By-Law 11-2016 — The rural community of Hanwell Rural Plan (Zoning/Land Use) — full text

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Hanwell By--Law 11--2016 The rural community of Hanwell Rural Plan Contents Part A: Background 1.0 IntroducƟon............................................................................................................................................... 1.1 AdopƟon of Plan........................................................................................................................................... 1.2 Title............................................................................................................................................................1 1.3 Area of Coverage ...................................................................................................................................... 1.4 Repeal and Replacement........................................................................................................................... 1.5 Past Amendments..................................................................................................................................... Part B: ObjecƟves, Policies and Proposals 2.0 ObjecƟves of the Rural Plan...................................................................................................................... 2.1 ResidenƟal......................... ....................................................................................................................... 2.2 Commercial and Industrial ....................................................................................................................... 2.3 InsƟtuƟonal .............................................................................................................................................. 2.4 RecreaƟonal FaciliƟes and Public Open Spaces ........................................................................................ 2.5 Resource Use............................................................................................................................................. 2.6 ProtecƟon of Water Supplies .................................................................................................................... 2.7 Heritage Buildings and Sites of Historical or Archaeological Interest ....................................................... 2.8 ConservaƟon of the Physical Environment ............................................................................................... 2.9 Yoho Watershed ....................................................................................................................................... 2.10 TransportaƟon .......................................................................................................................................... Part C: Zoning Provisions SecƟon 1: Zoning Map and InterpretaƟon....................................................................................................... SecƟon 2: Purpose, AdministraƟon, ClassiﬁcaƟon and Conformity .............................................................. SecƟon 3: General Provisions ....................................................................................................................... SecƟon 4: Zones............................................................................................................................................. Schedule A: 1 1 ................ 1 2 2 3 4 5 5 6 6 7 7 7 8 8 9-15 15-17 17-21 22-26 1.1 Adoption of Plan 1.2Title 1.3 Area of Coverage The territorial limits of Hanwell as shown on Schedule "A" of RegulaƟon 2014--30 and which is also shown on the map contained in Schedule "A" of this By--Law, rural community of Hanwell Rural Plan Zoning Map, is designated as the area to which this By--Law applies, and more parƟcularly described as follows: Bounded northwesterly by the Local Service District of Kingsclear; southwesterly by the parish of Manners SuƩon; southeasterly by the parish of New Maryland, and northeasterly and northerly by The City of Fredericton. This By--Law may be cited as the Hanwell Rural Plan. The rural community of Hanwell Rural Plan - Community Planning Act contained in this By--Law is hereby adopted for the rural community of Hanwell, under secƟon 77.2 of the Community Planning Act. Part A: Background 1. Introduction Page 1 A Rural Plan for Hanwell was ﬁrst adopted in 2010. At that Ɵme, the area was unincorporated. With the area becoming a Rural Community, this provided an opportune Ɵme to review the Rural Plan. The intent of the review process was to make needed changes to reﬂect the new status of the rural community of Hanwell, and to engage with the community to see if there is anything to be added or revised in the Rural Plan, to reﬂect the direcƟon of the rural community of Hanwell. This plan has been prepared by staﬀ of the Regional Service Commission 11 Planning and Development Division and is the product of consultaƟons with members of Council, the Planning Advisory CommiƩee, and members of the general public, who aƩended Open Houses or volunteered to sit on the Working Group. This plan is intended to replace and repeal the exisƟng Rural Plan for Hanwell. 1.4 Repeal and Replacement Notwithstanding paragraph 1.4, the terms and condiƟons contained in agreements aƩached to the following amending RegulaƟons and by--laws remain in eﬀect: - 11-- HAN--022--01 - 12--HAN--022--02 - 12--HAN--022--03 - 13--HAN--022--04 - 13--HAN--022--05 - By--law No. 04--2014 1.5 Past Amendments This By--Law repeals and replaces Ministerial RegulaƟon 10--HAN--022--00 adopted under subsecƟon 77(2.1) of the Community Planning Act and designated in SecƟon 12 of RegulaƟon 2014--30 as the rural plan of Hanwell Page 2 To provide a local voice and direcƟon in the future development of the rural community of Hanwell; To regulate land--use and strategically implement the vision for the future of the rural community of Hanwell as an aƩracƟve place for current and future residents to live, work and play; To implement new tools and powers enabled by incorporaƟon to provide more public spaces and resources and improve the aestheƟc appeal of the community; To minimize the impact of development on the natural environment; To direct the development of community infrastructure, services, and faciliƟes to meet the current and future needs of the populaƟon; To promote orderly development that fosters the local economy while ensuring a healthy balance of land uses and safe and eﬃcient transportaƟon; and To foster a sense of community, wellness, rural character, and good quality of life, and develop more public opportuniƟes for acƟve living. The objecƟves of the rural community of Hanwell Rural Plan reﬂect the community's aspiraƟons for the future development of the area. The objecƟves provide a reference for those who administer and enforce the rural plan to use when making land use decisions. The objecƟves of the Rural Plan are as follows: Part B: Objectives, Policies and Proposals 2.0 Objectives of the Rural Plan Page 3 Policies It is a policy to control the locaƟon and density of residenƟal development. It is a policy to enhance and maintain aƩracƟve and safe neighbourhoods and discourage the intrusion of incompaƟble uses into established residenƟal areas and areas adjacent to established residenƟal areas. It is a policy to require land dedicaƟons for public purposes or cash in lieu of land, in the subdivision process. It is a policy to provide greater ﬂexibility in housing choice to appeal to changing housing needs of the populaƟon. It is a policy to allow backyard chickens in residenƟal zones, with appropriate controls. It is a policy to facilitate innovaƟve sustainable development pracƟces, such as, but not limited to, conservaƟon design, through the use of development schemes. Proposals It is proposed that new large scale residenƟal subdivisions shall be brought forward through an amendment process to provide for community input. It is proposed that consideraƟon be given to the impacts on exisƟng neighbourhoods when new large scale residenƟal developments are proposed. It is proposed that accessory dwelling units be permiƩed in residenƟal zones, subject to appropriate condiƟons. It is proposed that subdivision projects which are proposed under a development scheme may deﬁne requirements, such as but not limited to, streets, trails, lot size, setbacks, which may diﬀer from the requirements of the zoning provisions of this document. The zoning provisions of this document shall apply to all developments not approved under a development scheme. 2.1 Residential Page 4 Policies It is a policy to idenƟfy lands conducive for future commercial or industrial development and plan ahead for possible expansion of current commercial and industrial areas. It is a policy to discourage further encroachment of commercial and industrial areas towards residenƟal subdivisions and sensiƟve environmental areas such as Tower Lake. It is a policy to protect the natural environment and the residenƟal character of the community through the control of the type and locaƟon of commercial and industrial development. Proposals It is proposed that the health and safety of residents, transportaƟon requirements, and impacts on the environment and surrounding land uses be considered when locaƟng commercial and industrial development. It is proposed that lands be idenƟﬁed for future expansion of the commercial and industrial areas. This would concentrate the acƟviƟes in areas with access to transportaƟon routes and away from residenƟal areas. It is proposed that a signage by--law be prepared. Policy It is a policy to encourage the provision of insƟtuƟonal land uses that serve the current and future needs of the local area, such as, but not limited to, community meeƟng places, recreaƟon faciliƟes, health and dental clinics, schools and other educaƟonal faciliƟes, and special care homes. 2.2 Commercial and Industrial 2.3 Institutional Page 5 Policy It is a policy to encourage public recreaƟonal uses to provide for the interacƟon of residents, promote health and wellness, and foster a strong sense of community. It is a policy to consider the impact on established and potenƟal future recreaƟonal areas and faciliƟes when evaluaƟng adjacent developments. It is a policy to develop a RecreaƟon and Leisure Master plan to look at access to recreaƟonal areas and opportuniƟes for acƟve transportaƟon, and to support and promote the goals and objecƟves contained therein. Proposal It is proposed that a lighƟng by--law be developed that seeks to: lessen the impacts of lighƟng from developments, ensure all lighƟng is installed in a manner that reduces undesired impacts, and include speciﬁc provisions for areas designated for the enjoyment of the night sky. 2.4 Recreational Facilities and Public Open Spaces Policy It is a policy to recognize the dynamic nature of modern farming and to promote the long--term viability of agricultural operaƟons and local food producƟon, while minimizing conﬂict, and the potenƟal for conﬂict, between agricultural and nonagricultural land uses. It is a policy to protect the integrity of the natural environment, foster recreaƟonal opportuniƟes, and provide for commercial Ɵmber producƟon and private woodlot operaƟons, by supporƟng an integrated approach to the management of forest resources. It is a policy to protect and opƟmize the use and availability of aggregate resources located on signiﬁcant aggregate resource lands, as deﬁned in this plan, while minimizing the environmental and social impacts that may be associated with related excavaƟon operaƟons. Proposals It is proposed that when a request for re--zoning to permit resource extracƟon has been received, terms and condiƟons be set under secƟon 39 of the Community Planning Act in regards to the following: - projected extracƟon plan and its impact on the water table; - protecƟon measures in order to protect people, adjacent properƟes, and exisƟng private and public infrastructures; and - rehabilitaƟon. It is proposed that measures be established to minimize potenƟal conﬂicts between aggregate acƟviƟes and surrounding land uses so as to best protect and conserve the environment. It is proposed that the rehabilitaƟon of extracƟon sites be encouraged. 2.5 Resource Use Page 6 Policy It is a policy to consider potenƟal impacts to groundwater quanƟty when considering new development. It is a policy to discourage types of development that pose a signiﬁcant risk to groundwater resources. It is a policy to encourage the Ɵmely remediaƟon of known contaminated areas to limit the migraƟon of pollutants to addiƟonal lands, wells, and watercourses. Proposal It is proposed that the water supply assessment guidelines, as adopted by Regional Service Commission 11, shall be applied throughout the rural community of Hanwell. Policy It is a policy to encourage the preservaƟon, rehabilitaƟon, and maintenance of historic buildings, areas of archaeological interest, structures, and monuments. Policy It is a policy to encourage development that minimizes impacts to the quality of air, land, and water resources for the beneﬁt of future generaƟons. It is a policy to recognize watersheds for their important ecological, recreaƟonal, aestheƟc, and historical qualiƟes and to strive to enhance and maintain natural watercourses and wetlands in their clean and natural state. It is a policy to encourage consideraƟon of stormwater management that respects the natural contours and drainage paƩerns of the land in new developments, or when alteraƟons are being made that can impact drainage paƩerns. Proposal It is proposed to encourage operators of private sepƟc and communal wastewater systems ensure that systems funcƟon properly and undertake regular performance monitoring to ensure that the discharge does not pose a risk of contaminaƟon. 2.6 Protection of Water Supplies 2.7 Heritage Buildings and Sites of Historical or Archaeological Interest 2.8 Conservation of Physical Environment Page 7 Policy It is a policy to give consideraƟon to the potenƟal impacts to Yoho Lake when amendments are proposed in the Yoho Lake - "YL" Zone, with the focus to safeguard against threats to water quality and quanƟty. It is a policy to encourage regular maintenance of private sepƟc faciliƟes and to encourage residents to ensure their systems are operaƟng properly, and are upgraded where required, in order to protect the health of the lake, and the viability of Yoho Lake Community. Proposal It is proposed that applicaƟons to amend the rural plan for lands within the Yoho Lake - "YL" Zone will demonstrate how potenƟal impacts to the water quality and quanƟty to Yoho Lake will be miƟgated. 2.9 Yoho Watershed Policy It is a policy to require safe access for new development, and to work with Department of TransportaƟon and Infrastructure to address areas of concern, and ﬁnd soluƟons for traﬃc calming, where required. It is a policy to encourage the provision of opportuniƟes for acƟve transportaƟon, in conjuncƟon with the RecreaƟon and Leisure Master Plan. 2.10 Transportation Page 8 1.1 The Zoning Map included in Schedule A and Ɵtled "rural community of Hanwell Rural Plan Zoning Map" is the zoning map designated for the rural community of Hanwell Rural Plan -- Community Planning Act. 1.2 In this By--Law "accessory building" means a detached subordinate building, not used for human habitaƟon, located on the same lot as the main building, structure, or use to which it is accessory, the use of which is naturally or customarily incidental and complementary to the main use of the land, building, or structure; "accessory dwelling unit" means a dwelling unit with no more than two bedrooms which is secondary to the principal dwelling unit and contained in a loŌ, or in the basement of same building and not exceeding 75% of the ﬂoor area of the basement; "accessory structure" means a structure located on the same lot as the main building, structure, or main use to which it is accessory, the use of which is naturally or customarily incidental and complementary to the main use of the land, building, or structure; "accessory use" means a use, other than human habitaƟon, of land or a building or structure which is not the main or secondary use of the land, building or structure on a lot, and which is naturally or customarily incidental and complementary to the main use of the land or to the main use being conducted in the main building or structure on the lot; "adult entertainment" means any premises or part thereof in which is provided services of which a principal feature or characterisƟc is the nudity or parƟal nudity of any person; "agricultural operaƟon" means an agricultural operaƟon that is carried on for gain or reward or in the hope or expectaƟon of gain or reward, and includes (a) the culƟvaƟon of land, (b) the raising of livestock, to include not greater than 250 livestock other than poultry, and not greater than 2500 poultry, (c) the raising of furbearing animals, (d) the producƟon of agricultural ﬁeld crops, (e) the producƟon of fruit and vegetables and other specialty horƟcultural crops, (f) the producƟon of eggs and milk, (g) the operaƟon of agricultural machinery and equipment, including irrigaƟon pumps, (h) the applicaƟon of ferƟlizers, condiƟoners, insecƟcides, pesƟcides, fungicides, and herbicides for agricultural purposes, (i) the operaƟon of pick--your--own farms, roadside stands, farm produce stands, and farm tourist operaƟons as part of a farm operaƟon, (j) the raising of bees, and (k) the preparaƟon of a farm product distributed from the farm gate, including cleaning, grading, and packaging; but does not include the producƟon of marijuana; "alter" means to make any change, structurally or otherwise, in a building or structure which is not for purposes of maintenance only; "apartment building" means the whole of a residenƟal building not otherwise deﬁned herein, which contains ﬁve or more dwelling units served by a common entrance or independent entrance directly from the outside in which the occupants Page 9 Part C: Zoning Provisions Section 1 -- Zoning Map & Interpretation Page 10 "automobile repair" means the general repair, rebuilding, or recondiƟoning of engines, motor vehicles, or trailers such as collision service, body repair and frame straightening, painƟng and upholstering, vehicle steam cleaning, and undercoaƟng; "aucƟon centre" means any premises used for the aucƟon of goods, which may include motor vehicles; "automoƟve sales or rental establishment" means an establishment having as its main use the storage of vehicles for sale, rent, or lease and accessory uses which may include faciliƟes for the repair and maintenance of such vehicles; "backyard chickens" means a secondary use of a residenƟal property to house up to 10 hens; "beverage room" means a beverage room licensed under the Liquor Control Act of New Brunswick, but does not include adult entertainment; "building" means any structure used or intended for supporƟng or sheltering any use or occupancy; "business oﬃce" means any building or part of a building used for the management or direcƟon of an agency, business, organizaƟon, but excludes such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement; "cemetery" means land that is set apart for the burial of human remains; "church or other Religious Building" means a building commonly used for public worship by any religious organizaƟon, and may include a rectory and manse, hall, auditorium, day nursery, or religious school associated with, or accessory thereto; "class 1 Home--Based Business" means the use of a dwelling unit by a resident of the dwelling unit to conduct an acƟvity for ﬁnancial gain or reward, or in the hope or expectaƟon of ﬁnancial gain or reward, and which is secondary to the main residenƟal use and is conducted enƟrely within the dwelling unit, but does not include a community day care home or a special care home; "class 2 home--based business" means the use of another building or structure on the same lot as a dwelling unit by a resident of the dwelling unit to conduct an acƟvity for ﬁnancial gain or reward, or in the hope or expectaƟon of ﬁnancial gain or reward, and which is secondary to the main residenƟal use on a lot, but does not include a community day care home or a special care home; "collector highway" means a highway so classiﬁed under the Highway Act; "commercial recreaƟon establishment" means a recreaƟon establishment operated as a business and open to the public for a fee; "Commission" means the Regional Service Commission having jurisdicƟon and includes the Planning Review and Adjustment Commitee; "community care facility" means a use for the purposes of providing special and individualized care to elderly persons, children, or disabled persons, and may include a day care centre, nursing home, residence or residenƟal centre as deﬁned under the Family Services Act; "community day care home" means a community day care home or family day care home as deﬁned by and operated in accordance with the Family Services Act; "community hall" means a building used for community acƟviƟes with or without purpose of gain; "conservaƟon use" means a wildlife refuge, natural buﬀer or other such uses that serve to protect or maintain an environmentally sensiƟve area; "contractor's yard" means a yard of any general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work; "convenience store" means an establishment where food, tobacco, non--prescripƟon drugs, periodicals, or similar items of household convenience are kept for retail sale to residents of the immediate neighbourhood, including video rental and catalogue sales outlets, but does not include a gasoline bar; "Council" means the Council of the rural community of Hanwell; "coverage" means the percentage of the lot area covered by the area of the main building or buildings; "day care centre" means a day care centre deﬁned by and operated in accordance with the Family Services Act; "depth" means, in relaƟon to a lot (a) where the front and rear lot lines are parallel, the horizontal distance between the front and rear lot lines at right angles to such lines, or (b) where these lines are not parallel, it shall be the length of a line joining the midpoints of the front and rear lot lines; "Director" means the Provincial Planning Director appointed under secƟon 4 of the Community Planning Act; "dwelling" means a main building, or a porƟon of it, containing one or more dwelling units; "dwelling unit" means a room or suite of two or more rooms designed or intended for use by an individual or family, in which culinary faciliƟes and sanitary conveniences are provided for the exclusive use of such individual or family; "easement" means a right to use land, most commonly for access to other property or as a right--of--way for a uƟlity service, or for a municipal service; "erect" means to construct, build, assemble, or relocate a building or structure, any physical operaƟons preparatory to the construcƟon, building, assembly, or relocaƟon of the building or structure; "excavaƟon site" means an open land area where quarriable substances are mined or excavated for sale or oﬀ--tract use; "family" means one or more persons, not necessarily related, occupying a premises and living as a single housekeeping unit, as disƟnguished from a group occupying a hotel or a boarding or rooming house; "ﬁtness centre" means a private club, in which faciliƟes are provided for recreaƟonal athleƟc acƟviƟes including, but not limited to, a bodybuilding facility and shall include faciliƟes such as a sauna or a solarium; "ﬂoor area" means the space on any storey of a building between exterior walls and required ﬁrewalls, including the space occupied by interior walls and parƟƟons, but not including exits, verƟcal service spaces, and their enclosing assemblies; "forestry" means the general growing and harvesƟng of trees and, without limiƟng the generality of the foregoing, shall include: the raising and cuƫng of wood, pulp, lumber and other primary forest products, the producƟon of Christmas trees and specialty forest products, such as maple syrup, ﬁddleheads, wreaths, bark mulch, and ﬁne furniture wood, but does not include a sawmill, as deﬁned by this By--Law; "garden suite" means a portable or demountable one storey, one or two bedroom, self--contained dwelling, intended to be occupied by an individual or couple who are able to live independently in it on a temporary basis, and where the house on the same property is occupied by children, grandchildren, family members, or relaƟves of the occupant of the portable dwelling; "gasoline bar" means one or more pump islands, each consisƟng of one or more gasoline or diesel pumps, and may include a shelter or canopy as well as involve the sale of other liquids and small accessories required for the operaƟon of motor vehicles; Page 11 "golf course" means a public or private area operated for the purpose of playing golf and includes a clubhouse and recreaƟonal faciliƟes, accessory driving ranges, and similar uses; "heavy equipment sales and service" means a building or part of a building or structure in which heavy machinery is maintained, repaired, or oﬀered for sale, rent, or lease; "hobby farm" means a small agricultural acƟvity that is incidental to the principal residenƟal use, is not carried out for ﬁnancial gain or reward, or does not consƟtute a principal income for the farmer or landowner; "hotel" means a facility oﬀering transient lodging accommodaƟons, for gain or reward, to the general public and providing addiƟonal services such as restaurants, meeƟng rooms, and recreaƟonal faciliƟes; "household pets" means any animal normally and customarily kept by domesƟc households for pleasure and companionship, excluding livestock; "hunƟng camp or recreaƟon camp" means accommodaƟons for seasonal use for hunƟng, ﬁshing, snowmobiling, or similar recreaƟonal pursuits, and which is not used for gain or reward; "industrial occupancy" means the occupancy or use of a building or part thereof for the assembling, fabricaƟng, manufacturing, processing, repairing, or storing of goods and materials; "kennel" means an establishment prepared to house, board, breed, handle, or otherwise keep or care for ﬁve (5) or more dogs or cats over the age of six (6) months; "large scale residenƟal subdivision" means a subdivision that would create 25 or more lots, including the remnant, or would create a cumulaƟve total of 25 or more lots from an original lot, as deﬁned in RegulaƟon 80--159, in existence as of the adopƟon of this rural plan; "livestock" means caƩle, horses, mules, donkeys, swine (not inculding pot belly pigs), sheep, goats, ostriches, emus, foxes, mink, or poultry; "lot" means a parcel of land, or two or more adjoining parcels of lands, not including lands lying opposite to each other on either side of a road, street, or highway, held by the same owner and used or intended to be used as the site for a building or structure or an addiƟon to the building or structure; "lot line" means a common line between a lot and an abuƫng lot, access, or street; "main building" means a building in which is conducted the main or principal use of the lot on which the building is located; "main use" means the primary purpose for which a building, other structure, or lot is designed, arranged, or intended, or for which may be used, occupied, or maintained under this By--Law; "manufacturing operaƟon" means the use of land, buildings, or structures for the purposes of manufacturing, assembling, making, preparing, inspecƟng, ﬁnishing, treaƟng, altering, repairing, warehousing, or storing or adapƟng for sale of any goods, substance, arƟcle, thing, or service; "medical or dental clinic" means a building or structure used for the provision of medical or dental services which, without limiƟng the generality of the foregoing, may include chiropracƟc, optometry, and orthopedic services, but does not include veterinary services; "mini home" means a dwelling unit that is designed to be used with or without a permanent foundaƟon as a dwelling, that has a width of less than six metres throughout its enƟre length exclusive of steps or porches, that is not ﬁƩed with faciliƟes for towing or to which towing apparatus can be aƩached, and that is capable of being transported by means of a ﬂatbed ﬂoat trailer from the site of its construcƟon without signiﬁcant alteraƟon; "mini home park" means a parcel of land, not in a Provincial Park, intended as the locaƟon for more than one mini Page 12 "Minister" means the Minister of Environment; "mobile home" means a factory built, detached structural unit designed to be and capable of being transported aŌer fabricaƟon on its own chassis and wheel system to a lot, and which is suitable for year--round occupancy in similar fashion as a dwelling unit, except for minor and incidental unpacking and assembly operaƟons, placement on deﬁned supporƟng structures; "motel" means a hotel primarily for transients traveling by automobile, with a parking space on the lot for each lodging unit, and with access for each such unit directly from the outside; "mulƟple family dwelling" means a dwelling containing four dwelling units; "nursing home" means a residenƟal facility operated, whether for proﬁt or not, for the purpose of supervisory, personal, or nursing care for seven or more persons who are not related by blood or marriage to the operator of the home, and who by reason of age, inﬁrmity, or mental or physical disability are not fully able to care for themselves, but does not include an insƟtuƟon operated under the Mental Health Act, the Hospital Services Act, the Hospital Act or the Family Services Act; "occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals, or property; "open space" means space that is open to the sky and suitable for acƟve or passive recreaƟon or gardens; this space shall be free of automoƟve traﬃc, parking, and undue hazard, and readily accessible by all those for whom it is intended; "outdoor recreaƟonal use" means a recreaƟonal use conducted outdoors and, without limiƟng the generality of the foregoing, may include: trails used for hiking, snowmobiling or the use of all terrain vehicles, cross--country skiing, bicycling, or horseback riding; sleigh rides; nature interpretaƟon acƟviƟes; canoeing; and hunƟng and ﬁshing, in accordance with all applicable regulaƟons; "park" means an area of land set aside for recreaƟonal purposes and may include, but is not limited to, playgrounds, baseball ﬁelds, tennis courts, soccer and other athleƟc ﬁelds, outdoor rinks, swimming pools, areas designed for passive enjoyment and similar uses, and includes the buildings and structures in connecƟon therewith; "personal service establishment" means a store or shop providing personal, ﬁnancial, technical or repair services, assistance or advice to consumers, and without limiƟng the generality of the foregoing, may include: appliance repair shops, barber and beauty shops, bicycle repair shops, dressmakers and tailors, ﬁnancial insƟtuƟons, locksmiths, pawnshops, prinƟng and photocopy services, shoe repair shops, furniture upholstering shops, and professional photographers' studios; "personal service establishment" means a store or shop providing personal, ﬁnancial, technical or repair services, assistance or advice to consumers, and without limiƟng the generality of the foregoing, may include: appliance repair shops, barber and beauty shops, bicycle repair shops, dressmakers and tailors, ﬁnancial insƟtuƟons, locksmiths, pawnshops, prinƟng and photocopy services, shoe repair shops, furniture upholstering shops, and professional photographers' studios; "playground" means an area of landscaped open space equipped with children's play equipment such as slides, swings, or wading pools; "quarriable substance" means sand, gravel, clay, soil, ordinary stone, building or construcƟon stone, and rock other than metallic ores; "recreaƟonal facility" means a building or place designed and equipped for the conduct of sports, leisure Ɵme acƟviƟes, and other customary and usual recreaƟonal acƟviƟes; "residenƟal dwelling" means a single family dwelling, two family dwelling, mulƟple family dwelling, mini home or mobile home; "restaurant" means a building or part of a building where food is oﬀered for sale to the public for immediate consumpƟon at tables or counters either inside or outside the building and may include a take--out service; Page 13 "retail store" means a store or shop engaged in the sale of commodiƟes or goods to individual consumers for personal use rather than for resale, and without limiƟng the generality of the foregoing, may include: stores engaged in the sale of anƟque and second--hand arƟcles, appliances and tools, art and craŌs, books, clothing, garden supplies, recreaƟon or sporƟng goods; bakeries; drug stores; ﬂorists; and video rental stores; but does not include any use separately listed in a zone; "salvage" means second--hand, used, discarded, or surplus metals, goods, or arƟcles of every descripƟon, unserviceable, discarded or junked motor vehicles, bodies, engines or other component parts of a motor vehicle, but does not include boƩles, furniture, or books; "salvage yard" means a building, warehouse, yard or other premises in which salvage is stored or kept pending resale or delivery to another person; "school" means a public or separate school, university, college or private school authorized by the authority having jurisdicƟon; "secondary use" means a use other than a main or accessory use; "self--service storage facility" means a building consisƟng of individual, small, self--contained units that are leased or owned for the storage of business and household goods; "service or repair shop" means a building or part of a building used for the servicing or repairing of arƟcles, goods, or materials but shall not include industrial manufacturing or auto repair; "service staƟon" means a building or structure where gasoline, oil, grease, anƟfreeze, accessories or Ɵres, or a combinaƟon thereof, are stored or kept for retail for motor vehicles, whether or not minor repairs to motor vehicles are oﬀered or performed; "shooƟng range" means a range for shooƟng ﬁrearms which complies with all federal and provincial legislaƟon and guidelines; "sign" means a name, idenƟﬁcaƟon, descripƟon, device, display, or illustraƟon which is aﬃxed to or represented directly or indirectly upon a building, structure, or lot, which directs aƩenƟon to an object, product, place, acƟvity, person, insƟtute, organizaƟon, or business; "single family dwelling" means a dwelling containing only one dwelling unit but does not include a mini home, or a mobile home; "special care home" means an owner--occupied single--detached dwelling used for the purposes of providing special and individualized care to persons, who by reason of age, inﬁrmity, mental or physical disability are not fully able to care for themselves, provided the number within the intended user group does not exceed 5 and the facility complies with the applicable legislaƟon; "stable" means a building or enclosure within which animals, other than household pets, are kept for uƟlitarian purposes; "street line" means the common line between a street and a lot; "structure" means anything erected, built, or constructed of parts joined together with a ﬁxed locaƟon on the ground or aƩached to something having a ﬁxed locaƟon in or on the ground, and shall include buildings, walls, or any sign, but does not include fences which do not exceed two metres in height; "swimming pool" means a tank or other structure, arƟﬁcially created, at least in part, having a depth greater than 1 metre, located outdoors, and intended to contain water for the purpose of swimming or diving; "three family dwelling" means a dwelling containing three dwelling units; Page 14 "townhouse dwelling" means a building divided verƟcally by a common wall extending from the foundaƟon to the roof into two or more aƩached dwelling units, each having a separate entrance from an outside yard area; "transportaƟon terminal" means the use of land, buildings, or structures for the purposes of storing, servicing, repairing, or loading trucks, transport trailers, or buses; "two family dwelling" means a dwelling containing two dwelling units; "use" means the purpose for which land or a building or structure, or a combinaƟon thereof, is designed, arranged, erected, intended, occupied, or maintained; "veterinary services" means the provision of services by veterinarians for the purpose of consultaƟon, diagnosis, and treatment of animals and the necessary boarding thereof, and may also include the retailing of pet supplies; "warehouse" means any use concerned with storage, distribuƟon, or transportaƟon of goods and services or related acƟviƟes; "watercourse" means a waterbody recognized under the Clean Water Act and may include the full width and length, including the bed, banks, sides, and shoreline, or any part of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch, or other natural or arƟﬁcial channel open to the atmosphere, the primary funcƟon of which is the conveyance or containment of water whether the ﬂow be conƟnuous or not; "width" means, in relaƟon to a lot (a) where the side lot lines are parallel, the distance measured across the lot at right angles to such lines, or (b) where the side lot lines are not parallel, the distance measured across the lot along a line parallel to a line joining the points at which the side lot lines intersect the street line, such parallel line being drawn through the point at which the line of minimum setback intersects a line from the midpoint of and perpendicular to the line to which it is parallel. Purpose 2.1 The purpose of Part C is (a) to divide the area referred to in Part A, paragraph 2, into zones; (b) to prescribe, subject to powers reserved to the Commission, (i) the purpose for which land, buildings, and structures in any zone may be used, and (ii) standards to which land use and the placement, erecƟon, alteraƟon, and use of buildings and structures must conform; and (c) to prohibit, (i) land use, and (ii) use, placement, erecƟon, or alteraƟon of buildings or structures; other than in conformity with the purposes and standards menƟoned in subparagraph (b). Section 2 -- Purpose, Administration, Classiϐication & Conformity Page 15 Powers of the Commission 2.2(1) No building or structure may be erected on any site where it would otherwise be permiƩed under this By--Law when, in the opinion of the Commission, the site is marshy, subject to ﬂooding, excessively steep, or otherwise unsuitable by virtue of its soil or topography. 2.2(2) The Commission may, subject to such terms and condiƟons as it considers ﬁt, (a) authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this By--Law; and (b) require the terminaƟon or removal of a development authorized under subparagraph (a) at the end of the authorized period. 2.2(3) In all zones created by this By--Law, the use of land for the purposes of the supply of (a) electric power, (b) natural gas, (c) water supply and storage, (d) sanitary sewage disposal and treatment of sewage generated within the planning area, (e) drainage, including storm sewers, (f) streets, and (g) all other public or private uƟliƟes, including the locaƟon or erecƟon of any structure or installaƟon for the supply of any of the above--menƟoned services, shall be a parƟcular purpose in respect of which the Commission may impose terms and condiƟons or prohibit where compliance with the terms and condiƟons imposed cannot reasonably be expected. Amendments 2.3(1) A person who seeks to have this By--Law amended shall (a) address a wriƩen and signed applicaƟon to the Regional Service Commission and (b) pay a fee of $1500.00 payable to the Regional Service Commission. 2.3(2) On the advice of the Council, the Commission may return to the applicant all or any part of a fee menƟoned in subparagraph (1) (b). 2.3(3) An applicaƟon shall include such informaƟon as may be required by Council. 2.3(4) Unless, upon invesƟgaƟon, Council is of the opinion there is valid new evidence or change in condiƟons, where an applicaƟon under this secƟon has been previously refused by Council, no further applicaƟon may be considered for one year of such applicaƟon, (a) in the case of re--zoning, is in respect of the same area of land with which the original applicaƟon was concerned; or (b) not being in relaƟon to re--zoning, is similar to the original applicaƟon. Page 16 ClassiﬁcaƟon 2.4(1) For the purposes of the By--Law the area is divided into zones as delineated on the plan aƩached as Schedule "A", enƟtled "rural community of Hanwell Zoning Map" and dated February 2016. 2.4(2) The zones menƟoned in subsecƟon 2.4(1) are classiﬁed and referred to as follows: (a) ResidenƟal - "R" Zone; (b) Rural ResidenƟal - "RR" Zone; (c) Mini Home Park - "MP" Zone; (d) Rural - "RU" Zone; (e) Industrial - "I" Zone; (f) Commercial and Light Industrial - "CLI" Zone; (g) Commercial Light Industrial 2 - "CLI--2" Zone; (h) Commercial RecreaƟonal - "CR" Zone; (i) Commercial RecreaƟonal and ResidenƟal Mixed - "CRRM" Zone; (j) Resource and ConservaƟon - "R&C" Zone; (k) Yoho Lake - "YL" Zone; (l) Gravel Pit - "GP" Zone; (m) Commercial Kennel - "CK" Zone; and (n) Mixed Use ---- "MU" Zone. Conformity 2.5 In any zone, all land shall be used, and all buildings and structures, or parts of the buildings or structures, shall be placed, erected, altered, or used, only in conformity with the requirements of, except as otherwise provided, the part of this By--Law pertaining to such zone. Garden Suites 3.1 Where permiƩed, a garden suite may be located on a lot containing a single family dwelling subject to terms and condiƟons and provided: (a) that the lot has an area of at least 4000 square metres; (b) the garden suite shall only be located in the rear or side yard; (c) the garden suite must be located so as to be easily removed from the site and have a total ﬂoor area less than 85 square metres; (d) the garden suite is provided with adequate water and sewer systems, as acceptable to the Department of Health, or other agency having jurasdicƟon; (e) in combinaƟon with the principal dwelling, lot coverage does not exceed thirty--ﬁve percent; (f) the garden suite shall be removed from the property within six months should it cease to be occupied by the person or persons intended; and (g) the garden suite shall be reasonably consistent with the character and aestheƟcs of the neighbourhood in which it is located. Section 3 -- General Provisions Page 17 LocaƟon of Building and Structures on a Lot 3.2(1) No building or structure may be placed, erected, or altered so that any part of it (a) is less than (i) 15 metres from the boundary of an arterial or collector highway; or (ii) 7.5 metres from the boundary of a street or highway other than an arterial or collector highway; (b) with respect to a side lot line, is within 3 metres; or (c) is within 3 metres of a rear lot line. 3.2(2) Notwithstanding paragraph 3.2(1)(a), no building or structure may be placed, erected, or altered unless any part of it has an average set--back distance of the equivalent distances to the boundary of a street or highway of any buildings or structures located within 30 metres on either side of the building or structure to be placed, erected, or altered. Parking Standards 3.3 Oﬀ--street vehicular parking spaces, not less than eighteen square metres in area and with adequate access, shall be provided as follows: (a) for a dwelling - one space for each dwelling unit; (b) for a retail store, or restaurant - one space for every eighteen square metres of public ﬂoor area; (c) for a service or repair shop - one space for every twenty--seven square metres of ﬂoor area used for providing services; (d) for a business or professional oﬃce, medical or dental clinic - one space for every thirty--six square metres of ﬂoor area; (e) for an industrial occupancy - one space for every thirty--six square metres of ﬂoor area or storage space; (f) for a bed--and--breakfast, country inn, motel, or hotel - one space and an addiƟonal space for every unit; (g) for a public or private school - two spaces and an addiƟonal space for every classroom; (h) for an insƟtuƟonal use such as a community hall, church, or place of public assembly - one space for every ten square metres of ﬂoor area; Loading Standards 3.4 Oﬀ--street spaces not less than nine metres long, three and one--half metres wide and four metres high, with access thereto, shall be provided for loading for every building or structure used for any purpose involving the use of vehicles for the receipt or distribuƟon of materials, in accordance with the following requirements: (a) one space for a building or structure with a total ﬂoor area up to and including 1727 square metres; (b) two spaces for a building or structure with a total ﬂoor area over 1727 square metres and up to and including 4545 square metres; (c) an addiƟonal space for each 4545 square metres, or fracƟon thereof, of total ﬂoor area thereof in excess of the ﬁrst 4545 square metres. Page 18 Home--Based Business 3.5(1) Where permiƩed, a class 1 home--based business may be conducted in a residenƟal dwelling subject to the following condiƟons: (a) the home--based business shall be clearly secondary to the main residenƟal use and there shall be no change to the outside appearance of the dwelling or premises or any visible evidence of conduct of a home--based business, except for a sign permiƩed under the future Signage By--Law; (b) no more than 30% of the ﬂoor area of the dwelling unit may be used for the home--based business; (c) with the excepƟon of vehicles designed and used primarily for travel on public highways, there shall be no outdoor storage of goods, equipment, or materials associated with the home--based business; (d) the premises shall not be used for auto repair, painƟng or washing, machinery repair or rental, welding or any other industrial use, a convenience store, restaurant, tanning centre, laundry services, sharpening services, or any rental or retail operaƟon, except where retail is accessory to the producƟon of goods or craŌs produced on the premises or the provision of a service; and (e) the home occupaƟon shall not produce any smoke, fumes, obnoxious odours, noise, vibraƟon, heat, humidity, glare, or electronic interference so as to be easily observed beyond the limits of the property in which the home--based business is conducted. 3.5(2) Where permiƩed, a class 2 home--based business may be conducted subject to the following condiƟons: (a) the home--based business shall not consist of a salvage yard or used car lot and there shall be only incidental and minimal use or storage of toxic or ﬂammable materials; and (b) the home--based business shall not consist of a convenience store, restaurant, or retail operaƟon except where retail is accessory. Lot Occupancy 3.6 No single family or two family dwelling may occupy more than 35% of the area of the lot on which they are located. Topsoil Removal 3.7 No person shall strip, excavate, or otherwise remove topsoil for sale, other commercial use, or personal use from a lot or other parcel of land, except where permiƩed or where, in connecƟon with the construcƟon of a building or structure, there is an excess of topsoil other than that required for grading and landscaping. Standards for Gravel Pits and Quarries 3.8(1) The ﬁnal perimeter of all excavaƟon sites for gravel pits shall not be located within (a) 30 metres of a road, street, highway, easement, or right--of--way; (b) 100 metres from the foundaƟon of any building; (c) 100 metres of a private water supply well; (d) 50 metres of the ordinary high water mark or bank or a watercourse; (e) 50 metres of a residenƟal property boundary; and (f) 15 metres of a lot line of an abuƫng non--residenƟal property. 3.8(2) The ﬁnal perimeter of all excavaƟon sites for quarries shall not be located within (a) 30 metres of a road, street, highway, easement, or right--of--way; (b) 200 metres from the foundaƟon of any building; (c) 600 metres of a private water supply well; (d) 75 metres of the ordinary high water mark or bank or a watercourse; (e) 100 metres of an adjacent residenƟal property boundary; and (f) 50 metres of an adjacent non--residenƟal property boundary. Page 19 3.8(3) All pit and quarry operaƟons shall have adequate signage posted around the perimeter, and visible from any access, warning people of any dangerous situaƟon associated with the operaƟon, such as, but not limited to, blasƟng, steep slopes, or open holes. 3.8(4) All pit and quarry operaƟons shall have gates at all accesses which shall be closed and locked when the site is not in use. 3.8(5) A landscaped buﬀer of at least 10 metres shall be maintained between the ﬁnal perimeter of any pit or quarry and any public street or adjacent property. 3.8(6) The excavaƟon site (a) shall not damage any adjacent property; and (b) shall not serve as a storage place or dump for toxic materials, scrap iron, domesƟc wastes, construcƟon residues or any other material likely to be harmful to the environment. Dwellings per Lot 3.9 No more than one building, containing one or more dwelling units, shall be erected on any lot except for the following: (a) a lot within a "CR" Zone; (b) a mobile or mini home park; (c) a lot containing a garden suite, as per the requirements of secƟon 3.1; and (d) a lot wherein dwellings are so located that they would be in conformity with the provisions of this By--Law if the lot was divided into separate lots, each abuƫng a publicly--owned street and containing one dwelling. Lot Sizes -- Lot Requirements 3.10(1) No building or structure may be built, located or relocated, altered or replaced on a lot unless the lot meets the requirements of this secƟon. 3.10(2) Where a lot is serviced by both a water system for public use and a sewer system for public use, the lot shall have and contain: (a) for a single family dwelling or a building or structure not used for residenƟal purposes, (i) a width of at least 18 metres, (ii) a depth of at least 30 metres, and (iii) an area of at least 545 square metres; (b) for a two family dwelling, (i) a width of at least 23 metres, (ii) a depth of at least 30 metres, and iii) an area of at least 818 square metres; (c) for a three family dwelling, (i) a width of at least 27 metres, (ii) a depth of at least 30 metres, and (iii) an area of at least 1,090 square metres; and (d) for a mulƟple family dwelling, (i) a width of at least 36 metres, plus 1.5 metres for each dwelling unit in excess of six, (ii) a depth of at least 30 metres, and (iii) an area of at least 1,272 square metres, plus 68 square metres for each dwelling unit in excess of four. Page 20 3.10(3) Where a lot is serviced by a sewer system for public use, and not by a water system for public use, the lot shall have and contain: (a) for a single detached dwelling or a building or structure not used for residenƟal purposes, (i) a width of at least 23 metres, (ii) a depth of at least 30 metres, and (iii) an area of at least 672 square metres; (b) for a two family dwelling, (i) a width of at least 27 metres, (ii) a depth of at least 30 metres, and (iii) an area of at least 1,022 square metres; (c) for a three family dwelling, (ii) a depth of at least 30 metres, and (d) for a mulƟple family dwelling, (i) a width of at least 36 metres, plus 1.5 metres for each dwelling unit in excess of four, (ii) a depth of at least 30 metres, and (iii) an area of at least 1,545 square metres, plus 102 square metres for each dwelling unit in excess of four. 3.10(4) Where a lot is not serviced by a sewer system for public use, the lot (a) shall have and contain: (i) a width of at least 54 metres, (ii) a depth of at least 38 metres, and (iii) an area of at least 4,000 square metres; and (b) shall not be used as the locaƟon for a two family dwelling, a three family dwelling or a mulƟple family dwelling. 3.10(5) Notwithstanding subsecƟon (4), where a lot is to be serviced by a private sewage disposal system and has been approved by the district medical health oﬃcer, the lot may be used as the locaƟon for (a) a two family dwelling, where the lot has and contains: (i) a width of at least 59 metres abuƫng a public street, and (ii) an area of at least 5,350 square metres; (b) a three family dwelling, where the lot has and contains: (i) a width of at least 63 metres abuƫng a public street, and (ii) an area of at least 6,700 square metres; (c) a mulƟple family dwelling, where the lot has and contains: (i) a width of at least 68 metres abuƫng a public street, and (ii) an area of at least 8,050 square metres; or (d) a group home or a special care home, where the lot abuts a public street. 3.10(6) Any lot exisƟng prior to the adopƟon of this By--Law, not meeƟng the requirements of secƟon 3.10 or a single family dwelling, may be used for a single family dwelling, if approved by the Department of Public Safety, on the installaƟon of a sepƟc tank or disposal ﬁeld. Backyard Chickens 3.11 An occupant of a lot shall be permiƩed the holding of a combinaƟon of up to ten hens provided the following provisions are met: (a) the lot has an area of at least 4,000 square metres (1 acre), (b) a roofed enclosure consisƟng of a chicken coop connected to a chicken run is required and shall be fully enclosed by wired fencing and impermeable to predators, (c) the enclosure shall be visually screened from a public street and neighbouring properƟes, (d) any manure or waste material shall be removed from the site, or composted, on a regular basis, and (e) the acƟvity is registered with the Clerk. Page 21 Section 4 -- Zones ResidenƟal -- "R" Zone 4.1(1) In an "R" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a single family dwelling, (ii) a park or playground, (iii) a special care home, and (iv) a community hall; (b) one or more of the following secondary uses: (i) a community day care home, (ii) a class one home--based business, subject to subsecƟon 3.5(1), (iii) a garden suite, subject to secƟon 3.1 and applicable legislaƟon, (iv) an accessory dwelling unit, and (v) backyard chickens; and (c) any accessory building, structure, or use incidental to the main use of the land building or structure if such main use is permiƩed by this secƟon, subject to 4.1(2). 4.1(2) No accessory building or structure may have an area greater than 112 square metres. Rural ResidenƟal -- "RR" Zone 4.2(1) In a "RR" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a single family dwelling, (ii) a park or playground, (iii) a special care home, and (iv) a community hall; (b) one or more of the following secondary uses: (i) a community day care home, (ii) a class one home--based business, subject to subsecƟon 3.5(1), (iii) a hobby farm, (iv) an accessory dwelling unit, (iv) a garden suite, subject to secƟon 3.1, and (v) backyard chickens; and (c) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. 4.2(2) Notwithstanding secƟon 3.10 no land, building, or structure shall be used for the keeping of livestock, with the excepƟon of backyard chickens, unless it is located on a lot that has and contains: (a) a width of at least 59 metres, and (b) an area of at least 1 hectare. Page 22 Mini Home Park -- "MP" Zone 4.3 In a "MP" zone, any land, building, or structure may be used for the purpose of, and for no other purpose than, (a) one or more of the following main uses: (i) a mini home park, (ii) a mini home, (iii) a mobile home, and (iv) a single family dwelling; (b) the following secondary uses: (i) a park, playground, or open space, and (ii) a class 1 home--based business, subject to subsecƟon 3.5(1); and (c) any accessory buildings, structures, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. Rural -- "RU" Zone 4.4(1) In a "RU" Zone, any land, building, or structure may be used for no other purpose than, a) one or more of the following main uses: (i) a single family dwelling, (ii) a two family dwelling, (iii) three family dwelling, (iv) a mulƟple family dwelling, (v) a mini home, (vi) a special care home, (vii) a day care centre, (viii) an outdoor recreaƟonal use, park, playground, or open space, (ix) a stable, (x) a church or other religious building, (xi) veterinary services, (xii) a community care facility, (xiii) a contractor's yard, subject to terms and condiƟons as may be set by the Commission, (xiv) a community hall, (xv) a forestry use, (xvi) a recreaƟonal facility, (xvii) a medical or dental clinic, (xviii) a convenience store, subject to terms and condiƟons as may be set by the Commission, (xix) a hunƟng or recreaƟon camp, (xx) an agricultural operaƟon, subject to terms and condiƟons as set by the Commission, (xxi) a cemetery, (xxii a restaurant, (xxiii) a legal services, architectural, or engineering oﬃce, and (xxiv) a school; (b) one or more of the following secondary uses: (i) a class 1 home--based business, (ii) a class 2 home--based business, (iii) a garden suite, subject to secƟon 3.1, (iv) a community day care home, (v) a bed--and--breakfast or country inn, and (vi) backyard chickens; and (c) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. 4.4(2) In the Rural - "RU" Zone, new large scale residenƟal subdivisions, as deﬁned by this By--Law, shall only be permiƩed subject to an amendment to this rural plan. Page 23 4.4(3) Notwithstanding secƟon 3.10, no land, building, or structure shall be used for the keeping of livestock, with the excepƟon of backyard chickens, unless it is located on a lot that has and contains: (a) a width of at least 59 metres, and (b) an area of at least 1 hectare. Industrial -- "I" Zone 4.5 In an "I" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a batching plant, (ii) a bulk fuel depot, (iii) a warehouse, (iv) a salvage yard, (v) a transportaƟon terminal, (vi) heavy equipment sales and service, (vii) a manufacturing operaƟon, (viii) a boarding kennel, and (ix) a main use permiƩed in the "CLI" Zone; and (b) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. Commercial and Light Industrial -- "CLI" Zone 4.6 In a "CLI" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) an automoƟve sales or rental establishment, (ii) an automobile repair shop, (iii) a service or repair shop, (iv) a self--service storage facility, (v) a restaurant or beverage room, (vi) a convenience store, (vii) a retail store, (viii) an aucƟon centre, (ix) a business oﬃce, (x) a personal service establishment, (xi) a service staƟon, (xii) heavy equipment sales and service, (xiii) a medical or dental clinic, (xiv) a transportaƟon terminal, subject to terms and condiƟons (xv) a warehouse, subject to terms and condiƟons, and (xvi) a manufacturing operaƟon subject to terms and condiƟons; (b) one or more of the following secondary uses: (i) an aƩached or single family dwelling, and (ii) a mulƟple family dwelling; and (c) any accessory building, structure, or use incidental to the main use of the land building, or structure if such main use is permiƩed by this secƟon. Page 24 Commercial and Light Industrial 2 -- "CLI 2" Zone 4.7 In a "CLI 2" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a portable asphalt plant, and (ii) a main use permiƩed in the "CLI" Zone; (b) one or more of the following secondary uses: (i) an aƩached or single family dwelling, and (ii) a mulƟple family dwelling; and (c) any accessory building, structure, or use incidental to the main use of the land building, or structure if such main use is permiƩed by this secƟon. Commercial RecreaƟonal -- "CR" Zone 4.8 In a "CR" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a ﬁtness centre, (ii) a golf course, (iii) a shooƟng range, subject to terms and condiƟons that may be set by the Commission, (iv) a hotel or motel, and (v) a commercial recreaƟon establishment; and (b) any accessory building, structure, or use incidental to the main use of the land building or structure if such main use is permiƩed by this secƟon. Commercial, RecreaƟonal and ResidenƟal Mixed - "CRRM" Zone 4.9 In a " CRRM" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a ﬁtness centre, (ii) a golf course, (iii) a hotel or motel, (iv) a commercial recreaƟon establishment, (v) a restaurant , (vi) an apartment building, and (vii) townhouse dwellings; and (b) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. Resource and ConservaƟon -- "R&C" Zone 4.10 In a "R&C" Zone, any land, building, or structure may be used for the purposes of, and for no other purposes than, (a) one or more of the following main uses: (i) a conservaƟon use, (ii) a forestry use, (iii) an agricultural operaƟon, (iv) a hunƟng or recreaƟon camp, (v) a campground, (vi) an outdoor recreaƟonal facility, park, or playground, (vii) a community hall, (viii) a gravel pit, and (ix) a quarry; and (b) any accessory building, structure, or use incidental to the main use of the land building or structure if such main use is permiƩed by this secƟon. Page 25 Yoho Lake -- "YL" Zone 4.11(1) In a "YL" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a single family dwelling, (ii) a park, (iii) a special care home, (iv) a community hall, (v) a hunƟng or recreaƟon camp, (vi) a forestry use, and (vii) a convenience store, subject to terms and condiƟons as may be set by the Commission; (b) one or more of the following secondary uses: (i) a community day care home, (ii) a class 1 home--based business, subject to subsecƟon 3.5(1), (iii) a class 2 home--based business, subject to subsecƟon 3.5(2), provided the lot is at least one acre in area and may be subject to addiƟonal terms and condiƟons as set by the Commission, and (iv) a garden suite, subject to secƟon 3.1 and applicable legislaƟon; and (c) any accessory building, structure, or use incidental to the main use of the land building or structure if such main use is permiƩed by this secƟon. Gravel Pit -- "GP" Zone 4.12 In a "GP" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a gravel pit, subject to secƟon 3.8, and (ii) any main or secondary use permiƩed in a Rural - "RU" Zone, subject to applicable provisions contained therein; and (b) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. Commercial Kennel -- "CK Zone" 4.13 In a "CK" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a kennel, and (ii) any main or secondary use permiƩed in a Rural - "RU" Zone, subject to applicable provisions contained therein; and (b) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. Mixed Use -- "MU" Zone 4.14 In a "MU" Zone, any land, building, or structure may be used for no other purpose than, (a) one or more of the following main uses: (i) a self--service storage facility, and (ii) any main or secondary use permiƩed in a Rural - "RU" Zone, subject to applicable provisions contained therein; and (b) any accessory building, structure, or use incidental to the main use of the land, building, or structure if such main use is permiƩed by this secƟon. Page 26 CERTIFICATION: This is to certify that By-Law 11-2016, "The rural community of Hanwell Rural Plan" has been enacted by the Council of the rural community of Hanwell; and that said By-Law was: Read for the first time by title on February 10, 2016, Read for the second time by title on February 10, 2016, Read for the third time by section title, and by title on March 9, 2016, And that said readings have been carried out in accordance with the provisions of Section 12 of the Municipalities Act R.S.N.B 1973 C.M. 22, and the amendments thereto ________________ Susan Cassidy, Mayor ________________ Melanie Frost, Clerk