) the utility which the structure serves are available to or for service to the public. - c) height and yard restrictions are in accordance with those provided for the zone in which the use is to be located - d) notwithstanding subsection c, a 7.6 m wide buffer area shall be provided materials shall be screened by a landscape screen, solid 5. on all sides of the parcel as prescribed in section 5.4 of this bylaw the outdoor storage of fence or opaque wall, any of which shall be at least equal in height to the material stored. - f) all driveways and temporary parking areas shall be treated with a dust-free surface. - g) the parking of motor vehicles other than to temporarily service or maintain the utlity structure shall be prohibited. - h) where there may be a danger to any member of the public, fencing at least 1.8 m in height shall be erected. ## 5.3 HOME OCCUPATIONS - 5.3.1 A home occupation may be carried on in any zone subject to the following provisions: - a) it shall be carried on only by the person or persons who reside on the parcel, and no more than one person that is not a resident thereon shall be employed in it. - c) it shall produce no public offence or nuisance whether by noise, vibration, smoke, odor, dust, heat, glare, electrical disturbance, or by any other means. - b) it shall be carried on wholly within a building. - d) the total display area of non-illuminated outdoor advertising media shall not exceed 0.19 m?, otherwise there shall be no external indication of the existence of the occupation whether by displays, floodlighting, or any other means. - kept or stored out of doors. The maximum floor area permitted of a home occupation within a building is 30% to a maximum of 83 m?. - d) no material or objects produced, repaired, treated, sold or used in the occupation shall be ## 5.4 BUFFER AREAS AND LANDSCAPE REQUIREMENTS - 5.4.1 Within any required landscape buffer area of a zone: - a) no building or structure may be erected or placed - b) no garbage disposal area and no part of any private sewage disposal system shall be located - c) no vehicle parking area shall be located - d) no storage shall be permitted. - e) the only roads permitted are those which cross it as close to right angles as practicable and connect directly with the road system. - 5.4.2 Any Commercial lot that abuts an A-2, R-1, R-2, R-3, R-4 or RM-1 zone shall provide a screening hedge within the required yard setback adjacent to the property line. - Where the boundary of any commercial zoned parcel abuts an A-2, R-1, R-2, R-3, R-4 or RM-1 zone, then there shall be a landscaped buffer area a minimum of 3.0 m in depth. - 5.4.4 Buffer areas shall be planted and established with suitable vegetation. Plans must be provided to the Town of Port McNeill of such landscaping before commencement. - 5.4.5 All outdoor storage and refuse bins located on a Commercial and Industrial zoned property shall: - a) be enclosed by screening, such screening to consist of a solid 2.4 m high fence or opaque wall, or an evergreen hedge. - b) not have material or goods piled higher than the screening. - c) have a fence or wall which shall: - be uniformly painted and well maintained. - not be used for advertising or display purposes, or for the posting of notices. d) be screen using with coniferous hedge shall be maintained and kept in good condition at ## 5.5 CLEARANCE ON CORNERS At any road junction on a corner lot, no person shall place or permit to be placed any permanent or temporary structure and/or fence or grow any vegetation exceeding 1.0 m in height within the triangular area as shown below.  ## 5.6 FLOOD CONTROL - 5.6.1 Notwithstanding any other provisions of this bylaw, no building or part thereof shall be constructed, moved, or extended, nor shall any manufactured home unit or modular home or any other structure be located: - a) with the underside of the floor system of any area used for habitation, business, or storage of goods damageable by floodwater, or in the case of a manufactured home or unit the ground level on which it is located, lower than 1.52 m above the natural boundary of any nearby watercourse. - b) within 15.24 m of the natural boundary of any nearby watercourse. If landfill is used to achieve the required elevation, no portion of the landfill slope shall be closer than the above distance from the natural boundary, and the face of the landfill slope must be adequately protected against erosion from floodwaters. - c) comply with Provincial Guidelines with respect to sea level rise. - 5.6.2 Notwithstanding section 5.6.1, with the approval of the Province, these requirements may be reduced ## 5.7 OCCUPANCY DURING CONSTRUCTION - 5.7.1 A recreational vehicle may be used for occupation during the construction of a permanent dwelling on a lot provided that the occupancy shall not occur prior to the issuance of uilding permit for the permanent residence, where applicable, and shall not continue beyon the commencement of the occupancy of the permanent residence or 12 months whichever, comes first. - 5.7.2 In all zones, a temporary building, trailer, or accessory buildings may be used for the purposes of a construction site office, for security purposes, and for the storage of tools, equipment and materials for construction of infrastructure in a developing subdivision or for construction of a principal building(s) on a lot, provided that: - a) the building or trailer shall be located so as not to cause a public hazard or nuisance and - b) the building or trailer shall be located on the lot where construction is being undertaken and only for so long as is necessary for the work in progress and until the work is completed or abandoned and - C) a building permit has been issued for the principal building, where applicable, and, at the expiration of such permit or issue of final inspection for that permit, the building or trailer shall be removed or - d) a preliminary layout approval (PLA) has been issued for subdivision and, at the acceptance of the works for the subdivision, the building or trailer shall be removed. ## 5.8 SHIPPING CONTAINERS AND TEMPORARY BUILDINGS - 5.8.1 A maximum of one fabric covered structure is permitted on a property and must be maintained in good condition. - 5.8.3 The use of land for the placement of shipping containers shall be prohibited in all zones, with the following exemptions: - 5.8.2 Fabric covered structures are not permitted in the front yard and not permitted to be placed within the required setbacks of a property. - a) Containers shall be permitted as an accessory use for a temporary period in commercial and residential zone properties, subject to the following requirements: - b) are permitted within industrial zoned properties - 5.8.4 Notwithstanding 5.8.3 a), the container shall only be used to store materials or products that use in for mial to the operation of a business or facility located on the parcel and shall not be | Length of Temporary Use | Max. Allowable Size of Container | No. of Containers Permitted on Property | |---------------------------------|------------------------------------|-------------------------------------------| | 120 days within a calendar year | 20 m2 | No more than 1 | - Notwithstanding 5.8.3 a), no container may be located within the front yard or setback areas, as specified within the applicable zone, and within 3m from any lot line adjoining a property zoned for residential use. - 5.8.6 A container may be used for the temporary storage of tools and materials during the construction or maintenance of any utility, building or structure for which a required building permit has been obtained and remains active, provided the container is removed within 14 days upon completion of the construction. ## 5.9 BED AND BREAKFAST OPERATIONS - 5.9.1 Bed and Breakfast operations may be carried out in R-1, R-2, R-3, R-4 and CD-1 Zones provided that: - a) the provisions of Home Occupations Section 5.3.1 are adhered to. - c) the requirements for off-street parking Section 5.15 are adhered to. - b) A maximum of 3 rooms are permitted to be used for the lodging of the travelling public - d) the British Columbia Building Code, Fire Code and any other requirements of the Statutes of British Columbia are adhered to. ## 5.10 ACCESSORY BUILDINGS - 5.10.1 Accessory Buildings shall satisfy all the following provisions: - a) shall not be closer to the front property line than the exposing building face of the principal building. - b) shall not be closer than 3.0m to the side property line on a corner lot. - d) shall not be closer than: - c) shall not be constructed upon statutory rights-of-way or easements. - i. 3.0 m from the principal building except carports sharing a common wall with the principal building. - ii. 1.5 m from any rear lot line which abuts a lane if the accessory building is to be constructed exiting directly onto this lane. - ili. 1.0 m from any other rear lot line. - iv. 1.0 m from any side lot line. - e) shall not exceed 4m in height. - f) shall not exceed in floor area eight percent (8%) of the area of the lot to a maximum of 55 m'. - g) Notwithstanding subsection (d) accessory buildings which meet all of the following requirements shall be permitted inside and rear yards (but not side yards on a corner lot) with no setback required from property line and: - i. shall not exceed 13.0 m? in floor area. - shall not exceed 3.0m in height. - ili. shall not be closer than 1.5m to a principal dwelling or an accessory building. - 5.10.3 Where accessory buildings are attached to the principal building, they shall be considered part of the principal building and shall conform to the required yard setbacks of this bylaw. ## 5.11 YARD EXCEPTIONS - 5.11.1 The following projections into the required yards are permitted: - a) Eaves and gutters, cornices, sills, bay windows, cantilevers, chimneys, or other similar features, to a maximum of 0.6m into the setback requirement, - b) Eaves, sunshades, decks, balconies and open porches, to a maximum of 1.5 m in the front or rear yard setback and 0.8m in a side yard. - c) Unenclosed steps and mobile home hitches - d) Notwithstanding the above, all projections have to comply with the minimum distance to the parcel line and separation from adjacent structures, as required by the BC Building ## 5.12 STORAGE IN RESIDENTIAL ZONES - 5.12.1 No parcel in any Residential Zone shall be used as a wrecking yard, storage yard or for the storage of derelict vehicles or more than two unlicensed motor or recreational vehicles or boats. ## 5.13 SECONDARY AND CARETAKERS' SUITES - 5.13.1 Where permitted by the applicable zone, only one secondary or caretaker suite is permitted per parcel. - 5.13.2 The following restrictions apply to secondary suites: - a) a total floor area of not more than 90 m? in area. - c) not more than two bedrooms. - b) a floor area less than 40% of the habitable floor space of the principal building. - d) located within a building of residential occupancy containing only one other dwelling unit; - e) located in and part of a building which is a single real estate entity and otherwise a singlefamily dwelling or commercial building in case of caretakers dwelling. ## 5.14 PARKING PROVISIONS - 5.14.1 An off-street parking area shall have the following dimensions: - 5.14.2 Where more than two parking spaces are required on a parcel, except for townhouses having a dedicated parking area for each dwelling unit, any parking area or maneuvering aisle shall be separated from any building containing a dwelling unit by a buffer area not less than 7.6 m wide. Such a buffer area is not required where an opaque wall or fence not less than 1.8 m high above the vehicle surface surrounds the parking area, except for necessary exits and access roads. - 5.14.3 An off-street parking area shall have each parking space and all internal access and egress driveways surfaced with asphalt, concrete or equivalent hard surface dust free material such as brick or pavers, as approved by the Town. - 5.14.4 Off-street parking spaces for each building shall be provided in accordance with the following table: | Angle of Parking | Stall Width | Stall Depth | Aisle Width | Aisle Width | |--------------------|---------------|---------------|---------------|---------------| | | | | One way | Two way | | Parallel | 2.5 m | 6.7 m | 3.7 m | 5.5 m | | 30° | 3.0 m | 6.1 m | 3.7 m | 4.6 m | | 45° | 3.0 m | 6.1 m | 4.6 m | 5.5 m | | 60° | 3.0 m | 6.1 m | 5.5 m | 6.4 m | | 90° | 3.0 m | 6.1 m | 6.7 m | 7.3 m | | Use | Requirement | |------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------| | Single-family or Two-family dwelling | 2 spaces per dwelling unit | | Single-family dwelling with a cottage or a secondary suite | 3 parking spaces | | Dwelling unit above commercial facilities | 1 space per dwelling unit | | Townhouse or rowhouse | 1.75 spaces per dwelling unit | | Apartment dwelling | 1.5 spaces per dwelling unit | | Boarding house | 2 spaces plus 1 space per each bedroom after the three | | Bed & breakfast | 2 spaces for primary residents plus 1 space per bedroom used in Bed and Breakfast | | Motel and hotel | 1 space per room and 1 space per two employees | | Store, office, and restaurant | 1 space per 46.5 m' of gross floor area or fraction thereof and 1 space per employee | | Medical clinic and dental office | 1 space per 21.87 m2 of gross floor area or fraction thereof | | Industrial | 3 spaces and 1 space per employee | | School | 1 space per teaching area and 1 space per non-teaching employee and, in the case of a senior secondary school 1 space per 8 students | | Church | 1 space per 10 seats | | Theatre | 1 space per 4 seats and 1 space per | - | | employee | |-----------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------| | Assembly hall, auditorium, fraternal building, lodge, community hall, dance hall, public library, and funeral parlour | 1 space per 10 seats or 1 space per 9.3 m? of floor area used for assembly or dancing, | | Hospital, nursing home, rest home | | | Retail convenience store | when combined with another separate and different business, an additional 1 parkinc space per 46.5 m' of Convenience Store area | ## 5.14.5 Off-Street loading spaces shall: - b) have convenient vehicular access to a public thoroughfare. - a) be 18.6 m2(200 sq. ft.) or greater in area. ## 5.14.6 One off-street loading space shall be provided for: - b) every 1,858 m (20,000 sq. ft.), or fraction thereof, of yard involved in the receipt or delivery of goods or materials by vehicles. - a) every 1,858 m' (20,000 sq. ft.) of floor space, or fraction thereof, for structures involved in the receipt or delivery of goods or materials by vehicles. 3. 5.14.7 Off-street parking areas shall not be considered as off-street loading space. ## 5.14.8 Driveways shall: - a) be limited to one per lot 2. be graded and drained to dispose of all surface water on site. Drainage across the surface of sidewalks, adjacent properties and abutting roads or lanes is not permitted. - c) be surfaced with asphalt, concrete or equivalent hard surface dust free material such as brick or pavers, as approved by the Town. - d) not cross the surface of sidewalks, curbs or gutters. - e) shall be designed and constructed in accordance with all other requirements set out in the Town of Port McNeill bylaws, as amended from time to time. ## 5.14.9 Parking lots in commercial or industrial zones shall: - a) be graded and drained to dispose of all surface water on site. Drainage across the surface of sidewalks, adjacent properties and abutting roads or lanes is not permitted. - c) shall be designed and constructed in accordance with all other requirements set out in the Town of Port McNeill bylaws, as amended from time to time - b) Be surfaced with asphalt, concrete or equivalent hard surface dust free material such as brick or pavers, as approved by the Town. - d) be finished so that the individual parking spaces, maneuvering aisles, entrances and exits are clearly marked by curbs, fences, painted lines and/or signs. Such markings shall be maintained to remain legible. - e) be adequately lit and arranged so that lighting is reflected upon the parking area and not on any adjoining properties. ## 5.15 URBAN BEEKEEPING AND APRIARIES - 5.15.1 Beehives used for the purpose of apiculture are permitted and may not be placed within 7.5m of any adjacent property line except when the adjacent property is within the ALR, or when there are no residential, commercial, industrial or institutional buildings located within 7.5m of the location where the hives are placed. - 5.15.2 Beekeepers must comply with the Bee Regulation and other applicable standards adopted by the Province of British Columbia. - 5.15.3 Beekeepers or persons on whose property bees are kept have the duty to take reasonable measures to ensure that: - a. The urban beekeeping operations does not pose a safety risk to persons on adjacent public or private property. - b. The potential for damage to buildings and/or property located on adjacent public or private property as a result of the urban beekeeping operation is minimized. - c. A water supply is provided on the property to prevent bees from seeking water from other sources, such as neighbourhood birdbaths, pool decks, ponds or other water sources. - 5.15.4 Urban beekeeping is permitted on residential, agricultural, comprehensive development, institutional, commercial, or industrial properties. - 5.15.5 Beehives shall not be located on the same property as schools or hospitals, except if the beehives are associated with a maintained community garden or educational use. - 5.15.6 The number of beehives permitted on a property shall be: - a. Up to 2 beehives on property less than or equal to 0.1 ha, and - b. Up to 4 beehives on property greater than 0.1 ha. - 5.15.7. All beehives shall be situated in the rear yard of a property. - 5.15.8. Beehives shall be sited behind an electric fence. ## PART 6 - ZONES For the purposes of this bylaw, the area incorporated into the Town of Port McNeill shall be classified and divided into the zones, as illustrated in Schedule "A" which forms part of this bylaw. The table below provides a summary of the designations with their short form equivalents as follows: | 7.0 Rural Zones | 7.0 Rural Zones | 7.0 Rural Zones | |----------------------------------------|-----------------------------------------------------------------------|-------------------| | 7.1 Rural Residential | Rural and agricultural | TA-1 | | 8.0 Residential Zones | | | | 8.1 Residential One | Low density residential | R-1 | | 8.2 Residential Two | Compact low density permanent (R-2) and manufactured home residential | R-2 | | 8.3 Residential Three | Manufactured home residential | R-3 | | 8.4 Residential Four | Compact low density residential | R-4 | | 8.5 Residential Multiple One | Apartment, townhouse medium RM-1 density | | | 8.6 Residential Manufactured Home One | Manufactured home park | MHP | | 8.7 Comprehensive Development Zone One | Comprehensive Development | CD-1 | | 9.0 Commercial Zones | | | | 9.1 Commercial One | Core commercial | C-1 | | 9.2 Commercial Two | Service Commercial | C-2 | | 9.3 Commercial Service One | Highway commercial | CS-1 | | 9.4 Marine Pleasure Commercial | Marine Pleasure Commercial | MPC | | 10.0 Industrial Zones | | | | 10.1 Industrial One | Light industrial area | M-1 | | 10.2 Industrial Two | Heavy industrial area | M-2 | | 10.3 Marine Industrial | Marine Industrial | MI | | 11.0 Public Zones | | | | 11.1 Public Use | Park and public use area | P-1 | | 11.2 Marine Recreation Pleasure | Marine recreation pleasure | MRP | ## PART 7.0 RURAL ZONES ## 7.1 RURAL RESIDENTIAL: A-1 ZONE ## Purpose: Rural Residential: A-1 Zone designates land that because of relative distance to community facilities and services is best suited for non-urban types of land use. ## 7.1.1 Permitted Uses: Land, buildings and structures shall be used for the following purposes only: ## Principle Uses: - [a) Agriculture - b) Campgrounds - ) Community hall or centre - e) Fairgrounds - ) Dwelling, Single Family - f) Manufactured home - 1) Nursor and Caten tacies - g) Museum - j) School - k) The extraction of raw materials from the land, provided that no further processing is permitted on the site ## Accessory uses: - g) Buildings and structures accessory to the principal use ## 7.1.2 Lot Area: Minimum Lot Area ## 7.1.3 Minimum Yard Dimensions: The minimum depth of yard for buildings shall be as follows: | a) front yard | 7.6 m | |-----------------|---------| | b) rear yard | 7.6 m | | c) side yard | 3.05 m | ## 7.1.4 Height: | [Maximum Height | 8.0 m | |-------------------|---------| 1 2.4 ha ## 7.1.5 Conditions of Use: - a) On parcels not served by a community water system and on parcels adjacent to parcels not served by a community water system, the keeping and raising of animals is permitted provided that: - ii. the Medical Health Officer is satisfied that not well would suffer contamination from either: - i. no drinking or feeding trough, manure pile or enclosure or structure for housing animals or for the storage of feed, bedding or similar materials shall be less than 22.9 m from any property line, or - the keeping and raising of animals in such locations. 5. the disposal of sewage and the operation of septic tanks. - c) The maximum height of buildings used for the keeping and raising of animals shall be no more than 8 m. - b) Only one dwelling unit or one manufactured home shall be permitted per parcel ## PART 8.0 RESIDENTIAL ZONES ## 8.1 RESIDENTIAL ONE: R-1 ZONE ## Purpose: The Residential One: R-1 Zone provides for single-family and two-family dwellings, and accessory compatible uses. ## 8.1.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: - a) Dwelling, Single-Family - b) Dwelling, Two-Family ## Accessory uses: - c) Bed and Breakfast - d) Suite, Secondary ## 8.1.2 Lot Coverage: Buildings and structures shall not cover more than 35% of the site area. ## 8.1.3 Lot Frontage: The minimum frontage per lot shall be 18.3 m, except on curves or cul-de-sacs in which case the minimum average width shall be 11.0 m ## 8.1.4 Lot Area: | Minimum Lot Area | Dwelling, Single family | | 659.3 m? | |--------------------|---------------------------|-------------------------| | | Dwelling, Two-family | 464.5 m? /dwelling unit | ## 8.1.5 Minimum Yard Dimensions: | Location | Setback | |------------------------------------|-----------| | Front Yard | 7.6 m | | Side Yard | 1.5 m | | Side yard adjacent to a highway/Rd | 3.0 m | | Rear Yard | 7.6 m | ## 8.1.6 Height: | [Maximum Height | 8.0 m | |-------------------|---------| ## 8.2 RESIDENTIAL TWO: R-2 ZONE The Residential Two: R-2 Zone provides for compact low density residential uses, including a single-family dwelling unit or manufactured home and two-family dwelling unit. ## 8.2.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: - a) Dwelling, Single-Family - c) Manufactured home - b) Dwelling, Two-Family ## Accessory uses: - b) Suite, Secondary - a) Bed and Breakfast ## 8.2.2 Lot Coverage: Buildings and structures shall not cover more than 35% of the site area ## 8.2.3 Lot Frontage: The minimum frontage per lot shall be 15.24 m except on curves or cul-de-sacs in which case the minimum average width shall be 11.0 m ## 8.2.4 Lot Area: | Minimum Lot Area | Dwelling, Single family | 464.5 m2 | |--------------------|---------------------------|-------------------------| | | Dwelling, Two-family | 384.4 m' /dwelling unit | ## 8.2.5 Minimum Yard Dimensions: | Location | Setback | |------------------------------------|-----------| | Front Yard | 6.0 m | | Side Yard | 1.5 m | | Side yard adjacent to a highway/Rd | 3.0 m | | Rear Yard | 3.0 m | ## 8.2.6 Height: | Maximum Height | 8.0 m | |------------------|---------| ## 8.2.7 Conditions of Use: - b) Only those manufactured homes that are certified as meeting the Canadian Standards Association specification CAN/CSA Z240 MH shall be permitted. ## 8.3 NRESIDENTIAL THREE: R-3 ZONE ## Purpose: The Residential Three: R3 Zone provides for manufactured home residential. ## 8.3.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: Principal Uses: - [x] a) Dwelling, Single-Family - [ ] b) Manufacture Home Accessory uses: - [ ] a) Bed and Breakfast ## 8.3.2 Lot Coverage: Buildings and structures shall not cover more than 35% of the site area. ## 8.3.3 Lot Frontage: he minimum frontage per lot shall be 12.19 m except on curves or cul-de-sacs in which cas he minimum frontage shall be 11.0 n ## 8.3.4 Lot Area: Minimum Lot Area ## 8.3.5 Minimum Yard Dimensions: | Location | Setback | |------------------------------------|-----------| | Front Yard | 4.6 m | | Side Yard | 1.5 m | | Side yard adjacent to a highway/Rd | 4.6 m | | Rear Yard | 1.5 m | ## 8.3.6 Height: Maximum Height ## 8.3.7 Conditions of Use: a) Only those manufactured homes that are certified as meeting the Canadian Standards Association specification CAN/CSA Z240 MH shall be permitted. 371.6 m2 5.3 m ## 8.4 RESIDENTIAL FOUR: R-4 ZONE ## Purpose: The Residential Four: R-4 Zone provides for compact low density residential. ## 8.4.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: - a) Dwelling, Single-Family - b) Dwelling, Two-Family - c) Dwelling, Townhouse or Row house ## Accessory uses: - a) Suite, Secondary - b) Bed and Breakfast ## 8.4.2 Lot Coverage: Buildings and structures shall not cover more than 35% of the site area. ## 8.4.3 Lot Frontage: The minimum frontage per lot shall be 15.24 m except on curves or cul-de-sacs in which case the minimum average width shall be 11.0 m ## 8.4.4 Lot Area: | Minimum Lot Area: | | 464.5 m2 | |---------------------|-------------------| ## 8.4.5 Minimum Yard Dimensions: | Location | [ Setback | |------------------------------------|-------------| | Front Yard | 4.6 m | | Side Yard | 1.5 m | | Side yard adjacent to a highway/Rd | 4.6 m | | Rear Yard | _ 1.5 m | ## 8.4.6 Height: | [Maximum Height | 8.0 m | |-------------------|---------| ## 8.4.7 Conditions of Use: a) Buildings for residential use shall have a minimum main floor interior area of 65.03 m2 ## 8.5 RESIDENTIAL MULTIPLE ONE: RM-1 ZONE ## Purpose: The Residential Multiple One: RM-1 Zone provides for medium density apartment housing and townhouse residential. ## 8.5.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: | a) Boarding houses | |-------------------------------------| | b) Dwelling, Low-rise apartment | | ) Dwelling, Single-family | | 1) Dwelling, Townhouses or rowhouse | | e) Dwelling, Two Family | ## 8.5.2 Lot Coverage: Buildings and structures shall not cover more than 35% of the site area. ## 8.5.3 Density: Maximum total floor areas of all buildings cannot exceed a Floor Area Ratio (FAR) of 0.90. ## 8.5.4 Lot Frontage: The minimum frontage per lot shall be 15.2 m except on curves or cul-de-sacs in which case the minimum average width shall be 15.2 m ## 8.5.5 Lot Area: | Minimum Lot Area | | 464.5 m2 | |--------------------|-------------------| ## 8.5.6 Minimum Yard Dimensions: | Location | Setback | |------------------------------------|----------------------------------------------------| | Front Yard | 7.6 m | | Side yard adjacent to a highway/Rd | 4.6 m | | Side Yard | 3.0 m | | Rear Yard | 10.7 m, except it is 1.0 m for accessory buildings | ## 8.5.7 Height: The maximum permitted height of any dwelling unit shall be no more than: | Townhouses | 9.1 m | |---------------------|---------| | Low-rise apartments | 12.2 m | ## 8.5.8 Conditions of Use: - a) Single-family and two-family dwelling units shall meet the R-1 setback and height zone requirements. - b) Parcels shall have a least 37.2 m? of amenity open space for each dwelling unit. ## 8.6 NRESIDENTIAL MANUFACTURED HOME ONE: RMH-1 ZONE ## Purpose: The Manufactured Home Park: RMH-1 Zone provides for manufactured and tiny home residential use. ## 8.6.1 Permitted Uses Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: | c) Tiny Home | |----------------| ## 8.6.2 Height: Maximum Height 5.2 m ## 8.6.3 Conditions of Use: - a) Every permanent manufactured home park shall meet the requirements of the Town of Port McNeill Manufactured Home Park Bylaw and any amendments thereto. - b) Only those manufactured homes that are certified as meeting the Canadian Standards Association specification CAN/CSA Z240 MH shall be permitted. - c) Single family dwelling units shall meet the R-1 setback and height zone requirements ## 8.9 COMPREHENSIVE DEVELOPMENT ONE: CD-1 ZONE ## Purpose: The Comprehensive Development One: CD-1 Zone provides for residential uses combined with parks, trails, and playgrounds. ## 8.9.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: | a) Dwelling, Single-Family | |------------------------------| | b) Dwelling, Two Family | - [x] a) Dwelling, Single-Family - [x] b) Dwelling, Two Family ## Accessory uses: - a) Bed and Breakfast - b) Suite, Secondary - c) Cottage ## 8.9.2 Lot Coverage: Buildings and structures shall not cover more than 35% of the site area. ## 8.9.3 Lot Frontage: | Lots up to 2,000 m2 in area | 12.2 m | |------------------------------------------------------|----------------------------------------------------------------------------------------------------| | Lots up to 2,000 m? on curves or cul-de- sacs | 12.2 m measured at the front yard setback line | | Lots greater than 2, 000m? in area | Minimum of 10% of the perimeter of the lot | | Lots greater than 2,000 m2 on curves or cul- de-sacs | Minimum of 10% of the perimeter of the lot, frontage to be measured at the front yard setback line | ## 8.9.4 Lot Area: | Dwelling, Single family | 371.6 m2 | |----------------------------------------|------------| | Dwelling, Two-family | 606.8 m2 | | Dwelling, Single family with a cottage | 2,000 m? | ## 9.9.5 Minimum Yard Dimensions: | Location | Up to 2,000 m? | Greater than 2,000 m2 | |--------------------------|------------------|-------------------------| | Front yard | 4.6 m | 7.5 m | | Rear yard | 1.5 m | 5.0 m | | Side yard | 1.5 m | 5.0 m | | Side yard on corner site | 4.6 m | | 7.5 m | ## 8.9.6 Height: | [Maximum Height - principal dwelling | - 10.0 m | |----------------------------------------|------------| | Maximum Height - cottage | 5.0 m | |----------------------------|---------| ## 8.9.7 Conditions of Use: - a) All dwellings shall have a minimum main floor area of 92.9 m' above the basement (if any). ## b) Cottage Regulations: - The total floor area of the cottage must not be more that 70.0 m2 - II. The cottage must be separate from the principal dwelling. - IV. A cottage shall be connected to municipal water and sewer system and shall be separately metered and subject to utility billings; and - Ill. The maximum permitted height of a cottage shall be no more than 5.0 m - V. Parking requirements for a property with a principal dwelling and a cottage shall - VI. comply with the parking provisions of section 5.15 of this bylaw. ## PART 9.0 COMMERCIAL ZONES ## 9.1 COMMERCIAL ONE: C-1 ## Purpose: The Commercial One: C-1 Zone provides for core commercial land uses. ## 9.1.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: | a) Bus terminals | |----------------------------------------| | b) Cannabis retail | | c) Community hall or centre | | d) Hotels | | e) Indoor Entertainment or Recreation | | f) Library | | g) Liquor retail | | h) Marina | | i) Motel | | i) Office | | k) Personal service establishments | | 1) Professional service establishments | | m) Pub | | n) Restaurant | | o) Retail Store | | p) School | ## Accessory uses: | a) Accessory Buildings and Use | |----------------------------------| | b) Dwelling, Low-rise apartment | | Dwelling, Townhouse or Row House | | d) Offices | ## 9.1.2 Lot Coverage: The maximum lot coverage 100%. ## 9.1.3 Lot Area: | Minimum Lot Area | No minimum required | |--------------------|-----------------------| ## 9.1.4 Minimum Yard Dimensions | Location | Setback | |----------------------------------------|-----------| | Front Yard | 0.0 m | | Side Yard | 0.0 m | | Side Yard adjacent to residential uses | 3.0 m | | Rear Yard | 0.0 m | | Rear yard adjacent to residential use | 3.0 m | Commercial development must conform to the requirements of section 5.4 of this bylaw. ## 9.1.5 Density: Maximum density is not to exceed 1.0 floor area ratio (FAR). ## 9.1.6 Height: | Maximum Height | 12.4 m | |-------------------------------------------|----------| | Maximum Height when abutting tidal waters | 5.5 m | ## 9.1.7 Conditions of Use: - a) be on second floor or above. All dwelling units shall: - b) have a private exterior entrance separate from any commercial facilities; and - c) contain a minimum of 18.6 m? of amenity open space per dwelling unit, but this amenity open space need not be located on the ground. ## 9.2 COMMERCIAL TWO: C-2 ZONE ## Purpose: The Commercial Two: C-2 Zone provides for service commercial land use. ## 9.2.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: - a) Automotive sales/Rental 2. Cannabis retail 3. Bus terminals - d) Community hall or centre - e) Drive thru 6. Garden centre 7. Hotels - h) Indoor Recreation and Entertainment - j) Liquor Retail - i) Library - k) Lumberyard - m) Offices - 1) Motel - n) Personal service establishments - p) Professional service establishments - 0) Pub - 9) Restaurant 18. г) Retail Store - s) School - t) Veterinary Clinic ## Accessory uses: | a) Accessory Buildings and Uses | |-------------------------------------| | b) Dwelling, Low-rise apartment | | c) Dwelling, Townhouse or Row House | | d) Storage, Outdoor | ## 9.2.2 Lot Coverage: The maximum lot coverage is 90%. ## 9.2.3 Lot Area: | [Minimum Lot Area | | No minimum required | |---------------------|------------------------------| ## 9.2.4 Minimum Yard Dimensions: | Location | Setback | |------------|-----------| | Front Yard | 7.6 m | | Side Yard | 0.0 m | | Side yard adjacent to residential use | 3.0 m | |-----------------------------------------|---------| | Side Yard on Corner | 7.6 m | | Rear Yard | 0.0 m | | Rear yard adjacent to residential use | 3.0 m | Commercial development must conform to the requirements of section 5.4 of this bylaw. ## 9.2.5 Density: Maximum density is 1.0 floor area ratio (FAR). ## 9.2.5 Height: | Maximum Height | 12.4 m | |-------------------------------------------|----------| | Maximum Height when abutting tidal waters | 5.5 m | ## 9.2.6 Conditions of Use: - a) All dwellings shall: - ii. have a private exterior entrance separate from any commercial facilities. - i. be on second floor or above. - ili. contain a minimum of 18.6 m' of amenity open space per dwelling unit, but this amenity open space need not be located on the ground 5. Every business or undertaking shall be conducted within a completely enclosed building or structure except for outdoor display, rental, sales, storage, parking and loading facilities. ## 9.3 COMMERCIAL SERVICE ONE: CS-1 ZONE ## Purpose: The Commercial Service One: CS-1 Zone provides commercial service land use with a mixture of tourist accommodation, services, and retail commercial uses. ## 9.3.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: | a) Drive thru | |-----------------------------| | b) Gas Service Station | | c) Hotel | | d) Motel | | e) Restaurant | | f) Retail Convenience store | ## Accessory uses: | a) Suite, Caretaker | |-----------------------| ## 9.3.2 Lot Coverage: The maximum lot coverage is 80%. ## 9.3.3 Lot Area: | | No minimum required | |------------------------------| ## 9.3.4 ## Minimum Yard Dimensions: | Location | Setback | When fronting onto Campbell Way | |------------|-----------|-----------------------------------| | Front Yard | 7.6 m | 15.2 m | | Side Yard | 3.0 m | NA | | Rear Yard | 7.6 m | NA | Commercial development must conform to the requirements of section 5.4 of this bylaw. ## 9.3.5 Density: Maximum density is 1.0 floor area ratio (FAR). ## 9.3.6 Height: | Maximum Height | 12.4 m | |-------------------------------------------|----------| | Maximum Height when abutting tidal waters | 155 m | ## 9.3.7 Conditions of Use: - a) Retail Convenience Stores established under the regulations set out in this bylaw on property used for a gas service station must be included within and be a part of the principal building (service station building). - b) Site specific use of a "Community Hall or Centre (Legion)" is a permitted on 2631 Mine Road legally known as Lot A, Plan VIP32432 Section 18, Township 1, Rupert Land District ## 9.4 MARINE PLEASURE COMMERCIAL: MPC ## Purpose The Marine Pleasure Commercial Zone provides for use that are located within a water lot such as marinas, commercial services and compatible accessory services and uses ## 9.5.1 Permitted Uses: Land, buildings, and structures shall be used for the following purposes only: ## Principal Uses: | a) Pub | |---------------| | b) Marina | | c) Restaurant | ## Accessory uses: | a) Personal Service Establishment | |-------------------------------------| | b) Retail Store | | c) Suite, Caretaker | | d) Offices | ## 9.5.2 Height: | Maximum Height | 155 m | |------------------|---------| ## 9.5.3 Conditions of Use: - a) Suite, Caretaker may occur as onboard vessel living where appointed by the Town for such purposes. ## PART 10.0 INDUSTRIAL ZONES ## 10.1 INDUSTRIAL ONE:M-1 ZONE ## Purpose: The Industrial One: M-1 Zone designates land that because of location, actual or potential large site sizes, and location in relation to the waterfront or transportation routes, is best suited for general ## 10.1.1 Permitted Uses: Land, buildings and structures shall be used for the following purposes only: ## Principal Uses: | | a) Auto Body Shop | |----|------------------------------------| | | Auto Repair Shop | | | c) Automotive Sales/Rental | | | Lumber yards, | | | Garden centres | | | Manufacturing or Processing, Light | | | Marinas | | h) | Nursery and Greenhouses | | i) | Restaurants | | | Storage, Commercial | | k) | Storage, Outdoors | | 1) | Veterinary Clinic | | | m) Warehousing | | | n) Wholesale | | | o) Works Yard | ## Accessory uses: | Accessory Buildings and Uses | |---------------------------------| | b) Dwelling, low-rise apartment | ## 10.1.2 Lot Coverage: The maximum lot coverage is 80%. ## 10.1.3 Lot Area: | Minimum Lot Area | | No minimum required | |--------------------|------------------------------| ## 10.1.4 Minimum Yard Dimensions: | Location | Setback | |----------------------------------------------------------------------------|-----------| | Front yard (properties zoned M-1 located on Campbell Way-Arterial Highway) | 15.2 m | | Front yard (all other I-1 areas of the Town) | 7.6 m | | Side Yard | 3.0 m | | Rear Yard | 3.0 m | ## 10.1.6 Height: Maximum Height 10.0 m ## 10.1.7 Conditions of Use: - Where the boundary of any parcel abuts either an A-2, R-1, R-2, R-3, R-4, RM-1, RMH-1, C-1 or P-1 zone, then there shall be a buffer area a minimum of 15.2 m in depth. Such a buffer area shall conform to the requirements of section 5.4 of this bylaw. - Every business or undertaking shall be conducted within a completely enclosed building or structure, except for outdoor display, rental, sales, servicing or storage yards, parking and loading facilities. - c) All industrial activity and storage not contained within a building shall be enclosed by screening and such activity and storage shall not be piled higher than the screening. Where screening is required, it shall consist either of a solid 2.4 m high fence or opaque wall or of an evergreen hedge not less than 1.83 m in height. - d) All dwelling units shall: 1. be on second floor or above. - II. have a private exterior entrance separate from any commercial facilities; and - III. contain a minimum of 18.6 m? of amenity open space per dwelling unit, but this amenity open space need not be located on the ground. ## 10.2 INDUSTRIAL TWO: M-2 ZONE ## Purpose: The Industrial Two: M-2 Zone designates land that because of location, actual or potential large site sizes, and location in relation to the waterfront or transportation routes, is best suited for general industrial development. ## 10.2.1 Permitted Uses: Land, buildings and structures shall be used for the following purposes only: ## Principal Uses: - a) Automotive Sales/Rental - c) Garden centres - d) Restaurants - e) Storage, Outdoors - f) Manufacturing or Processing, Heavy - g) Manufacturing or Processing, Light - h) Marinas - i) Warehousing - j) Wholesale - [k) Works Yard ## Accessory uses: - b) Suite, Caretaker - a) Accessory Buildings and Uses ## 10.2.2 Lot Coverage: The maximum lot coverage is 80%. ## 10.2.3 Lot Area: | [Minimum Lot Area | No minimum required | |---------------------|-----------------------| ## 10.2.4 Minimum Yard Dimensions: | Location | I Setback | |----------------------------------------------------------------------------|-------------| | Front yard (properties zoned M-1 located on Campbell Way-Arterial Highway) | 15.2 m | | Front yard (all other I-1 areas of the Town) | 7.6 m | | Side Yard | 3.0 m | | Rear Yard | 3.0 m | ## 10.2.5 Density: Maximum density is 1.0 floor area ratio, FAR. ## 10.2.6 Height: Maximum Height 14.0 m ## 10.2.7 Conditions of Use: - Where the boundary of any parcel abuts either an A-2, R-1, R-2, R-3, R-4, RM-1, RMH-1, C-1 or P-1 zone, then there shall be a buffer area a minimum of 15.2 m in depth. Such a buffer area shall conform to the requirements of section 5.4 of this bylaw. - b) Every business or undertaking shall be conducted within a completely enclosed building or structure, except for outdoor display, rental, sales, servicing or storage yards, parking and loading facilities. - c). All industrial activity and storage not contained within a building shall be enclosed by screening and such activity and storage shall not be piled higher than the screening. Where screening is required, it shall consist either of a solid 2.4 m high fence or opaque wall or of an evergreen hedge not less than 1.83 m in height. ## 10.3 MARINE INDUSTRIAL: MI ZONE ## Purpose The Marine Heavy Industrial: MHI Zone applies to the area of water covered by Water together with all foreshore land abutting or adjoining such Water Lots to a point 15.24 m from the high-water mark This zoning provides for the accommodation of industries that are associated with the fishing industry, marine transportation, ship building and maintenance. ## 10.3.1 Permitted Uses | a) Barge operation and unloading | |--------------------------------------------------------------------------------------------------| | b) Boat salvage / decommission | | c) Log dumping | | d) Log sorting | | e) Log storage | | Storage of fuel oil and/or gasoline | | Marine and aircraft fueling operations and bulk storage | | h) Mooring of commercial vessels | | Repair and maintenance shops oriented to marine use and water traffic | | Ship building, boat building and repair | | Warehouses, works yards, storage and loading facilities oriented to marine use and water traffic | | 1) Fish and seafood buying, selling, and packing | | m) Water taxis, ferries, boat rental, aircraft, and amphibious vessels | | n) Sales of supplies and fishing equipment | | o) All uses under Marine Recreation, Pleasure: MRP Zone | ## PART 11.0 PUBLIC USE ZONES ## 11.1 Public One: P-1 ZONE ## Purpose Public Use: P-1 Zone designates land that is best suited to public uses such as civic, educational, religious, hospitals, parks, cultural and recreational facilities. ## 11.1.1 Permitted Uses Land, buildings and structures shall be used for the following purposes only: | Assembly, cultural and recreational facilities including arenas, auditorium, swimming pools, tennis courts, community halls and similar publicly operated facilities; | |-------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | b) Fire halls | | c) Police stations | | d) Public hospitals | | e) Municipal Halls | | f) Library | | Marina | | h) Medical Clinic | | i) School | | j) Suite, Caretaker | | k) Parking | | Buildings and structures accessory to the principal use | ## 11.1.2 Minimum Yard Dimensions | Location | Setback | |------------|-----------| | Front yard | 7.6 m | | Side Yard | 3.0 m | | Rear Yard | 9.1 m | ## 11.2 MARINE RECREATION, PLEASURE: MRP ZONE ## Purpose he Marine Recreation, Pleasure: MRP Zone covers the area of water covered by Hoy Bay with le Town Boundary outside of Water Lots L1645, L1646 and L2099, together with all foreshore lan abutting or adjoining Hoy Bay outside of the Water Lots designated herein to a point 12.24 m from the high-water mark. ## 11.2.1 Permitted Uses All recreational boating pursuits. ## SCHEDULE A ZONING MAP