O'Leary, Prince Edward Island
· adopted 2024-04-22
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## Town of O'Leary Land Use Bylaw
## Bylaw # 2023-1
Effective April 22, 2024, Revised December 20, 202
Original date of approval by Minister: April 22, 2024
Amended:
Amendment Number
Bylaw 2024-01
Effective Date
December 20, 2024
This document is an office consolidation of this Bylaw. It is intended for information and reference purposes only. This document is not the official version. All efforts have been made to ensure these versions are as accurate as possible; however, where accuracy is critical, please consult official sources.
Prepared by SJ Murphy Planning & Consulting, in association with Greg Morrison, RPP, MCIP, and Mitch Underhay
## Effective Date
The effective date of the Town of O'Leary Land Use Bylaw, Bylaw # 2023-01, is the date as signed below by the Minister of Housing, Land and Communities.
## Authority
The Council for the Town of O'Leary, under the authority vested in it by sections 16-19 of th lanning Act R.S.P.E.I. 1988 Cap P.8, hereby enacts as follows
## First Reading:
The Town of O'Leary Land Use Bylaw, Bylaw # 2023-01, was read and approved a first time at the Council meeting held on the on the 9th day of November, 2023.
## Second Reading:
The Town of O'Leary Land Use Bylaw, Bylaw # 2023-01, was read and approved a second time at the Council meeting held on the 14th day of December, 2023.
## Adoption and Approval by Council:
The Town of O'Leary Land Use Bylaw, Bylaw # 2023-01, was adopted by a majority of council members present at the Council meeting held on the 14th day of December, 2023. This Town of O'Leary Land Use Bylaw, Bylaw # 2023-01 was declared to be passed on the 14% day of December, 2023.
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Mayor (signature seaied)
PShaw
Chief Administrative Officer (signature sealed)
## Ministerial Approval
The Town of O'Leary Land Use Bylaw, Bylaw/ # 2023-01, is hereby approved.
Dated on this 22 day of Olpl \_ 2024
Ren
## Town of O'Leary
## Land Use Bylaw, Bylaw # 2023-01
## Table of Contents
| Table of Contents ... | Table of Contents ... | Table of Contents ... |
|-------------------------|-------------------------------------------------------|-------------------------|
| 1 | SCOPE ... | 1 |
| 1.1 | TITLE..... | 1 |
| 1.2 | AUTHORITY... | |
| 1.3 | AREA DEFINED | |
| 1.4 | PURPOSE. | |
| 1.5 | SCOPE .... | |
| 1.6 | AUTHORITY OF DEVELOPMENT OFFICER.... | |
| 1.7 | PERMITTED USES ..... | .1 |
| 1.8 | CERTAIN WORDS | 1 |
| 1.9 | UNITS OF MEASURE. | 2 |
| 1.10 | SCHEDULES .. | 2 |
| 2 | DEFINITIONS | 3 |
| 3 | DEVELOPMENT ZONES | 22 |
| 3.1 | DEVELOPMENT ZONES... | .. 22 |
| 3.2 | INTERPRETATION OF ZONE BOUNDARIES .. | ... 22 |
| 3.3 | ZONING MAP | .. 22 |
| 4 | ADMINISTRATION. | 23 |
| 4.1 | DEVELOPMENT PERMIT REQUIRED | ... 23 |
| 4.2 | NO DEVELOPMENT PERMIT REQUIRED.... | .. 23 |
| 4.3 | LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS... | .. 24 |
| 4.4 | PERMIT APPLICATION... | ..24 |
| 4.5 | SITE PLAN | ... 25 |
| 4.6 | OTHER INFORMATION..... | .. 25 |
| 4.7 | SURVEYS REQUIRED.... | .. 26 |
| 4.8 | CONDITIONS ON PERMITS...... | .. 26 |
| 4.9 | PROCEDURES FOR SPECIAL PERMIT USES .. | .. 26 |
| 4.10 | FIRE MARSHAL APPROVAL... | .. 26 |
| 4.11 | DEVELOPMENT AGREEMENT.. | .. 27 |
| 4.12 | AUTHORIZATION FOR INSPECTION.... | .. 27 |
| 4.13 | CONSTRUCTION PLANS. | .. 27 |
| | CERTIFICATE OF COMPLIANCE...... | ... 28 |
i
4.14
| 4.15 | PERMITS POSTED... .. 28 |
|--------|------------------------------------------------------|
| 4.16 | EXPIRY OF APPROVALS .. 28 |
| | 4.17 MOVING OF BUILDINGS... .. 28 |
| 4.18 | DEVELOP IN ACCORDANCE WITH APPLICATION.. .. 28 |
| 4.19 | DENYING PERMITS... .. 28 |
| 5 | GENERAL PROVISIONS FOR ALL ZONES... 30 |
| 5.1 | ACCESSORY STRUCTURES... .. 30 |
| 5.2 | BED AND BREAKFAST AND Short-Term rentals 31 |
| 5.3 | EXISTING NON-CONFORMING LOTS...... .. 31 |
| 5.4 | EXISTING NON-CONFORMING STRUCTURES.. .. 31 |
| 5.5 | EXISTING NON-CONFORMING USES.. .. 31 |
| 5.6 | FRONTAGE ON A STREET AND ACCESS... 32 |
| 5.7 | HEIGHT REGULATIONS.. 33 |
| 5.8 | HOME-BASED BUSINESSES . 33 |
| 5.9 | LANDSCAPE BUFFERING ... 34 |
| 5.10 | MAIN BUILDING... 34 |
| 5.11 | MAXIMUM LOT COVERAGE...... 35 |
| 5.12 | MIXED USE. 35 |
| 5.13 | ON-SITE WELLS AND SEPTIC SYSTEMS.. 35 |
| 5.14 | PERMITTED USES IN ALL ZONES 36 |
| 5.15 | PETROLEUM STORAGE TANKS... 36 |
| 5.16 | RECREATIONAL VEHICLES ... 36 |
| 5.17 | ACCESSORY DWELLING UNITS.... 37 |
| 5.18 | SOLAR ENERGY SYSTEMS.. .. 38 |
| 5.19 | STRUCTURES WITH COMMON WALLS.... ... 38 |
| 5.20 | SWIMMING POOLS .. 38 |
| 5.21 | TEMPORARY USES .. 39 |
| 5.22 | VISIBILITY AT STREET INTERSECTIONS... .. 40 |
| 6 | PARKING REQUIREMENTS.. 41 |
| 6.1 | PARKING REQUIREMENTS .... .. 41 |
| 6.2 | OTHER REQUIREMENTS......... .. 42 |
| 6.3 | LOADING ZONES ... 43 |
| 6.4 | WAIVER OF COMMERCIAL PARKING REQUIREMENTS ... ... 43 |
| 6.5 | ACCESSIBLE PARKING..... ... 43 |
| | LOW DENSITY RESIDENTIAL ZONE (R1)... 44 |
| 7.1 | GENERAL.. ...44 |
|-------|---------------------------------------------------------|
| 7.2 | PERMITTED USES ... ... 44 |
| 7.3 | SPECIAL PERMIT USES. ...44 |
| 7.4 | SERVICES.... ... 44 |
| 7.5 | LOT REQUIREMENTS... ... 45 |
| 8 | MEDIUM DENSITY RESIDENTIAL ZONE (R2) .. 46 |
| 8.1 | GENERAL.... ... 46 |
| 8.2 | PERMITTED USES .... ... 46 |
| 8.3 | SPECIAL PERMIT USES... ... 46 |
| 8.4 | SERVICES.... .. 46 |
| 8.5 | LOT REQUIREMENTS.. .. 46 |
| 9 | MIXED DENSITY RESIDENTIAL ZONE (R3).. 48 |
| 9.1 | GENERAL... ... 48 |
| 9.2 | PERMITTED USES ... 48 |
| 9.3 | SPECIAL PERMIT USES. ... 48 |
| 9.4 | SERVICES... .. 48 |
| 9.5 | LOT REQUIREMENTS... ... 48 |
| 10 | GENERAL COMMERCIAL (C1). 50 |
| 10.1 | GENERAL... 50 |
| 10.2 | PERMITTED USES .... 50 |
| 10.3 | SPECIAL PERMIT USES.. 50 |
| 10.4 | SERVICING. 50 |
| 10.5 | LOT REQUIREMENTS.... 51 |
| 10.6 | COMMERCIAL ZONES ADJACENT TO RESIDENTIAL ZONES.. 51 |
| 10.7 | DWELLINGS IN COMMERCIAL BUILDINGS........... ....... 51 |
| 10.8 | TEMPORARY COMMERCIAL USES............. ... 52 |
| 10.9 | AUTOMOBILE SERVICE STATION............. .. 52 |
| 11 | INDUSTRIAL ZONE (M1).. 53 |
| 11.1 | GENERAL..... .. 53 |
| 11.2 | PERMITTED USES ...... .. 53 |
| 11.3 | SPECIAL PERMIT USES..................... .. 53 |
| 11.4 | LOT REQUIREMENTS... .. 53 |
| 11.5 | INDUSTRIAL ZONE ADJACENT TO RESIDENTIAL ZONES.. .. 54 |
| 11.6 | ENVIRONMENTAL IMPACT ASSESSMENT.... .. 54 |
| 12 | PUBLIC SERVICE AND INSTITUTIONAL ZONE (PSI) 55 |
| 12.1 | GENERAL.. ... 55 | |
|--------|-------------------------------------------------------|--------|
| 12.2 | PERMITTED USES.. | .. 55 |
| 12.3 | LOT REQUIREMENTS.. | 55 |
| 13 | RECREATION AND OPEN SPACE ZONE (01) ... | 56 |
| 13.1 | GENERAL.... | 56 |
| 13.2 | PERMITTED USES ... | 56 |
| 13.3 | LOT REQUIREMENTS... | 56 |
| 14 | ENVIRONMENTAL RESERVE (OVERLAY) ZONE (02) .. | 57 |
| 14.1 | GENERAL.... | 57 |
| 14.2 | PURPOSE.... ... | 57 |
| 14.3 | PERMITTED USES | .. 57 |
| 14.4 | ZONE REQUIREMENTS... | .. 57 |
| 14.5 | SETBACKS FROM WATERCOURSES, EMBANKMENTS AND WETLANDS. | ... 57 |
| 15 | AGRICULTURAL ZONE (A1) | 58 |
| 15.1 | GENERAL.. | .. 58 |
| 15.2 | PERMITTED USES .... | .. 58 |
| 15.3 | SPECIAL PERMIT USES... | .. 58 |
| 15.4 | LOT REQUIREMENTS.. | ..58 |
| 15.5 | INTENSIVE LIVESTOCK OPERATIONS. | ..59 |
| 15.6 | WIND ENERGY FACILITIES | 59 |
| 16 | VARIANCES. | 60 |
| 16.1 | VARIANCE APPLICATIONS | .. 60 |
| 16.2 | VARIANCES OF UP TO 10% .. | .. 60 |
| 16.3 | VARIANCES IN EXCESS OF 10% ... | .. 61 |
| 17 | OFFICIAL PLAN AND BYLAW AMENDMENTS | 62 |
| 17.1 | AMENDMENT APPLICATIONS .................. | .. 62 |
| 17.2 | SITE-SPECIFIC AMENDMENTS. | .. 62 |
| 17.3 | AMENDMENT PROCEDURES.... | .. 63 |
| 17.4 | PUBLIC MEETING REQUIREMENTS .......... | .. 64 |
| 17.5 | ZONING AND GENERAL LAND USE MAP REVISIONS | .. 64 |
| 18 | GENERAL PROVISIONS FOR SUBDIVIDING LAND. | 65 |
| 18.1 | SUBDIVISION APPROVAL .. | .. 65 |
| 18.2 | CONVEYING INTEREST IN A LOT..... | .. 65 |
| 18.3 | PERMISSION TO SUBDIVIDE................ | . 65 |
| | 18.4 REDUCED LOT FRONTAGE OR AREA .. | 65 |
|-----------------------------------------------------------|-----------------------------------------------------------|--------|
| 18.5 | CHANGES TO EXISTING LOTS... | |
| 18.6 | ROAD STANDARDS.... | 66 |
| 18.7 | SUBDIVISIONS IN AGRICULTURAL (A1) ZONE .. | |
| 18.8 | SUBDIVISIONS IN WATERFRONT AND WETLAND AREAS .. | |
| | 18.9 SUBDIVIDING OF ATTACHED DWELLINGS .... | 68 |
| | 18.10 PARKLAND DEDICATION AND/OR PARK DEDICATION FEE | 68 |
| | 18.11 APPLICATION AND PRELIMINARY APPROVAL PROCESS. | 69 |
| | 18.12 SUBDIVISION AGREEMENT .... | 70 |
| | 18.13 FINAL APPROVAL ..... | 70 |
| | 18.14 CONSOLIDATIONS..... .. 71 | |
| | 18.15 DEVELOPMENT PERMITS | .. 71 |
| | 18.16 RESCINDING OR ALTERING APPROVAL | .. 71 |
| 19 | PENALTIES... | 72 |
| 19.1 | FINES.. | 72 |
| 20 | NOTICE OF DECISIONS | 72 |
| 21 | APPEALS.. | 72 |
| 22 | REPEAL.. | 72 |
| 22.1 | EFFECTIVE DATE.. | .. 72 |
| 22.2 | REPEAL.. | ... 72 |
| SCHEDULE A - ZONING MAP | SCHEDULE A - ZONING MAP | 73 |
| SCHEDULE B - PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS. | SCHEDULE B - PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS. | 74 |
| SCHEDULE C - SCHEDULE OF FEES. | SCHEDULE C - SCHEDULE OF FEES. | 83 |
| SCHEDULE D - WIND ENERGY FACILITIES........ | SCHEDULE D - WIND ENERGY FACILITIES........ | . 84 |
| WIND ENERGY SYSTEMS.. SMALL WIND ENERGY FACILITIES | WIND ENERGY SYSTEMS.. SMALL WIND ENERGY FACILITIES | .. 84 |
| LARGE WIND ENERGY FACILITIES. | LARGE WIND ENERGY FACILITIES. | .. 85 |
## 1 SCOPE
## 1.1 TITLE
- (1) This Bylaw shall be known and may be cited as the Town of O'Leary Land Use Bylaw.
## 1.2 AUTHORITY
- (1) This Bylaw is enacted under the authority of the Planning Act and clause 14 (b) of the Municipal Government Act.
## 1.3 AREA DEFINED
- (1) This Bylaw applies to the geographical area within which the Town's Council has jurisdiction.
## 1.4 PURPOSE
- (1) The purpose of this Bylaw is to implement the policies of the Official Plan and to establish a transparent, fair, and systematic means of subdivision and development control for the Town.
## 1.5 SCOPE
- (1) No dwelling, business, trade or industry shall be located, nor shall any structure be erected, altered, used or have its use changed, nor shall any land be divided, consolidated or used in the Town, except in conformity with this Bylaw and subject to the provisions contained herein.
## 1.6 AUTHORITY OF DEVELOPMENT OFFICER
- (1) Council may appoint a development officer(s) whose duties shall be as provided in this Bylaw. A development officer shall have the authority to administer this Bylaw. Notwithstanding the foregoing and except where otherwise specified in this Bylaw, the development officer shall have the authority to approve or deny lot consolidation and development permits in accordance with this Bylaw in all areas except for:
2. (a) special permit uses;
3. (b) permanent commercial uses;
4. (c) institutional developments;
5. (d) industrial uses;
6. (e) subdivisions; and
7. (f) multiple attached dwellings.
## 1.7 PERMITTED USES
- (1) In this Bylaw, any use not listed as a permitted use in a zone is prohibited in that zone unless otherwise indicated.
## 1.8 CERTAIN WORDS
- (1) In this Bylaw, words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular, the word 'shall' is mandatory and not permissive; and the word 'may' is permissive and not mandatory.
- (2) In this Bylaw, italicized words carry the defined meaning set forth in Part 2. Words that are defined in Part 2 but are not italicized when used in the Bylaw carry their ordinary meaning.
## 1.9 $ UNITS OF MEASURE
- (1) All official measurements are in metric. Where imperial measurements are provided, they are for information purposes only.
## 1.10 SCHEDULES
- (1) All schedules attached to this Bylaw form part of this Bylaw.
- (2) Notwithstanding subsection (1), certain matters in the Bylaw may be established or altered by resolution of Council, in accordance with section 135 of the Municipal Government Act.
- (3) The matters referred to in subsection (2) shall be limited to:
4. (a) schedule of fees and charges for activities authorized by the Bylaw;
5. (b) forms required for the purposes of the Bylaw; and
6. (c) other matters related to the administration of the Bylaw.
## 2 DEFINITIONS
For the purpose of this Bylaw, all words shall carry their customary meaning except for those defined hereafter.
In this Bylaw:
## A
ACCESSORY DWELLING UNIT means a self-contained dwelling unit which is secondary to a main dwelling unit, either attached to or detached from the main dwelling unit on the same lot, and includes the following:
SECONDARY SUITE means a self-contained dwelling unit with a prescribed floor area located within a single detached dwelling, a semi-detached dwelling unit or a townhouse dwelling unit and where both dwelling units constitute a single real estate entity.
GARDEN SUITE means a self-contained dwelling unit located on the same lot as a main dwelling unit but detached from the main dwelling unit and located on its own footing or foundation.
ACCESSORY STRUCTURE means a separate subordinate structure which is used or intended for the personal use of the occupants of the main building to which it is accessory and located upon the parcel of land upon which such building is to be erected, and includes a detached or private garage.
ACCESSORY USE or ACCESSORY means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or building and located on the same lot. Accessory uses may also be referred to as a secondary use.
AGRICULTURAL USE means the utilizing of land, buildings, or structures to raise crops or animals or fowl, including the harbouring or keeping of livestock, and includes an agricultural use pursuant to the Farm Practices Act.
ALTER 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 nonstructural renovation or improvement.
ANCILLARY USE or ANCILLARY means a listed, permitted use that is additional, secondary, and complementary to a permitted principal use.
APPLICANT means any person responsible for and authorized to complete an application for a subdivision, development permit or zoning or official plan amendment and for fulfilling any required preconditions or conditions of permit approval under this Bylaw.
ATTACHED means a structure which has a common wall and/or common roof line and the structure may be considered common as long as a minimum of 20% of the length of the wall or roof line is common with the main structure wall or roof.
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT means a building or part of a building or a clearly defined space on a lot used for the sale and maintenance of used or new automobiles.
AUTOMOBILE SERVICE STATION OR SERVICE STATION means a building or part of a building or a clearly defined space on a lot used for the sale of lubricating oils and/or gasolines and may include the sale of automobile accessories and the servicing and repairing essential to the actual operation of motor vehicles.
AUTOMOBILE WASHING ESTABLISHMENT means a building or part thereof used for the operation of automobile washing equipment which is manual, automatic or semi-automatic.
## B
BED AND BREAKFAST means a dwelling in which there is a resident owner or manager who provides accommodation and meals (usually breakfast) for the travelling public and includes tourist home but does not include boarding house, rooming house, domiciliary hostel, group home, hotel, motel, restaurant, or lounge. Bed and breakfasts may include accessory uses or activities that are complimentary thereof.
BEDROOM means a habitable room used, designed, or intended for use for sleeping.
BUFFER ZONE means the land within 15 m (49.2 ft) of a watercourse boundary or a wetland boundary as defined in the Watercourse and Wetland Protection Regulations.
BUILDING includes any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal or chattel.
BUILDING HEIGHT means the vertical distance measured from the averaged finished grade to the highest point of roof surface.
BUILDING LINE means any line regulating the position of a structure on a lot.
BUILDING SETBACK means the distance between the street line and the nearest main wall of any structure, except fences, and extending the full width of the lot.
BUSINESS OR PROFESSIONAL OFFICE means premises where services are offered for a fee but does not include premises used for the retailing, wholesaling, manufacturing or conversion of goods.
BYLAW means the Town of O'Leary Land Use Bylaw.
## C
CAMPGROUND OR RV PARK means a tract or 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.
CENTRAL SEWER means a system of pipes for the disposal of sewage controlled by a municipal utility.
CEMETERY means a spatially defined area where the intact or cremated remains of deceased people are buried or are otherwise interred
CHANGE OF USE means the change of purpose for which land, buildings, or structures, or any combination thereof, is designed, arranged, erected, occupied, or maintained, including an increase in the number of dwelling units.
CHIEF ADMINISTRATIVE OFFICER means the Chief Administrative Officer for the Town.
CHURCH means a building dedicated to religious worship and includes a church hall, church auditorium, Sunday School, parish hall, rectory, manse and day nursery operated by the church.
CLEAR DAYS means 'clear days' as defined in the Interpretations Act.
CLUB means an association of persons, whether incorporated or not, united by some common interest, meeting periodically for co-operation or conviviality. Club shall also mean, where the context requires, premises owned or occupied by members of such association within which the activities of the club are conducted.
CLUSTERED HOUSING means a land development project for more than two residential use buildings on the same lot, including any combination of residential dwelling type, mini homes, and tiny homes.
COLLECTOR HIGHWAY means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations;
COMMERCIAL USE means the sale or distribution of materials or provision of services including, but not limited to:
- art galleries and studios;
- ·ii bakeries;
- .ili banks and financial institutions;
- .iv business and professional offices;
- .V craft breweries;
- .vi craft workshop and studios;
- . vii entertainment establishments;
- .Vili event venues;
- .ix funeral homes and crematoria;
- lounges and restaurants;
- retail stores, service shops and personal service shops; and
- ·XII tourism establishments and attractions.
COMMUNITY CARE FACILITY means a community care facility as defined in the Province's Community Care Facilities and Nursing Homes Act, R.S.P.E.I. 1988, Cap. C-13 as amended from time to time, and may include ancillary institutional uses.
COMMUNITY CENTRE means a building, structure or public place where members of a community gather for recreational, educational, artistic, social or cultural activities.
CONDOMINIUM means a building in which each individual unit is held in separate private ownership and all floor space, facilities and outdoor areas used in common by all tenants are owned, administered and maintained by a corporation created pursuant to the provisions of the Condominium Act R.S.P.E.I. 1988, Cap. C-16.
CONTRACTORS YARD means a Yard of any general contractor or builder where equipment and materials are stored and where shop or assembly work is performed.
CONVENIENCE STORE means a retail commercial establishment, not exceeding 139.35 sq. m. (1,500 sq. ft.) of gross floor area, supplying daily household necessities for the immediate surrounding area in which articles for sale are restricted to a limited range of primarily food items such as milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and candy, meat, and to compliment such items which may include the limited sale of magazines, books, housewares, toiletries, stationary, patent medicines, tobacco products and video tape sales and rentals.
CONSOLIDATE - see LOT CONSOLIDATION
COUNCIL means the Council for the Town of O'Leary.
## D
DECK means a structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.
DEMOLITION means to remove, pull down or destroy a structure.
DETRIMENTAL IMPACT means any loss or harm suffered in person or property in matters related to public health, public safety, protection of the natural environment and surrounding land uses, but does not include potential effects of new subdivisions, buildings or developments with regard to
- real property value;
- competition with existing businesses;
- .ili viewscapes; or
- .iv development approved pursuant to subsection 9 (1) of the Environmental Protection Act.
DEVELOPER - means any person who is responsible for any undertaking that requires a development permit, subdivision approval or consolidation approval.
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.
DEVELOPMENT AGREEMENT means an agreement executed between the developer and the Town respecting the terms under which a development may be carried out.
DEVELOPMENT OFFICER means the person charged by the Council with the duty of administering the provisions of this Bylaw.
DEVELOPMENT PERMIT means the formal and written authorization for a person to carry out any development.
DISPLAY means any item, group of items, sign, or billboard visible to the general public, indicating that items or services are offered for sale or trade, but does not include premise signs of 400 sq. in. (2.78 sq ft.) or less.
DOMESTIC ANIMALS means dogs, cats, budgies, parrots, parakeets, hamsters, gerbils, guinea pigs and fish.
DORMITORY means a structure where residents have exclusive use of a bedroom but common washroom and/or kitchen facilities, and where each resident individually compensates the owner for providing the accommodation.
DWELLING means a building or portion thereof designated or used for residential occupancy, but does not include hotels and motels. Also see SECONDARY SUITE and GARDEN SUITE.
APARTMENT DWELLING means a dwelling in a building containing three or more such dwelling units that share common hallways and a common outdoor entrance, dwellings attached to a building which is principally commercial, or a dwelling in a building that is divided vertically into three or more attached dwelling units that do not each have their own street frontage. An apartment dwelling does not include a townhouse dwelling or stacked townhouse dwelling.
DUPLEX DWELLING means a building containing two dwelling units, with one dwelling unit placed over
Single-Detached Semi-Detached Duplex Townhouse Stacked Townhouse Apartment the other in whole or in part with each dwelling unit having their own separate and individual outdoor
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entrance, not necessarily directly to grade.
MULTIPLE ATTACHED DWELLING means a building containing three or more dwelling units and includes apartment dwellings, townhouse dwellings, and stacked townhouse dwellings.
SEMI-DETACHED DWELLING means a building divided vertically into two separate dwelling units, each with its own street frontage and outdoor entrance.
SINGLE-DETACHED DWELLING means a building designed or used for occupancy as one dwelling unit and includes a modular home but does not include a mini home, tiny home, or mobile home.
STACKED TOWNHOUSE DWELLING means a building, other than a townhouse or apartment building, containing three or more dwelling units attached side by side, two units high, where each dwelling unit has an independent outdoor entrance at grade.
TOWNHOUSE DWELLING means a building that is divided vertically into three or more attached dwelling units, each with its own street frontage and outdoor entrance.
DWELLING UNIT means a self-contained unit contained within common walls with a separate entrance intended for year-round occupancy. The principal use of such dwelling unit is residential with complete living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
## E
EARLY LEARNING AND CHILD CARE ACT means the Early Learning and Child Care Act, R.S.P.E.I. 1988, Cap. E-
Figure 1 - Dwelling Examples
.01, as amended from time to time.
EARLY LEARNING AND CHILD CARE CENTRE means a building where children are cared for as permitted under the Early Learning and Child Care Act.
EMERGENCY 911 ACT means the Emergency 911 Act, R.S.P.E.I. 1988, Cap. E-5.1, as amended from time to time.
ENGINEERING PROFESSION ACT means the Engineering Profession Act, R.S.P.E.I. 1988 Cap. E-8.1, as amended from time to time.
ENTERTAINMENT ESTABLISHMENT means an establishment providing musical, dramatic, dancing or cabaret entertainment and/or facilities for alcoholic beverage consumption and includes supplementary food service. this term refers to uses such as theatres, cinemas, auditoria, beverage rooms, cocktail lounges, cabarets, nightclubs and theatre restaurants.
ENTRANCE WAY means a driveway providing access to and from a parcel of land to a street.
ENVIRONMENTAL PROTECTION ACT means the Environmental Protection Act, R.S.P.E.l. 1988, Cap. E-9, as amended from time to time.
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.
EVENT VENUE means a commercial use of a structure or part of a structure or land as a place of assembly by the public for special events such as weddings, performances, and cultural gatherings but does not include sporting events.
EXCAVATION PIT means any excavation in the ground for the purpose of searching for or removing clay, gravel, sand, shale, subsoil, topsoil, rock or any other surface or subterranean deposit, but does not include an excavation made within the boundaries of a street, or a snow-trap constructed to protect a street from snow accumulation.
EXISTING LOT means a lot in existence on the effective date of this Bylaw, except where otherwise indicated in this Bylaw.
## F
- FAMILY HOME CENTRE means an early learning and child care centre located in a private residence as regulated under the Early Learning and Child Care Act.
- FARM DWELLING means a single-detached dwelling that is located on a farm and is owned and occupied by the principal owner of the farm or a person whose primary occupation is to work on the farm parcel.
- FARM GATE OUTLET means an accessory use located on a property for sale of its own agricultural or garden products and excluding sale of any non-farm or garden products or those from a plant nursery.
FARM MARKET means a building or part of a building in which farm produce; crafts and baked goods make up the major portion of items offered for sale.
- FARM or FARM PROPERTY means land, including any complementary buildings, utilized for the purpose of sowing, cultivation and harvesting of crops, rearing of livestock or production of raw dairy products.
- FARM PRACTICES ACT means the Farm Practices Act, R.S.P.E.I. 1988, Cap. F-4.1, as amended from time to time.
- FARMING means the outdoor cultivation of agricultural products, and the raising of farm livestock.
- FENCE means an artificially constructed barrier made of metal slats, glass, wire, wood or similar materials, or a combination of such materials, erected to enclose or screen areas of land
- FOOD TRUCK means any trailer or motorized vehicle used for the display, storage, or sale of food and/or nonalcoholic beverages on a temporary basis.
- FORESTRY USE means commercial silvaculture 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.
FRONTAGE means the horizontal distance between the side lot lines bordering on a street and according to the direction of the front of the dwelling or structure.
## FLOOR AREA means:
- .i with reference to a dwelling - the area contained within the outside walls excluding any porch, veranda, sunroom, greenhouse, unfinished attic, unfinished basement, and other rooms not habitable at all seasons of the year.
- with reference to a commercial building - the total usable floor area within a building used for commercial purposes excluding washrooms, furnace rooms and common halls between stores.
- .ili with reference to an accessory structure - the area contained within the outside walls.
## G
GARDEN SUITE - see Accessory Dwelling Unit
GARDEN means a plot of land for growing flowers, vegetables, or fruit.
GAZEBO means a freestanding, roofed accessory structure which is not enclosed, except for screening or glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling unit but shall not include any other use or activity otherwise defined or classified in this Bylaw.
GRADE (as it applied to the determination of building height) means the highest among the average, finished ground levels around each respective main wall of a building, excluding consideration of local depressions on the ground, such as for vehicle or pedestrian entrances.
GROUND FLOOR means the uppermost storey having its floor level not more than 2 m. (6.6 ft.) above grade.
GROUP HOME means an establishment for the accommodation of four or more persons, exclusive of staff, living under supervision in a single housekeeping unit who require special care or supervision, and which is staffed 24 hours per day by trained care giver(s).
## H
HEAVY EQUIPMENT DEPOT means a lot and/or building where heavy machinery is stored and serviced.
HIGHWAY - see STREET.
HIGHWAY ACCESS REGULATIONS means the Highway Access Regulations made under the Roads Act, as amended from time to time.
HIGHWAY, COLLECTOR - means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations.
HISTORIC SITE means any site that has been designated as a historic site or a heritage place under provincial or federal legislation, as well as any accessory uses or structures to support visitation.
HOME OFFICE USE means an office-related activity operated within a dwelling unit that does not regularly require direct in-person contact with clients on the premises, but excludes a home-based business use.
HOME-BASED BUSINESS means the accessory use of a dwelling or of a building accessory to a dwelling for an occupation or business conducted for profit involving the production, sale, or provision of goods and services.
- HOSPITAL means any institution, building, or other premises or place established for the maintenance, observation, medical and dental care and supervision, and skilled nursing care of persons afflicted with or suffering from sickness, disease, injury, or for convalescing or chronically ill persons.
HOTEL means a commercial building providing temporary accommodations for travellers or transients, and may have one or more public dining rooms and convention meeting rooms but does not include a motel.
HOUSING CORPORATION ACT means the Housing Corporation Act, R.S.P.E.I. 1988, Cap. H-11.1, as amended from time to time.
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
INSTITUTIONAL USE means the use of premises, other than retail or industrial premises, for community, public, or non-profit uses and includes but is not limited to:
- .i clinics and hospitals;
- .il shared housing with special care, including but not limited to, group homes, community care facilities, nursing homes, and senior citizens homes;
- .ili community centres, libraries, museums, cultural centres;
- .iv education facilities and early learning and child care centres;
- .V government offices and facilities;
- .vi historic sites;
- .vii places of worship, manses, cemeteries, and crematoria;
- .vili public and private parks, including sports fields; and
- .ix recreation centres and facilities.
INTERNAL DRIVE means a lane, access road, or tight-of-way for providing general traffic circulation within a single lot.
INTERPRETATIONS ACT means the Interpretations Act, R.S.P.E.I. 1988, Cap. I-8.1, as amended from time to time.
KENNEL means a structure where more than four (4) domestic animals excluding livestock are kept, bred or raised for profit or gain.
L LAND SURVEYORS ACT means the Land Surveyors Act, R.S.P.E.I. 1988, Cap. L-3.1, as amended from time to time. LANDSCAPE ARCHITECT means a person who is a member in good standing in the Canadian Society of
Landscape Architects.
LANDSCAPING means all the elements of a lot or site development other than the building or buildings, and may include pedestrian facilities, grass and other ground cover, flower beds, shrubbery, trees, hedges, berms, fences and retaining structures, off- street lighting devices, forms of natural landscaping, and various combinations thereot.
LIVESTOCK means farm animals kept for use, for propagation, or for intended profit or gain and, without limiting the generality of the foregoing, includes: dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkeys, goats, geese, mink, llamas and rabbits.
LOADING SPACE means an unencumbered area of land provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one (1) commercial motor vehicle while merchandise or materials are being loaded or unloaded, and such parking space shall not be for the purpose of sale or display.
LOT OR PROPERTY means any parcel of land which is held in separate ownership from the adjoining land, and
CORNER LOT means a lot situated at an intersection of and abutting on two or more streets.
INTERIOR LOT means a lot other than a corner lot.
PANHANDLE LOT means any lot which gains street frontage through the use of a narrow strip of land which is an integral part of the lot.
THROUGH LOT means a lot bounded on two opposite sides by streets.
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LOT AREA means the total area included within the lot lines.
LOT CONSOLIDATION means the legal incorporation of two or more existing parcels of land to form a single, larger parcel.
LOT COVERAGE means the percentage of lot area covered by structures above established grade and may include main building, accessory buildings, swimming pools, decks, patios and gazebos.
LOT DEPTH means the depth from the front lot line to the rear lot line.
LOT LINE means any boundary of a lot.
FLANKAGE LOT LINE means the side lot line which abuts the street on a corner lot.
FRONT LOT LINE means the lot line abutting the street upon which the structure erected or to be erected has its principal entrance.
REAR LOT LINE means the lot line further from and opposite to the front lot line.
SIDE LOT LINE means a lot line other than a front, rear or flankage lot line.
LOUNGE means a commercial facility or structure licensed to sell alcoholic beverages to the public.
## M
MAIN BUILDING means that building in which is carried on the principal purpose or purposes for which the lot is used
MAIN USE means the principal purpose or purposes for which the lot is used, 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.
MAIN WALL means the exterior wall of a building, but excluding projections such as balconies, bay windows, chimneys, decks, exterior stairs, fire escapes, projecting roofs, and wheelchair ramps.
MINI HOME means a premanufactured dwelling unit, permanently affixed to the ground, having an average width of less than 6.1 m (20 ft.) not including appurtenances such as porches, entries, etc., provided with permanent on-site services and/or connected to municipal services, and certified under the Z240 provisions of the Canadian Standards Association (CSA) or as subsequently amended.
MOBILE HOME means a transportable dwelling unit suitable for permanent occupancy, designed to be transported with or without its own wheeled chassis.
MODULAR HOME means a premanufactured dwelling unit having an average width of 6.1 m. (20 ft.) or more, not including appurtenances such as porches, entries, etc.
MOTEL means a building occupied in whole or in part as a temporary lodging place for an individual and for which there is an exit for any room or suite of rooms directly to the outdoors with access to grade level.
MUNICIPAL GOVERNMENT ACT means the Municipal Government Act, R.S.P.E.I. 1988, cap M-12.1, as amended from time to time.
## N
NURSING HOME means a nursing home as defined in the Community Care Facilities and Nursing Homes Act R.S.P.E.I. 1988, C-13, as amended from time to time.
OBNOXIOUS USE means a use which, from its nature or operation, creates a nuisance or is offensive by the creation of noise or vibration or by reason of the emission of gases, fumes, dust, and any objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other material.
OFFICE, BUSINESS OR PROFESSIONAL means premises where services are offered but does not include premises used for the retailing, wholesaling, manufacturing or conversion of goods.
OFFICIAL PLAN means the Town's Official Plan as adopted by Council.
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.
OPEN STORAGE means the outdoor storage of merchandise, goods or inventory of any kind, materials, equipment, or other items.
ORNAMENTAL STRUCTURES means landscaping or architectural structures such as arbours, fixed seating, sculptures or similar improvements.
OUTDOOR DISPLAY means an area of land where goods are displayed and which are available for sale to the general public from a retail outlet located on the same lot.
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.
OWNER means a registered owner of a lot or property in accordance with the records on file at the Province's Registry Office
## P
- PARCEL means a lot or other division of land or property which is recognized as a separate unit of land for the purposes of this Bylaw.
PARK means public or private open area devoted to passive recreational uses or conservation uses, outdoor furniture, accessory structures, playgrounds, and on-site parking lots which support park uses.
PARKING LOT means an area reserved for parking more than one automobile, and includes lanes between parking spaces.
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.
- PASSIVE RECREATION refers to recreational activities that do not require prepared facilities like sports fields or pavilions and which place minimal stress on a site's resources.
- PATIO means a platform without a roof, or surfaced area without a roof, at grade, adjacent to a residential dwelling unit used for leisure activities.
- PAVILION means a structure used as a shelter that is either covered or uncovered and includes a gazebo and a pergola.
- PERGOLA means a garden feature forming a walkway, passageway or sitting area of vertical posts or pillars that usually support crossbeams and a sturdy open lattice.
- PERMITTED USE means a use which is allowable by right, subject to meeting applicable bylaw requirements.
PERSON means an individual, association, corporation, contractor, commission, public utility, firm, partnership, trust, heirs, executors or other legal representatives of a person, or organization of any kind, including both principal and agent in an agency situation.
- PERSONAL SERVICE SHOP means a building in which persons are employed in furnishing services and otherwise administering to individual and personal needs including but not limited to barbershops, hairdressing shops, beauty parlours, pet grooming, shoe repair, laundromats, tailoring, or dry-cleaning.
- PHASE means to develop a parcel of land over time in a series of prescribed stages; or one of such stages.
PLACE OF ASSEMBLY - means a building or facility where people congregate for deliberation, entertainment, cultural, recreation or similar purposes, including but not limited to auditoriums, places of worship, clubs, halls, meeting halls, community facilities, open spaces, restaurants, galleries, and recreation fields, courts, or facilities.
PLACES OF WORSHIP means a building used for religious workshop, study, and instruction, including but not limited to churches, monasteries, mosques, synagogues, temples, etc. and may include ancillary uses such as an auditorium, hall, daycare facility or nursery operated by the place of worship.
PLANNING ACT means the Planning Act, R.S.P.E.I. 1988, Cap. P-8, as amended from time to time.
PLANNING BOARD means the Planning Board of the Town appointed by Council.
PLANT NURSERY (AND GREENHOUSE) means a premise or any land used primarily to raise and store trees, shrubs, flowers, and other plants for sale or for transplanting.
PLANT NURSERY means a building or land used for the growing of young trees and/or other plants which may be retailed at the same location and may also include retailing of gardening tools and other related supplies but does not include a farm gate outlet.
PORCH means a covered shelter projecting in front of an entrance to a building.
PREMISE SIGN means a sign that directs attention to a business, commodity, service, industry, or other activity, which is sold, offered, or conducted on the lot upon which such sign is located, or to which it is affixed.
PRIVATE ROAD or PRIVATE RIGHT-OF-WAY means a road, street, or right-of-way which is not vested in the Province or the Town, but does not include an internal drive.
PROFESSIONAL ARCHITECT means an architect licensed to practice in the Province.
PROFESSIONAL ENGINEER means an engineer licensed to practice in the Province.
PROFESSIONAL LAND SURVEYOR means a land surveyor licensed to practice in the Province.
PROVINCE means the Province of Prince Edward Island.
PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS mean the Province-Wide Minimum Development Standards Regulations made under the Planning Act, as amended from time to time.
PUBLIC HEALTH ACT means the Public Health Act, R.S.P.E.I. 1988, Cap. P-30.1, as amended from time to time.
PUBLIC means for the use of the general population.
PUBLIC PARK OR PARKLAND means land owned by the Town or some other level of government used or intended for use by members of the public.
PUBLIC UTILITY BUILDING means a Building which houses stationary equipment for telephone, electric power, public water supply, or sewage services.
## R
REAL PROPERTY ASSESSMENT ACT means the Real Property Assessment Act, R.S.P.E.I. 1988, Cap. R-4, as amended from time to time.
RECREATIONAL USE means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, athletic fields, golf courses, picnic areas, swimming pools, day camps, sports arenas and similar uses but does not include areas for shooting (e.g., gun ranges, paint ball) or a tract for the racing of animals or any form of motorized vehicles.
RECREATIONAL VEHICLE means a vehicle which provides sleeping and other facilities for short periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes, recreation vehicles or other similar vehicles. Recreational vehicles may often be referred to as RVs.
RECYCLING DEPOT means premises on which recoverable materials such as newspaper, glassware, and metal cans are separated prior to shipment but does not include any processing of the material or a salvage yard.
RECYCLING PLANT means a building in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production but it does not include a salvage yard.
REGISTRY ACT means the Registry Act, R.S.P.E.I. 1988, Cap. R-10, as amended from time to time.
RESIDENTIAL CARE FACILITY means a building or premises licensed by the Province of Prince Edward Island, where accommodation and supervisory and/or personal care is provided or made available for more than three persons and includes a group home.
RESIDENTIAL LOT means a lot where the primary use is residential.
RESIDENTIAL SUBDIVISION DEVELOPMENT means a multi-lot subdivision comprised of lots for human habitation which is recognized by one designated name.
RESIDENTIAL USE means the use of a parcel, structure or parts thereof as a dwelling.
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.
RESOURCE INDUSTRIAL USE means the use of land or buildings for any industrial development directly associated with agriculture, fisheries or forestry industries.
RESOURCE USE means the use of land or buildings for production and harvesting or extraction of any agricultural, forestry, or fisheries product.
RESTAURANT means structures or part thereof where food and drink is prepared and offered for sale to the public.
RETAIL STORE means a building or part thereof in which foods, goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public.
ROAD - see STREET
ROADS ACT means the Roads Act, R.S.P.E.I. 1988, Cap. R-15, as amended from time to time.
RURAL TOURISM USE means the use of a building or land for non-recreational commercial uses related to tourism, including rental accommodations and campgrounds.
## S
SALVAGE YARD means an area of land used for the storage, handling, processing, and sale of scrap materials including but not limited to scrap metal, vehicles, tires and batteries, but shall not include a hazardous waste materials storage or disposal site or recycling depot.
- SCREENING means to limit the view of objects through the use of landscaping and/or fencing.
- SECONDARY SUITE - see Accessory Dwelling Unit.
- SECONDARY USE means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or building and located on the same lot.
- SENIOR CITIZEN HOME means a residential building featuring multiple dwelling units designed for occupation by senior citizens, which may include ancillary uses such as lounges and recreation facilities.
- SENIOR CITIZEN means a person deemed to be eligible for accommodation in a senior citizen home under the terms of the PEI Housing Corporation Act or comparable Provincial statute.
- SERVICE SHOP means a building or part thereof used for the sale and repair of household articles and shall include radio, television, and appliance repair shops but shall not include industrial, manufacturing or motor vehicle body repair shops.
- SERVICE STATION means a building or part of a building or a clearly defined space on a lot used for the sale of lubricating oils and gasolines and may include the sale of automobile accessories and the servicing and repairing essential to the actual operation of motor vehicles.
- SETBACK means the minimum horizontal separation distance between two objects as identified in this Bylaw, such as a structure, street line, watercourse, or zone boundary, except fences.
SEVERANCE - see SUBDIVISION.
- SEWAGE 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.
- SEWAGE DISPOSAL SYSTEMS REGULATIONS means the Sewage Disposal Systems Regulations made under the Environmental Protection Act, as amended from time to time.
SEWAGE SYSTEM means a system of pipes for the disposal of sewage controlled by a utility.
- SHARED HOUSING means a use that contains four (4) or more bedrooms, that meets one or more of the following:
- i that are rented for remuneration as separate rooms for residential accommodation; or
- that are operated by a governmental department or agency, a non-profit organization or a registered Canadian charitable organization that provides support services to the occupants of the shared housing, such as but not limited to group homes, dormitories, rooming houses, and community care facilities, nursing homes, and senior citizen homes
and includes shared housing with special care but does not include a bed and breakfast, short-term rental, hotel, motel, or tourism establishment. For greater certainty, a shared housing use is not considered a multiple attached dwelling use.
- SHARED HOUSING WITH SPECIAL CARE means a type of shared housing use that is designed to provide a level of care to residents with cognitive, physical or behavioural limitations including options for individual dwelling units for occupants, such as assisted living, community care, nursing homes, senior citizen homes, and includes a group home. For greater certainty, shared housing with special care must meet the definitions for shared housing.
- SHORT-TERM RENTAL means the use of a residential dwelling, or one or more sleeping units or rooms within a dwelling for temporary overnight accommodation for a period of 29 days or less. This use does not include bed and breakfasts, hotels or motels.
- SITE PLAN means an appropriately scaled drawing or drawings of the proposed development of a site, showing the existing and proposed natural and built features of the site.
SITE-SPECIFIC AMENDMENT USE means a use that is not allowable by right and is only permitted where a sitespecific amendment has been enacted
SOLAR ARRAY means a system of any number of solar collectors and associated mounting and electrical equipment. The capacity of a photovoltaic solar array is considered to be the aggregate nameplate capacity of all associated solar collectors.
SOLAR ARRAY, GROUND-MOUNTED or GROUND MOUNTED SOLAR ARRAY means a solar array of any size that is structurally supported by the ground, rather than by a building.
SOLAR ARRAY, ROOF-MOUNTED or ROOF MOUNTED SOLAR ARRAY means a solar array that is structurally supported by a building, rather than by the ground.
- SOLAR COLLECTOR means a device, structure or a part of a device or structure for which the primary purpose is to convert solar radiant energy into thermal, chemical, or electrical energy (photovoltaic).
- SPECIAL PERMIT USE means a use that may be problematic within a zone and whose intensity, impacts or other characteristics require review by Council to ensure that the development meets certain restrictive performance standards for the use at the designated location.
- STOREY means that portion of a building which is situated between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of such floor and the ceiling above it provided that any portion of a building partly below grade shall not be deemed a storey unless its ceiling is at least 1.83 m. (6 ft.) above grade and provided also that any portion of a storey exceeding 4.27 m. (14 ft.) in height shall be deemed an additional storey for each 4.27 m. (14 ft.) or fraction thereof.
- STREET LINE means the boundary of a street or private road
- STREET means all the area within the boundary lines of every road, street or right-of-way which is vested in the Province or the Town 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.
- STRUCTURAL ALTERATIONS means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, any change in the exterior dimensions of a structure, or any increase in the floor area of a structure.
- 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.
- STUDIO means a building or part thereof used for the study, or instruction on of any fine or commercial art including photography, music, visual arts, and commercial design or the sale of craft products.
- SUBDIVISION AGREEMENT means an agreement executed between the developer and the Town respecting the terms under which a subdivision may be carried out.
SUBDIVISION or SUBDIVIDE means a severance, division, consolidation, or other re-configuration of a lot(s) or parcel(s) for the purpose of development and/or transfer of ownership.
SURVEY PLAN means an appropriately scaled drawing of survey details, certified by a professional land surveyor. 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 0.91 m. (3 ft.) or more at any point and having a minimum surface area 10 sq. m. (108 sq. ft.).
## T
TEMPORARY PERMIT means a permit for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
TEMPORARY USE means any commercial or non-commercial facility or use of a parcel of land, structure which by its nature is not permanently established or has a limited duration and shall include but not be limited to the following: yard sales, tents, awnings, lean-tos, kiosks, carts, prefabricated structures, sheds, moveable vehicles and moveable structures with or without chassis or wheels, and any other facility, structure, enclosure or device used or intended to be used for the temporary display or sale of retail goods, provision of services or sale of any food or beverage.
TINY HOME means a dwelling unit, affixed to the ground, not more than 55.7 sq. m. (600 sq. ft.) in floor area including loft floor area that is site built or prefabricated, permanently affixed to the ground, and provided with permanent on-site services and/or connected to municipal services.
TOURISM ESTABLISHMENT means an establishment that provides temporary accommodation for a guest for a continuous period of less than one month, and includes a building, structure or place in which accommodation or lodging, with or without food, is furnished for a price to travellers, such as a cabin, rental cottage, housekeeping unit, hotel, lodge, motel, inn, hostel, bed and breakfast establishment, resort, recreational vehicle, travel trailer park, recreational vehicle park, yurt, geodesic dome, bunkie, houseboat, short-term rental, camping cabin, and campground, but does not include a summer camp.
TOURISM INDUSTRY ACT means the Tourism Industry Act, R.S.P.E.I 1988, T-3.3, as amended from time to time.
TOURIST ATTRACTION means the operation of one or more commercial tourist attractions which includes indoor and/or outdoor activities, structures, scenic attractions, and/or educational, scientific, natural, cultural, heritage or entertainment experiences. This use may include indoor and outdoor interpretive, display, and performance spaces.
TOWN means the Town of O'Leary.
## U
USE means any purpose for which a 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 structure or on a parcel.
- UTILITY, PRIVATE means any person or corporation and the lessees, trustees, liquidators or receivers of any person or corporation who owns, operates, manages or controls, or is incorporated for the purpose of owning, operating, managing or controlling any plant or equipment
- i for the conveyance or transmission of telephone messages or internet services;
## V
VARIANCE means an authorized relaxation from the standards imposed by this Bylaw with respect to lot size or dimensions, setbacks, area or the height or size of a structure.
VEHICLE means any motor vehicle, trailer, boat, motorized snow vehicle, mechanical equipment and any vehicle drawn, propelled or driven by any kind of power, including muscular power.
## W
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.
WATER ACT means the Water Act R.S.P.E.I. 1988, Cap. W-1.1, as amended from time to time.
WATER WITHDRAWAL REGULATIONS means the Water Act Water Withdrawal Regulations made under the Water Act, as amended from time to time.
WATERCOURSE AND WETLAND PROTECTION REGULATIONS means the Watercourse and Wetland Protection Regulations made under the Environmental Protection Act, as amended from time to time.
## WATERCOURSE BOUNDARY means:
- in a non-tidal watercourse, the edge of the sediment bed; and
- .ii in a tidal Watercourse, the top of the bank of the watercourse and where there is no discernable bank, means the mean highwater mark of the watercourse.
WATERCOURSE means an area which has a sediment bed and may or may not contain water, and without limiting the generality of the foregoing, includes the full length and width of the sediment bed, bank and shore of any water therein, and any part thereof, up to and including the Watercourse Boundary.
WELL CONSTRUCTION REGULATIONS means the Water Act Well Construction Regulations adopted pursuant to the Water Act, as amended from time to time.
WETLAND BOUNDARY means where the vegetation in a wetland changes from aquatic or water-tolerant vegetation to terrestrial vegetation or water-intolerant vegetation.
- for the production, transmission, distribution or furnishing of electric energy; or
- iii for the provision of water or sewer service,
to or for that person or corporation and not to or for the public.
UTILITY BUILDING means a building which houses stationary equipment for telephone, electric power, public water supply, or sewage services.
UTILITY, PUBLIC means any person or corporation and the lessees, trustees, liquidators or receivers of any person or corporation who owns, operates, manages or controls, or is incorporated for the purpose of owning, operating, managing or controlling any plant or equipment either directly or indirectly, to or for the public,
- for the conveyance or transmission of telephone messages or internet services;
- .ii for the production, transmission, distribution or furnishing of electric energy; or
- .ili for the provision of water or sewer service.
WETLAND means an area which contains hydric soil, aquatic or water-tolerant vegetation, and may or may not contain water, and includes any water therein and everything up to and including the wetland boundary, and without limiting the generality of the foregoing, includes any area identified in the Prince Edward Island Wetland inventory as open water, deep marsh, shallow marsh, salt marsh, seasonally flooded flats, brackish marsh, a shrub swamp, a wooded swamp, a bog or a meadow.
WIND ENERGY FACILITY consists of any number of wind turbine generators and associated roads, power lines, interconnection equipment, control systems, energy storage systems, inverters or transformers. Wind Energy Facilities are classified as follows:
SMALL WIND ENERGY FACILITY means any number of wind turbine generators with an aggregate nameplate capacity equal to or less 100 KW.
LARGE WIND ENERGY FACILITY means any number of wind turbine generators with an aggregate nameplate capacity greater than 100 KW up to 1 MW.
PARTICIPATING PROPERTIES means a lot or parcel of land that are considered to be party to a wind energy facility, whose owners has confirmed in writing that they acknowledge their intent to host physical components, waive setback requirements, or generally participate in the wind energy facility.
WIND TURBINE GENERATOR or WIND TURBINE means all parts of a generator that converts kinetic energy from the wind to electrical energy, including the foundation, tower, blades, nacelle, and guy wires.
TOTAL TURBINE HEIGHT means the height from ground level to the top of the rotor at its highest point.
WIND TURBINE TOWER means the guyed or freestanding structure that supports a wind turbine generator.
WIND TURBINE TOWER HEIGHT means the height above grade to the centre of the rotor hub.
## Y
YARD means an open, uncovered space on a lot appurtenant to a building and unoccupied by structures except as specifically permitted in this Bylaw and
## Z
ZONE means a designated area of land shown on the Zoning Map of the Bylaw within which land uses are restricted to those specified by this Bylaw.
ZONING MAP means the map included as Schedule A to this Bylaw or as amended from time to time, depicting the boundaries of all land use zones.
FRONT YARD means a yard extending across the width of a lot between the front lot line and nearest wall of any structure on the lot and "minimum front yard" means the minimum depth of a front yard on a lot between the front lot line and the nearest main wall of any structure on the lot.
REAR YARD means a yard extending across the width of a lot between the rear lot line and the nearest wall of any main structure on the lot and "minimum rear yard" means the minimum depth of a rear yard on a lot between the rear lot line and the nearest main wall of any main structure on the lot.
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 structure on the lot, and "minimum side yard" means the minimum width of a side yard on a lot between a side lot line and the nearest main wall of any main structure on the lot.
Figure 3 - Yard Types
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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 structure on the lot.
## 3 DEVELOPMENT ZONES
## 3.1 DEVELOPMENT ZONES
- (1) For the purpose of this Bylaw the Town is divided into the following zones, the boundaries of which are subject to section 3.2 and are shown on the Zoning Map in Schedule A. Such zones may be referred to by the appropriate symbols.
| ZONE | SYMBOL |
|----------------------------------|----------|
| Low Density Residential | R1 |
| Medium Density Residential | R2 |
| Mixed Density Residential | R3 |
| General Commercial | C1 |
| Industrial | M1 |
| Public Service and Institutional | PSI |
| Recreation and Open Space | 01 |
| Environmental Reserve (Overlay) | 02 |
| Agricultural | A1 |
## 3.2 INTERPRETATION OF ZONE BOUNDARIES
- (1) Boundaries between zones as indicated in Schedule "A" shall be determined as follows:
2. (a) where a zone boundary is indicated as following a street, the boundary shall be the center line of such street;
3. (b) where a zone boundary is indicated as following lot or property lines, the boundary shall be such lot or property lines;
4. (c) where a zone boundary is indicated as following the limits of the Town, the limits shall be the boundary of the Town; or
5. (d) where none of the above provisions apply, the zone boundary shall be scaled from the original Zoning Map on file at the Town's office.
- (2) The Zoning Map shall indicate the approximate boundaries of the Environmental Reserve (Overlay) (02) Zone; however, the exact boundaries of the 02 Zone shall be the boundaries of all wetlands, watercourses, and buffer zones as determined by the Province's department responsible for the Watercourse and Wetland Protection Regulations.
## 3.3 ZONING MAP
- (1) Schedule A may be cited as the Zoning Map and forms a part of this Bylaw.
## 4 ADMINISTRATION
## 4.1 DEVELOPMENT PERMIT REQUIRED
## (1) No person shall:
- (a) change the use of a parcel of land or a structure or part of a structure;
- (b) commence any "development";
- (c) construct or replace any structure or deck;
- (d) make structural alterations to any structure;
- (e) establish or start a home-based business;
- (f) make any sewer connection;
- (g) make any underground installation such as a septic tank, fuel tank, or a foundation wall;
- (h) move or demolish any structure greater than 20 sq. m. (215.3 sq. ft.);
- (i) establish or operate an excavation pit;
- (j) construct a street;
- (k) construct a new driveway or alter a driveway access;
- (1) place, dump or remove any fill or other material;
- (m) establish or place a swimming pool;
- (n) erect or replace a solar array;
- (o) subdivide or consolidate a parcel or parcels of land; or
- (P) construct a fence over 1.22 m. (4 tt.) high
without first applying for, and receiving, a development permit or subdivision approval, as the case may be, except where otherwise specifically provided in this Bylaw.
## 4.2 NO DEVELOPMENT PERMIT REQUIRED
- (1) Unless otherwise specified, no development permit shall be required for:
2. (a) laying paving materials for patios or sidewalks;
3. (b) constructing a fence 1.22 m. (4 ft.) or less in height;
4. (c) installing clotheslines, poles, and radio or television antennae;
5. (d) making a garden;
6. (e) growing a crop or preparing land for a crop;
7. (f) making landscaping improvements or constructing ornamental structures of less than 64 sq. ft. (6.4 sq.
8. (g) the use of a portion of any dwelling unit or building accessory to a dwelling unit as a personal office for residents of the dwelling unit provided the personal office will not be visited by members of the public and no signage is posted;
9. (h) the use of a portion of any dwelling unit for the instruction of up to two students at a time provided no signage is posted;
10. (i) public utilities located within the street, and
11. (j) a development that involves the interior or exterior renovation of a building that will not change the shape of the building or increase its volume, will not add more dwelling units, or will not involve a change in the use of the building,
although the applicable requirements of this Bylaw shall still be met.
## 4.3 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS
- (1) Nothing in this Bylaw shall exempt any person from complying with the requirements of any other bylaw of the Town or from obtaining any license, permission, authority, or approval required by any other bylaw of the Town or any legislation or regulation of the Province or the Government of Canada.
- (2) Where the provisions of this Bylaw conflict with those of any other bylaw of the Town, the more stringent provision shall prevail.
- (3) When a development does not require a development permit, the requirements of the Bylaw and any other applicable bylaws of the Town or any statute, regulation, or other enactment of the Province or the Government of Canada, shall still apply.
- (4) A development permit issued under the Bylaw does not substitute or supersede the requirement for a building permit for the construction, demolition, occupancy or use of a building under the Building Codes Act and applicable regulations.
- (5) A building permit issued under the Building Codes Act and applicable regulations, does not substitute for or supersede the requirement for a development permit under the Bylaw.
## 4.4 PERMIT APPLICATION
- (1) Any person applying for a permit shall do so on a form prescribed by Council and shall submit the application to the Town. Where the person applying for the permit is not the owner of the subject property, they must provide the Town with written authorization from the property owner allowing that person to apply for the permit on the owner's behalf as the authorized agent.
- (2) An application is considered incomplete, and a decision shall not be rendered on such an application, until such time as all required information is submitted, including the:
3. (a) application form, signed and dated by the owner or owner's authorized agent;
4. (b) the application fee and any other required fees in accordance with the schedule of fees established by Council and annexed hereto as Schedule C;
5. (c) site plans, drawings, and other representations of the proposed development, as required;
6. (d) approval(s) from other governments or agencies, as required; and
7. (e) additional information, as required by the development officer.
- (3) An incomplete application shall be considered null and void if the applicant does not submit the required information and does not make payment in full on the application, within six (6) months of submitting the initial application form.
- (4) An application submitted in accordance with the Bylaw shall constitute authorization for inspection of the structure or land in question by the development officer, or an officer or agent of the Town, for the purpose of ensuring compliance with the provisions of the Bylaw.
- (5) Notwithstanding any section of this Bylaw, development permits are not valid and will not be recognized until the application fee and any other required fees are paid in full, and the development permit is signed by the applicant.
## 4.5 SITE PLAN
- (1) Every application for a development permit shall be accompanied by a site plan, drawn to scale, and showing:
2. (a) the proposed use of the lot and each structure to be developed;
3. (b) the boundaries of the subject lot, including dimensions and lot area;
4. (c) the general location and use of every structure already erected on the lot and of buildings on abutting lots within 15.2 m. (50 ft.) of the location of the proposed structure;
5. (d) the location of the sewage disposal system, if required;
6. (e) the location of the well, if required;
7. (f) the distance between any existing or proposed well and sewage disposal system;
8. (g) the location of any well, sewage disposal system, and driveways within 30 m. (98.43 ft.) on adjacent lots;
9. (h) the proposed and existing location and dimensions of any entrance way, parking space, and parking lot on
10. (i) all existing streets, rights-of-way, and easements on and adjacent to the lot;
11. (i) the location of existing and proposed driveways, including the distance from the centre of the driveway to the nearest property boundary;
12. (k) the location and exterior dimensions of the proposed structure, including any deck, porch or veranda attached thereto;
- (1) the distance from the proposed structure to all property boundaries;
14. (m) the distance from the proposed structure to any existing structures;
15. (n) elevation plan(s) of each exterior wall of the proposed structure;
16. (o) slope and direction of surface drainage;
17. (p) the distance from the proposed structure to the boundary of any wetland, watercourse, or the top of the bank adjacent to a wetland or watercourse and the location of the buffer zone as defined in the Watercourse and Wetland Protection Regulations;
- (9) north arrow and scale; and
19. (r) any other information the development officer deems necessary to determine whether the proposed development conforms to the requirement of this Bylaw.
## 4.6 OTHER INFORMATION
- (1) The development officer or Council may require an applicant to submit any additional information related to the proposed development which is deemed necessary in order to determine whether or not the development conforms to the requirements of the Bylaw, Official Plan, and applicable laws of the Province, including but not limited to the following:
2. (a) parking lot layout and internal circulation patterns;
3. (b) location of garbage containers, storage areas, and description of any screening or fencing;
4. (c) landscaping plan;
5. (d) buffer zones adjacent to wetland areas or watercourses;
6. (e) existing vegetation;
7. (t) easements;
8. (g) surveys;
9. (h) existing and proposed contours;
10. (i) adjacent surface water features and steep slopes;
11. (i) the stormwater management plan for the subdivision;
12. (k) the location of open space and amenity areas;
- (1) existing and proposed vegetation including trees and landscaping, with proposed and existing differentiated;
- (m) the proposed storage areas and description of any screening or fencing;
- (n) the location and size of underground shared sewer and water utilities;
- (o) an indication that consideration has been given to accommodating the appropriate future development of the balance of the site; and
- (p) traffic impact studies.
- (2) In the event of an application in relation to a lot located in or within 30 m. (98.43 ft.) of the Environmental Reserve (02) Zone, the boundary of the watercourse or wetland shall be delineated on a survey plan, which shall be dated no more than 12 months from the date of the application.
## 4.7 SURVEYS REQUIRED
- (1) Where it is necessary to confirm the location of an existing structure in relation to a boundary in order to determine the compliance of an application with this Bylaw or other bylaws, policies or regulations in force which apply to the proposed development, the development officer may require the developer to provide a survey plan.
- (2) Following the issuance of a development permit for any proposed development within 0.30 m. (1.0 ft.) or less of the minimum setback permitted in the zone, a footing certificate or survey plan shall be prepared by a professional land surveyor and submitted to the Town to confirm the location of the building's footing prior to the foundation walls being poured.
- (3) The site plan shall be based on a survey plan when:
4. (a) the lot subject to a development does not meet the minimum lot area or lot frontage requirements of this Bylaw; or
5. (b) the location of an existing structure with respect to the lot boundary or with respect to the proposed structure is necessary, in the opinion of the development officer, in order to determine whether the application complies with the Bylaw.
## 4.8 CONDITIONS ON PERMITS
- (1) Council or the development officer, as the case may be, shall have the authority to impose conditions on a permit subject to such conditions being directly related to or consistent with the Town's bylaws and Official Plan.
## 4.9 PROCEDURES FOR SPECIAL PERMIT USES
- (1) A development permit for special permit use set out in a zone may be issued in that zone if Council is satisfied that the proposed development:
2. (a) is deemed appropriate and complements the scale of the adjoining properties;
3. (b) would not be contrary to the general intent and purpose of the Official Plan, to this Bylaw, and to the public interest, and
4. (c) is not likely to cause any hardship to surrounding properties due to excessive noise, traffic congestion or any other potential unreasonable nuisance.
## 4.10 FIRE MARSHAL APPROVAL
- (1) The development officer shall refer applications involving the following uses to the Province's fire marshal's office for comment prior to the development permit being issued:
2. (a) twelve or more dwelling units on a single parcel;
3. (b) commercial uses;
- (c) institutional uses; and
- (d) outdoor sporting event or concerts.
- (2) The development officer may refer any other applications for a development permit as required to the Province's fire marshal's office for comment prior to the development permit being issued.
## 4.11 DEVELOPMENT AGREEMENT
- (1) Council may require any owner of a property that is the subject of an application for a development permit to enter into a development agreement. This development agreement shall be a contract binding on both parties, containing all conditions which were attached to the development permit, as well as any other matters identified pursuant to subsection (2). Failure to comply with a development agreement shall constitute an offence under this Bylaw.
- (2) A development agreement may address but shall not be limited to the following matters:
3. (a) site design;
4. (b) the design and construction of sidewalks, pathways and other pedestrian access matters;
5. (c) landscaping and screening;
6. (d) vehicular accesses and exits;
7. (e) the design and allocation of parking lots and parking spaces;
8. (f) security and safety lighting;
9. (g) posting of a financial guarantee, performance bond, or other security satisfactory to Council;
10. (h) methods of waste storage and disposal;
11. (i) fencing; and
12. (j) any other matters that Council deems necessary deems necessary to ensure compliance with this Bylaw.
- (3) The development agreement shall be registered in accordance with the Registry Act and all fees associated with the preparation, registration, and enforcement of the development agreement, including the Town's legal fees, shall be paid by the developer.
- (4) A development permit issued subject to a development agreement shall include a condition that the development agreement be signed prior to the issuance of the development permit.
## 4.12 AUTHORIZATION FOR INSPECTION
- (1) An application submitted in accordance with the Bylaw shall constitute authorization for inspection of the structure or land in question by the development officer or an officer or agent of the Town for the purpose of ensuring compliance with the provisions of this Bylaw and in accordance with Part IV of the Planning Act and Part 9, Division 1 of the Municipal Government Act.
## 4.13 CONSTRUCTION PLANS
- (1) Council may require the applicant to submit a construction plan for the development addressing such details as construction phasing, stockpiling of soil, temporary screening or fencing, erosion or run-off control measures, heavy truck access, hours of operation and any other item which could in the opinion of Council present a nuisance or hazard during construction.
## 4.14 CERTIFICATE OF COMPLIANCE
- (1) As a condition of any development permit, Council may require that any applicant shall not use or occupy, or being the owner thereof, shall not permit any building or premises, or part thereof, to be used or occupied after it has been erected, altered, placed or reconstructed until there has been issued to the owner an official certificate of compliance certifying that the building or premises or part thereof conform to the provisions of this Bylaw and any conditions noted on the development permit or the development agreement.
## 4.15 PERMITS POSTED
- (1) The property owner shall be responsible for displaying a copy of all permits in a visible location on the property.
## 4.16 EXPIRY OF APPROVALS
- (1) A development permit shall be valid for a 24-month period from the date of issue.
- (2) If, after 24 months, work has not been completed, an application shall be made to the development officer, the appropriate fee shall again be paid, and a new development permit shall be obtained before any further work is undertaken, and the application shall be assessed against the requirements of this Bylaw and the Official Plan at the time of re-application.
- (3) Preliminary approvals of a subdivision shall be effective for a period of 24 months.
## 4.17 MOVING OF BUILDINGS
- (1) No building shall be moved within or into the area covered by this Bylaw without a development permit and such other permits as may be required by law.
- (2) When a structure has been moved or demolished, the applicant shall be responsible for ensuring the lot is graded appropriately to address any potential stormwater run-off.
## 4.18 DEVELOP IN ACCORDANCE WITH APPLICATION
- (1) Any person who has been granted a development permit shall develop in accordance with the information given on the prescribed application form and the conditions included in the development permit or development agreement.
- (2) No building shall be erected or placed except in conformance with the approved finished grade for its site or the street, after its construction.
## 4.19 DENYING PERMITS
- (1) No development permit shall be issued if:
2. (a) the proposed development does not conform to this Bylaw or other bylaws of the Town or any applicable enactments of the Province or of the Government of Canada;
3. (b) the proposed development could injure or damage a neighbouring lot or other property in the Town, including but not be limited to, hazards, injuries or damages arising from water drainage run-off and flooding;
4. (c) the method of water supply is not appropriate;
5. (d) the method of sanitary waste disposal is not appropriate;
6. (e) there is not a safe and efficient access to a street;
7. (f) the proposed development would create unsafe traffic conditions;
- (g) the proposed development involves a proposed access that requires the use of a private road or access over an adjacent property for which a legal right-of-way has not been properly granted;
- (h) the proposed development would have a detrimental impact on the environment, including by reason of noise, dust, drainage, infilling, or excavation which affects environmentally sensitive areas; or
- (i) the proposed development does not conform to any landscaping or lot grading policy adopted by council.
- (2) The development officer may revoke a development permit where information provided on the application is found to be inaccurate.
## 5 GENERAL PROVISIONS FOR ALL ZONES
## 5.1 ACCESSORY STRUCTURES
- (1) Accessory structures shall be permitted on any lot subject to the following:
- (2) All accessory structures shall be included in the calculation of maximum lot coverage as described in the lot requirements for the applicable zone.
- (3) No accessory structures shall be constructed:
4. (a) prior to the construction of the main building to which it is accessory; or
5. (b) prior to the establishment of the use of the lot where no main building is to be built.
| | All uses | All uses | All uses |
|------------------------------------------------|-----------------------------------------------------------------------------|-----------------------------------------------------------------------------|-----------------------------------------------------------------------------|
| Used for human habitation | Only where a dwelling is a permitted accessory use | Only where a dwelling is a permitted accessory use | Only where a dwelling is a permitted accessory use |
| Located in front yard or flankage yard | Not permitted | Not permitted | Not permitted |
| Minimum distance to any lot line | 1.52 m. (5 ft.) | 1.52 m. (5 ft.) | 1.52 m. (5 ft.) |
| Minimum distance from main building on the lot | 3.05 m. (10 ft.) | 3.05 m. (10 ft.) | 3.05 m. (10 ft.) |
| Maximum height | The lesser of 6.7 m. (22 ft.) or the height of the main building on the lot | The lesser of 6.7 m. (22 ft.) or the height of the main building on the lot | The lesser of 6.7 m. (22 ft.) or the height of the main building on the lot |
| | Residential Use | Commercial, Industrial, Institutional, Farm Use | Parcel > 0.4 ha (1 acre), regardless of use |
| Maximum number of accessory structures | 2 | No limit | 1 additional per each additional 0.4 ha or part thereof |
| Maximum combined floor area | 93 sq. m. (1,000 sq. ft.) | No limit | 93 sq. m. (1,000 sq. ft.) |
Figure 4 - Siting of Accessory Structures
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## 5.2 BED AND BREAKFAST AND SHORT-TERM RENTALS
- (1) Bed and Breakfasts shall be permitted to operate in any single-detached dwelling subject to the following:
2. (a) the dwelling shall be occupied as a residence by the principal operator and the external appearance of the dwelling shall not be changed by the bed and breakfast operation;
3. (b) not more than 3 rooms shall be offered for overnight accommodation;
4. (c) adequate off-street parking, shall be provided in accordance with Part 5 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
5. (d) there shall be no outdoor storage or visible outdoor display area.
- (2) A short-term rental shall be permitted to operate in any single-detached dwelling subject to the following:
7. (a) the external residential appearance of the dwelling shall not be changed by the short-term rental operation; and
8. (b) there shall be no outdoor storage or outdoor display area.
- (3) Notwithstanding clauses 5.3 (1)(b), Council may allow a larger number of rooms, where it deems that such a development is appropriate and there would be no significant inconvenience or nuisance to adjoining properties.
## 5.3 EXISTING NON-CONFORMING LOTS
- (1) Notwithstanding any other provisions of this Bylaw:
2. (a) a vacant lot held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum width or area required, may be used for a purpose permitted in the zone in which the lot is located and a structure may be erected on the lot provided that all other applicable provisions in this Bylaw are satisfied; and
3. (b) a lot containing a structure and held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum frontage, lot depth or lot area required by this Bylaw, may be used for a purpose permitted in the zone in which the lot is located, and a development permit may be issued provided that all other applicable provisions in this Bylaw are satisfied.
- (2) A non-conforming lot which is increased in area or lot frontage or both, but remains undersized, is still considered an existing non-conforming lot.
## 5.4 EXISTING NON-CONFORMING STRUCTURES
- (1) Where a structure has been erected on or before the effective date of this bylaw having less than the minimum frontage or area, or having less than the minimum setback or side yard or rear yard required by this Bylaw, the structure may be enlarged, reconstructed, repaired or renovated provided that:
2. (a) the enlargement, reconstruction, repair or renovation does not further reduce the front yard, side yard or rear yard which does not conform to this Bylaw; and
3. (b) all other applicable provisions of this Bylaw are satisfied.
- (2) If a structure which does not conform to provisions of this Bylaw is destroyed by a fire or otherwise to an extent of 50% or more of the assessed value of the structure above its foundation, it shall only be rebuilt or repaired in conformity with the provisions of this Bylaw.
## 5.5 EXISTING NON-CONFORMING USES
- (1) Subject to the provisions of this Bylaw, a structure, or use of land or structures lawfully in existence on the effective date of approval of this Bylaw may continue to exist.
- (2) A structure shall be deemed to exist on the effective date of approval of this Bylaw if:
2. (a) it was lawfully under construction; or
3. (b) the permit for its construction was in force and effect, but this clause shall not apply unless the construction is commenced within 6 months after the date of the issue of the development permit and is completed in conformity with the development permit prior to its expiry.
- (3) Notwithstanding anything else in this Bylaw, a structure, or use of land or structures lawfully in existence on the effective date of this Bylaw may be changed to a use permitted on the lot where the lot area or frontage or both is less than that required by this Bylaw, provided that all other applicable provisions of this Bylaw are satisfied.
- (4) No structural alterations that would increase the exterior dimensions, except as required by statute or bylaw, shall be made to a structure while a non-conforming use thereof is continued;
- (5) Any change of tenants or occupants of any premises or building shall not of itself be deemed to affect the use of the premises or building for the purposes of this Bylaw;
- (6) A non-conforming use of land or structures shall not be permitted if it has been discontinued for a period of twelve (12) months consecutively, and in such event, the land, structure shall not thereafter be used except in conformity with this Bylaw.
- (7) No increase in the area occupied by the non-conforming use shall occur while a non-conforming use is being continued to the extent that the increase in the area would have the impact of changing the type of use, modifying or adding activities.
## 5.6 FRONTAGE ON A STREET AND ACCESS
- (1) Subject to subsections (2), no development permit shall be issued unless the lot or parcel of land intended to be used or upon which the structure is to be erected abuts and fronts upon a street.
- (2) Council may approve a development permit for a residential or commercial structure which fronts on a private right-of-way, provided that the following criteria are met:
3. (a) no reasonable provision can be made to provide access to a street;
4. (b) safe ingress and egress from the lot can be provided from the lot or private right-of-way to a street;
5. (c) the applicant can establish legal entitlement to use the private right-of-way for access to the property in question and any such legal entitlement that has been established through an agreement with the owner of the private right-of-way shall be registered in accordance with the provisions of the Registry Act; and
6. (d) The owner shall be required to enter into a Development Agreement with the Town, registered in accordance with the provisions of the Registry Act at the applicant's expense, acknowledging the following: The private right-of-way serving PID is not owned or maintained by the Town of O'Leary and therefore the Town of O'Leary shall have no liability for the private right-of-way. Without limiting the generality of the foregoing, the Town of O'Leary shall not be responsible for providing any services of any nature or kind to the private right-of-way. In addition, the private right-of-way may not be entitled to receive other public services such as grading, ditching, snowplowing, gravelling, school busing, solid waste collection, or emergency vehicle access.
- (3) All fees associated with the preparation and registration of the development agreement required under clause (2)(d) including the Town's legal fees, shall be paid by the applicant.
- (4) No person shall construct or use an entrance way except where that entrance way meets the minimum requirements as established under the Planning Act, the Roads Act, or any successor enactment.
## 5.7 HEIGHT REGULATIONS
- (1) Any maximum height restriction set out in this Bylaw shall not apply to steeples, spires, lightning rods, water tanks, monuments, elevator enclosures, silos, flag poles, lightning standards, television or radio antennas, communications towers, ventilators, skylights, chimneys, smokestacks, clock towers, power transmission towers, roof top cupolas, utility poles, roof-mounted solar arrays, fire towers, tourism attractions, or drive-in theatre screens.
- (2) Notwithstanding any maximum height restriction set out in this Bylaw and the variance provisions in Part 16, Council may approve a building exceeding the maximum height where:
3. (a) the building and construction are in accordance with the National Building Code;
4. (b) the firefighting access has been approved by the Province's fire marshal's office and the Town's fire protection provider; and
5. (c) the building contains a sprinkler system.
## 5.8 HOME-BASED BUSINESSES
- (1) Where a property is used for a home-based business use, the following shall apply:
2. (a) the dwelling shall be occupied as a residence by the principal operator;
3. (b) the external residential appearance of the building or property shall not be changed by the home-based business;
4. (c) there shall be no more than two non-resident assistants or employees for the home-based business;
5. (d) a maximum of either
6. (i) 25% of the total floor area of the dwelling; or
7. (ii) in the case of a single-detached dwelling lot, up to 100% of the total floor area of an accessory structure
shall be occupied by the home-based business;
- (e) adequate street access and off-street parking spaces shall be provided in accordance with Part 6 of this this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
- (f) there shall be no open storage or display area;
- (g) the home-based business may be permitted in the dwelling or in an accessory structure on a lot containing a single-detached dwelling but shall be restricted to the dwelling for other dwelling types; and
- (h) premise signs shall be restricted to a maximum of 0.258 sq. m. (400 sq. in) in total.
- (2) The use of a residential property for automobile sales and service establishments, car washes, or auto body shops as home-based businesses shall be prohibited in a residential or agricultural zone.
- (3) The home-based business shall not create a nuisance to residents in the surrounding neighbourhood such as:
- (a) generating traffic in a greater volume than would be normally expected in a residential neighbourhood;
- (b) generating noise at greater levels than would be normally expected in a residential neighbourhood;
- (c) hours of operation;
- (d) the creation of any vibration, heat, glare, odour or electrical interference, which is detectable from outside the dwelling;
- (e) use or store hazardous, toxic, flammable, or explosive substances; or
- (f) the discharge of any smoke, fumes, toxic substances or other noxious matter into the atmosphere.
- (4) Home office uses shall be permitted in all dwelling units, subject to the following:
2. (a) the principal operator of a home office use, and any employees, shall reside on the lot where the use is located;
3. (b) any home office use shall be wholly contained within a dwelling unit or an accessory structure, and shall not be apparent from the outside of the dwelling unit or accessory structure; and
4. (c) no signage is permitted for a home office use.
## 5.9 LANDSCAPE BUFFERING
- (1) The provision and maintenance of adequate landscape buffering and/or appropriate fencing shall be required to the satisfaction of the Council between residential zones and new commercial, industrial or other land uses characterized by significant traffic generation, the heavy use of trucks, noise, outdoor storage, congregations of people and other factors that may adversely affect adjacent residential amenity;
- (2) Where a General Commercial (C1) Zone or the Industrial (M1) Zone abuts the R1 Zone, Agricultural Zone, or an existing residential use along a side or rear lot line or both, the provision of a landscaping buffer of not less than 7.6 m. (25 ft.) in width along that side or rear lot line providing a visual buffer and maintained clear of any structure, driveway or parking lot shall be included as a condition on the development permit where a development permit for a commercial or industrial use has been granted for the C1 or M1 Zone property.
- (3) An adequate landscaping buffer may consist of, among other things, the following or a combination of the following:
4. (a) a grassed berm;
5. (b) planted vegetation;
6. (c) mature trees; and/or
7. (d) appropriate fencing.
## 5.10 MAIN BUILDING
- (1) Except in an R1 or R2 zone, more than one (1) main building may be placed on a lot in any zone, provided all other provisions of this Bylaw are met.
- (2) More than one (1) residential main building may be permitted on a parcel where clustered housing is a permitted use.
- (3) Where more than one main building is located on the same lot and is serviced by an internal drive providing access to the street or right-of-way:
4. (a) the development officer may refer the proposed access and the site plan and internal drive design, to the Province's Fire Marshal's Office and the Province's department responsible for the Roads Act for review and comment;
5. (b) the name of the internal drive shall be submitted for approval by the Province's Minister of Justice & Public Safety, in accordance with the Emergency 911 Act, where the development results in three (3) or more civic addressed dwellings, buildings, or units sharing the same internal drive or driveway, prior to the issuance of any permits; and
6. (c) in the case of a clustered housing development, the internal drive shall be designed by, constructed under the supervision of, and certified by, a professional engineer.
- (4) Where clustered housing is being proposed:
2. (a) the minimum lot area shall apply to the entire property where multiple buildings are being proposed, including any per-unit minimum lot area required under the applicable zone;
3. (b) the minimum lot frontage and setbacks shall be calculated as if one building is being located on the lot;
4. (c) a minimum separation distance of 6.1 m. (20 ft.) shall be required between individual main buildings; and
5. (d) in any new clustered housing development featuring 3 or more main buildings or an expansion of a clustered housing development bringing the total number of main buildings to 3 or more, 10% of the total land being used for clustered housing shall be designated for open space and park purposes.
## 5.11 MAXIMUM LOT COVERAGE
- (1) Maximum lot coverage shall be determined as the percentage of the lot covered by the main building(s) and any accessory structure(s).
## 5.12 MIXED USE
- (1) Where any land or building is used for more than one (1) purpose, all provisions of this Bylaw relating to each use shall be satisfied.
- (2) Where there is a conflict such as in the case of lot area or lot frontage, the higher or more stringent standard shall prevail.
## 5.13 ON-SITE WELLS AND SEPTIC SYSTEMS
- (1) Any permit for a residential, commercial, industrial or institutional building located on a lot that is not able to be connected to the municipal sewer system shall be conditional on the execution of a development agreement that will require the property owner to connect the property to municipal sewer at such as time as servicing is feasible.
- (2) Notwithstanding the minimum lot size standards of this Bylaw, all applications involving an on-site sewage disposal system or on-site water supply must meet the requirements of the Province-Wide Minimum Development Standards Regulations for on-site servicing based on soil category, as included as Schedule B of the Bylaw, and the Sewage Disposal Systems Regulations, Water Withdrawal Regulations, and Well Construction Regulations.
- (3) Every application for a development permit involving an on-site sewage disposal system or on-site water supply, or both, shall include a site plan showing the location of the on-site sewage disposal system and all proposed structures, a copy of the sewage disposal system Registration Form, and a site assessment for any lot for which a site assessment pursuant to the Environmental Protection Act has not been conducted within 22.86 m. (75 ft.) of the lot since December 31, 2006.
- (4) Every on-site sewage disposal system with a capacity of more than 6810 litres shall be designed and certified by a professional engineer.
- (5) Any application for a development or subdivision where daily groundwater extraction rates are expected to be higher than 25 cubic meters per day or in areas with existing intensive development or where, in the opinion of Council, there are concerns about the supply or quality of groundwater shall be referred to the Province's department responsible for the Environmental Protection Act or the Water Act.
- (6) Where Council has approved a variance to the minimum lot frontage, lot area and/or circle diameter requirements of the Province-Wide Minimum Development Standards Regulations in accordance with sections 4, 5, or 9 of those Regulations, or where the minimum lot size standards do not apply pursuant to section 8 of those Regulations, an application for a development permit shall also include the following:
2. (a) an on-site sewage disposal system proposal appropriate for the soil type, lot area and proximity to adjacent lots, designed and certified by a professional engineer; and
3. (b) confirmation from a licensed well driller that the proposed well location meets all applicable requirements for separation distance from adjacent existing wells and/or sewage disposal systems within the lot, or to wells or sewage disposal systems on adjacent lots.
## 5.14 PERMITTED USES IN ALL ZONES
- (1) The following uses are permitted in all zones: temporary construction facilities such as sheds, scaffolds and equipment incidental to the development for a maximum period of six months or for so long as construction is in progress, whichever is earlier, and for a maximum of 30 days following the completion of the development.
2. Except where otherwise specifically provided in this Bylaw, public parks or open space, public utilities, private utilities, utility buildings, and service facilities including, but not limited to, sewage treatment plants, pumping stations, transit transfer stations, utility services, and stormwater management facilities:
3. (a) may be located in any zone; and
4. (b) no zone standards related to setbacks, lot size, and siting in yards shall apply.
## 5.15 PETROLEUM STORAGE TANKS
- (1) Underground Petroleum Storage Tanks shall require a development permit from the Town before installation may proceed. In processing such application, the Town shall refer the application initially to the Province's department having jurisdiction for these facilities whereupon such application will be processed in accordance with applicable regulations. The Town shall not issue a permit to the developer until it has received written approval from the appropriate government authority.
## 5.16 RECREATIONAL VEHICLES
- (1) No person shall use or occupy a recreational vehicle other than in an approved campground unless Council has issued a temporary permit for such use under this section of this Bylaw.
- (2) A permit issued in accordance with subsection (1) shall be valid for one single period of not more than 120 days per year.
- (3) A recreational trailer occupied in accordance with this Bylaw shall be vacated or removed from the lot or parcel of land immediately following expiry of the development permit.
- (4) Notwithstanding subsection 5.16(1) above, an owner of a parcel may park and store a recreational vehicle on their parcel when it is not in use, provided the recreational vehicle is not located in the front yard and meets the rear yard and side yard setback requirements for a single-detached dwelling as required in the zone in which it is located.
- (5) Notwithstanding subsection 5.16(1) above, an owner of a parcel may occupy a recreational vehicle on their parcel if:
6. (a) the owner has obtained a development permit for the construction of a dwelling on that parcel; and
- (b) the work has commenced on that parcel.
- (6) The provisions of section 5.21 shall not apply to temporary permits issued under this section.
## 5.17 ACCESSORY DWELLING UNITS
- (1) One (1) secondary suite may be constructed within any existing single-detached dwelling, subject to the following:
2. (a) the property owner shall submit a written application to the Town on the prescribed form;
3. (b) the total floor area of all storeys of a secondary suite shall not exceed the lesser of:
4. (i) eighty percent (80%) of the total floor area of all storeys of the entirety of the main single-detached dwelling unit (excluding the garage floor area, and common spaces serving both dwelling units); or
5. (ii) 80 sq. m. (861 sq. ft.);
6. (c) one parking space shall be provided for the secondary suite, in addition to the parking space(s) required for the main dwelling under section 6.1 of this Bylaw;
7. (d) the secondary suite shall meet the requirements of the National Building Code and all requirements under the Town's bylaws; and
8. (e) water and wastewater treatment services for the secondary suite shall be provided through the singledetached dwelling and in the case of a connection with a septic tank system, the capacity of the systems shall be upgraded as needed to accommodate the increased intensity of use.
- (2) A secondary suite shall not be occupied by a shared housing use.
- (3) One (1) garden suite per single-detached dwelling lot shall be permitted in any zone subject to the following:
11. (a) the property owner shall submit a written application to the Town on the prescribed form;
12. (b) the garden suite shall not exceed 80 sq. m. (861 sq. ft.) in total floor area;
13. (c) the garden suite shall not exceed one storey in height;
14. (d) the garden suite shall be connected to the same electrical, water and sewage services as the main dwelling on the lot, and, in the case of a connection with a septic tank system, the capacity of the tank shall be adequate to accommodate both the main dwelling and the garden suite;
15. (e) the aggregate coverage of the lot by the main dwelling and the garden suite shall not exceed thirty-five percent (35%);
16. (f) one parking space shall be provided for the garden suite, in addition to the parking space(s) required for the main dwelling under section 6.1 of this Bylaw;
17. (g) the garden suite shall utilize the existing access driveway to the lot;
18. (h) the garden suite shall:
19. (i) not be located in the front or flankage yard of the lot;
20. (ii) be located a minimum of 1.2 m. (4 ft.) from the rear lot line, and
21. (iii) meet the minimum side yard setbacks for the main dwelling;
- (4) A garden suite shall not be occupied by a shared housing use.
- (5) Garden suites may be established in existing accessory structures where all applicable standards can be met. In addition, a garden suite in a new building may include accessory uses such as a garage or storage.
- (6) Notwithstanding clause (3)(c), where a garden suite is in an accessory structure that includes accessory uses such as a garage or storage, the accessory structure may be more than one storey, provided the living space does not exceed one storey in height and in no case shall the garden suite or accessory structure containing the garden suite exceed the height of the main dwelling on the lot.
- (7) Notwithstanding the requirements of clause (3)(d), for lots serviced by the Town's sewer system, Council may approve a garden suite having its own connection to the Town's sewer system where in the opinion of Council, a shared connection would not be feasible and separate connections would comply with all utility requirements.
## 5.18 SOLAR ENERGY SYSTEMS
- (1) Roof-mounted solar arrays shall be permitted in all zones, subject to the following:
2. (a) Roof-mounted solar arrays shall be installed in conformity with Chapter 11 of the National Fire Prevention Association (NFPA) 1 Fire Code.
- (2) Ground mounted solar arrays shall be permitted in all zones, subject to the following:
4. (a) the minimum setback to adjacent side or rear lot lines for ground mounted solar arrays shall be 4.6 m. (15 ft.) or the height of the ground mounted solar array as measured from grade to the highest point of the solar array, whichever is greater;
5. (b) the maximum height of a ground mounted solar array, as measured from grade to the highest point of the solar array, shall be 4.3 m. (14 ft.).
6. (c) in a residential zone, ground mounted solar arrays may only be placed in the rear or side yard; and
7. (d) the owner of the ground mounted solar array shall remove the ground mounted solar array and associated equipment sufficient to return the land to its previous use within two (2) year of the date the ground-mounted solar array ceases to generate electricity.
- (3) The application for a development permit for a ground-mounted solar array must include, in addition to the requirements of sections 4.5 and 4.13, the design of the solar collectors including racking and footings.
- (4) Ground-mounted solar arrays shall be subject to the lot coverage standards for the zone in which they are located.
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## 5.19 STRUCTURES WITH COMMON WALLS
- (1) Notwithstanding any other provisions of this Bylaw, where buildings on adjacent lots share a common wall, the applicable side yard requirement shall be zero (0) along the common lot line.
- (2) No semi-detached dwellings or townhouse dwelling shall be erected in a manner which will not permit subdivision into individual lots pursuant to section 18.9.
## 5.20 SWIMMING POOLS
- (1) The installation of a swimming pool shall be permitted in any zone in accordance with the following provisions:
2. (a) a development permit has been issued for the swimming pool;
3. (b) a 1.8 m. (6 ft.) fence fully encloses the swimming pool and is constructed in such a manner so as to impede unauthorized persons from entering over or under said fence;
Figure 5 - Siting of Ground-Mounted Solar Arrays
- (c) any gate on such fence is self-closing and self-latching to prevent its opening from outside the fenced area;
- (d) notwithstanding clause 5.20(1)(b), the development officer may allow one or more buildings to take the place of a portion of the fence so long as the swimming pool is fully enclosed by the fence and building(s);
- (e) the swimming pool is placed not less than 4.5 m. (15 ft.) from the nearest side yard line and not less than 6.1 m. (20 ft.) from the rear lot line;
- (f) disposal of water after de-chlorination shall be either through the sanitary sewer system or carried off by truck unless otherwise authorized by Council; and
- (g) the developer shall agree that other reasonable initiatives regarding maintenance and safety which are reasonable and prudent shall be carried out either at the initiative of the developer or the Council; and
- (h) the swimming pool shall not be located within a required yard that abuts a street.
## 5.21 TEMPORARY USES
- (1) Temporary structures shall conform to the setback requirements for an accessory structure in the zone.
- (2) The development officer may issue a temporary permit for the temporary erection of a structure or the temporary use of land in any zone in order to accommodate a special event, use, or occasion. The development officer may attach such conditions as they deem appropriate to ensure public safety and to mitigate any negative impacts on surrounding properties, including but not limited to parking, water supply, wastewater disposal and emergency management.
- (3) Council may grant a seasonal temporary use permit for a period not exceeding 5 months where, in the opinion of Council, the temporary use is compatible with an established or proposed permanent facility on the parcel of land and does not represent a conflict or nuisance to property owners in the vicinity or the general public. Council may attach such conditions it deems appropriate to ensure public safety and to mitigate any negative impacts on surrounding properties, including but not limited to parking, water supply, wastewater disposal and emergency management.
- (4) No more than four (4) temporary use permits shall be issued for any parcel of land in any calendar year.
- (5) The hours of the temporary use shall be limited from 8:00 a.m. - 11:00 p.m. daily, unless otherwise authorized by Council.
- (6) No temporary permits shall be granted where:
7. (a) parking facilities are not adequate;
8. (b) ingress or egress or both to the site would create excessive congestion or a traffic hazard;
9. (c) washroom facilities are not adequate;
10. (d) garbage collection and storage facilities are not adequate; or
11. (e) the use would create a conflict due to excessive noise, hours or operation, lighting or another nuisance.
- (7) No temporary use shall be permitted to encroach within the front yard, rear yard or side yards as required under this Bylaw.
## 5.22 VISIBILITY AT STREET INTERSECTIONS
- (1) On a corner lot, within a triangular area 6.1 m. (20 ft.) back from the intersecting corner lot line, no fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall be erected or permitted to grow to a height greater than two ft. above grade of the abutting streets.
Figure 6 - Corner Sight Triangle
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## 6 PARKING REQUIREMENTS
## 6.1 PARKING REQUIREMENTS
- (1) For every building to be erected, placed, used or enlarged, there shall be provided and maintained off-street parking on the same lot to the extent prescribed in the following:
| PRIMARY TYPE OF BUILDING | # OF PARKING SPACES |
|--------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Single-detached dwelling | 2 parking spaces |
| Duplex dwelling | 2 parking spaces per dwelling unit |
| Semi-detached dwelling | 2 parking spaces per dwelling unit |
| Townhouse dwelling | 2 parking spaces per dwelling unit |
| Multiple attached dwelling | 1.5 parking spaces per dwelling unit |
| Secondary suite or Garden Suite | 1 parking space |
| Shared housing, except where otherwise specified | 1 parking space per bedroom |
| Early learning and child care centre | 1 parking space per employee plus a drop-off area for the children |
| Hotel | 1 parking space per guest room or rental unit and 1 parking space for each 23.23 sq. m. (250 sq. ft.) of floor area devoted for public use (e.g. banquet rooms, lounge) |
| Motel | 1 parking space per guest room and 1 parking space for each 23.23 sq. m. (250 sq. ft.) of floor area devoted for public use (e.g. banquet rooms, lounge) |
| Tourism establishment | 1 parking space per guest room |
| Bed and breakfast | 1 parking space per guest room |
| Community care facility | I parking space per unit |
| Nursing home | 0.75 parking spaces per bed |
| Senior citizen home | 1 parking space per unit |
| Retail store | 1 parking space per 27.87 sq. m. (300 sq. ft.) of floor area. |
| Business or professional office | 1 parking space per 27.87 sq. m. (300 sq. ft.) of floor area. |
| Service shop | 1 parking space per 27.87 sq. m. (300 sq. ft.) of floor area. |
| Personal service shop | 1 parking space per 27.87 sq. m. (300 sq. ft.) of floor area. |
| Restaurant | 1 parking space per 4 seats of seating capacity (minimum of 10) |
| Lounge | 1 parking space per 4 seats of seating capacity (minimum of 10) |
| Funeral Home | 1 parking space per four (4) seats of seating capacity |
| Other commercial uses | 1 parking space per 13.94 sq. m. (150 sq. ft.) of floor area. |
| Other industrial uses | 1 parking space per 27.87 sq. m. (300 sq. ft.) of floor area or 1 |
| | parking space per employee, whichever is greater |
|--------------------------|--------------------------------------------------------------|
| Other institutional uses | 1 parking space per 37.16 sq. m. (400 sq. ft.) of floor area |
| Other recreational uses | 1 parking space per 37.16 sq. m. (400 sq. ft.) of floor area |
- (2) The minimum number of off-street parking spaces required for each building shall be calculated to the nearest whole number.
- (3) Where
3. (a) a proposed change of use within a building or structure existing as of the date of passage of this Bylaw; or
4. (b) the proposed expansion or an increase in capacity or intensity of use of any building or structure existing as of the date of passage of this Bylaw
will, in the opinion of the Council, substantially increase the volume of traffic necessitating off-street parking, the number of additional parking spaces or loading spaces required shall be the difference between the parking spaces or loading spaces, or both, required by the former use and the parking spaces or loading spaces, or both, required by the new or expanded use.
## 6.2 OTHER REQUIREMENTS
- (1) Where four (4) or more parking spaces are required for the use on a lot, the following minimum requirements shall apply:
2. (a) the parking lot shall be maintained with a stable surface sufficient to support a vehicle without undue deformation or damage of the surface, such as rutting, and does not allow the raising of dust or loose particles. Acceptable stable parking surfaces include but are not limited to asphalt or concrete paving (pervious or impervious), brick pavers, compacted granular surfaces, and structural landscape systems such as drivable grass or grass grid;
3. (b) the lights used for illumination of the parking lot or parking station shall be so arranged as to divert the light away from the streets, adjacent lots and buildings;
4. (c) the parking lot shall be within 91.4 m. (300 ft.) of the location which it is intended to serve and shall be situated in the same zone;
5. (d) when the parking lot is of a permanent hard surfacing, each parking space shall be clearly demarcated with painted lines and maintained on the parking lot;
6. (e) entrances and exits to parking lots shall not exceed a width of 9.1 m. (30 ft.) at the street line and edge of pavement; and
7. (f) the width of a driveway leading to a parking or loading area, or of a driveway or aisle in a parking lot, shall be a minimum width of 3 m. (9.8 ft.) for one-way traffic, and a minimum width of 6.1 m. (20 ft.) for two way traffic.
- (2) Where parking is provided in front of any building in a non-residential zone, a 1.5 m. (4.9 ft.) landscaped buffer shall be provided between the parking lot and the street boundary.
## 6.3 LOADING ZONES
- (1) In the General Commercial (C1) Zone, Industrial (M1) Zone or the Public Service and Institutional (PSI) Zone, no person shall erect or use any structure for manufacturing, storage, a warehouse, department store, retail store, wholesale store, market, freight or passenger terminal, hotel, hospital, mortuary or other uses involving the frequent shipping, loading or unloading or persons, animals, or goods, unless there is maintained on the same premises with every such building, structure or use one (1) off-street space for standing, loading and unloading for every 2,787 sq. m. (30,000 sq. ft.) or fraction thereof of building floor area used for any such purpose.
- (2) Each loading space shall be at least 3.7 m. (12 ft.) wide with a minimum of 4.3 m. (14 ft.) height clearance.
- (3) The provision of a loading space for any building with less than 139 m. (1,500 sq. ft.) shall be optional.
- (4) No such loading spaces shall be located within any required front yard or be located within any yard which abuts a residential or open space zone, unless in the opinion of Council adequate screening is provided.
## 6.4 WAIVER OF COMMERCIAL PARKING REQUIREMENTS
- (1) Council may permit shared parking and vehicle and pedestrian access in the General Commercial (C1) Zone where there is more than one building, occupancy or use on a lot, or between adjoining lots, where such sharing will improve vehicular and pedestrian safety, access, movement, and the space required to be occupied by parking lots.
- (2) Notwithstanding the provisions of Part 6 above or other provisions of this Bylaw, Council may through a development agreement waive or reduce the parking requirements in return for parking fees or other considerations as approved by Council.
- (3) In rendering its decision, Council shall give consideration to the following:
4. (a) availability of parking in the proximity of the proposed development;
5. (b) whether, because of the particular characteristics of the development, the actual parking requirements within the foreseeable future are expected to be lower than those required by the Bylaw;
6. (c) whether shared parking can be provided and maintained;
7. (d) the extent to which the proposed development contributes toward the objectives and policies of the Official Plan; and
8. (e) the estimated traffic generation of the proposed development.
## 6.5 ACCESSIBLE PARKING
- (1) In addition to the parking requirements found in section 6.1, where off street parking is to be provided on the same lot as the building, accessible parking spaces shall be provided in accordance with the National Standard of Canada, CSA B651-18 Accessible design for the built environment.
## 7 LOW DENSITY RESIDENTIAL ZONE (R1)
## 7.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Low Density Residential (R1) Zone.
## 7.2 PERMITTED USES
- (1) The following are permitted uses in the R1 Zone:
2. (a) single-detached dwellings;
3. (b) duplex dwellings and semi-detached dwellings;
4. (c) mini homes; and
5. (d) tiny homes.
- (2) The following are permitted as accessory uses in the R1 Zone:
7. (a) accessory structures in accordance with the requirements of section 5.1;
8. (b) secondary suites and garden suites on single-detached dwelling lots in accordance with the requirements of section 5.17;
9. (c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 5.2; and
10. (d) home-based businesses in accordance with the requirements of section 5.8.
## 7.3 SPECIAL PERMIT USES
- (1) Notwithstanding section 7.2 above, Council may issue a development permit for the following special permit uses subject to the requirements of sections 4.9 and such conditions as Council deems necessary:
2. (a) early learning and child care centres; and
3. (b) bed and breakfasts containing more than three (3) bedrooms.
## 7.4 SERVICES
- (1) All developments in an R1 Zone shall be serviced by municipal sewer services and such a connection will be made at the developer's expense.
- (2) Notwithstanding subsection (1), and subject to section 5.13, Council may approve a development in an R1 Zone serviced by an on-site sewage treatment system where the municipal sewer services are not available and extending the services would be prohibitive or premature.
## 7.5 LOT REQUIREMENTS
- (1) Subject to subsection (2), the following lot requirements shall apply to development in the R1 Zone:
- (2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
| | Single-Detached Dwelling, Mini Home, and Tiny Home | Duplex Dwelling | Semi-Detached Dwelling |
|--------------------------------|------------------------------------------------------|-------------------|--------------------------|
| Minimum lot area | See Schedule "B" | See Schedule "B" | See Schedule "B" |
| Minimum lot frontage | 30.5 m. (100 ft.) | 38.1 m. (125 ft.) | 19 m. (62.3 ft.)/unit |
| Minimum front yard | 6.1 m. (20 ft.) | 6.1 m. (20 ft.) | 6.1 m. (20 ft.) |
| Minimum rear yard | 4.5 m. (14.8 ft.) | 4.5 m. (14.8 ft.) | 4.5 m. (14.8 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) | 3 m. (9.8 ft.) | 3 m. (9.8 ft.) |
| Minimum flankage yard | 6.1 m. (20 ft.) | 6.1 m. (20 ft.) | 6.1 m. (20 ft.) |
| Maximum height of any building | 12.2 m. (40 ft.) | 12.2 m. (40 ft.) | 12.2 m. (40 ft.) |
| Maximum lot coverage | 35% | 35% | 35% |
## 8 MEDIUM DENSITY RESIDENTIAL ZONE (R2)
## 8.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Medium Density Residential (R2) Zone.
## 8.2 PERMITTED USES
- (1) The following are permitted uses in the R2 Zone:
2. (a) single-detached dwellings;
3. (b) duplex dwellings and semi-detached dwellings;
4. (c) townhouse dwellings up to four (4) units;
5. (d) shared housing with special care; and
6. (e) uses permitted in the A1 Zone, subject to the regulations for uses for the A1 Zone as it pertains to PID 414426 only.
- (2) The following are permitted as accessory uses in the R2 Zone:
8. (a) accessory structures in accordance with the requirements of section 5.1;
9. (b) secondary suites and garden suites on single-detached dwelling lots in accordance with the requirements of section 5.17;
10. (c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 5.2; and
11. (d) home-based businesses in accordance with the requirements of section 5.8.
## 8.3 SPECIAL PERMIT USES
- (1) Notwithstanding section 8.2 above, Council may issue a development permit for the following special permit uses subject to the requirements of sections 4.9 and such conditions as Council deems necessary:
2. (a) early learning and child care centres; and
3. (b) bed and breakfasts containing more than three (3) bedrooms in a single-detached dwelling.
## 8.4 SERVICES
- (1) All lots shall be connected to municipal sewer services.
## 8.5 LOT REQUIREMENTS
- (1) The lot requirements as set out in section 7.5 shall apply to single-detached dwellings, duplex dwellings, and semi-detached dwellings.
- (2) Subject to subsection (3), the following lot requirements shall apply to townhouse dwellings:
- (3) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
- (4) The lot requirement standards of section 12.3 of the Public Service and Institutional (PSI) Zone shall apply to all shared housing with special care.
| | Townhouse Dwellings |
|--------------------------------|---------------------------|
| Minimum lot area | See Schedule "B" |
| Minimum lot frontage | 15.2 m. (49.9 ft.) / unit |
| Minimum front yard | 6.1 m. (20 ft.) |
| Minimum rear yard | 4.5 m. (14.8 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) |
| Minimum flankage yard | 6.1 m. (20 ft.) |
| Maximum height of any building | 12.2 m. (40 ft.) |
| Maximum lot coverage | 35% |
## 9 MIXED DENSITY RESIDENTIAL ZONE (R3)
## 9.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Mixed Density Residential (R3) Zone.
## 9.2 PERMITTED USES
- (1) The following are permitted uses in the R3 Zone:
2. (a) single-detached dwellings;
3. (b) duplex dwellings and semi-detached dwellings;
4. (c) townhouse dwellings and stacked townhouse dwellings;
5. (d) multiple attached dwellings;
6. (e) shared housing uses, with 8 or fewer bedrooms per building;
7. (f) shared housing with special care uses; and
8. (g) clustered housing, with a minimum of 6 dwellings units.
- (2) The following are permitted as accessory uses in the R3 Zone:
10. (a) accessory structures in accordance with the requirements of section 5.1;
11. (b) secondary suites and garden suites on single-detached dwelling lots in accordance with the requirements of section 5.17;
12. (c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 5.2; and
13. (d) home-based businesses in accordance with the requirements of section 5.8.
## 9.3 SPECIAL PERMIT USES
- (1) Notwithstanding section 9.2 above, Council may issue a development permit for the following special permit uses subject to the requirements of sections 4.9 and such conditions as Council deems necessary:
2. (a) early learning and child care centres; and
3. (b) bed and breakfasts containing more than three (3) bedrooms in a single-detached dwelling.
## 9.4 SERVICES
- (1) All lots shall be connected to municipal sewer services.
## 9.5 LOT REQUIREMENTS
- (1) The lot requirements as set out in section 7.5 shall apply to single-detached dwellings, duplex dwellings, and semi-detached dwellings.
- (2) The lot requirements as set out in section 8.5 shall apply to townhouse dwellings.
- (3) Subject to subsections (4), (5) and (6), the following lot requirements shall apply to stacked townhouse dwellings and apartment dwellings in the Mixed Density Residential (R3) Zone:
- (4) The lot requirement standards of section 12.3 of the Public Service and Institutional (PSI) Zone shall apply to all shared housing uses.
- (5) For shared housing uses, a minimum of 10% of floor space shall be reserved for communal amenity or recreation space for the residents of the building.
- (6) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
| | Stacked Townhouses Dwellings | Apartment Dwellings |
|--------------------------------|--------------------------------|-----------------------|
| Minimum lot area | See Schedule "B" | See Schedule "B" |
| Minimum lot frontage | 15.2 m. (49.9 ft.) per stack. | 49 m. (161 ft.) |
| Minimum front yard | 6.1 m. (20 ft.) | 6.1 m. (20 ft.) |
| Minimum rear yard | 4.5 m. (14.8 ft.) | 4.5 m. (14.8 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) | 3 m. (9.8 ft.) |
| Minimum flankage yard | 6.1 m. (20 ft.) | 6.1 m. (20 ft.) |
| Maximum height of any building | 12.2 m. (40 ft.) | 12.2 m. (40 ft.) |
## 10 GENERAL COMMERCIAL (C1)
## 10.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the General Commercial (C1) Zone.
## 10.2 PERMITTED USES
- (1) The following are permitted uses in the C1 Zone:
2. (a) commercial uses;
3. (b) early learning and child care centres;
4. (c) institutional uses;
5. (d) single-detached dwellings;
6. (e) duplex dwellings and semi-detached dwellings;
7. (f) townhouse dwellings and stacked townhouse dwellings;
8. (g) apartments and multiple attached dwellings;
9. (h) shared housing uses with 8 or fewer bedrooms per building;
10. (i) shared housing with special care uses;
11. (j) public parking lots;
12. (k) temporary commercial uses; and
- (1) uses permitted in the A1 Zone, subject to the regulations for uses for the A1 Zone as it pertains to PID 41640, PID 41657, PID 584169, PID 590927, PID 651950, PID 718692, PID 718692, and PID 1020635 only.
- (2) The following are permitted as accessory uses in the C1 Zone:
15. (a) secondary suites and garden suites, on single-detached dwelling lots in accordance with the requirements of section 5.17;
16. (b) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 5.2; and
17. (c) home-based businesses in accordance with the requirements of section 5.8.
## 10.3 SPECIAL PERMIT USES
- (1) Notwithstanding section 10.2 above, Council may issue a development permit for the following special permit uses subject to the requirements of sections 4.9 and such conditions as Council deems necessary:
2. (a) service stations and other activities associated with the automobile trade, except for a scrap yard; and
3. (b) shared housing uses with more than 8 bedrooms per building.
## 10.4 SERVICING
- (1) All development shall be connected to the municipal sewer services.
- (2) Notwithstanding subsection (1), and subject to section 5.13, Council may approve a development in a C1 Zone serviced by an on-site sewage treatment system where the municipal sewer services are not available and extending the services would be prohibitive or premature.
## 10.5 LOT REQUIREMENTS
- (1) Subject to subsection (2), the following lot requirements shall apply in the General Commercial (C1) Zone:
- (2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
- (3) Notwithstanding the above, Council may also grant approval for a development in the General Commercial (C1) Zone with less than the minimum required front yard setback, in order to conform to the established building setback on a commercial streetscape.
- (4) The lot requirement standards of section 12.3 of the Public Service and Institutional (PSI) Zone shall apply to all shared housing uses.
- (5) For shared housing uses, a minimum of 10% of floor space shall be reserved for communal amenity or recreation space for the residents of the building.
| Minimum lot area | 1,394 sq. m. (15,000 sq. ft.) |
|--------------------------------|---------------------------------|
| Minimum lot frontage | 30.5 m. (100 ft.) |
| Minimum front yard | 1.52 m. (5 ft.) |
| Minimum rear yard | 4.5 m. (14.8 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) |
| Minimum flankage yard | 1.52 m. (5 ft.) |
| Maximum height of any building | 15.25 m. (50 ft.) |
## 10.6 COMMERCIALZONES ADJACENT TO RESIDENTIAL ZONES
- (1) Notwithstanding any other provision of this Bylaw, where a commercial development located on lands zoned General Commercial (C1) directly abuts on any residential zone, the following conditions shall be met:
2. (a) the development shall comply with the requirements of section 5.9;
3. (b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and
4. (c) outdoor storage shall be prohibited adjacent to a residential zone unless it is hidden from view by means of a landscaped buffer hedge or adequate size or architectural screening such as a wall, fence or other appropriate structure.
## 10.7K DWELLINGS IN COMMERCIAL BUILDINGS
- (1) Where dwelling units are provided in connection with a commercial use the following minimum standards shall apply:
2. (a) A separate entrance shall serve the dwellings;
- (b) 37.16 sq. m. (400 sq. ft.) of landscaped open area and 1.0 parking spaces shall be provided for each dwelling unit;
- (c) each dwelling unit shall meet the requirements of the Province's Fire Marshall;
## 10.8 TEMPORARY COMMERCIAL USES
- (1) Notwithstanding any other provisions of this Bylaw, temporary permits may be issued for a transient-type commercial operation subject to compliance with section 5.21.
## 10.9 AUTOMOBILE SERVICE STATION
- (1) Notwithstanding any other provisions of this Bylaw, the following special provisions shall apply to an automobile service station:
- (2) Where the service station includes an automobile washing establishment, all washing operations shall be carried out inside the building.
| Minimum lot frontage | 45.7 m. (150 ft.) |
|---------------------------------------------|---------------------|
| Minimum pump setback | 6.1 m. (20 ft.) |
| Minimum pump distance from access or egress | 9.2 m. (30 ft.) |
| Minimum width of driveway | 7.6 m. (25 ft.) |
## 11 INDUSTRIAL ZONE (M1)
## 11.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Industrial (M1) Zone.
## 11.2 PERMITTED USES
- (1) The following are permitted uses in the M1 Zone:
2. (a) manufacturing and assembly uses;
3. (b) warehousing;
4. (c) transport operations;
5. (d) activities connected with the automobile trade other than a scrap yard;
6. (e) wholesale operations;
7. (f) farm machinery and heavy equipment dealerships and repair shops;
8. (g) heavy equipment depots;
9. (h) contractors' yard;
10. (i) banks and financial institutions;
11. (j) business or professional offices;
12. (k) craft breweries;
- (1) craft workshop and studios;
14. (m) funeral homes and crematoria;
15. (n) lounges and restaurants; and
16. (o) retail stores, service shops and personal service shops;
- (2) Notwithstanding the foregoing, any use which is deemed by Council to be an obnoxious use by reason of sound, odor, dust, fumes or smoke shall be denied approval.
- (3) The following are permitted as accessory uses in the M1 Zone:
19. (a) accessory structures; and
20. (b) commercial uses accessory to a permitted use.
## 11.3 SPECIAL PERMIT USES
- (1) Notwithstanding section 11.2 above, Council may issue a development permit for the following special permit uses subject to the requirements of sections 4.9 and such conditions as Council deems necessary:
2. (a) storage of sand and aggregate;
3. (b) asphalt plants and concrete plants; and
4. (c) auto salvage facility
## 11.4 LOT REQUIREMENTS
- (1) Subject to subsection (2), the lot requirements of the C1 Zone shall apply to all development in the Industrial (M1) Zone.
- (2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
## 11.5 INDUSTRIALZONE ADJACENT TO RESIDENTIAL ZONES
- (1) Notwithstanding any other provision of this Bylaw, where a development located on lands zoned Industrial Zone (M1) directly abuts on any residential zone, the following conditions shall be met:
2. (a) the development shall comply with the requirements of section 5.9;
3. (b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and
4. (c) outdoor storage shall be prohibited adjacent to a residential zone unless it is hidden from view by means of a landscaped buffer hedge or adequate size or architectural screening such as a wall, fence or other appropriate structure.
## 11.6 ENVIRONMENTAL IMPACT ASSESSMENT
- (1) Where a proposed industry may occasionally have heavy usage of streets, sewerage or water systems or have a significant environmental impact on the surrounding area, Council may require the developer to apply to the Province's Department of the Environment for written approval under section 9 of the Environmental Protection Act, prior to consideration of a development permit application by Council.
## 12 PUBLIC SERVICE AND INSTITUTIONAL ZONE (PSI)
## 12.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Public Service and Institutional (PSI) Zone.
## 12.2 PERMITTED USES
- (1) The following are permitted uses in the PSI Zone:
2. (a) institutional buildings and uses;
3. (b) civic centres;
4. (c) shared housing uses with 8 or fewer bedrooms per building;
5. (d) shared housing with special care uses;
6. (e) public parks and private parks;
7. (f) recreational uses; and
8. (g) clubs.
- (2) The following are permitted as accessory uses in the PSI Zone:
10. (a) accessory structures; and
11. (b) commercial uses ancillary to the institutional or recreational use.
## 12.3 LOT REQUIREMENTS
- (1) Subject to subsection (2), the following lot requirements shall apply in the PSI Zone:
- (2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations (see Schedule B), including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
| Minimum lot area | 1394 sq. m. (15,000) |
|----------------------------|------------------------|
| Minimum lot frontage | 30.5 m. (100 ft.) |
| Minimum front yard | 4.6 m. (15 ft.) |
| Minimum rear yard | 6.1 m. (20 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) |
| Minimum flankage yard | 4.6 m. (15 ft.) |
| Maximum height of building | 15.25 m. (50 ft.) |
## 13 RECREATION AND OPEN SPACE ZONE (01)
## 13.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Recreation and Open Space (01) Zone.
## 13.2 PERMITTED USES
- (1) The following are permitted uses in the 01 Zone:
2. (a) Public parks and private parks;
3. (b) open space and conservation activities;
4. (c) golf courses;
5. (d) recreational uses;
6. (e) pavilions and band shells; and
7. (f) recreation administrative offices.
- (2) The following are permitted as accessory uses in the O1 Zone:
9. (a) accessory structures; and
10. (b) parking lots.
## 13.3M LOT REQUIREMENTS
- (1) Subject to subsection (2), the following lot requirements shall apply to development in the Recreation and Open Space Zone:
- (2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations (see Schedule B), including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
- (3) Notwithstanding the above, Council may waive minimum lot requirements where the recreation or open space use will not have any buildings or washrooms associated with the use.
| Minimum lot area | 1394 sq. m. (15,000 sq. ft.) |
|----------------------------|--------------------------------|
| Minimum lot frontage | 30.5 m. (100 ft.) |
| Minimum front yard | 4.6 m. (15 ft.) |
| Minimum rear yard | 6.1 m. (20 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) |
| Minimum flankage yard | 4.6 m. (15 ft.) |
| Maximum height of building | 15.25 m. (50 ft.) |
## 14 ENVIRONMENTAL RESERVE (OVERLAY) ZONE (02)
## 14.1 GENERAL
- (1) Except as otherwise provided in this Bylaw, the following shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an 02 Zone.
## 14.2 PURPOSE
- (1) The 02 Zone is an overlay zone intended to enhance the protection of surface and ground water quality, sensitive landscapes, and wildlife habitat. Passive agricultural activities, together with tree, shrub and plant cover is intended to be the predominant use in this zone.
- (2) For the avoidance of doubt, the requirements in this Bylaw for the 02 Zone are in addition to all requirements in the Watercourse and Wetland Protection Regulations made pursuant to the Environmental Protection Act, and any other federal or provincial statute, regulation, or other enactment.
## 14.3 PERMITTED USES
- (1) The following are permitted uses in the 02 Zone:
2. (a) conservation activities;
3. (b) open space; and
4. (c) passive recreational uses.
## 14.4 ZONE REQUIREMENTS
- (1) In the O2 Zone, no development shall occur and no disturbance to the ground, soil or vegetation shall occur except in conformance with the Watercourse and Wetland Protection Regulations made pursuant to the Environmental Protection Act.
- (2) The boundary of any wetland, watercourse, and buffer zone shall be shown on any site plan submitted to the development officer as part of a development permit application.
## 14.5 SETBACKS FROM WATERCOURSES, EMBANKMENTS AND WETLANDS
- (1) Notwithstanding anything contained in this Bylaw, the minimum horizontal setbacks for watercourse and wetland buffer zones shall be 15 m. (49.2 ft.) of the any river, stream or watercourse located within or bordering on the legal boundaries of the Town plus the minimum setbacks for the proposed structure for the underlying zone.
Figure 7 - Horizontal setback watercourses or wetlands
<!-- image -->
## 15 AGRICULTURAL ZONE (A1)
## 15.1 GENERAL
- (1) Except as provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in the Agricultural (A1) Zone.
## 15.2 PERMITTED USES
- (1) The following are permitted uses in the Al Zone:
2. (a) agricultural uses, including barns and stables;
3. (b) resource uses;
4. (c) forestry uses;
5. (d) single-detached dwellings;
6. (e) small wind energy facility; and
7. (f) large wind energy facility
- (2) The following are permitted as accessory uses in the A1 Zone:
9. (a) accessory structures in accordance with the requirements of section 5.1;
10. (b) secondary suites and garden suites, on single-detached dwelling lots in accordance with the requirements of section 5.17;
11. (c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 5.2; and
12. (d) home-based businesses in accordance with the requirements of section 5.8.
## 15.3 SPECIAL PERMIT USES
- (1) Notwithstanding section 15.2 above, Council may issue a development permit for the following special permit uses subject to the requirements of sections 4.9 and such conditions as Council deems necessary:
2. (a) shared housing with special care;
3. (b) duplex dwellings or semi-detached dwellings;
4. (c) early learning and child care centre;
5. (d) bed and breakfasts containing more than three (3) bedrooms in a single-detached dwelling;
6. (e) resource commercial uses; and
7. (f) resource industrial uses
## 15.4 LOT REQUIREMENTS
- (1) Subject to subsection (2), the following lot requirements shall apply to developments in the Agricultural (A1) Zone:
| Minimum lot area | 0.4 ha. (43,560 sq. ft.) |
|----------------------|----------------------------|
| Minimum lot frontage | 45.72 m. (150 ft.) |
| Minimum front yard | 15 m. (49.2 ft.) |
| Minimum rear yard | 15 m. (49.2 ft.) |
| Minimum side yard | 4.5 m. (14.8 ft.) |
| Minimum flankage yard | 15 m. (49.2 ft.) |
|----------------------------|--------------------|
| Maximum height of building | 12.2 m. (40 ft.) |
| Maximum lot coverage | 10% |
- (2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, including but not limited to minimum frontage, lot area, and minimum circle diameter to be contained within the boundaries of the lot (see Schedule B).
## 15.5 INTENSIVE LIVESTOCK OPERATIONS
- (1) For the purpose of this section, "Intensive Livestock Operations" means a place where livestock are found in a density greater than seven animal units per acre of living space, with the calculation of animal units to be determined by reference to Column 2 of Schedule D of the Watercourse and Wetland Protection Regulations made pursuant to the Environmental Protection Act.
- (2) The following separation distances shall apply to all new Intensive Livestock Operations or extensions and to new residential development in the vicinity of an Intensive Livestock Operation:
- (3) All intensive livestock buildings shall have a manure storage facility with a capacity for retention of manure for a period of time for which conditions do not permit spreading.
- (4) Council may consult the Department of Agriculture for manure storage capacities and design standards and shall require the livestock operator to follow these capacity and design requirements.
| Distance of new or expanded intensive livestock operations from any dwelling on an adjacent property | 152.4 m. (500 ft.) |
|--------------------------------------------------------------------------------------------------------|----------------------|
| Distance of new dwellings from an existing intensive livestock operations | 152.4 m. (500 ft.) |
| Distance from any lot line | 15.24 m. (50 ft.) |
| Distance from street | 45.72 m. (150 ft.) |
| Distance from any domestic well | 152.4 m. (500 ft.) |
## 15.6 WIND ENERGY FACILITIES
- (1) Where a wind energy facility is permitted, the following shall apply:
2. (a) no person shall erect or place a wind energy facility without first applying for and receiving a development permit; and
3. (b) the standards of Schedule D shall apply.
## 16 VARIANCES
## 16.1 VARIANCE APPLICATIONS
- (1) When a development permit application cannot be approved because the proposed development does not meet the minimum requirements of the Bylaw, the applicant may apply in writing for a variance on the form prescribed by Council.
- (2) Subject to the Province-Wide Minimum Development Standards Regulations, a variance from the minimum requirements of this Bylaw may be granted for any of the following requirements provided they meet the intent of the Official Plan:
3. (a) lot area or dimensions or both;
4. (b) setbacks; or
5. (c) the area or size of a structure; or
6. (d) the height of a structure.
- (3) Variance applications shall be considered against the following tests for justifying a variance:
8. (a) that the lot in question has peculiar physical conditions, including small lot size, irregular lot shape, or exceptional topographical conditions, which make it impractical to develop in strict conformity with Bylaw standards;
9. (b) that strict application of all Bylaw standards would impose undue hardship on the applicant by excluding them from the same rights and privileges for reasonable use of their lot as enjoyed by other persons in the same zone;
10. (c) that the variance is of the least magnitude required to enable reasonable use of the lot; and
11. (d) that the proposed variance would not impact unduly on the enjoyment of adjacent properties, or on the essential character of the surrounding neighbourhood.
- (4) Authorization for a variance shall be documented and recorded in writing.
- (5) No variance shall be granted where the matter is the result of intentional or negligent conduct of the owner, including ignorance on the part of the owner, or where the difficulty can be remedied in some other reasonable manner.
- (6) When an application for a variance has been decided, Council may refuse to hear an application for the same or a similar variance for the lot for one (1) year after its rendering a decision unless Council is of the opinion that there is new information.
- (7) If, after one (1) year of a variance approval, no development permit is issued for the lot or the development has not been commenced, the variance and any related development permit shall be deemed null and void.
## 16.2 VARIANCES OF UP TO 10%
- (1) Planning Board shall review each application for a variance and provide a recommendation to Council.
- (2) Council may authorize a variance not exceeding 10% from the provisions of this Bylaw if, in the opinion of Council, the variance is appropriate and justified pursuant to subsection 16.1(3) and if the general intent and purpose of this Bylaw is maintained.
## 16.3 VARIANCES IN EXCESS OF 10%
- (1) Notwithstanding any other section of this Bylaw, Council in its discretion may authorize a variance in excess of ten percent (10%) but no greater than 50% from the provisions of this Bylaw, where warranted, if Council deems such a variance appropriate and if such variance meets the criteria of subsection 16.1(3) and is in keeping with the general intent and purpose of this Bylaw and the Official Plan for the for the Town.
- (2) Before Council considers a variance in excess of 10%,
3. (a) the development officer shall:
4. (i) receive from the owner sufficient funds to cover the costs of the application fee, and the advertising and mailing of written notices required for a public meeting under section 17.4; and
5. (ii) provide written notice in accordance with the requirements of subclause 17.4(1)(b)(i) explaining the details of the proposed application and the date by which written comments must be received, and
6. (b) Council shall hold a public meeting to receive comments on the proposed variance, notice of which shall be provided in accordance with the provisions of section 17.4(1)(b) indicating in general terms the nature of the variance application and the date, time, and place of the meeting.
- (3) Council shall consider the application having regard for the criteria in subsection 16.1(3), the input received from the public, the policies and objectives of the Official Plan and the recommendation from the Planning Board.
## 17 OFFICIAL PLAN AND BYLAW AMENDMENTS
## 17.1 AMENDMENT APPLICATIONS
- (1) A person making application for an amendment to the provisions of this Bylaw shall do so on a form prescribed by Council and shall submit the application to the development officer. The applicant shall describe in detail the reasons for the desired amendment and request that Council consider the proposed amendment. Any request for an amendment shall be signed by the person seeking the amendment or the person's authorized agent.
- (2) A change to either the text of this Bylaw or the Zoning Map is an amendment and any amendment shall be consistent with the Official Plan.
- (3) An application for an amendment shall include such information as may be required for the purpose of adequately assessing the desirability of the proposal or other potential permitted uses, including but not limited to:
4. (a) general development concept showing proposed land uses, any subdivisions, buildings, means of servicing, traffic access and parking; and
5. (b) assessment of any potentially significant development impacts on the Town's infrastructure and the natural environment.
- (4) The applicant shall, at the time of submitting the application for an amendment, deposit with the Town the application fee and any other required fees in accordance with the schedule of fees established by Council and annexed hereto as Schedule C.
- (5) Council shall determine whether or not to consider an amendment and before making a decision shall consider whether:
8. (a) the proposed amendment is in conformity with the Official Plan; or
9. (b) to amend the Official Plan in accordance with the provisions of the Planning Act.
- (6) Related Official Plan and bylaw amendments may be considered concurrently, provided that the public and written notices required under section 17.4 indicate in general terms the nature of both the proposed Official Plan amendment and proposed bylaw amendment, and consideration and a decision regarding the Official Plan amendment precedes the bylaw amendment.
## 17.2 SITE-SPECIFIC AMENDMENTS
- (1) Council may approve a site-specific amendment to the permitted uses and standards in any zone through a bylaw amendment process, where the following criteria are satisfied:
2. (a) the proposed site-specific amendment is not contrary to the Official Plan. If an application is contrary to the policies in the Official Plan, an application to amend the Official Plan must be filed in conjunction with the application to amend the Bylaw;
3. (b) the proposed use of land or a building that is otherwise not permitted in a zone is sufficiently similar to or compatible with the permitted uses in that zone; and
4. (c) the proposed use does not undermine the overall integrity of the zone, is in the public interest, and is consistent overall with sound planning principles.
- (2) Prior to making a decision with regards to an application for a site-specific amendment, the Town shall ensure that:
2. (a) written notice to adjacent property owners is provided in accordance with section 17.4, including details of the proposed development and inviting written comments;
3. (b) a public meeting is held, where required for the proposed site-specific amendment, to receive comments on the proposed use in accordance with the requirements of section 17.4; and
4. (c) all other relevant provisions of this Bylaw can be met.
- (3) Notwithstanding any other provision of this Bylaw, Council may approve a site-specific amendment to the permitted uses or regulations within any zone, after:
6. (a) receiving a recommendation from the Planning Board; and
7. (b) following the process as prescribed for an amendment to this Bylaw
## 17.3 AMENDMENT PROCEDURES
- (1) Planning Board shall review each amendment request and provide a recommendation to Council.
- (2) Prior to making a final recommendation with regards to a proposed amendment to the Official Plan or this Bylaw, Planning Board shall provide public notice and hold a public meeting in accordance with the provisions of section 17.4 in this Bylaw and the requirements of the Planning Act.
- (3) Following the public meeting, Planning Board shall consider the feedback received from the public by way of written responses and comments made at the public meeting. The applicant may be provided another opportunity to present to Planning Board to answer any further questions that may have arisen at or following the public meeting. Planning Board shall make a recommendation to Council on the application.
- (4) Planning Board and Council shall consider the following general criteria when reviewing applications for amendments to the bylaw, as applicable:
5. (a) conformity with the Official Plan;
6. (b) conformity with all requirements of this Bylaw:
7. (c) suitability of the site for the proposed development;
8. (d) compatibility of the proposed development with surrounding land uses, including both existing and future uses as per the Zoning Map;
9. (e) any comments from residents or other interested persons;
10. (f) adequacy of existing water supply, wastewater treatment and disposal systems, streets, stormwater management, and parkland for accommodating the development, and any projected infrastructure requirements;
11. (g) impacts from the development on pedestrian and vehicular access and safety, and on public safety generally;
12. (h) compatibility of the development with environmental systems;
13. (i) impact on the Town's finances and budgets; and
14. (j) other matters as considered relevant by the Planning Board or Council.
- (5) Following the public meeting and after having considered the recommendation from the Planning Board, Council shall formulate a decision on the proposed amendment. Council shall have the authority to determine whether an amendment request is approved, modified, or denied in accordance with the procedures established under the Planning Act.
- (6) All amendments to the Official Plan or this Bylaw shall be made in accordance with the procedures set out in the Planning Act.
- (7) The development officer shall notify the applicant in writing of the decision and the decision shall be posted on the Town's or other website in accordance with section 23.1 of the Planning Act. Where a proposed amendment has been denied by Council, the reasons for the denial shall be stated in writing to the applicant.
- (8) No development permits or subdivisions related to a proposed amendment shall be approved until the approval from the Minister responsible for administering the Planning Act or any successor legislation has been granted for the necessary amendments where such approval is required.
- (9) When an application for an amendment has been decided, Council may refuse to hear the same or a similar application for one (1) year after rendering a decision unless Council is of the opinion that there is new information.
- (10) The Council retains the right to deny an amendment request, without holding a public meeting, if such request is deemed to be inconsistent with appropriate land use planning standards or the Official Plan. Should the Council not proceed with a public meeting, the application fee as per subsection 17.1(4) shall be returned to the applicant.
- (11) Nothing in this Bylaw restricts the right of Planning Board or Council to initiate its own amendment to the Official Plan or this Bylaw.
## 17.4 PUBLIC MEETING REQUIREMENTS
- (1) Where a public meeting is required under this Bylaw, the development officer shall, at least seven (7) clear days prior to the public meeting:
2. (a) ensure that a notice is placed in a newspaper circulation in the area and on the Town's website;
3. (b) ensure that written notice is provided to all property owners wholly or partially within:
4. (i) 153 m. (502 ft.) of all boundaries of the subject property, where the subject of the meeting is an application for a variance pursuant to subsection 16.3(2);
5. (ii) 153 m. (502 ft.) of all boundaries of the subject property, where the property is the subject of the meeting for an amendment to the Official Plan or this Bylaw, including a change in zoning or a site-specific amendment; and
6. (iii) 305 m. (1,000 ft.) of all boundaries of the subject property, where the subject of the meeting is an application for an intensive livestock operation; and
7. (c) in the case of an application for a change in zoning or a site-specific amendment, ensure a sign a minimum of 1.22 m. by 1.22 m. (4 ft. by 4 ft.) is placed on the land or area being proposed for a rezoning or site-specific amendment indicating that an application has been received and directing people to contact the Town to get the specific details.
## 17.5K ZONING AND GENERAL LAND USE MAP REVISIONS
- (1) The development officer may make technical revisions to the Zoning Map and the Future Land Use Map in the Official Plan for purposes of
2. (a) better reflecting detailed or changing topographical or legal conditions such as new streets or approved lots; or
3. (b) ensuring that the Zoning Map and the Future Land Use Map in the Official Plan reflect approved amendments to the Official Plan and Bylaw.
## 18 GENERAL PROVISIONS FOR SUBDIVIDING LAND
## 18.1 SUBDIVISION APPROVAL
- (1) No person shall subdivide one or more lots or any portion or interest in a lot and no person shall consolidate two or more parcels of land until the conditions of this Bylaw have been complied with and the applicant has received final approval from the development officer or Council, as applicable.
- (2) Notwithstanding subsection (1), where a parcel is naturally subdivided into two or more units by a street, a watercourse, or other body of water, each of the units shall be treated as a separate parcel.
## 18.2 CONVEYING INTEREST IN A LOT
- (1) No person shall sell or convey any interest in a lot before the development officer or Council, as the case may be, has issued a stamp of approval for the lot or the subdivision in which the lot is situated.
## 18.3 PERMISSION TO SUBDIVIDE
- (1) No land shall be subdivided within the Town unless the subdivision:
2. (a) conforms with the requirements of this Bylaw;
3. (b) is suitable to the topography, physical conditions, soil characteristics, and natural and surface drainage of the land;
4. (c) will not cause undue flooding or erosion;
5. (d) has frontage on a street and legal access to a street;
6. (e) has adequate utilities and services available or can reasonably be provided with such utilities and services;
7. (f) will provide for effective and efficient traffic flow and access that takes into consideration emergency access, natural hazards, and other safety risks;
8. (g) is designed so that lots will have suitable dimensions, shapes, orientation and accessibility;
9. (h) is designed to accommodate climate change mitigation and adaptation measures; and
10. (i) is suitable to the use for which it is intended, and the future use of adjacent lands.
## 18.4 REDUCED LOT FRONTAGE OR AREA
- (1) If a parcel of land in any zone is of such configuration that the Council deems it cannot reasonably be subdivided in such a way to provide the required minimum frontage on a street or where lots are designed with a reduced frontage along a bend in a street or facing a cul-de-sac, the Council may approve a reduced frontage, if in the opinion of the Council:
2. (a) adequate and safe access is provided;
3. (b) the lot width at the front building line measures at least as much as the minimum lot frontage for the zone; and
4. (c) the proposed lot has a minimum frontage of 7.32 m. (24 ft.)
- (2) The subdivision of panhandle lots shall be restricted to parcels existing in separate ownership as of the effective date of this Bylaw and not more than one (1) panhandle lot may be subdivided per existing parcel.
- (3) The minimum acceptable frontage for a panhandle lot shall be 7.32 m. (24 ft.) and the lot width at the front building line shall measure at least as much as the minimum lot frontage for the zone;
- (4) The area of the access driveway or right-of-way portion of a panhandle lot shall not be included in the minimum lot area requirements.
- (5) The subdivision or consolidation of an existing non-conforming lot(s) may be permitted if the subdivision or consolidation results in an increase to the lot area or lot frontage or both, even if the lot will remain
undersized following the subdivision, where the
subdivision would otherwise be permitted under this
Bylaw.
## 18.5 CHANGES TO EXISTING LOTS
- (1) No person shall reduce the dimensions or change the use of any lot in an approved residential subdivision development where Council determines there would be a detrimental impact on neighbouring property owners.
## 18.6 ROAD STANDARDS
- (1) All new streets or extensions to existing streets shall be streets and no subdivision shall be permitted of a lot served by a private road
- (2) All applications for a subdivision along or accessing provincially-owned streets shall be reviewed by the Province's department responsible for the Roads Act, and where an entrance way permit or other approval or permit is required pursuant to the Roads Act, a final approval of subdivision shall not be granted until that entrance way permit or other approval or permit has been granted.
- (3) Subject to section 18.4 and subsection (1) above, and all other requirements of this Bylaw, the subdivision of lots that abut, and require access to, a collector highway that has not been designated as infill under the Roads Act shall be subject to the following standards:
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| Frontage of parcel being subdivided: | Maximum number of lots that may be approved abutting, and requiring access to, the Collector Highway: |
|---------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------|
| a. less than 402.3 m. (1,320 ft.), parcel existing prior to February 3, 1979 | one lot, where no lot has previously been approved for subdivision from the parent parcel as it existed on February 2, 1979. |
| b. 402.3 m. (1,320 ft.) or more, parcel existing prior to February 3, 1979 | One lot for every 201 m. (660 ft.) of frontage of the parent parcel on February 2, 1979. |
| c. less than 402.3 m. (1,320 ft.), parcel approved on or after February 3, 1979 | No lot may be approved for subdivision. |
| d. 402.3 m. (1,320 ft.) or more, parcel approved on or after February 3, 1979 | One lot for every 201 m. (660 ft.) of frontage, and each lot must have a minimum of frontage of 201 m. (660 ft.). |
- (4) Subject to section 18.7 and subsection (1) above, and all other requirements of this Bylaw, one lot, in addition to those permitted in clauses 18.6(3)(a) or (b), may be approved provided that:
2. (a) the proposed lot contains an existing farm dwelling served by an existing highway access;
3. (b) the dwelling on the lot shall be served by the existing dwelling access; and
4. (c) no development permit shall be issued for a dwelling on the remainder of the parent parcel.
- (5) Subsection (3) does not apply to a parcel of land along a portion of a collector highway that is designated for infilling under the regulations made under the Roads Act.
- (6) Notwithstanding the restrictions on subdivisions specified in subsection (3), and subject to section 18.7 and subsection (1), a person may subdivide lots from a parcel of land that abuts, and requires access to, a collector highway, provided:
7. (a) the person has applied for and obtained approval of a plan of subdivision that includes approval for a street connecting to and within the subdivision to serve the lots; and
8. (b) all other requirements of this Bylaw can be met.
## 18.7 SUBDIVISIONS IN AGRICULTURAL (A1) ZONE
- (1) Within an Agricultural (A1) Zone, subdivisions shall be restricted to existing parcels only and no person shall be permitted to subdivide more than two (2) lots.
- (2) For the purposes of this section "existing parcel" shall mean a parcel of land which was held in separate ownership as of the effective date of this Bylaw.
- (3) Any lots subdivided pursuant to this section shall conform to the lot requirements for an A1 Zone and all other relevant provisions of this Bylaw.
- (4) Within an Agricultural (A1) Zone:
5. (a) a subdivision for residential uses shall not be permitted within 152 m. (500 ft.) of an existing intensive livestock operation.
6. (b) where a residential subdivision is proposed, Council shall notify operators of intensive livestock operations within 304.8 m. (1,000 ft.) and invite their comments.
7. (c) Where a new intensive livestock operation is proposed Council shall notify the property owners of a residential lot within 300 m. (1,000 ft.) of the proposed operation and invite their comments.
## 18.8 SUBDIVISIONS IN WATERFRONT AND WETLAND AREAS
- (1) The area of a lot that is subject to the Environmental Reserve (Overlay) Zone may be included as part of the lot in a subdivision where the lot has sufficient area exclusive of the Environmental Reserve Zone area to permit the required setbacks, on-site services and the minimum circle diameter requirements under the Province-wide Minimum Development Standards Regulations.
- (2) Where a lot or a portion of a lot contains a wetland or watercourse, the boundary of which is defined by the Watercourse and Wetland Protection Regulations, the lots) shall meet the minimum lot area for the zone exclusive of the area of the wetland or watercourse.
## 18.9 SUBDIVIDING OF ATTACHED DWELLINGS
- (1) Semi-detached dwellings and townhouse dwellings may be subdivided for individual sale and ownership provided that:
2. (a) a subdivision of the parcel of land has been approved by the development officer or Council, as the case may be, and such subdivision provides for appropriate easements or common area to allow entry by an owner of any portion of the building to their rear yard area;
3. (b) each individual dwelling unit within the semi-detached dwelling or townhouse dwelling shall be separated by a vertical fire wall built in accordance with the National Building Code;
4. (c) a separate water and sewer service is provided for each dwelling;
5. (d) separate electrical services are provided for each dwelling;
6. (e) a separate heating device is provided for each dwelling;
7. (f) separate parking is provided for each dwelling unless the Council waives the requirement; and
8. (g) a copy of the agreement made between the owners covering the following terms is approved by the Council and registered on the title of each dwelling. The agreement shall address the following:
9. (i) common walls;
10. (ii) maintenance;
11. (ili) fire insurance;
12. (iv) easements;
13. (v) parking;
14. (vi) snow removal;
15. (vii) any other items jointly owned or used; and
16. (vili) any other terms and conditions as shall be imposed by the development officer or Council, as appropriate.
## 18.10 PARKLAND DEDICATION AND/OR PARK DEDICATION FEE
- (1) A person seeking to subdivide 3 or more lots, exclusive of the parent parcel, shall be required to dedicate and convey to the Town 10% of the lands being subdivided from the parent parcel for recreation and public open space purposes, subject to the following:
2. (a) the location of the parkland to be conveyed shall be at the discretion of, and shall be subject to approval by Council;
3. (b) the parkland shall be free of all encumbrances; and
4. (c) Council may apply some or all of the dedication and conveyance of the lot area to active transportation routes or trail systems or both where such can be provided within or between subdivisions, or to ensure that valued natural assets such as forest cover can be protected.
- (2) In lieu of a parkland conveyance, where land is deemed to be inappropriate by Council, Council shall require a payment of 10% of the assessed value of the lots to be subdivided, calculated on the projected value of the lands being subdivided, including all infrastructure costs upon final approval of the subdivision, and shall not take into account the value of structures on such lands. Council retains the right to use the Province's land valuation and assessment division or a qualified property appraiser in determining the assessed value of the land.
- (3) Council may, where Council determines that a combination of parkland and cash-in-lieu payments is in the best interests of the Town, require that parkland dedication be in the form of a combination of land and cash of an equivalent value.
- (4) Any monies collected pursuant to subsections (2) or (3) shall be designated for the purpose of recreational and public open space lands or uses.
- (5) A further subdivision of land that has already been subject to a parkland dedication or conveyance shall be exempt from the requirements of this section.
## 18.11 APPLICATION AND PRELIMINARY APPROVAL PROCESS
- (1) Any person seeking Council's approval of a subdivision shall first make application for preliminary approval, and shall be required to submit to the Town the following:
2. (a) an application in the form prescribed by the Council;
3. (b) the application fee as set forth in Schedule C;
4. (c) four (4) copies of a preliminary subdivision plan drawn to scale showing:
5. (i) the true shape and dimensions of every lot;
6. (ii) the location of every existing structure on the parcel;
7. (iii) existing and proposed services and utilities;
8. (iv) proposed widths and locations of all streets;
9. (V) location of land proposed for the parkland dedication, if applicable; and
10. (vi) proposed surface water drainage patterns and designed drainage features, when applicable; and
11. (vii) other existing features, including buildings, watercourses, wetlands, buffer zones, wooded areas, and areas subject to current or projected future flooding.
- (2) Council may also require the applicant to provide additional information required to assist it in evaluating a proposed subdivision, including, but not limited to:
13. (a) a soil test conducted in a manner acceptable to Council;
14. (b) contours and spot elevations;
15. (c) a water test;
16. (d) an assessment on any potential environmental impacts, including any requirements imposed by the Province's statutes or regulations or other enactments;
17. (e) a stormwater management plan;
18. (f) a traffic survey or a traffic study; and
19. (g) any other studies or documentation required in order to adequately determine whether the requirements of this Bylaw are met.
- (3) The development officer or Council, as appropriate, shall evaluate any proposed subdivision to determine whether:
21. (a) the proposed subdivision meets the intent of the Official Plan and the requirements of Part 18 of this Bylaw;
22. (b) appropriate street design standards and lot configurations have been used to promote the development of safe, convenient, and pleasant neighbourhoods; and
23. (c) a subdivision agreement shall be required in accordance with section 18.12.
- (4) The development officer or Council, as the case may be, may refuse to approve a subdivision which is unsuitable under the provisions of this Bylaw.
- (5) Where a subdivision application is submitted concurrently with a rezoning application, the preliminary subdivision approval shall not be granted until the rezoning application has been processed and has received approval.
- (6) Street design drawings and a stormwater management plan prepared by a professional engineer shall be submitted with an application for preliminary approval for any subdivision involving the construction of a new street.
- (7) After reviewing all information required by the development officer, Planning Board may make a recommendation to Council for approval or rejection of the subdivision application.
- (8) Where the Council accepts the details of a subdivision application, they may issue a preliminary approval, which shall include all conditions to be satisfied for the subdivision to proceed to final approval.
- (9) Preliminary approval for any proposed subdivision shall not be construed as final approval of such subdivision for legal conveyance or for land registration purposes.
## 18.12 SUBDIVISION AGREEMENT
- (1) The development officer or Council, as the case may be, may require an applicant to enter into a subdivision agreement prior to issuing preliminary approval. The subdivision agreement may cover such matters required in order to ensure compliance with this Bylaw and may include, but not be limited to the following:
2. (a) the design and construction costs of sidewalks, water supply, wastewater treatment and disposal, streets, and street lighting;
3. (b) the dedication of parkland, or payment of a fee in lieu of parkland;
4. (c) the building of streets to provincial standards and deeding of streets to the Province's Department of Transportation and Infrastructure or its successor;
5. (d) the posting of a financial guarantee, performance bond, or other security satisfactory to Council;
6. (e) the provision of a controlled landscape plan and stormwater management plan to facilitate the drainage of water and to guard against flooding of lots within the subdivision and adjacent properties;
7. (f) the provision of such services, facilities or actions as are necessary to ensure the satisfactory development of the subdivision;
8. (g) the provision for the phasing of the subdivision; and
9. (h) the preservation and enhancement of surface water drainage systems.
- (2) The subdivision agreement shall be registered in accordance with the Registry Act and all fees associated with the preparation, registration, and enforcement of the subdivision agreement shall be paid by the developer.
## 18.13 FINAL APPROVAL
- (1) Except where otherwise provided for in this Bylaw, a stormwater management plan prepared by a professional engineer shall be submitted with an application for final approval for any subdivision of a lot into three (3) or more lots. The stormwater management plan shall include an overall surface water management strategy for the proposed subdivision, and shall include the proposed general location and top of the foundation elevation for the main buildings to be erected on each lot.
- (2) No final subdivision approval shall be granted by the Town unless:
3. (a) the applicant has complied fully with all applicable requirements of this part, any subdivision agreement between the applicant and the Town, and any other conditions of preliminary approval;
4. (b) the applicant has submitted at least seven (7) copies of a final survey plan showing all lots pinned and certified by a professional land surveyor; and
5. (c) all agreements and other documents required under this Bylaw have been prepared and concluded to the satisfaction of the development officer;
- (d) all transactions involving the transfer of land, money or security in conjunction with the subdivision have been concluded to the satisfaction of the development officer; and
- (e) the applicant has completed any necessary conditions of agreements with the Province's department responsible for transportation and the street has been accepted as public.
- (3) The development officer may require the applicant to provide a digital file containing the (real earth) geographic co-ordinates of the plan of subdivision.
- (4) The development officer shall give notice of final approval of a subdivision in writing and shall place the Town's approval stamp on the submitted copies of the survey plan and shall return a copy to the applicant.
- (5) The Town shall file a copy of the final survey plan with:
- (a) the Province's Registrar of Deeds (2 copies);
- (b) the Province's Department of Transportation and Infrastructure or any successor department of transportation, as required;
- (c) the local utilities, as required; and
- (d) the Town's files.
- (6) The Town may grant final approval to part of a subdivision which is proposed to be developed in phases.
## 18.14 CONSOLIDATIONS
- (1) Any approval for a lot consolidation shall be conditional on the applicant combining the lots by deed expressing the perimeter boundary of the new parcel. The deed shall be registered in accordance with the Registry Act and all fees associated with the preparation and registration of the deed shall be paid by the developer/applicant.
- (2) Notwithstanding subsection 18.11, applications for final approval for lot consolidations or boundary line adjustments may be submitted without the preliminary approval stage of the application process, having regard to the provisions in the Bylaw for the approval of subdivisions, as may be applicable, and provided the application otherwise conforms to the Bylaw.
## 18.15 DEVELOPMENT PERMITS
- (1) No development permit shall be issued for any lot in a proposed in a subdivision until all the requirements of the preliminary approval, subdivision agreement and of this Bylaw have been fulfilled and final subdivision approval has been granted.
## 18.16 RESCINDING OR ALTERING APPROVAL
- (1) An existing approved subdivision or portion thereof may be rescinded or altered by the development officer or Council, as the case may be, if:
2. (a) the subdivision has been carried out contrary to the application, the conditions of approval, or the requirements of this Bylaw; or
3. (b) the subdivision owner has confirmed in writing that the sale of lots is no longer intended and has requested that approval be rescinded.
## 19 PENALTIES
## 19.1 FINES
- (1) Any person who violates any provision of this Bylaw shall be guilty of an offence and liable on summary conviction
2. (a) on a first conviction, to payment of a fine not exceeding $2,000;
3. (b) on a subsequent conviction, to a fine of not more than $400 for each day upon which the contravention has continued after the day on which the person was first convicted;
as well as payment of any outstanding fees. The judge presiding on any prosecution under this Bylaw may fix the costs of prosecution to be paid by the person found guilty.
- (2) Any prosecution for an offence under subsection (1) may be instituted within one year after the time when the contravention occurred.
- (3) The applicant and the property owner are liable for any offence under this Bylaw.
- (4) The Town is entitled to all of the enforcement remedies as set forth in section 24 of the Planning Act and in Part 9 of the Municipal Government Act.
## 20 NOTICE OF DECISIONS
- (1) The development officer shall ensure that all decisions relating to applications are posted in accordance with section 23.1 of the Planning Act.
## 21 APPEALS
- (1) Any appeal of a decision in respect to the administration of this Bylaw shall be undertaken in accordance with Part V of the Planning Act.
## 22 REPEAL
## 22.1 EFFECTIVE DATE
- (1) This Bylaw shall come into force on the date it is signed by the Province's minister responsible for the Planning Act.
## 22.2 REPEAL
- (1) The Town O'Leary Zoning & Subdivision Control (Development) Bylaw (2014), as amended from time to time, is hereby repealed.
## SCHEDULE A - ZONING MAP
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## SCHEDULE B - PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS
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 amended from time to time, apply in the Town of O'Leary. The Province-Wide Minimum Development Standards Regulations are included for information and reference purposes only.
NOTE: This Schedule 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 on the Prince Edward Island Government web site to determine the authoritative text of these regulations.
For more information concerning the history of these regulations, please see the Table of Regulations
on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office Tel: (902) 368-4292 Email: [email protected]
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## PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS
Pursuant to clause 7(1)(c) of the Planning Act R.S.P.E.I. 1988, Cap. P-8, Council made the following regulations:
## "authority having jurisdiction", defined
- (1) n these regulations "authority having jurisdiction" means the Minister responsible for th na bias, the mrici, A cou Cap. P-8, or in the case of a municipality with an official pla
## Idem, existing definitions
- (2) Words and expressions defined in section 1 of the Planning Act Subdivision and Development Regulations have the same meaning when used in these regulations. (EC703/95;
## 2. Application
These regulations apply to all areas of the province. (EC703/95)
## Lot size
Revoked by EC41/96.
## 4. Residential
- (1) No approval or permit shall be granted for the subdivision of a lot for residential use unless the lot conforms with the minimum lot size standards set out in Table 1.
## Location
- (2) The area encompassed by the required minimum circle diameter as set out in Table 1 anc Table 2 shall be located on the lot such that it will accommodate an on-site sewage disposa system.
## Reduced size
- Notwithstanding the minimum lot size standards set out in Table 1 and Table 2, for infilling purposes, a lot may be reduced to a minimum of 10,000 sq. ft. / 929 sq. m. provided that
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- (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.
## Reduced circle requirement
- (4) Votwithstanding the minimum circle diameter requirements set out in column (f) of Table ind column (e) of Table 2, a lot that does not meet those requirements may be subdivide from a lot or parcel that existed prior to June 12, 1993 where
2. the lot is intended for either single unit residential use or non-residential use, and wil ›e serviced by on-site water and sewerage disposal systems:
3. (b)
4. (c) a circle with a minimum diameter of 125 ft./38.1 m. will fit within the boundaries of the lot; and
5. (d) there is no practical alterative to increasing the size of the property to permit compliance with the circle diameter requirement. (EC703/95; 41/96; 694/00; 552/11)
## 5. Non-residential
- (1) No approval or permit shall be issued to subdivide a lot for non-residential use unless in conformity with the minimum lot size standards set out in Table 2.
## Exception
- (2) Notwithstanding subsection (1),
2. (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);
3. (b) where an approval or permit has been granted by an authority having jurisdiction pursuant to subsection (1), a subsequent approval or permit requiring or proposing sewerage system shall only be granted in accordance with the standards set out ir Table 2. (EC703/95; 41/96; 552/11)
## Categories of lots
Every lot on a plan of subdivision shall be categorized in accordance with the following site suitability standards:
- (a) Category I, where
- (i) the depth of permeable natural soil is 2 ft. (0.61 m.) or greater,
(iii) the depth to the maximum groundwater elevation is 4 fl. (1.22 m.) or greater;
- (ii) the depth to bedrock is 4 fl. (1.22 m.) or greater, and
- (b) Category II, where
- (i) 2 r. (pot m permeable natural soil is greater than 1 A. (0.3 m.), but less than
- (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
- (c) Category III, where
- (ili) the depth to the maximum groundwater elevation is 4 fl. (1.22 m.) or greater;
- (i) the depth of permeable natural soil is 1 ft. (0.3 m.) or greater,
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- (ii) the depth to bedrock is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.),
- (ili) 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
- (i) the lot has a depth of permeable natural soil of less than 1 ft. (0.3 m.),
- (ii) the depth to bedrock is greater than 1 ft. (0.3 m.), and
- (iii) the depth of the maximum groundwater elevation is greater than 2 ft. (0.61 m.);
- (e) Category V, where
- (i) the depth to bedrock is less than 1 ft. (0.3 m.), and
- (ii) the depth to the maximum ground water elevation is greater than 2 ft. (0.61 m.). (EC703/95; 694/00; 552/11)
## 7. Upgrade
Revoked by (EC694/00).
## 8. Application
The minimum lot size standards set in Tables 1 and 2 do not apply to subdivisions approved prior to October 14, 1995. (EC703/95; 552/11)
## 9. Minor variance
- (1) The authority having jurisdiction may, for special cause, authorize 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.
## Variance, public utility use
- (2) Notwithstanding any other provisions of these regulations, where a lot is designed for use by a public or a private utility, the authority 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. Minimum highway access standards
- (1) The Roads Act Highway Access Regulations shall constitute the Minimum Highway Access Standards.
## Entrance way permit
- (2) An authority having jurisdiction shall not grant an approval or issue 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)
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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 the Lot - feet / metres |
|---------------------------------------------------------|--------------------|-------------------------------------------------------------------------------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|
| on-site water supply and on-site sewage disposal system | | 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 | 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. 160ft. / 48.8 m. 175 ft. / 53.3 m. 200 ft. / 61 m. 200 ft. / 61 m. |
| on-site water supply and on-site sewage disposal system | | 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 | 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 | 175ft. / /53.3 m. 200ft. / /61m. 225 ft. / 68.6 m. 250ft. / 76.2 m. 250 ft. / 76.2 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 3 more than | 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., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 225ft. 68.6 m. 250 ft. /76.2 m. 275 ft. / m. 300 ft. / 91.4 m. 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | | 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 | 75,000 sq.ft. / 6,975 sq.m. 80,000 sq.ft. / 7,440 sq.m. 85,000 sq.ft. / 7,905 sq.m. 90,000 sq.ft. / 8,370 sq.m. 90,000 sq.ft. / 8,370 sq.m., plus 500 sq.ft. / 457 sq.m. for ea Iditional ur | 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | V | N/A | N/A | not developable | N/A |
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| (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 the Lot - feet / metres |
|---------------------------------------------------------|--------------------|----------------------------|--------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | more than | 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. 5,000 sq. ft. / 3,251 sq. m., plu ,500 sq. ft. / 457 sq. m. for eac additional unit | 125ft. / 38.1 m. 150ft. / 45.7 m 160ft. / 48.8 m 175ft. / 53.3 m 175ft. / 53.3 m. |
| central water Sunile and sewage disposal system | | 50 feet / 15.25 metres | more than | 25,000 sq. ft. / 2,322.5 sq. m. 1000. /373, m. resus. additional unit | 150 ft. / 45.7 m. 160ft. /48.8 m. 175ft. / 53.3 m. 200ft. / 61m. 200ft. / 61m. |
| central water supplyand on-site sewage disposal system | ##I | 50 feet / 15.25 metres | 1 2 3 more than | 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. 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 eact additional unit | 200 ft. / 61 m. 225ft. / 68.6 m 250ft. / 76.2 m. 275ft. / 83.8 m 275ft. / 83.8 m |
| central water supplyand on-site sewage disposal system | IV | 50 feet /15.25 metres | 1 2 3 4 more than | 60,000 sq. ft. / 5,580 sq. m. 65,000 sq. ft. / 6,450.5 sq. m. 70,000 sq. ft. / 6,510 sq. m. 75,000 sg. ft. / 6,975 sq. m. 75,000 sq. ft. / 6,975 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 275ft. / 83.8 m. |
| central water supply and on-site sewage disposal system | V | N/A | N/A | not developable | N/A |
| on-site water supply and central waste treatment system | lor ll | 50 feet / 15.25 metres | more than | 15,000 sq. ft. / 1,393.5 sq. m. 30,000 sq. ft. / 2,787 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each | 100ft. / 30.5m. 125ft. / 38.1 m. 150ft. / 45.7 m. 160ft. / 48.8 m 160 ft. / 48.8 m |
| on-site water supplyand central waste treatment system | III | 50 feet / 15.25 metres | more than | 15009. /254. m.10г., us additional unit | 125ft. / 38.1 m. 150ft. / 45.7 m. 160ft. / 48.8 m 175ft. / 53.3 m. 175ft. / 53.3 m. |
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| (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 the Lot - feet / metres |
|--------------------------------------------------|--------------------|----------------------------|--------------------------------|-----------------------------------------|------------------------------------------------------------------------------------------------|
| central water supply and waste treatment systems | i, Il, or llI | n/a | any number | as determined by the Minister | is determined b he Ministe |
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ECS42/87; 703/95; 694/00; 552/11)
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 | | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a | | 150 ft. / 45.7 m. |
| on-site water supply and on-site sewage disposal system | | 100 feet / 30.5 metres (or 50 feet / 15.25 Trontage is on the | 35,000 sq. ft. / | 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 frontage is on the interior curve of a street) | 51,000 sq. ft. / 4,738 sq. m. | 225 ft. / 68.6 m. |
| central water supply and on-site sewage disposal system | T | 50 feet / 15.25 metres | 20,000 sq. ft. / 1,858 sq. m. | 125ft. / 38.1 m. |
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | 25,000 sq. ft. / 2,322.5 sq. m. | 150 ft. / 45.7 m. |
| central water supply and on-site sewage disposa system | III | 50 feet /15.25 metres | 35,000 sq. ft. / 3,251.5 sq. m. | 175 ft. / 53.3 m. |
| on-site water supply and central waste treatment system | 1, lor ill | 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 | 1, ll or Ill | n/a | as determined bythe Minister | as determined by the Minister |
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## SCHEDULE C - SCHEDULE OF FEES
| Application Type | Fee |
|-------------------------------------------------------------------------------------------------------------|------------------------------------------------------------|
| Residential: New building, addition, or renovation | $25 |
| Accessory Structures: | $25 |
| Commercial, Industrial, and Institutional New building, addition or renovation | $25 |
| General Fees Change of Use Demolition Zoning Inquiry | $50 $50 $50 |
| Subdivision Up to 2 lots, boundary line adjustment Over 2 lots Amendment to subdivision greater than 2 lots | $50 $250 for first five lots + $25 per additional lot $300 |
| Official Plan and Bylaw amendments, including rezoning | $300 + public meeting costs* |
Refunds: all fees are non-refundable.
## SCHEDULE D - WIND ENERGY FACILITIES
## WIND ENERGY SYSTEMS
- (1) The owner of a wind energy facility shall comply with all applicable provincial statutes, regulations and other enactments related to wind turbines.
- (2) A development permit may be issued for a wind energy facility on one or more lots that do not have frontage on a street, provided proof of access to a street is submitted.
- (3) All wind turbine generators shall be finished in a non-reflective matte and unobtrusive colour in compliance with Navigations Canada.
- (4) The only artificial lighting permitted on wind turbines is lighting that is required by a federal or provincial statute, regulation, or other enactment.
- (5) No signage shall be permitted on a wind turbine generator except for the identification of the manufacturer or owner located on the nacelle(s), provided such identification is part of the manufacturing or installation process for the wind turbine(s).
- (6) The owner of the wind energy facility shall remove the wind turbine(s) and associated structures above grade within two (2) years of wind energy facility inactivity.
- (7) A lot shall be deemed to be participating in the project where the lot owner is party to the application and provides written consent.
## SMALL WIND ENERGY FACILITIES
- (1) A small wind energy facility shall:
2. (a) not be located within three (3) times the total turbine height from any existing dwelling;
3. (b) not be located within two (2) times the total turbine height from any existing public road;
4. (c) not be located within two (2) times total turbine height from a non-participating property or privately owned road.
5. (d) Where parcels are participating properties, the setback requirement from a common lot line shall be zero;
- (2) A development permit application for a small wind energy facility shall include:
7. (a) a project description including the owner of the wind energy facility, total nameplate capacity of the wind energy facility, total turbine height, tower height, rotor diameter, proposed signage, and the manufacturer's specification of all wind turbine generators and energy storage systems;
8. (b) signatures of all participating property owners party to the application, acknowledging their intent to host physical components or waive lot line setback requirements and thereby participate in the wind energy facility;
9. (c) a site plan showing:
10. (d) existing and proposed buildings;
11. (e) existing dwellings;
12. (f) existing and proposed wind turbines, energy storage systems and electrical equipment;
13. (g) all lot lines;
14. (h) participating properties and other adjacent properties;
15. (i) compliance with all setback requirements.
- (j) any other information the development officer or Council deems necessary to determine whether the development conforms to this Bylaw.
## LARGE WIND ENERGY FACILITIES
- (1) A large wind energy facility shall:
2. (a) not be located within 1 km of a dwelling, except where the dwelling is on a participating property, in which case the setback requirement shall be four (4) times the total turbine height;
3. (b) not be located within two (2) times the total turbine height from any existing public road;
4. (c) not be located within two (2) times the total turbine height from non-participating property or privately owned road.
5. (d) Where parcels are participating properties, the setback requirement from a common lot line shall be zero;
6. (e) The owner of the wind energy facility with a name plate capacity in excess of 100 kilowatts shall enter into a development agreement with Council, and the agreement shall be registered in accordance with the provisions of the Registry Act.
- (2) A development permit application for a large wind energy facility shall include:
8. (a) a project description including the owner of the wind energy facility, total capacity of the wind energy facility, total turbine height, tower height, rotor diameter, proposed signage, and the manufacturer's specification of all wind turbine generators and energy storage systems;
9. (b) signatures of all lot owners party to the application, acknowledging their intent to host physical components or waive lot line setback requirements and thereby participate in the wind energy facility;
10. (c) copies of all documentation submitted pursuant to any federal or provincial statute, regulation, or other enactment;
11. (d) an emergency response plan;
12. (e) an operations and maintenance plan;
- (1) a decommissioning and reclamation plan;
14. (g) a site plan showing:
15. (h) existing and proposed buildings;
16. (i) existing and proposed wind turbines, energy storage systems and electrical equipment;
17. (i) lot lines;
18. (k) participating properties and other adjacent properties;
- (1) wetlands and watercourses;
20. (m) access roads; and
21. (n) compliance with all setback requirements.
22. (o) any other information the development officer or Council deems necessary to determine whether the development conforms to this Bylaw.