Community of Linkletter 2016 Zoning and Subdivision Control Bylaw — full text

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REPORT N° 151-08721 ## 2016 ZONING AND SUBDIVISION CONTROL BYLAW COMMUNITY OF LINKLETTER  ## Effective Date The effective date of the 2016 Zoning and Subdivision Control Bylaw is the date as signed below by the Minister of Communities, Land & Environment, Hon. Robert Mitchell. ## Authority - Bylaw The Council for the Community of Linkletter, under authority vested in it by sections 11, 15, 18 and 19 of the Planning Act R.S.P.E.I 1988 Cap P-8 hereby enacts as follows: ## First Reading: The 2016 Zoning and Subdivision Control Bylaw was read for the first time at the Council Meeting held on the 19th day of April, 2016, The 2016 Zoning and Subdivision Control Bylaw was approved by a majority of Councillors present at the council meeting held on the 19th day of April, 2016. ## Second Reading: The 2016 Zoning and Subdivision Control Bylaw was read for a second time at the Council meeting head on the 3rd day of May, 2016 The 2016 Zoning and Subdivision Control Bylaw was approved by a majority of Councillors present at the council meeting held on the 3rd day of May, 2016 ## Adoption and Approval by Council: The 2016 Zoning and Subdivision Control Bylaw was adopted by a majority of Councillors present at the council meeting held on the 3rd day of May, 2016 The 2016 Zoning and Subdivision Control Bylaw was declared to be passed on the 3rd day of May, 2016      Dabattle, (signature sealed) Chief Administrative Officer (signature sealed) Ministerial Approval The 2016 Zoning and Subdivision Control Bylaw is hereby approved. Roht Mitchell Hon. Robert Mitchell, Minster of Communities, Land and Environment ## 2016 Zoning and Subdivision Control Bylaw Community of Linkletter To adopt the Community of Linkletter 2016 Zoning and Subdivision Control Bylaw ## Contents | 1 | Scope ...2 | |---------------------------------------------------------------------------|---------------------------------------------------------------------------| | 2 | Development Zones ...3 | | 3 | Administration .3 | | 4 | Development Permit Application Process 4 | | 5 | General Provisions for all Zones 6 | | 6 | Agricultural Zone (A1) ...11 | | 7 | Residential Zone (R1) ... ....12 | | 8 | Recreation and Public Open Space Zone (01). ...13 | | 9 | General Provisions for Subdivision. ...14 | | Appendix 1: Official Zoning Map... ....19 | Appendix 1: Official Zoning Map... ....19 | | Appendix 2: Definitions. ...20 | Appendix 2: Definitions. ...20 | | Appendix 3: Province-wide Minimum Development Standards Regulations ...26 | Appendix 3: Province-wide Minimum Development Standards Regulations ...26 | | Appendix 4: Special Planning Area Regulations .. ...35 | Appendix 4: Special Planning Area Regulations .. ...35 | This bylaw is made under the authority of the Planning Act, R.S.P.E.I. 1988, c. P-8. BE IT ENACTED by the Council of the Community of Linkletter as follows: ## 1 Scope ## 1.1 Title 1. This bylaw shall be known as and may be cited as the Community of Linkletter Zoning and Subdivision Control Bylaw (2016). ## 1.2 Area Defined - has jurisdiction. 1. This bylaw applies to the geographical area within which the Council of the Community of Linkletter ## 1.3 Scope 1. All land use activity including the allowance of any dwelling, business, trade or other operation, alterations and erections of any building or structure, and any subdivision of lands shall be in conformance and subject to the provisions of this bylaw. ## 1.4 Administration 1. Council shall administer and enforce this bylaw. 2. Council may appoint an Administrator, whom will have the authority to administer this bylaw. 3. The Administrator may enter a building or a premise, with reasonable notice and at a reasonable hour in the performance of duties with respect to the administration and enforcement of this bylaw. 4. Where the Administrator is unable to determine whether the proposed development conforms to this bylaw, the Administrator may forward the application to Council for a decision. ## 1.5 Units of Measurement 1. All official measurements in this bylaw are in metric. Where imperial measurements are provided, they are for information purposes only. ## 1.6 Language 1. In this Bylaw: 1. words used in the present tense include the future tense; 2. words in the singular number include the plural; 3. words in the plural include the singular; 4. the word "used" includes "arranged, designed or intended to be used"; 5. the word "may" is permissive and not mandatory; and 6. the word "shall" is mandatory and not permissive. ## 2 Development Zones ## 2.1 Zones 1. For the purposes of this bylaw, all lands within the Community shall be designated as one of the following zones and may be referred to by the following symbols: | Zone | Symbol | |---------------------------------------|----------| | Agricultural Zone | A1 | | Residential Zone | R1 | | Recreation and Public Open Space Zone | 01 | ## 2.2 Zoning Map - The boundaries of each zone are shown on the Official Zoning Map (Appendix 1). A large copy of this map shall be filed with the Administrator. 2. Appendix 1 may be cited as the Official Zoning Map and forms a part of this bylaw. ## 2.3 Interpretation of Zones 1. Boundaries of all zones shall be determined as follows: - a. Where a zone boundary is indicated as following a private road or highway, the boundary shall be the centerline of such private road or highway; - b. Where a zone boundary is indicated as following lot lines, the boundary shall be such lot lines; - c. Where a zone boundary is indicated as following the limits of the Community, the limits shall be the Community boundary; and - d. Where none of the above provisions apply, the zone boundary shall be scaled from the original Official Zoning Map lodged with the Community. ## 3 Administration ## 3.1 Development Approval 1. No person shall: - a. Change or intensify the existing use of a parcel, structure or building; - b. Commence development; - c. Erect, construct or place a structure or building, including a fence greater than 1.22 m (4 ft.) in height; - d. Make structural alterations to a structure or building; - e. Move or undertake the demolition of a structure or building; - f. Subdivide a parcel. without first applying for, and receiving a Development Permit. 2. For the purpose of this bylaw: - a. Laying paving material for a patio or sidewalk; - b. Constructing a fence 1.22 m (4 ft.) in height or less; - c. Growing a crop or preparing land for a crop; - d. Making landscaping improvements; - e. Replacing a deck with a new deck of the same area, height and location; and - f. Conducting routine maintenance. shall not be interpreted as a change of use, or constructing or placing a structure or building, and shall not require a Development Permit. 3. A Development Permit shall be issued prior to commencing any construction, erection, demolition, movement, change of use of any lot or building, or any type of site excavation. 4. Development applications shall comply with all applicable provincial statutes, regulations and other enactments, and confirmation that the proposed development is in compliance with such enactments shall be submitted with the development application, including but not limited to: - a. An on-site sewerage disposal system permit as required, for any development that will be connected to a sewerage disposal system, from the provincial government department responsible for the Environmental Protection Act. - b. A highway entrance way permit as required, for any development that involves a new entrance way, or that involves the change of use or intensification of use of an existing entrance way, from the provincial government department responsible for the Roads Act. ## 4 Development Permit Application Process ## 4.1 Development Permit Application 1. All Development Permit applications shall be signed by the owner of the property, or by the authorized agent of the owner, on the appropriate forms prescribed by Council, and the application shall be submitted to the Administrator. 2. All Development Permit applications shall be submitted with the application fee as set by Council. 3. The Administrator shall notify the owner, in writing, if the application is incomplete or if it is lacking in plan details. Additional information or documentation required shall be communicated to the owner by the Administrator. 4. Any additional costs incurred by the Community with respect to the Development Permit application (clerical, legal, or other) shall be reimbursed to the Community by the owner prior to the issuance of the Development Permit. No additional costs will be charged to the owner after the Development Permit has been issued. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 5. Upon being satisfied that the proposed development is in conformity with all relevant provisions of this bylaw, as well as any other relevant bylaws and policies within the Community, and upon receipt of the application fee, the Administrator may approve the Development Permit. 6. A Development Permit shall be valid for one (1) year from the date of issue, after which time the owner may apply for and receive a renewal of the Development Permit before continuing any development. A Development Permit may be renewed once for up to one (1) year. 7. Notwithstanding subsection 6, Council may revoke or cancel a Development Permit within twelve (12) months of date of issue if construction has commenced on a location or in a manner contrary to the provisions of this bylaw or as indicated on the Development Permit application. ## 4.2 Variance 1. Council may grant a variance of up to 10% of the provisions of this bylaw, provided the general intent of the bylaw is upheld, and provided that: - a. The lot has peculiar physical conditions, such as a small lot area, irregular lot shape, exceptional topographical conditions, or other feature, which make it impractical to develop in strict conformity with the bylaw standards; - b. Strict application of the bylaw standards would impose undue hardship on the owner by excluding them from the rights and privileges for reasonable use of their lot as enjoyed by other persons in the same zone; - c. The variance is of the least magnitude required to enable reasonable use of the lot; and - d. The proposed variance would not impact unduly on the enjoyment of adjacent properties, or on the essential character of the surrounding neighbourhood. ## 4.3 Approval or Denial of Development Permit Application 1. Council may attach such conditions to a Development Permit that are directly related to, or consistent with the provisions of this bylaw, any other bylaw in force within the Community, or any policy contained within the Official Plan. 2. If an application does not conform to the provisions of this bylaw or any other relevant bylaw in force within the Community, and a minor variance cannot be granted, Council shall instruct the Administrator to notify the owner, in writing, that the Development Permit is denied, based on Council's stated reasons. ## 4.4 Bylaw Amendments 1. Any person desiring an amendment to the provisions of this bylaw shall apply to Council in writing describing the reason(s) for the desired amendment and requesting Council to consider the proposed amendment. 2. Council shall determine whether to pursue an amendment and before making a decision shall consider whether the proposed amendment is in conformity with the Official Plan. 3. No amendment shall be made to this bylaw except in accordance with the requirements of Planning ## 4.5 Appeals and Enforcement 1. Any person who is dissatisfied with the administration of this bylaw by Council may appeal certain decisions to the Island Regulatory & Appeals Commission, in accordance with the Planning Act. 2. Any person who violates any provision of this bylaw is guilty of an offence, and liable to summary conviction to the penalties set forth in the Planning Act. ## 5 General Provisions for all Zones ## 5.1 Access to Public Road 1. No Development Permit shall be issued unless the lot intended to be used or upon which the building or structure is to be erected has frontage on a highway, unless: - a. The distance of the lot from the highway is a minimum of 45.7m (150ft); - b. Access to the lot is by way of a legally defined driveway or private road; and - c. The lot area meets the minimum requirements of this bylaw. ## 5.2 Accessory Apartments 1. One (1) accessory apartment may be constructed in or as an addition to an existing single detached dwelling under the following conditions: - a. Adequate off-street parking is provided for both the single detached dwelling and the accessory apartment in accordance with the parking requirements in this bylaw; - b. The design of the accessory apartment meets the requirements of the provincial Fire Marshal's Office; - c. The intensification of use and proposed upgrades, if required, to the on-site water supply and sewerage disposal system(s) must be approved by the provincial government department responsible for administering such regulations; - d. The accessory apartment shall not contain more than two bedrooms; - e. All other provisions of the bylaw remain applicable to the dwelling. 7. An accessory apartment located within an accessory building is subject to the following additional requirements: - a. An accessory apartment located within an accessory building is not permitted in the R1 Zone. - b. The main dwelling shall not contain an accessory apartment. - c. The minimum setback of the accessory building shall be the minimum setback of the main building in the zone. ## 5.3 Accessory Buildings 1. An accessory building shall be permitted only if it is clearly incidental in use to the main building located on the same lot. 2. An accessory building shall not: - a. Be located in the front yard; - b. Be closer than 4.6m (15ft) from any lot line, except for an accessory building that is: - i. Less than 20m' (215 ft?) in area; and - ii. Is raised on piles or sono-tubes and will not affect the natural and existing surface water drainage flow on the lot, In which case, the accessory building shall not be closer than 1.8 m (6 ft) from any lot line. 3. An accessory building that is attached to a dwelling shall be considered as part of the dwelling. 4. A mini home may only be used as an accessory building on a lot provided that: - a. The lot is an active farm in the A1 Zone; - b. The mini home shall not be placed less than 152.4m (500ft) from a mini home on an ## 5.4 Adjacent Land Uses 1. A public service and institutional use, neighbourhood convenience store, or personal service shop may be established on a lot adjacent to an existing residential use if: - a. The lot has a minimum of 2,788m' (30,000ft2) in lot area; - b. A buffer of not less than 4.6m (15ft) wide along the street line across from the residential use and along the lot line of any adjacent residential uses is: 4. Maintained and properly landscaped; 5. Free of parking spaces; and 6. Free of buildings or structures - C. Has no outdoor storage of materials; and - d. All exterior lighting and lighted signs are arranged so as to deflect light away from adjacent properties. 2. New agricultural livestock operations shall not be located within 152.4 m (500 ft.) from the R1 Zone. ## 5.5 Existing Non-conforming Uses, Buildings and Lots 1. Subject to the provisions of this bylaw any the use of land, a building or structure, or a vacant lot having less than the minimum frontage or lot area, lawfully in existence on the effective date of this bylaw may continue to exist. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 2. No structural alterations that would increase the exterior dimensions of a non-conforming building or structure, except as required by statute or bylaw, shall be made to a building or structure while a non-conforming use thereof is continued 3. Any non-conforming lot shall be exempt from the minimum lot area requirements of this bylaw, provided that all other requirements of this bylaw and applicable provincial government regulations are satisfied. 4. Any non-conforming use, including existing commercial, industrial, public service and institutional uses within the A1 Zone, shall not be increased in floor area in excess of 1,186 m' (2,000 ft?). ## 5.6 Fences 1. Notwithstanding any other provision of this by-law, a fence may be placed or located in a yard. 2. Except for a security fence of chain link construction for a commercial use, industrial use or agricultural use, no fence may exceed 3.05 m (10 ft) in height. 3. Except for an active farm, no fence may be electrified or incorporate barbed wire or other dangerous material in its construction. ## 5.7 Home Occupations and Bed and Breakfast Operations 1. A commercial use may be located in a single detached dwelling or an accessory building to a single detached dwelling provided that: - a. The owner of the commercial use ordinarily resides in the dwelling; - b. Not more than two (2) employees live outside the dwelling; - c. Not more than 50% of the floor area of the dwelling is used for the commercial use; - d. Adequate off-street parking is provided for both the dwelling and the commercial use in accordance with the parking requirements in this bylaw; - e. No outdoor storage of materials or product display is used in conjunction with the commercial use; and - f. The external appearance of the dwelling is not altered. 2. The following commercial uses are not permitted in a dwelling, or in an accessory building to a dwelling: - a. An automobile shop, body shop, service station or repair shop; - b. An entertainment facility; - c. A restaurant; and - d. A convenience store. 3. A bed and breakfast shall comply with the requirements of a commercial use in a dwelling, and is subject to the following: ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) - a. The intensification of use and necessary upgrades to on-site sewerage and water supply systems) shall be approved by the responsible provincial government department; - b. Adequate parking to service the dwelling and sleeping units is provided on the lot according to the parking provisions in this bylaw; and - c. The bed and breakfast is licensed under any applicable statute, regulation or other enactment. ## 5.8 Licenses, Permits, and Compliance with Other Bylaws 1. Nothing in this bylaw shall exempt a person from complying with the requirements of any other bylaw of the municipality or from obtaining any license, permission, permit, authority, or other approval required by any other bylaw of the municipality or any statute, regulation, or other enactment of the provincial government or the Government of Canada. 2. Where the provisions of this bylaw conflict with those of any other bylaw of the municipality the highest, strictest or most stringent provision shall prevail. ## 5.9 One Occupied Building on a Lot 1. No person shall erect more than one (1) main building on lot approved for residential use. 2. No person shall place more than one (1) occupied travel trailer on a lot unless the lot in question is an approved campground. ## 5.10 Parking 1. Parking standards shall be consistent with the provisions of Table 1 - Parking Standards. 2. Where the parking requirement is greater than 0.5 of a parking space and less than 1.0, it shall be deemed to be a requirement for one (1) additional parking space. 3. A parking space shall have a minimum size of 3m (10ft) by 6m (20ft), and shall have clear access to a maneuvering lane. ## Table 1 - Parking Standards | Land Use | Parking Spaces Required | |------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------| | Dwelling | 1.5 for each dwelling or sleeping unit; minimum of 2 spaces | | Places of assembly: auditorium, theatre, church or hall | 1 per 5 seats | | Commercial uses: convenience store, personal service shop, business or professional offices, restaurant (including take out) | 1 per 9.3 m? (100 ft?); minimum of 10 | | Other | As required by Council | ## 5.11 Prohibited Uses 1. Any use not listed as a permitted use in the respective zone shall be prohibited unless otherwise specified. ## 5.12 Public Service and Institutional Buildings 1. All new public service and institutional uses shall, wherever practical, be connected to the Community's existing or planned pedestrian and public open space network, at no cost to the Community. ## 5.13 Swimming Pools 1. A swimming pool shall be permitted subject to the following conditions: - a. A 1.8 m (5.9 ft.) fence shall be constructed in such a manner so as to impede unauthorized persons from entering the swimming pool and the fence shall be aesthetically presentable to Council, which shall give preference to fences constructed of wood; - b. Water from the swimming pool shall be de-chlorinated and disposal shall be either through the sewerage disposal system or carried off the lot by truck unless otherwise authorized by Council; - c. The owner shall satisfy any other conditions related to the maintenance and safety of the swimming pool required by Council; and - d. The swimming pool shall not to be located in a yard that abuts a highway. ## 5.14 Temporary Structures 1. Temporary buildings or structures incidental to development on the premises shall be permitted as construction is in progress and up to a maximum of sixty (60) days after the completion of the development. ## 5.15 Watercourse and Wetland Protection 1. A buffer zone shall be in place for any watercourse or wetland in accordance with the Watercourse and Wetland Protection Regulations prescribed under the Environmental Protection Act. 2. Notwithstanding any other provision of this bylaw, no person shall erect any building or structure in the Community that is within 23 m (75ft) of any wetland or watercourse. ## 5.16 Wind Turbines 1. The owner of a wind turbine shall comply with, and Council shall be guided by, all applicable provincial statutes, regulations and other enactments related to wind turbines. 2. A wind turbine shall: - a. Only be permitted in the A1 and 01 Zones; - b. Not be located within the distance equal to three (3) times the total height of the wind turbine from any existing residential use or highway; - c. Not be permitted on a lot with a residential use; and - d. Not be permitted within 500 m (1640 ft.) of the R1 Zone. ## 6 Agricultural Zone (A1) ## 6.1 General 1. Except as provided in this bylaw, all buildings and structures or parts thereof erected, placed or altered on any lot used in an A1 Zone shall conform to the provisions of Section 6. ## 6.2 Permitted Uses 1. No building or part thereof and no lot shall be used for purposes other than: - a. Single detached dwelling (excluding mini homes); - b. Duplex or semi-detached dwelling; - C. Recreational and public open space uses; - d. Public service and institutional uses (maximum 1,86m? [2,000ft?] in floor area); - e. Agricultural uses, including farm buildings and structures; - f. Primary agricultural product warehouse; - g. Resource commercial uses; - h. Neighbourhood convenience stores; - i. Campground; - j. Personal service shops; - k. Tourist homes; - I. Accessory apartment; - m. Accessory buildings to the above. ## 6.3 Regulations for Permitted Uses 1. With the exception of agricultural uses all development shall conform with the following standards: | a. | Minimum lot frontage | 45.7m (150ft) | |------|---------------------------------------------------------------------------------------------------------------|-------------------------| | b. | Minimum front yard | 15.2m (50ft) | | C. | Minimum side yard | 4.6m (15ft) | | d. | Minimum rear yard | 7.6m (25ft) | | e. | Minimum flankage yard | 15.2m (50ft) | | f. | Maximum building height | 8.75 m (2 1/2 storeys) | | g. | Minimum lot area | See Appendix 3 | | h. | Minimum lot area for a multiple lot subdivision with both central sewerage disposal and water supply services | 2,322.6 m? (25,000 ft?) | | i. | Minimum lot area for residential uses | 13,277 m' (1 acre) | ## 6.4 Livestock Operations 1. Agricultural livestock operations shall comply with all applicable provincial statutes, regulations and other enactments, and confirmation that the proposed development is in compliance with such enactments shall be submitted with development applications. ## 6.5 Conversion of Industry-Related Land Uses 1. A lot which is deemed unsuitable for agricultural use may be converted to forestry use provided the conversion is undertaken through an established Forestry Management Program approved by the provincial government department responsible for the Forest Management Act. ## 7 Residential Zone (R1) ## 7.1 General 1. Except as provided in this bylaw, all buildings and structures or parts thereof erected, placed or altered on any lot used in an R1 Zone shall conform to the provisions of Section 7. ## 7.2 Permitted Uses 1. No building or part thereof and no lot shall be used for purposes other than: - a. Single detached dwelling; - b. Manufactured housing park; - C. Duplex or semi-detached dwelling; - d. Multi-unit dwelling (maximum of 4 units); - e. Recreational and public open space uses; - f. Park or playground; - g. Accessory apartment; - h. Accessory building to the above. ## 7.3 Regulations for Permitted Uses 1. All development shall conform with the following standards: | a. | Minimum lot frontage | 45.7m (150ft) | |------|---------------------------------------------------------------------------------------------------------------|-------------------------| | b. | Minimum front yard | 15.2m (50ft) | | C. | Minimum side yard | 4.6m (15ft) | | d. | Minimum rear yard | 7.6m (25ft) | | e. | Minimum flankage yard | 15.2m (50ft) | | f. | Maximum building height | 8.75 m (2 1/2 storeys) | | g. | Minimum lot area | See Appendix 3 | | h. | Minimum lot area for a multiple lot subdivision with both central sewerage disposal and water supply services | 2,322.6 m? (25,000 ft") | ## 8 Recreation and Public Open Space Zone (01) ## 8.1 General - Except as provided in this bylaw, all buildings and structures or parts thereof erected, placed or altered on any lot used in an 01 Zone shall conform to the provisions of Section 8. ## 8.2 Permitted Uses 1. No building or part thereof and no lot shall be used for purposes other than: - a. Recreational and public open space uses; - b. Park or playground; - Campground; 5. Accessory building to the above. ## 8.3 Regulations for Permitted Uses 1. All development shall conform with the following standards: | a. | Minimum lot frontage | 45.7m (150ft) | |------|---------------------------------------------------------------------------------------------------------------|-------------------------| | b. | Minimum front yard | 15.2m (50ft) | | C. | Minimum side yard | 4.6m (15ft) | | d. | Minimum rear yard | 7.6m (25ft) | | e. | Minimum flankage yard | 15.2m (50ft) | | f. | Maximum building height | 8.75 m (2 1/2 storeys) | | g. | Minimum lot area | See Appendix 3 | | h. | Minimum lot area for a multiple lot subdivision with both central sewerage disposal and water supply services | 2,322.6 m' (25,000 ft2) | ## 9 General Provisions for Subdivision ## 9.1 Subdivision Approval 1. No person shall subdivide one or more lots or any portion of a lot until the requirements of this bylaw have been complied with and the owner has received final approval from Council. 2. No person shall sell or convey any interest in a lot in a subdivision before Council has granted final approval of the subdivision in which the lot is situated. ## 9.2 Special Planning Area Conformity 1. Part IV of the Subdivision and Development Regulations prescribed under the Planning Act R.S.P.E.I. 1988, c. P-8, as may be amended (See Appendix 4), being the Special Planning Area Regulations, apply to subdivision, land use, and development in the Community. 2. Applications to subdivide land must be consistent with the Special Planning Area Regulations. ## 9.3 Requirements for Subdivision 1. No person shall subdivide a parcel unless the subdivision: - a. Conforms with the provisions of this bylaw and any applicable provincial statute, regulation, or other enactment; - b. Is suitable to the topography, physical conditions, soil characteristics, and natural surface drainage of the land; - c. Will not cause undue flooding or erosion; - d. Has safe and convenient highway access; - e. Has adequate utilities and services available, or can be conveniently provided with such utilities and services; 7. Will reasonably conform with existing land uses in the immediate vicinity; - g. Will provide for safe and convenient traffic flow; - h. Is designed so that lots will have suitable dimensions, shapes, orientation, and accessibility; - i. Is suitable to the use for which it is intended; - j. Is suitable to the future use of all adjacent lands; - k. Is designed so that all lots will have frontage on a highway; 1. Does not precipitate premature development, cause unnecessary public expenditure, or place undue pressures on the Community to provide services; and - m. Does not result in undue damage to the natural environment. 2. A subdivision application shall comply with the following: - a. No person shall subdivide a lot unless: - i. The existing parcel has a minimum frontage of 91.4m (300ft); and - ii. The proposed lot is in conformity with the requirements of this bylaw. - b. No person shall subdivide two (2) or more lots unless: 6. The existing parcel has a minimum frontage of 403.6m (1,320ft); in which case, one (1) lot may be subdivided for every 201.2m (660ft) /ot frontage interval; or 7. A private road is constructed to serve the proposed lots. - c. Any lot which is an existing parcel, a farm, or a lot created in conformity with the requirements of this bylaw shall require an entrance way; - d. An entrance way permit as required under the Highway Access Regulations prescribed under the Roads Act, shall be a precondition of the approval of a subdivision. ## 9.4 Subdivision Approval Process 1. Anyone proposing to subdivide land within the Community shall provide Council with written confirmation from the provincial government department responsible for administering the Planning Act confirming that the proposed subdivision suitable for an on-site sewerage disposal system. 2. Council shall evaluate any proposed subdivision to determine whether appropriate street design standards and lot configurations have been used to promote the development of safe, convenient, and pleasant neighbourhoods. 3. Council may consult with a provincial government official or private consultant, respecting the proposed subdivision. ## 9.5 Subdivision Agreement 1. Council may require an owner enter into a subdivision agreement as a condition of subdivision approval. 2. The subdivision agreement may cover, but is not limited to, the following matters: 3. The design and construction costs of sidewalks, water supply, sewerage disposal, and street lighting; - b. The integration of the subdivision and proposed development with the Community's existing or planned pedestrian and public open space network; 5. The dedication of land for public recreation purposes, or payment of a fee in lieu of land; - d. The deeding of highways to the provincial government; - e. The posting of a financial guarantee or bond satisfactory to Council; and - f. Assignment of costs associated with the drafting and execution of this agreement. 3. All subdivision agreements shall be registered in accordance with the provisions of the Registry Act, R.S.P.E.I. 1988, c. R-11. ## 9.6 Dedication of Land for Recreation and Public Open Space 1. Any person seeking subdivision of a lot into two (2) or more lots may be required to dedicate and deed to the Community, 10% of the lot area for recreation and public open space purposes, as per the following: - a. Council shall choose the location of the parkland, if any, within the subdivision that shall be deeded; and - b. The parkland shall be free of all encumbrances. 2. Where no dedication of land is deemed appropriate, Council may require a cash payment equivalent to 10% of the assessed value of the lot to be subdivided. Any monies collected shall be designated for the purchase and/or maintenance of recreation and public open space land or facilities. 3. A subdivision of a parcel greater than 10 acres in lot area for agricultural use is exempt from the requirement of providing a parkland dedication or cash-in-lieu fee. 4. A subdivision of a single lot from an existing parcel shall pay to Council a fee, the use of which shall be specifically for the purchase and/or maintenance of recreation and public open space land or facilities. ## 9.7 Subdivision Permit Application 1. Any person applying for a subdivision shall do so on a form prescribed by Council, and shall submit the application to the Administrator. 2. A subdivision application form shall be signed by the owner or the owner's authorized agent. 3. Subdivision applications submitted to the Administrator, shall be accompanied by four (4) copies of a properly scaled drawing showing the proposed subdivision with estimated dimensions of lots, location of structures and any significant natural or manmade features, and all streets and services, both existing and proposed. 4. The Administrator shall notify the owner, in writing, if the subdivision application is incomplete or lacking in plan details, and shall indicate any additional information or documentation required. ## 9.8 Subdivision Permit Application: Approval in Principal 1. The Administrator shall submit the completed subdivision application to Council for its review and instruction prior to the first scheduled Council meeting immediately following the date of receipt of the completed application for approval in principle. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 2. The Administrator on behalf of the Council, shall, within ten (10) working days of the date of Council's decision respecting the subdivision application, advise the owner in writing that the subdivision: - a. Is approved in principle; - b. Is approved in principle with conditions; or - c. Cannot be approved in principle, and shall state the reasons for Council's decision. 3. Any approval in principle which is given by Council shall be effective for a period not exceeding twelve (12) months from the date on which notice of approval in principal is given to the applicant in writing by the Administrator. 4. After the twelve (12) month period if the applicant has not applied for final approval, the approvalin-principle shall be rescinded. 5. After an application has been rescinded, if the owner wishes to apply for a new approval in principle, a new, proposed subdivision application must be submitted in conformance with all applicable provisions of this bylaw or any approved amendments thereto. ## 9.9 Subdivision Permit Application: Final Approval 1. An application for final subdivision approval from Council shall be submitted to the Administrator with eight (8) copies of a survey plan certified by a Prince Edward Island Land Surveyor. 2. Subdivision of parcels of land for agricultural uses greater than ten (10) acres in lot area shall not be required to submit certified survey plans for final approval. 3. The Administrator shall submit the application for final approval to Council for its review and instruction prior to the first scheduled Council meeting immediately following the date of receipt of the completed application for final approval. 4. The Administrator shall, within ten (10) working days of the date of Council's decision respecting the application for final approval, advise the owner in writing that final approval has been granted or denied, and shall, in the latter case, state the reasons for Council's decision. 5. Final approval of a subdivision shall not be given by Council until: - a. All agreements and other pertinent documents have been prepared and concluded to the satisfaction of Council; - b. All transactions involving the transfer of money or land in conjunction with the subdivision have been made to the satisfaction of Council; and - c. The subdivision has been surveyed and the survey plan has been certified by a Prince Edward Island land surveyor, where required by this bylaw. 6. Upon final approval being granted by Council and upon receipt of a subdivision permit fee: ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) - a. Council shall place its seal on all copies of the approved subdivision plan. - b. The Administrator shall retain one (1) copy of the approved subdivision plan for the Community's records, return at least one (1) copy to the owner, and file the remaining copies with the necessary provincial government departments. ## Appendix 1: Official Zoning Map  ## Appendix 2: Definitions For the purpose of this bylaw, all words shall carry their customary meaning except for those defined hereafter. In this bylaw: 1. Accessory building means a building whose use is incidental and subordinate to, and consistent with, the main or approved use of the lot on which the building is located. 2. Administrator means the person charged by the Council with the duty of administering the provisions of this bylaw. 3. Agricultural use means a use of land and buildings for farming, dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and livestock husbandry and the necessary accessory uses for packing, storing or treating the produce; for the purpose of this bylaw, an abattoir is excluded from this definition. 4. Alter or Alteration means to make a change in the size, shape, bulk or structure, whether interior or exterior, of a building or any part thereof, but does not include repairs carried out for the purposes of maintenance or non-structural renovation or improvement. 5. Buffer means a portion of any lot or parcel of land that is set aside to serve as a visual and spatial separation between the land use or activity that is carried out on the lot, and the land use or activity that is carried out on the lot adjacent to the buffer. 6. Building means any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal or chattel, and includes a mini home or modular home, a fabric storage shed, a tarp barn, a steel structure, a trailer box, or similar structure. 7. Building height means the vertical distance measured from the averaged finished grade to the highest point of roof surface. 8. Business or professional office means a premise where services are offered for a fee but does not include premises used for the retailing, wholesaling, manufacturing or conversion of goods. 9. Campground means a parcel of land used or permitted to be used by the travelling public that provides sites for tents, trailers, or motor homes and may also be called a RV park but shall not include industrial, work or construction camps or permanent manufactured housing parks. 10. Change of use means the change from one type of permitted use of a parcel of land or a building to another type of permitted use or an increase in the intensification of use, including an increase in the number of dwelling units. 11. Commercial use means the use of a building or land for the purpose of buying and selling goods and supplying services. 12. Community means the Community of Linkletter. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 13. Convenience store means a retail commercial establishment, supplying daily household necessities for the immediate surrounding area in which articles for sale are restricted to a limited range of primarily food and household items. 14. Council means the Council for the Community of Linkletter. 15. Demolition means to demolish, remove, pull down or destroy a structure. 16. Development means the carrying out of any construction operation, including excavation, in preparation for building, on, over or under land, or the making of any material change in the use, or the intensity of use of any land, buildings, or premises and includes the placing of structures on, over or under land. 17. Development Permit means the formal and written authorization for a person to carry out any development. 18. Display includes any item, group of items, sign, or billboard visible to the general public, indicating that items or services are offered for sale or trade. 19. Domestic animals means dogs, cats, budgies, parrots, parakeets, hamsters, gerbils, guinea pigs and fish. 20. Dwelling means a building or portion thereof designed, arranged or intended for residential use, and 9. Dwelling unit means one or more habitable rooms designed or intended for use by one or more individuals as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided; - ii. Single detached dwelling means a building containing one dwelling unit; - ili. Accessory apartment means a dwelling unit located within and subordinate to an existing dwelling; - iv. Duplex dwelling means a building that is divided into two dwelling units; - V. Semi-detached dwelling means a building divided vertically into two (2) separate units, each of which has at least two independent entrances; - vi. Multi-unit residential dwelling means a building containing three or more dwelling units. 21. Entrance way means a driveway providing access to and from a parcel to a highway. 22. Erect means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, filling or draining. 23. Existing parcel means a parcel of land that existed on July 9, 1994. 18. Farm means arable land, dwelling and complementary buildings containing at least ten (10) acres, operated as a farm enterprise and includes land leased from the Crown, but does not include land leased or rented from owner(s) who are not bona fide farmers. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 25. Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. 26. Floor area means the area contained within the outside walls of a building. 27. Forestry use means commercial silviculture and the production of timber or pulp and any uses associated with a forestry use, including sawmills, shingle mills, vehicle and equipment storage and maintenance buildings and yards and retail and wholesale outlets for wood and wood products. 28. Frontage means all land abutting on one side of a highway or private road measured along the common or actual property line. 29. Highway, road or street means all the area within the boundary lines of every right-of-way which is vested in the Province of Prince Edward Island or the community and used or intended for use by the general public for the passage of vehicles and includes any bridge over which any such road, street or right-of-way passes. 30. Industrial use means use of land or buildings in or from which goods or materials are manufactured, processed, assembled or extracted, or premises from which wholesale trade is carried on, including warehousing. 31. Intensification means the development of a property or lot at a higher density than previously existed and includes redevelopment or development within existing communities, infill development, or development on vacant lots or underdeveloped lots within a built-up area, conversion or the change of use of an existing structure or land use, and the creation of accessory apartments or other accommodation in dwellings. 32. Kennel means a building or structure where more than four (4) domestic animals excluding livestock are kept, bred and raised for profit or gain. 33. Livestock means horses, cattle, sheep, swine, goats, poultry, fox, mink, and rabbits. 34. Lot, parcel or property means a division of land or property which is recognized as a separate unit of land for the purposes of this bylaw. - i. Lot area means the total area included within the lot lines; - ii. Lot line means any boundary of a lot; 35. Lot consolidation means the legal incorporation of two or more existing parcels of land to form a single, larger parcel. 36. Main building means that building, the nature of the use of which determines the status of the lot upon which it is authorized to be constructed or upon which it is constructed. 37. Maintenance means those actions undertaken to prevent the deterioration of a building or structure, but does not include any alteration, design change, and/or replacement where such replacement involves a change in design. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 38. Manufactured housing park means a lot of land planned and developed for the placement of single detached dwellings, modular homes and mini homes. 39. Mini home means a pre-manufactured dwelling unit having a maximum width of 5.0 m (16.4 ft.) and is substantially assembled in a manufactured plant, designed to be transported as one integral unit and placed on a lot for year round occupation, not including appurtenances such as porches, entries, etc. 40. Modular home means a dwelling unit of at least 5.0 m (16.4 ft.) in width composed of components substantially assembled in a manufacturing plant and transported to the building lot for final assembly and installation on the lot. A modular home may consist of two sections transported to the site in a manner similar to a mini home or a series of panels or room sections transported on a truck and erected or joined together on a lot. 41. Municipality means the Community of Linkletter. 42. Open space means that portion of a lot which may be used for landscaping, recreational space or leisure activities normally carried on outdoors; but does not include space used for service drive-ways or off-street parking. 43. Outdoor storage means the storage of merchandise, goods, inventory, materials or equipment or other items which are not intended for immediate sale, by locating them outside. 44. Owner means a part owner, a joint owner, tenant in common or joint tenant of the whole or any part of any land or building and includes a trustee, and executor, and executrix, a guardian, and agent, or mortgagee in possession or other person having the care or control of any land or building in the event of the absence or disability of the person having the title thereof. 45. Parcel (see lot) 46. Park means an area of land set aside for recreational use and areas designed for passive enjoyment and other similar uses, and includes the buildings and structures in connection therewith. 47. Parkland means a park owned by the community or other level of government used or intended for use by members of the public. 48. Parking space means an area of land which is suitable for the parking of a vehicle, accessible to vehicles without the need to move other vehicles on adjacent areas. 49. Personal service shop means a business in which services are administered to an individual for their personal needs and may include barber shops, hairdressing shops, beauty parlours, shoe repair and shoe shining, tailoring, and other similar services. 50. Private road means a right-of-way intended for the passage of vehicles but which is not a highway. 51. Property (see lot) 52. Provincial government means the Province of Prince Edward Island. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 53. Public Service and Institutional use means the use of land or buildings for non-profit or public purposes including but not limited to, hospitals, government buildings, religious institutions, cemeteries, churches, public schools, colleges, cultural centres, libraries and public recreational and park buildings. 54. Recreational and public open space means the use of land for a park, playground, tennis court, lawn bowling green, athletic field, golf course, picnic area, swimming pool, day camp, and similar uses but does not include a tract for the racing of animals or any form of motorized vehicles. 55. Residential use means the use of a lot, building or structure or parts thereof as a dwelling. 56. Resource commercial use means the use of a building or lot for the storage, display or sale of goods directly and primarily related to resource uses. 57. Restaurant means buildings or structures or part thereof where food and drink is prepared and offered for sale to the public. 58. Sewerage disposal system means any system or part thereof for disposing of sewage or waste by means of one or more settling or septic tanks and one or more disposal fields, and any other system or part thereof for sewage or waste disposal not directly connected to a municipal or approved central waste treatment system. 59. Storey (pl. stories) means that portion of a building between any floor and ceiling or roof next above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 1.8 m (approximately 6 feet) above grade and provided also that any portion of a building between any floor and ceiling or roof next above exceeding 4.2 m (approximately 14 feet) in height shall be deemed an additional storey. 60. Street or road (see Highway) 61. Street line means the boundary of a highway or private road. 62. Structure means any construction including a building fixed to, supported by or sunk into land or water, but excludes concrete and asphalt paving or similar surfacing and fencing and includes a swimming pool. 63. Subdivide or Subdivision shall have the same meaning as defined in the Planning Act, as may be amended, and, in the case of any dispute, the final determination shall be made by the provincial government department having responsibility for enforcement of such regulations. 12. Subdivision agreement means a legal document describing a two-party agreement between an owner and the authority having jurisdiction, the subject of which pertains to actions to be taken in the subdividing of a parcel of land. 65. Survey plan means an appropriately scaled drawing of survey details, certified by a licensed Prince Edward Island Land Surveyor. ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 66. Swimming pool means any outdoor structure, basin, chamber, or tank used or which may be used for swimming, diving, or recreational bathing and having a depth of 60 cm (1.96 ft.) or more at any point or with a surface area exceeding 10 m2 (107.6 ft2). 67. Tourist home means a dwelling in which overnight accommodation is provided or offered for transient guests for compensation. 68. Use means any purpose for which a building or other structure or parcel of land may be designed, arranged, intended, maintained or occupied, and includes any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a parcel. 69. Utility building means a building which houses stationary equipment for telephone, electric power, public water supply, or sewerage services. 70. Warehouse means a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard. 71. Watercourse shall have the same meaning as defined in the Watercourse and Wetland Protection Regulations prescribed under the Environmental Protection Act, as may be amended, and, in the case of any dispute, the final determination shall be made by the provincial government department having responsibility for enforcement of such regulations. 72. Wetland shall have the same meaning as defined in the Watercourse and Wetland Protection Regulations prescribed under the Environmental Protection Act, as may be amended, and, in the case of any dispute, the final determination shall be made by the provincial government department having responsibility for enforcement of such regulations. 73. Wind turbine means a wind energy generating system (turbine and accessory facilities) intended to primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) and not used to produce power for resale. 74. Yard means an open, uncovered, unoccupied space on a lot appurtenant to a building; - i. Front yard means a yard extending across the width of a lot between the front lot line and nearest wall of any building or structure on the lot; - ii. Rear yard means a yard extending across the width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot; - ili. Side yard means a yard extending from the front yard to the rear yard of a lot between a side lot line and nearest wall of any building or structure on the lot - iv. Flankage yard means the side yard of a corner lot which side yard extends from the front yard to the rear yard between the flankage lot line and the nearest main wall of any building or structure on the lot. 75. Zone means a designated area of land shown on the Official Zoning Map of this bylaw within which land uses are restricted to those specified by this bylaw. ## Appendix 3: Province-wide Minimum Development Standards Regulations Notwithstanding any provisions of this bylaw, the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act R.S.P.E.I. 1988, c. P-8, as may be amended, apply in the Community of Linkletter. The Province-Wide Minimum Development Standards Regulations are included for information and reference purposes only. NOTE: This Appendix is not the official version of these regulations and these regulations may be amended after the enactment of this bylaw.  ## PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to November 19, 2011. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4291 Email: [email protected] ## CHAPTER P-8 ## PLANNING ACT ## PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS Pursuant to clause 7(1)(c) of the Planning Act R.S.P.E.I. 1988, Cap. P-o, Council made the following regulations: 1. (1) In these regulations "authority having jurisdiction" means the "authority having Minister responsible for the Planning Act R.S.P.E.I. 1988, Cap. P-8, or jurisdiction", in the case of a municipality with an official plan and bylaws, the defined municipal council. (2) Words and expressions defined in section 1 of the Planning Act Idem, existing Subdivision and Development Regulations have the same meaning when definitions used in these regulations. (EC703/95; 552/11) 2. These regulations apply to all areas of the province. (EC703/95) 3. Revoked by EC41/96. Application Lot size 4. (1) No approval or permit shall be granted for the subdivision of a lot Residential for residential use unless the lot conforms with the minimum lot size standards set out in Table 1. (2) The area encompassed by the required minimum circle diameter as Location set out in Table 1 and Table 2 shall be located on the lot such that it will accommodate an on-site sewage disposal system. (3) Notwithstanding the minimum lot size standards set out in Table 1 Reduced size and Table 2, for infilling purposes, a lot may be reduced to a minimum of 10,000 sq. ft. / 929 sq. m. provided that (a) it is serviced by an on-site water supply system and a central sewerage system; and (b) only one additional lot from the existing parcel is created by any proposed subdivision. (4) Notwithstanding the minimum circle diameter requirements set out Reduced circle in column (f) of Table 1 and column (e) of Table 2, a lot that does not requirement meet those requirements may be subdivided from a lot or parcel that existed prior to June 12, 1993 where ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) 2 Non-residential Exception Categories of lots Cap. P-9 Planning Act Province-Wide Minimum Development Standards Regulations Updated 2011 (a) the lot is intended for either single unit residential use or nonresidential use, and will be serviced by on-site water and sewerage (b) the lot meets Category I standards in accordance with clause 5(a) and the minimum lot area requirements set out in column (e) of Table 1 and column (d) of Table 2 respectively c) a circle with a minimum diameter of 125 ft./38.1 m. will fi within the boundaries of the lot; and (d) there is no practical alternative to increasing the size of the property to permit compliance with the circle diameter requirement. (EC703/95; 41/96; 694/00; 552/11) 5. (1) No approval or permit shall be issued to subdivide a lot for nonresidential use unless in conformity with the minimum lot size standards set out in Table 2. (2) Notwithstanding subsection (1), (a) where a lot is intended for any non-residential use where water and sewage services are not required for the proposed development, the Minister may approve an exemption from the requirement of subsection (1); (b) where an approval or permit has been granted by an authority or permireicion pursuan or subs sive a sule shal ankaval granted in accordance with the standards set out in Table 2. (EC703/95; 41/96; 552/11) 6. Every lot on a plan of subdivision shall be categorized in accordance with the following site suitability standards: - (i) the depth of permeable natural soil is 2 ft. (0.61 m.) or greater, (a) Category I, where - (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and (iii) the depth to the maximum groundwater elevation is 4 ft. (1.22 m.) or greater; (b) Category II, where (i) the depth of permeable natural soil is greater than 1 ft. (0.3 m.), but less than 2 ft. (0.61 m.), (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and (iii) the depth to the maximum groundwater elevation is 4 ft. (1.22 m.) or greater; (i) the depth of permeable natural soil is 1 ft. (0.3 m.) or greater, (c) Category III, where - (ii) the depth to bedrock is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.), or ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) Updated 2011 Planning Act Province-Wide Minimum Development Standards Regulations Cap. P-8 (iii) the depth to the maximum groundwater elevation is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.); (d) Category IV , where (ii) the depth to bedrock is greater than 1 ft. (0.3 m.), and (i) the lot has a depth of permeable natural soil of less than 1 ft. (0.3 m.), (iii) the depth of the maximum groundwater elevation is greater than 2 ft. (0.61 m.); (e) Category V, where (i) the depth to the maximum ground water elevation is greater than 2 ft. (0.61 m.). (EC703/95; 694/00; 552/11) - (i) the depth to bedrock is less than 1 ft. (0.3 m.), and 7. Revoked by (EC694/00). Upgrade 8. The minimum lot size standards set in Tables 1 and 2 do not apply to Application subdivisions approved prior to October 14, 1995. (EC703/95; 552/11) 9. (1) The authority having jurisdiction may, for special cause, authorize Minor variance such minor variance from the provisions of these regulations as, in its opinion, is desirable and not inconsistent with the general intent and purpose of these regulations. (2) Notwithstanding any other provisions of these regulations, where a Variance, public lot is designed for use by a public or a private utility, the authority utility use having jurisdiction may authorize a variance from the provisions of these regulations as, in its opinion, is desirable. (EC703/95; 552/11) ## MINIMUM HIGHWAY ACCESS 10. (1) The Roads Act Highway Access Regulations shall constitute the cestandarway Minimum Highway Access Standards. (2) An authority having jurisdiction shall not grant an approval or issue Entrance way a permit for development unless an entrance way permit has been obtained for the applicable lot or development when so required. (EC703/95; 2/96; 552/11) 3 4 ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) Cap. P-9 Planning Act Province-Wide Minimum Development Standards Regulations ## TABLE 1 - MINIMUM LOT SIZE STANDARDS: RESIDENTIAL LOTS | (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Number of Dwelling Units | (e) Minimum Lot Area sq. ft. / sq. m. | (f) Minimum Circle Diameter to be Contained Within the Boundaries of he Lot - feet / metres | |---------------------------------------------------------|--------------------|-----------------------------------------------------------------------------------------------------------------------|--------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------| | on-site water supply and on-site sewage disposal system | I | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 2 3 4 more than 4 | 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 40,000 sq. ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 200 ft./ 61m. 200 ft. / m. | | on-site water supply and on-site sewage disposal system | II | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 2 4 more than 4 | 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 50,000 sq. ft. / 4,645 sq. m., plus 1,500 sq. ft. / 457 sq. m for each additional unit | 175 ft. / 53.3 m. 200 ft. / 61m. 225 ft. /68.6m. 250 ft. / 76.2 m 250 ft. / 76.2 m. | | on-site water supply and on-site sewage disposal system | III | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on more than the interior curve of a street) | 1 2 3 4 | 51,000 sq. ft. / 4,738 sq. m. 56,000 sq. ft. / 5,202 sq. m. 61,000 sq. ft. / 5,667 sq. m. 66,000 sq. ft. / 6,131 sq. m. 66,000 sq. ft. / 6,131 sq. m., | 300 ft. / 91.4m. plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 225 ft. 68.6 m. 250ft. ft./76.2 m. / 275 ft. / 83.8 m. 300 ft. /91.4 m. | | on-site water supply and on-site sewage system | IV | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 3 4 more than 4 | 75,000 sq. ft. / 6,975 sq.m. 80,000 sq.ft. / 7,440 sq.m. 85,000 sg.ft. / 7,905 sq.m. 90,000 sq.ft. / 8,370 sq.m. 90,000 sq. ft. / 8,370 sq.m., plus 1,500 sq.ft. / 457 sq.m. for each additional unit | 300 ft. / 91.4 m. | | on-site water supply and on-site sewage system | V | N/A | N/A | not developable | N/A | 3u Updated 2011 ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) Updated 2011 Planning Act Province-Wide Minimum Development Standards Regulations Cap. P-8 | central water supply and on-site sewage disposal system | I | 50 feet / 15.25 metres | 1 2 3 4 more than 4 | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 125 ft. / 38.1 m. 150 ft. / 45.7 m 160 ft. / 48.8 m 175 ft. / 53.3 m. 175 ft. / 53.3 m. | |-----------------------------------------------------------|---------|--------------------------|-----------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------| | central water supply and on-site sewage disposal system | II | 50 feet / 15.25 metres | 1 2 3 4 more than | 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m 40,000 sq. ft. / 3,717 sq. m., plus 1,500 sq. f. / 457 sq. m. for each additional unit | 150 ft./45.7 m. 160 ft. / 48.8 m. 175 ft. /53.3 m 200 fi. / 61 m. 200 ft. / 61 m. | | central water supply and on-site sewage disposal system | III | 50 feet / 15.25 metres | 1 2 3 4 more than | 40,000 sg. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 55,000 sq. ft. / 5,110 sq. m. 55,000 sq. ft. / 5,110 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 200 ft. / 61 m. 225 ft. / 68.6 m. 250 ft. / 76.2 m. 275 ft. / 83.8 m. 275 ft. / 83.8 m. | | central water supply and on-site sewage disposal system | IV | 50 feet / 15.25 metres | 1 2 3 4 more than 4 | 60,000 sq. fl. / 5,580 sq. m. 65,000 sq. ft. / 6,450.5 sq. m. 70,000 sq. ft. / 6,510 sq. m. 75,000 sq. ft. / 6,975 sq. m. 75,000 sq. ft. / 6,975 sq. m., plus 1,500 sq. ft. / 457 sq. m. no dare optional mit. | 275 ft. / 83.8 m. | | central water supply and on-site sewage disposal system | V | N/A | N/A | | N/A | | on-site water supply and central waste treatment system | I or Il | 50 feet / 15.25 metres | 2 3 4 more than 4 | 15,000 sq. ft. / 1,393.5 sq. m. 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 30,000 sq. ft. / 2,787 sq. m., plus 1,500 sq. fl. / 457 sq. m. for each additional unit | 100 ft. / 30.5 m. 125 ft. / 38.1 m. 150 ft. / 45.7 m. 160ft. ft./48.8 m 160 ft. / 48.8 m. | 5 6 ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) Cap. P-9 Planning Act Updated 2011 Province-Wide Minimum Development Standards Regulations Updated 2011 | on-site water supply and central waste treatment system | III | 50 feet / 15.25 metres | 1 4 more than 4 | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251.5 sq m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 125 ft. / 38.1 m. 150 ft. /45.7 m. 160 ft. / 48.8 m 175 ft. / 53.3 m. 175 ft. / 53.3 m. | |-----------------------------------------------------------|---------------|--------------------------|-------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------| | central water supply and waste treatment systems | 1, II, or III | n/a | any number | as determined by the Minister | as determined by the Minister | Planning Act Province-Wide Minimum Development Standards Regulations ## TABLE 2 ## TABLE 2 - MINIMUM LOT SIZE STANDARDS: NON-RESIDENTIAL LOTS | (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Minimum Lot Area | (e) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot - feet/metres | |---------------------------------------------------------|--------------------|-------------------------------------------------------------------------------------------------------------|---------------------------------|----------------------------------------------------------------------------------------------| | on-site water supply and on-site sewage disposal system | I | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 25,000 sq. ft. / 2,322.5 sq. m. | 150 ft. / 45.7 m. | | on-site water supply and on-site sewage disposal system | II | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 35,000 sq. ft. / 3,251.5 sq. m. | 175 ft. / 53.3 m. | | on-site water supply and on-site sewage disposal system | III | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 51,000 sq. ft. / 4,738 | 225 ft. / 68.6 m. | | central water supply and on-site disposal system | I | | 20,000 sq. fi. / 1,858 | 125 ft. / 38.1 m. | | central water supply and on-site sewage disposal system | II | 50 feet / 15.25 | 25,000 sq. ft. / 2,322.5 sq. m. | 150 ft. / 45.7 m. | | central water supply and on-site sewage disposal system | III | 50 feet / 15.25 metres | 35,000 sq. ft. / 3,251.5 sq. m. | 175 ft. / 53.3 m. | Cap. P-8 7 8 ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) Cap. P-9 Planning Act Updated 2011 Province-Wide Minimum Development Standards Regulations | on-site water supply and central waste treatment system | 1, Il or III | 50 feet / 15.25 metres | 15,000 sq. ft./ 1,393.5 sq. m. | 100 ft. / 30.5 m. | |-----------------------------------------------------------|----------------|--------------------------|----------------------------------|-------------------------------| | central water supply and waste treatment systems | I, Il or III | n/a | as determined by the Minister | as determined by the Minister | (EC542/87; 703/95; 694/00; 552/11) ## Appendix 4: Special Planning Area Regulations Part IV of the Subdivision and Development Regulations prescribed under the Planning Act R.S.P.E.I. 1988, c. P-8, as may be amended, apply in the Community of Linkletter. Part IV of the Subdivision and Development Regulations is included for information and reference purposes only. NOTE: This Appendix is not the official version of these regulations and these regulations may be amended after the enactment of this bylaw. ## PART IV SPECIAL REGULATIONS ## D - STRATFORD REGION, CHARLOTTETOWN REGION, CORNWALL REGION AND SUMMERSIDE REGION SPECIAL PLANNING AREAS 63. (1) The July 9, 1994 designation of the following areas as special planning areas is continued: 2. (a) the area adjacent to the Town of Stratford as shown in Appendix A, Map No. 8; 3. (b) the area adjacent to the City of Charlottetown as shown in Appendix A, Map No. 9; 4. (c) the area adjacent to the Town of Cornwall as shown in Appendix A, Map No. 10; 5. (d) the area adjacent to the City of Summerside as shown in Appendix A, Map No. 11. - (2) In addition to all other relevant conditions and requirements contained in these regulations, the provisions of this section apply within the Stratford Region Special Planning Area, the Charlottetown Area Special Planning Area, the Cornwall Region Special Planning Area and the Summerside Region Special Planning Area. - (3) The specific objectives for development within the Stratford Region Special Planning Area, the Charlottetown Region Special Planning Area, the Cornwall Region Special Planning Area, and the Summerside Region Special Planning Area are 8. (a) to minimize the extent to which unserviced residential, commercial and industrial development may occur; 9. (b) to sustain the rural community by limiting future urban or suburban residential development and non-resource commercial and industrial development in order to minimize the loss of primary industry lands to non-resource land uses; and 10. (c) to minimize the potential for conflicts between resource uses and urban residential, commercial and industrial uses. 11. (3.1) In this section, "existing parcel" means a parcel of land that existed on July 9, 1994. - (4) An existing parcel of land may, on approval, be subdivided into not more than one lot for each of the following purposes: 13. (a) residential use, which may include the following: 14. (i) single family dwelling use, 15. (ii) duplex dwelling use, ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) (ili) summer cottage use, or (iv) multiple unit dwelling use or mobile home park where (A) central sewerage service provided by a municipal sewerage utility or central water service provided by a municipal water utility is available or both are available; and (B) an irrevocable agreement has been signed between the applicant and the municipal sewerage or water utility to provide central sewerage service or central water service or both if available to the lot or mobile home park; (b) recreational use; (c) resource-commercial or resource-industrial use, where the lot is intended for agricultural, forestry or fisheries purposes; (d) non-resource-commercial or non-resource-industrial use, where the lot is intended for other than agricultural, forestry or fisheries purposes, where the lot has an area no greater than one acre; (e) institutional use, where the lot has an area no greater than three acres; (e.1) for use as a cemetery; (f) rural tourism use, where the lot has an area no greater than three acres. (5) Notwithstanding clause (4)(a), where the intended residential use is single family dwelling use, subdivisions of more than one lot per existing parcel of land, may be approved in the following situations: (a) where the requirements of clause (4)(a) are insufficient to permit the owner of an existing parcel to provide lots for the children of that owner, and (i) the owner files, with an application to subdivide the existing parcel, a statutory declaration that he or she will convey the lots only to his or her children and only for the use as a single family dwelling, (ii) no child of the owner will receive more than one lot, (iii) the total number of lots that may be subdivided from all of the existing parcels owned by an owner pursuant to this subsection is equal to or less than the number of children of that owner at the time of the application, and (iv) revoked by EC166/08) (v) a lot intended for a child of the owner of an existing parcel of land shall not be given final approval and shall not be conveyed until the child has received a Development Permit approval for the lot and has submitted a statutory declaration declaring that the child intends to build a residence on the lot for the child's own use; (b) where one lot is required in addition to those permitted by clause (a) or (4)(a) in order to accommodate an existing farm dwelling, and the dwelling on the lot is to be served by the existing farm dwelling access; ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) (c) where central sewerage service provided by a municipal sewerage utility or central water service provided by a municipal water utility is available or both are available, and an irrevocable agreement has been signed between the applicant and the municipal sewerage or water utility to provide central sewerage service or central water service or both if available to all lots prior to the conveyance of any lot from the approved subdivision. (5.01) In subsection (5.02), "remnant parcel" means, in respect of an existing parcel, the portion of the existing parcel that has not been approved for subdivision into one or more lots under subsection (4), (5) or (5.02) An approval to subdivide a remnant parcel may be granted, as if the remnant parcel were an existing parcel, under - (a) any clause of subsection (4) or (5); or - b) subsection (5.1), if no previous approval to subdivide has been granted under such a clause of subsection (4) or (5), or under subsection (5.1), as the case may be, in respect of any land forming part of the existing parcel. (5.1) Notwithstanding clause 4(c), where the intended use is resource commercial or resource-industrial within a municipality that has an official plan, subdivisions of more than one lot per parcel of land may be approved where an irrevocable agreement has been signed between the applicant and a municipal sewerage or water utility to provide central sewerage or central water service, or both if available, to all lots prior to the conveyance of any lot from the approved subdivision. (6) Notwithstanding clause (4)(d), in the case of a Slemon Park subdivision which has more than one lot, and whose lots have areas greater than one acre, the subdivision may be approved for industrial use for those lands owned by the Slemon Park Corporation on July 9, 1994, where an irrevocable agreement has been signed between the Slemon Park Corporation and the applicant to provide central sewerage and water service to all lots prior to conveyance of any lot and commencement of the development. (7) Pursuant to the uses and limitations contained in subsection (4) or (5.02), Development Permits may be approved for - (a) existing parcels of land; - (b) subdivisions approved prior to July 9, 1994; - (c) subdivisions approved pursuant to subsections (4), (5) and (5.1) and remnant parcels resulting from such subdivisions; - (d) subdivisions approved pursuant to clause (5)(c) and subsection (5.1), where an irrevocable agreement has been signed between the applicant and the municipal sewerage utility, municipal water utility or both of them to provide central sewerage service, central water service, or both of them, to the approved subdivision prior to commencement of construction or location of dwellings or buildings on any of the lots; (e) subdivisions approved for lands owned by the Slemon Park Corporation pursuant to subsection (6), where an irrevocable agreement has been signed between the Slemon Park Corporation and the applicant to provide central sewerage and water service to the approved ## COMMUNITY OF LINKLETTER ZONING AND SUBDIVISION CONTROL BYLAW (2016) subdivision prior to commencement of construction or location of dwellings or buildings on any of the lots. (8) Where a lot has been approved pursuant to clause (5)(b) to accommodate an existing farm dwelling, no Development Permit shall be issued for a dwelling on the remainder of the subdivided parcel. (9) Subdivisions or Development Permits approved under subsections (4), (5), (5.1) and (7) shall, in areas where a municipal official plan is in place, also be subject to all applicable land use and development regulations made pursuant to the municipal official plan. (10) A municipality with an official plan may, as an alternative to amending its official plan and bylaws to conform with subsections (2) to (9), otherwise amend its official plan and bylaws where the amendments comply with subsection 7(2) of the Act and - (a) are consistent with the objectives set out in subsection (3); - (b) satisfy the minimum requirements applicable to official plans pursuant to section 7 of the Act; - (c) revoked by EC421/09; - (d) with the exception of the community of Miscouche, limit the number of lots in a subdivision for residential use to no more than five lots per existing parcel of land, unless - (i) central water service, central sewerage service, or both of them, by a municipal water utility, municipal sewerage utility, or both of them, is available, and - (ii) an irrevocable agreement has been signed between the applicant and the municipal water utility, municipal sewerage utility, or both of them, to provide central water service, central sewerage service, or both of them, to all lots prior to the conveyance of any lot from the approved subdivision; and - (e) require the municipality to report to the Minister, on or before April 30 of each year, the number of lots approved and Development Permits issued in the previous fiscal year, by type of intended use. (EC693/00; 702/04; 116/05; 212/05; 166/08; 421/09; 670/13)