Zoning Bylaw CS-40 (effective January 23, 2025, consolidated March 25, 2026)
Summerside, Prince Edward Island
· adopted 2025-01-23
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## Effective Date
The effective date of the City of Summerside Zening Bylaw CS-40 is the date as signed below by the Minister of Housing, Land and Communities.
## Authority
The Council for the City of Summerside, under the authority vested in it by sections 16-19 of the Planning Act R.S.P.E.I. 1988 Cap P-8, hereby enacts as follows:
## First Reading:
The City of Summerside Zoning Bylaw CS-40 wes read and approved a first time at the Coundl meeting held on the 19th day of June, 2024.
## Second Reading:
The City of Summerside Zoning Bylaw CS-40 was read and approved a second time at the Council meeting held on the 21st day of October, 2024.
## Adoption and Approval by Council:
The City of Summerside Zoning Bylaw CS-40 was adopted by a majority of council members present at the Council meeting held on the 21st day of October, 2024
The City of Summerside Zoning Bylaw CS-40 is declared to be passed on the 21st day of October, 2024.
Mayor (signature sealed)
Chief Administrative Officer (signature sealed)
## Ministerial Approval
The City of Summerside Zoning Bylaw CS-40 is hereby approved.
Dated of this 23 dayof January - 2025
Minister of Housing, Land a ind Communities
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## City of Summerside Zoning Bylaw CS-40
This Bylaw may be referred to as the 'Summerside Zoning Bylaw CS-40'.
This Bylaw is enacted under the authority of the Planning Act, R.S.P.E.I. 1988, Cap. P8, referred to here as the 'Planning Act, and PEI Municipal Government Act, R.S.P.E.I. 1988, Cap.M-12-1.
The effective date of this Bylaw shall be the date of its approval by the Minister responsible for administering the Planning Act.
| Date of Council Adoption: October 21, 2024 | Date of Council Adoption: October 21, 2024 | Date of Council Adoption: October 21, 2024 | Date of Council Adoption: October 21, 2024 |
|----------------------------------------------|----------------------------------------------------------------------------------------------------------|----------------------------------------------|----------------------------------------------|
| Date of Minister Approval: January 23, 2025 | Date of Minister Approval: January 23, 2025 | Date of Minister Approval: January 23, 2025 | Date of Minister Approval: January 23, 2025 |
| Amendment Number | Description | Council Approval | Minister Approval |
| File#: 0015R | M1 to R3 Rezoning of 110 Rufus Street (PID #304188) | April 1, 2025 | July 16, 2025 |
| File#: 0017R | M1 to R3 Rezoning of 136 Rufus Street (PID #304196) | April 1, 2025 | July 16, 2025 |
| File#: 0019R | M1 to R3 Rezoning of 138 Rufus Street (PID #304204) | April 1, 2025 | July 16, 2025 |
| File#: 0131 | Resort CDA Rezoning 535 Mackenzie Drive - adding uses and regulations | May 20, 2025 | June 3, 2025 |
| File#: 0200 | [new] Health and Learning District CDA Rezoning 232 Simmons Ave | Sept 2, 2025 | Jan 15, 2026 |
| Bylaw#: CS25-01 File#: 0301 | Housekeeping amendments affecting: Definitions, Section 5, Section 7, Adding new Section 14, and R5 Zone | Oct 20, 2025 | March 10, 2026 |
For further information about the Summerside Zoning Bylaw (CS-40) contact the City of Summerside by phone at 902-432-1262.
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## Table of Contents
| | SCHEDULE 'A' General Provisions.. | 11 |
|---------------|-------------------------------------------------------------------------------------------------------|-------|
| Section 1 1.1 | Introduction....... Title ... | 12 12 |
| 1.2 | Authority. | 12 |
| 1.3 | Effective Date | 12 |
| 1.4 | Purpose............. | 12 |
| 1.5 | Scope.. | 12 |
| 1.6 | Validity.. | 12 |
| 1.7 | Schedules. | 13 |
| 1.8 | Repeal, | 13 |
| Section 2 | Zoning Definitions | 14 |
| Section 3 | Zoning Map - Schedule 'B' | 43 |
| 3.1 | Zoning Map | 43 |
| 3.2 | Zones... | 43 |
| Section 4 | Interpretation | 44 |
| 4.1 | Zoning Boundaries | 44 |
| 4.2 | Use of Headings | 44 |
| 4.3 | Development Standards and Standards of Measurement | 44 |
| Section 5 | Administration. | 45 |
| 5.1 | Bylaw Administration.. | 45 |
| 5.2 | Application for Development Approval | 45 |
| 5.3 | Fees. | 45 |
| 5.4 | No Exemption from Requirements... | 45 |
| 5.5 | City as Initiator.... | 46 |
| 5.6 | Compliance with Other Regulations.. | 46 |
| 5.7 | Review of Amendments.. | 46 |
| 5.8 | Time Limitation of Applications. | 47 |
| 5.9 | Official Plan (OP), Secondary Plans (SP) and Zoning Bylaw (ZBL) Amendments | 47 |
| 5.10 | Procedures for Official Plan, Secondary Plan, Zoning, Discretionary Uses, and Restricted Uses........ | 48 |
| 5.11 | Official Plan, Secondary Plan and Zoning Boundary Revisions. | 49 |
| 5.12 | Discretionary Use Approval | 49 |
| 5.13 | Restricted Use Approval 49 |
|-----------|-----------------------------------------------------|
| 5.14 | Conditional Use Approval 50 |
| 5.15 | Development Agreement 50 |
| 5.16 | Pre-Conditional Approval. 51 |
| 5.17 | Similar Allowable Use .... 51 |
| 5.18 | Enforcement ... 52 |
| 5.19 | Offences.... 52 |
| 5.20 | Right of Appeal............... 52 |
| Section 6 | Non-Conforming Uses and Non-Complying Buildings. 53 |
| 6.1 | Continuation of Non-Conforming Uses 53 |
| 6.2 | Non-Conforming Buildings and Land Uses .. 53 |
| 6.3 | Non-Conforming Buildings Damaged by Fire... 53 |
| 6.4 | Non-Conforming Manufactured Home Park .. 53 |
| 6.5 | Extensions and Changes to Non-Conforming Uses. 54 |
| 6.6 | Discontinued Non-Conforming Use. 54 |
| 6.7 | Non-Complying Building... 54 |
| 6.8 | Reduction in Lot Size.... 55 |
| Section 7 | Variances .... 56 |
| 7.1 | Eligible Variances ....... 56 |
| 7.2 | Justifications for Variances 56 |
| 7.3 | Administration of Variances 57 |
| Section 8 | Additional Use Standards .. 58 |
| 8.1 | General.. 58 |
| 8.2 | Permitted Uses in All Zones.. 58 |
| | 58 |
| 8.4 | Accessory Building......... |
| 8.5 | Restricted Use Designation.. 59 |
| 8.6 | Automobile Service Station 59 |
| 8.7 | Boarding House............. 60 |
| 8.8 | Existing Agricultural Uses.. 60 |
| 8.9 | Grouped Main Buildings... 60 |
| 8.10 | Modular Buildings .......... 61 |
| 8.11 | Mobile Home (pre-1999) .. 61 |
| 8.12 | Occasional Commercial Uses .. | 61 |
|--------------------|---------------------------------------------------------------------------------------------|------|
| 8.13 | Telecommunication Towers, Wind Energy Conversion Systems and Solar Energy Collector Systems | 61 |
| 8.14 | Seasonal Garden Centre ... | 62 |
| 8.15 | Semi-Detached Dwellings and Town Houses... | 63 |
| 8.16 | Special Setbacks for Street Widening. | 63 |
| 8.17 | Street Frontage and Servicing. | 63 |
| 8.18 | Subdivision of Commercial and Industrial Buildings. | 64 |
| 8.19 | Swimming Pool, Spas and Hot Tubs. | 64 |
| 8.20 | Temporary Building.... | 65 |
| 8.21 | Yard Sale... | 65 |
| 8.22 | Special Standards for City Well Fields.. | 65 |
| 8.23 | Commercial/Residential Building.. | 65 |
| 8.24 | Accessory Dwelling Units (ADUs). | 66 |
| 8.25 | Child Care Centre, Home-Based. | 67 |
| Section 9 | Conditional Uses....... | 68 |
| 9.1 | General. | 68 |
| 9.2 | Home Based Business .... | 68 |
| 9.4 | Tourism Establishments.. | 69 |
| 9.5 | Procedures for Conditional Use Approvals.. | 70 |
| 9.6 | Conditions for Conditional Uses Approvals . | 70 |
| 9.7 | Renewal/Re-Assignment/Amendment.. | 71 |
| Section 10 | Parking and Traffic Standards .. | 72 |
| 10.1 | General.... | 72 |
| 10.2 | Road Access Restrictions | 72 |
| 10.3 Access Design | 10.3 Access Design | 72 |
| 10.4 | Flag Lot Access.. | 73 |
| 10.5 | Off-Street Parking Standards... | 74 |
| 10.6 | Optional Off-Street Parking Requirements.. | 76 |
| 10.7 | Parking Requirements in Downtown (D) Zone .. | 77 |
| 10.8 | Shared and Off-Site Parking | 77 |
| 10.9 | Parking Lot/Area Layout and Construction.. | 77 |
| 10.10 | Barrier Free Spaces .... | 79 |
| 10.11 | Queuing Spaces.. | 79 |
|--------------------------------------------------|-------------------------------------------------------|---------|
| 10.12 | Loading Spaces.. | .. 79 |
| 10.13 | Commercial and Recreational Vehicles | 80 |
| 10.14 | Non-Operative Vehicles. | 80 |
| Section 11 | Fencing and Landscaping Buffer Standards | 81 |
| 11.1 | Site Triangle Restrictions | 81 |
| 11.2 | Partition Fence.. | 81 |
| 11.3 | Privacy Fence | 81 |
| 11.4 | Ornamental Fence | 81 |
| 11.5 | Other Fence and Vegetation Screening Restrictions ... | 81 |
| 11.6 | Landscape Buffer Standards .. | 82 |
| Section 12 | Yard Encroachments...... | 84 |
| 12.1 | Allowable Yard Encroachments | 84 |
| Section 13 | Special Setback Standards.. | 85 |
| Section 14 | Zoning Map Overlays..... | 86 |
| | 14.1 Restricted Use Permits.... | 86 |
| | 14.2 Holland College Buffer .... | 86 |
| LAND USE ZONES AND DEVELOPMENT STANDARDS.. | LAND USE ZONES AND DEVELOPMENT STANDARDS.. | 87 |
| Residential Zones .. | Residential Zones .. | 88 |
| Low Density Residential (R1) Zone .. | Low Density Residential (R1) Zone .. | 89 |
| Low Density Mixed Residential (R2) Zone | Low Density Mixed Residential (R2) Zone | 91 |
| Medium Density Residential (R3) Zone ... | Medium Density Residential (R3) Zone ... | 93 |
| Medium Density Narrow Lot Residential (R3r) Zone | Medium Density Narrow Lot Residential (R3r) Zone | 95 |
| High Density Residential (R4) Zone | High Density Residential (R4) Zone | 97 |
| Manufactured Home Park Residential (R5) zone .. | Manufactured Home Park Residential (R5) zone .. | 99 |
| Comprehensive Development Area (CDA) Zone | Comprehensive Development Area (CDA) Zone | .. 101 |
| Resort District - 535 MacKenzie Drive | Resort District - 535 MacKenzie Drive | .. 111 |
| Health and Learning District - 232 Simmons Ave. | Health and Learning District - 232 Simmons Ave. | .. 113 |
| Commercial Zones.... .. 116 | Commercial Zones.... .. 116 | |
| Downtown - (D) Zone.... | Downtown - (D) Zone.... | ... 117 |
| 22.1 | Purpose... | .. 117 |
| 22.2 | Downtown Design Guidelines and Standards (DDG).. | ... 117 |
| 22.3 | Connectivity: Enhancing the Pedestrian Network | 118 |
| 22.4 | Streetscape: Public Realm | .. 118 |
| 22.5 | Street Vitality: Creating Active Building Frontage | .. 119 |
|----------------------------------------------|------------------------------------------------------|----------|
| 22.6 | Parking and Access.... | ... 120 |
| 22.7 | Height and Massing | .. 120 |
| 22.8 | View Corridors to Waterfront. | ... 122 |
| 22.9 | Exterior Cladding Materials | .. 123 |
| 22.10 | Permit Review process.... | ... 124 |
| 22.11 | Urban Core Districts...... | .. 124 |
| 22.12 | Land Uses by Districts.... | ... 125 |
| 22.13 | Lot Standards ................ | .. 126 |
| 22.14 | Factory Constructed Buildings.. | .. 126 |
| | 22.15 Development Standards Table... | ... 127 |
| Service Commercial (C2) Zone | Service Commercial (C2) Zone | .. 131 |
| Neighbourhood Commercial (C3) Zone. | Neighbourhood Commercial (C3) Zone. | .. 133 |
| Industrial ZonesLight Industrial (M1) Zone.. | Industrial ZonesLight Industrial (M1) Zone.. | .. 134 |
| Heavy Industrial (M2) Zone | Heavy Industrial (M2) Zone | 137 |
| Institutional (I) Zone. | Institutional (I) Zone. | 139 |
| Parkland (P) Zone... | Parkland (P) Zone... | ... 140 |
| Special Use (SU) Zone | Special Use (SU) Zone | 141 |
| Agricultural (A) Zone.. | Agricultural (A) Zone.. | ... 142 |
| Conservation (CO) Zone. | Conservation (CO) Zone. | 145 |
| SCHEDULE 'C' Regulations | SCHEDULE 'C' Regulations | 148 |
| Sign Regulations. | Sign Regulations. | ... 149 |
| 1.0 | General | .. 149 |
| 2.0 | Purpose..... | ... 149 |
| 3.0 | Sign Definitions | .. 149 |
| 4.0 | Prohibited Signs .............. | ... 154 |
| 5.0 | Exempt Signs and Standards. | .. 155 |
| 6.0 | Permitted Sign Standards. | 155 |
| 7.0 | Sign Permit Procedures... | .. 157 |
| 8.0 | Temporary Sign Permit ... | ... 158 |
| 9.0 | Computation of Sign Sizes | ... 158 |
| 10.0 | Additional Sign Standards. | 159 |
| 11.0 | Sign Placement Standards ... | ... 160 |
| 12.0 | Unsafe and Abandoned Signs. | 160 |
|-----------------------------------------------------------------------|-----------------------------------------------------------------------|---------|
| 13.0 | Non-Conforming Sign..... | .. 161 |
| 14.0 | Non-Conforming Land Use Sign. | .. 161 |
| 15.0 | Fees, Enforcement and Offences.. | .. 161 |
| 16.0 | Off-Site Signage Program.. | .. 161 |
| | Wind Energy Conversion System Regulations. | ... 164 |
| 1.0 | Regulations... | .. 164 |
| 2.0 | Permit Required............. | .. 164 |
| 3.0 | Information Requirements | .. 164 |
| 4.0 | Additional Permits or Certifications. | ... 165 |
| 5.0 | Measurements.. | .. 165 |
| 6.0 | Setbacks ......................... | . 165 |
| 7.0 | Design Requirements...... | . 166 |
| 8.0 | Inoperative WECS Facility | 167 |
| Planning Act Province-Wide Minimum Development Standards Regulations. | Planning Act Province-Wide Minimum Development Standards Regulations. | ... 168 |
## SCHEDULE 'A' General Provisions
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## Section 1 Introduction
## 1.1 Title
This Bylaw may be referred to as the 'Summerside Zoning Bylaw CS-40'.
## 1.2 Authority
This Bylaw is enacted under the authority of the Planning Act, R.S.P.E.I. 1988, Cap. P8, referred to here as the 'Planning Act, and PEl Municipal Government Act, R.S.P.E.I. 1988, Cap.M-12-1.
## 1.3 Effective Date
The effective date of this Bylaw shall be the date of its approval by the Minister responsible for administering the Planning Act.
## 1.4 Purpose
The Summerside Zoning Bylaw CS-40 applies to all land within the City of Summerside.
## 1.5 Scope
All development and, where applicable, all existing uses, buildings and structures within the City shall be in compliance with this Bylaw.
## 1.6 Validity
- a. The intent of provisions of this Bylaw are not invalidated by any errors in its drafting.
2. Should any provision of this Bylaw be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the Bylaw shall not be affected.
- C. A change of owner, tenant or occupant of any building or land does not, by itself, affect the rights or obligations attached to such building or land through any provision of this Bylaw, except as specifically limited by any provision.
## 1.7 Schedules
- a. The written body of this Bylaw constitutes its Schedule 'A' and may be referred to as the 'text.' The main body of this Bylaw can be amended in accordance with the Planning Act.
- b. Schedule 'B' is referred to as the Zoning map. It can be amended in accordance with the Planning Act.
- c. The following regulations in Schedule 'C' can be amended by Council resolution:
- Signage Regulations;
- The City of Summerside Wind Energy Conversion System Regulations;
- Development Application Fees;
7. Procedure: Building deconstruction to allow for reuse of an existing foundation, building reconstruction within the same footprint of the existing building or building reconstruction within the same footprint on a legacy lot.
## 1.8 Repeal
The Summerside Zoning Bylaw SS-15 (Rev. 2018), all previous versions and all amendments thereto are hereby repealed.
## Section 2 Zoning Definitions
For the purposes of this Bylaw, all words shall carry their customary meaning except those defined here. Cross-references between definitions are shown by use of italics. Definitions relating specifically to signage are in Schedule C - Signage Regulations. Definitions used in this bylaw that conflict with the National Building Code as adopted by the City, the Code definitions shall have precedence.
## A
ACCESSORY APARTMENT, see dwelling unit.
ACCESSORY BUILDING means a building whose use is incidental and subordinate to, and consistent with, the main building or approved use of the lot upon which the building is located.
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.
Examples of an Accessory Dwelling Unit are:
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 town house 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 primary dwelling unit but detached from the main dwelling unit.
ACCESSORY UTILITY BUILDING/STRUCTURE means a building or structure that serves the immediate surrounding area with utility services, such as a lift station or a well and may include a generator building.
ACCESSORY USE means a use customarily subordinate and incidental to the main use of buildings or land on the same lot.
ACCOMMODATIONS means a Tourism Establishment as defined in this bylaw, but not a boarding house.
AGRICULTURAL USE includes:
General Agricultural Use means an agricultural use of a building or land, such as animal husbandry, dairying, field cropping, horticulture, market gardening, pasturage, and any associated packing and storage of agricultural products, but excluding any intensive agricultural use, or any agricultural processing (see heavy industrial).
Intensive Agricultural Use means an agricultural use of a building or land which is an obnoxious use, such as abattoirs, piggeries, year-round feed lots, and commercial poultry-keeping based on confinement rather than free-range operations.
ALCOHOL MANUFACTURER means the production and sale of alcohol as licensed by the PEI Liquor Control Act, including:
Brew Pub means a small capacity brewery which produces less than 2,000 hectolitres of beer per year and can sell only draft or bulk beer by the glass for consumption in its adjacent, totally segregated, licensed premises and at one other location which is owned and operated by the holder of the brew-pub license.
Ferment on Premises means a building where the equipment for the making of beer or wine on the premises is provided to individuals.
Micro-Brewery means a brewery that produces less than 15,000 hectolitres of beer per year.
ALLOWABLE USE means a use identified as allowable in a zone, including:
Permitted Use means a use which does not require a development permit and is allowable by right, subject to meeting applicable Bylaw requirements.
Discretionary Use means a use which may be allowed only with Council's discretionary approval.
Conditional Use means a use which may be allowed subject to the Development Officer approving a permit with attached conditions on performing the use, which can be revoked by Council for unsatisfactory performance. Some allowable uses may be both conditional and discretionary.
Restricted Use Designation means restricting land use to a single purpose with Council's approval. The underlying or current zoning of the property does not change.
AMENDMENT means a change in the 'text' of Schedules 'A' and 'C' of this bylaw and Schedule 'A' of the Summerside Official Plan 2018, either by deletion, addition, or substitution of words, sentences, paragraphs or sections with new or different language. Amendments may be minor to the extent the changes in language do not alter the intent of original text, but merely clarify or correct the original text. Amendments may be material to the extent that the intent, purpose, or meaning of the original text results in a new intent, purpose or meaning. An amendment to Schedule 'B' is the Zoning Map of this Bylaw and Future Land Use Plan (map) of the Summerside Official Plan 2018.
ANCILLARY RESIDENCE, see dwelling unit.
## ANIMAL CARE FACILITY includes:
Animal Hospital means a building or part thereof where animals are given veterinarian care and which may be used for boarding animals on a short-term basis incidental to the main hospital use, but which may be combined with an animal kennel when both such uses are allowed in the same zone.
Animal Kennel means a building or part thereof used for the commercial breeding, sale, training, or boarding of pets, but not farm animals, and not counting limited commercial breeding of pets as a home based business.
Animal Shelter means a building used for the care of lost, abandoned, neglected or dangerous animals, which may be combined with an animal kennel when both such uses are allowed in the same zone.
APARTMENT BUILDING see dwelling unit.
APPLICANT means any person responsible for completing an application for a development permit and for fulfilling any required preconditions or conditions of permit approval under this Bylaw. In the case of an application for a conditional use, the applicant must also be the property owner of the lot in question.
APPROVED LOT see Lot.
ASSISTED LIVING see Non-market housing.
AUTOMOBILE ESTABLISHMENT includes:
Automobile Body Shop means a building or part thereof used primarily for collision services, body repair, decal application, painting, or undercoating of vehicles, as well as for storage, mechanical repair and servicing of vehicles incidental to the primary use.
Automobile Repair Shop means a building or part thereof used for mechanical repair of vehicles, such as brake, engine, muffler and transmission work, tire and glass replacement, or wheel alignment, but excluding an automobile body shop and not including the sale of fuel and lubrication oils (see automobile service station).
## B
BAKERY means an establishment that produces and sells flour-based food baked in an oven such as bread, cookies, cakes, pastries, and pies. Some bakeries may serve cooked meals for take-out.
BANK or FINANCIAL INSTITUTION means a building or part thereof used for banks, credit unions, or other lending institutions, which may be partly or wholly a drive-through facility, but not counting separate banking machines located in other premises.
BED & BREAKFAST see tourism establishment.
BOARDING HOUSE means a single detached dwelling which may provide up to 3 private rented rooms.
BUILDING means as defined by the Building Codes Act/National Building Code as adopted by the City.
BUILDING AREA means as defined by the Building Codes Act/National Building Code as adopted by the City.
BUILDING CODE means that edition of the National Building Code adopted with or without amendments by Council under the Summerside Building Bylaw CS-31.
BUILDING CODES ACT means the Building Codes Act RSPEI 1988, c B-5.1
Automobile Sales Establishment means a building, or a clearly defined space on a lot used for the sale of 3 or more, new or used vehicles, which may also include an automobile body shop, repair shop, or washing establishment.
Automobile Service Station means a building used for the sale of fuel, lubricating oils and automobile accessories, and may include minor repairing of vehicles, as well as an automobile washing establishment, small food store, or restaurant. An automobile service station may be combined with an automobile repair shop when both are allowed in the same zone. A gas bar for the sale primarily of fuel and lubricating oils is deemed to be a service station for purposes of this Bylaw.
Automobile Storage Facility see storage facility.
Automobile Towing Facility see storage facility.
Automobile Washing Establishment means a building, or a clearly defined space on a lot used for washing vehicles.
BUILDING HEIGHT means the number of storeys contained between the roof and the floor of the first storey at grade, excluding such projections as antennae, chimneys, church spires, clock towers, elevator enclosures, and flagpoles.
BUILDING SUPPLY OUTLET means a building or part thereof used for retailing or wholesaling building or home improvement materials, which may also include fabrication of garden buildings and certain home improvement items (such as kitchen cabinets), but not fabrication of large buildings or their components (such as manufactured homes).
BULK FUEL DEPOT see storage facility.
BULK STORAGE FACILITY see storage facility.
BUSINESS or PROFESSIONAL OFFICE see office.
BYLAW means any bylaw passed by the City of Summerside Council.
## C
CANNABIS PRODUCTION FACILITY means a secure facility used for the cultivation, processing, testing, packaging and shipping of legalized Cannabis products regulated under Federal Government and Province of PEI Cannabis Management Corporation Act, R.S.P.E.I. 1988.
CANNABIS RETAIL STORE means an agency that is permitted to sell cannabis under the PEl Cannabis Management Corporation Act, R.S.P.E.I. 1988.
CAMPGROUND or RV PARK means a parcel of land permitted to be used for temporary accommodation of the travelling public that provides sites for tents, trailers, or motor homes, but does not include industrial, work or construction camps or permanent manufactured home parks.
CARPORT means a building for accommodating a vehicle with at least 40% of its perimeter being open-sided. An 'attached carport' is part of the main building to which its roof is attached, including if attached by a breezeway, whereas a 'detached carport' is an accessory building.
CEMETERY means land that is set apart or used as a place for the interment of deceased within the meaning of the PEI Cemeteries Act.
CHIEF ADMINISTRATION OFFICER means the Chief Administration Officer appointed by City Council.
CHILD CARE CENTRE means an establishment that provides services related to early learning and child care for infants, preschool children, and school-age children; as regulated under the Early Learning and Child Care Act RSPEI 1988, c E-01.
CHILD CARE CENTRE, HOME-BASED means a child care centre for up to eight (8) children that is located within a dwelling unit that is used or occupied as a single housekeeping unit; as regulated under the Early Learning and Child Care Act RSPEI 1988, c E-01.
CITY means the City of Summerside as established by the PEl Municipal Government Act.
CITY ARTERIAL see Street
CITY COLLECTOR see Street.
CITY LOCAL see Street.
CLEAR DAYS means a period of time described by reference to a number of days between two events and excludes the day on which the first event happens and the day on which the second event happens.
COMMERCIAL/RESIDENTIAL BUILDING means a building containing a mix of commercial, institutional, and residential uses where the commercial and/or institutional uses occupy at least 50% of the ground floor at street level.
COMMUNITY CENTRE means a building or part thereof used for community activities of an essentially non-profit nature and controlled by the City, a City appointed board, or a nonprofit organization.
COMMUNITY CARE FACILITY see nursing care facility.
CONSTRUCTION COMPANY means a business enterprise concerned with the construction and maintenance of municipal services, buildings, roadways, bridges and may include landscaping services and snow removal services and may include office space.
Light Construction Company a construction company with equipment related to construction and maintenance of buildings, sidewalks, driveways, landscaping services and may include private property snow removal.
Heavy Construction Company a construction company with equipment related to construction and maintenance of municipal services, buildings, roadways, bridges, etc. and may include public roadway snow removal.
CONVENTION FACILITY means a building containing space for multiple gatherings, either for meeting, exhibition or entertainment purposes. These facilities can be located in a standalone building or part of a multi-purpose community centre or as part of a motel/hotel.
It may also include a restaurant, tavern/bar/ lounge.
CONDITIONAL USE, see allowable use.
CONDOMINIUM, means a building or group of buildings in which each individual unit is held in separate private ownership and all property except for the units are held in common as defined by the Condominium Act R.S.P.E.I. 1988 Cap C-16. A condominium is permitted in any zone with the exception of Conservation or Parkland zones.
CONVENIENCE STORE see food store.
CORRECTIONAL CENTRE means a facility that is used to detain juvenile or adult offenders who are awaiting trial or are serving a sentence after being found guilty of a criminal offense. It may also provide training and support services to help individuals transition from a facility to public life.
COUNCIL means the duly elected Council of the City of Summerside.
CREMATORIUM means a building fitted with the proper equipment for the purposes of the cremation of human or animal remains.
CULTURAL/INTERPRETATIVE CENTRE means a building for the collection, documentation, preservation and may display artefacts that characterize a society, including an archive, museum, gallery, theatre, studio, or community gardens of an artistic, educational, historical, natural heritage or cultural interest.
## D
DAY CARE see Child Care Centre
DEVELOPER means a person, who directly or indirectly, is authorized to apply for approval of a development or subdivision or to enter into an agreement regarding a development or subdivision.
DEVELOPMENT means a City approved permit for any or all of the following:
1. site alteration, including but not limited to:
2. (a) altering the grade of the land;
3. (b) removing vegetation from the land;
4. (c) excavating the land;
5. (d) depositing or stockpiling soil or other material on the land; and
6. (e) establishing a parking lot.
2. locating, placing, erecting, constructing, altering, repairing, removing, relocating, replacing, adding to or demolishing structures or buildings in, under, on or over the land.
3. placing temporary or permanent mobile uses or structures in, under, on or over the land.
4. changing the use or intensity of use of a parcel of land or the use, intensity of use or size of a structure or building.
DEVELOPMENT AGREEMENT means a legally enforceable agreement between a developer and a council, or other third party respecting the terms and conditions to a development approval, permit or amendment under this Bylaw, the Summerside Building Bylaw CS-31, the Summerside Subdivision and Site Development Bylaw SS-19, or the Summerside Heritage Conservation Bylaw SS-20.
DEVELOPMENT OFFICER means any person designated by the Chief Administrative Officer to administer this Bylaw or any part thereof.
DEVELOPMENT PERMIT means an approval for development granted under the authority of this Bylaw by Council or the Development Officer, as applicable.
DEVELOPMENT STANDARD means a technical measure used in a zone, related to a building, lot or land use, such as setbacks, areas, frontage, height, floor area, lot coverage, etc.
DISCRETIONARY USE, see allowable use.
DRAINAGE GREENWAY means a multi-tier drainage channel conveyed to the City which includes a lower channel for normal water flow and an upper channel for overflow, which also allows for a walking path.
DRIVE-THROUGH RESTAURANT, see restaurant.
DRY CLEANER includes:
Dry Cleaner Outlet means any building or part thereof used only for the purposes of receiving and returning fabric and other articles for their processing at another location.
Dry Cleaner Processor means any building used for dry cleaning or dyeing of fabrics and other articles, which may also be used for receiving and returning of those articles.
DUPLEX, see dwelling unit.
DWELLING means a building, or portion thereof, designed, arranged, or intended for residential occupancy.
DWELLING UNIT means a self-contained set of habitable rooms located in a building, which consists of cooking, sleeping and sanitary facilities. A recreation vehicle or travel trailer is not considered residential dwelling units.
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Ancillary Residence means dwelling units within a commercial or institutiona building in which the we fingErs Ca commercial institutional use of the building and may include dwelling units intended to house staff working on-site.
Apartment Building means a building containing more than two dwelling units except a Row House and Town House as defined in this Bylaw.
Duplex means a building that is divided either horizontally or vertically into two dwelling units, with one or both of the units constructed directly on grade, or the other unit constructed directly above the grade-level unit. The units may share common municipal services and the lot shall not be subdivided into individual ownership.
Row House means a building that is divided into three or more vertically adjacent,
## E
EMERGENCY SERVICES FACILITY means a building or part thereof used for a fire, police, or ambulance station.
ENTERTAINMENT FACILITY means a publicly or privately operated building used for entertainment activities, such as an arena, auditorium, bingo hall, or theatre, but excluding an video arcade, exotic entertainment establishment, pool hall, or tavern/bar/lounge.
EXOTIC ENTERTAINMENT ESTABLISHMENT means a business which features topless and/or bottomless dancers or strippers, or which provides services of which a principal feature is the nudity or partial nudity of any person. It is not an allowable use in any zone.
## F
FARM GATE OUTLET means land or a building where produce is harvested and sold by the grower, and is an accessory use to a general or intensive agricultural use, excluding sale of farm products not grown on the premises or any non-farm products, or a plant nursery.
FARMERS/FISHERS MARKET means a building or part thereof, or land used primarily for selling farmers' or fishers' products directly to the general public without any intermediary wholesaling, but excluding a farm gate outlet.
joined dwelling units, separated by a vertical wall with each unit being constructed directly on grade. Row houses do not require individual public utilities for each unit, street frontage and cannot be subdivided.
Semi-Detached Dwelling means a building that is divided vertically into two side-byside dwelling units. Both units are constructed directly on grade and separated from each other by a vertical wall of concrete or masonry firewall. Semi-detached dwellings require individual public utilities and street frontage for each dwelling unit and can be subdivided as per Section 8.15.
Single Detached Dwelling means a building dedicated to one dwelling unit, except where other accessory uses may be allowed.
Town House means a building that is divided into three or more vertically adjacent dwelling units, separated by a vertical concrete or masonry fire-wall, with each unit being constructed directly on grade. Town houses require individual public utilities and street frontage for each dwelling unit and can be further subdivided as per Section 8.15.
FENCE means a structure that defines or encloses an area, typically outdoors, and is usually constructed by a combination of posts, boards, wire, rails or netting and includes:
Agricultural Fence is a fence designed in such a manner to retain livestock.
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Industrial Fence is a fence constructed of chain link fencing or similar materials. Main purpose is to provide safety or security of an area.
Ornamental Fence is a fence designed in such a manner, and of such material, that the main purpose is to decorate or enhance the appearance of the property. This may include a corner fence, trellis, or landscape panel.
Privacy Fence is a fence designed to enclose an area to limit viewing from neighboring properties or public right-of-ways.
Partition Fence is a fence that is located between abutting properties, intended to establish a property boundary.
Transparent Fence is a fence designed to enclose an area but allow viewing from neighboring properties or public right-of-ways.
FITNESS CENTRE means a building intended for physical fitness, which may include, game courts, exercise equipment, locker rooms, fitness classes, or hot tub or sauna.
FLEA MARKET means a building or part thereof, or land used for a continuing, periodic or occasional market where participants purchase, sell, or exchange goods, but excluding scrap materials such as metals, tires and vehicles (see salvage yard), and not counting occasional flea markets in a shopping centre.
FLOOR AREA means the area provided on each of one or more levels, including a finished basement and measured from the outside walls of the building; but excluding any enclosed parking.
FLOOR AREA RATIO means the proportional result obtained from dividing the floor area of all main buildings on a lot by the area of the entire lot.
## FOOD STORE means:
Convenience Store means a building or part thereof with 150 m' (1, 615 sq ft) or less floor area, for carrying a limited range of food items and other consumer convenience goods, or a specialty food store. A take-out restaurant may be permitted as an accessory use to the convenience store.
Grocery Store means a building or part thereof with more than 150 m2 (1, 615 sq ft) floor area, for carrying an extended range of food items, and may also include house ware, clothing and a pharmacy. A restaurant may be permitted as an accessory use to the grocery store.
FORESTRY means use of land for the growing, conservation, or harvesting of trees, but shall not include the processing or manufacturing of wood products.
FUNERAL HOME means a building designed for the purpose of furnishing supplies, funerals, viewing and related services to the public and includes facilities intended for the preparation of the deceased human body for internment and does not include a crematorium, unless allowed by Restricted Use approval.
## G
GAMING ESTABLISHMENT means premises used primarily for the purpose of operating or wagering on games of chance, except on a temporary basis for charitable purposes under applicable Provincial legislation. It may also include a restaurant, tavern/bar/lounge.
GARAGE means a totally enclosed building for accommodating a vehicle, including:
Attached garage is part of the main building to which its roof, walls and foundation is attached to the main building.
Detached garage means an accessory building.
GARDEN SUITE see accessory dwelling unit.
GENERAL AGRICULTURAL USE, see agricultural use.
GOVERNMENT OFFICE, see office.
GRADE means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions need not be considered in the determination of average levels of finished ground. Localized depressions that need not be considered in the determination of the elevation of grade include such features as vehicles and pedestrian entrances and other minor depressions that do not affect accessibility for firefighting or evacuation
GROUP HOME see Non-Market Housing
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HEAVY INDUSTRY, see industrial.
HOSPITAL means a building or premises used as a community or provincial hospital as approved under the Province of Prince Edward Island's Hospitals Act RSPEI 1988 c H-10.1, as amended for the care or treatment of persons afflicted with or suffering from sickness, disease, or injury; convalescent or chronically ill persons; persons suffering from substance addictions; or persons suffering from emotional, psychological or mental disorders.
HOME BASED BUSINESS means a business or service use located in a dwelling unit that is used or occupied as a single housekeeping unit or, when allowed, in its accessory building, subject to specific limitations in this Bylaw.
HOUSEHOLD means an individual or a group of individuals living in a dwelling unit.
HERITAGE PLANNING BOARD means the Heritage Planning Board (HPB) as defined by the Summerside Heritage Conservation Bylaw CS-37.
INDUSTRIAL means:
Light Industrial means use of land or buildings for fabrication, manufacturing, assembly, treatment or warehousing of goods, but does not include industrial processing or other process which may result in the creation of hazardous or offensive conditions related to noise, odour, smoke or effluent.
Food Processor means a building used for the processing of products from raw materials into food, dairy or bakery products and may include storage facilities and wholesaling, but shall not be an obnoxious use.
Heavy Industrial means a building or land used for the processing of products predominantly derived from extracted or raw materials, such as feed, fertilizer, asphalt and gravel plants, potato| processors, including industries which for application purposes under this Bylaw may be considered an obnoxious use.
INN see tourism Establishment
INSTITUTIONAL USE means a building or land by an incorporated body or society for promoting a particular purpose or for providing a service, including but not limited to nospitals, schools, nursing care facilities, community centres, government buildings, anc private not-for-profit clubs.
INTENSIVE AGRICULTURAL USE, see agricultural use.
J
L
LAND USE see allowable use
LICENSED means a premise that is licensed, to serve alcohol, by the P.E.I. Liquor Control Commission under the PEl Liquor Control Act.
LIGHT INDUSTRIAL, see industrial.
LIQUOR STORE means an agency that is permitted to sell liquor under the PEI Liquor Control Act.
LOT means any parcel of land shown on a registered plan of subdivision, or described in a deed or other document legally capable of conveying an interest in land approved under the Summerside Subdivision Bylaw SS-19 or previous development control bylaws adopted by the City. Types of lots include:
Interior Lot means a lot which fronts on one street.
Corner Lot means a lot which fronts, or is intended to front on two connecting streets.
Through Lot means a lot which is not a corner lot that fronts on more than one street.
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Flag Lot means a lot of which the 'larger part' is located behind another lots) that fronts onto a street, but also includes a 'smaller part' with its own street frontage.
Manufactured Home Lot means a subdivided lot designed to accommodate a manufactured home in a manufactured home park.
LOT LINE means a boundary of a lot, including:
Front Lot Line generally means the lot line abutting a street, but:
1. in the case of a corner lot or through lot, means the lot abutting the street providing vehicle access to the property. In hardship or other special circumstances, the Development Officer may determine the front lot line as the other street frontage, if it eliminates or reduces variances.
2. in the case of a semi-detached building, means the lot line abutting the street providing primary access to the property. On a corner lot, each unit may abut different streets, and the lot lines are determined from the primary street access.
Figure 2.3 Lot Lines
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Rear Lot Line means the lot line opposite the front lot line, in the case of a lot with more than 4 lot lines, it will be the furthest lot line from the front lot line. In the case of a triangular lot with 3 lot lines, there shall be deemed to be no rear lot line. In the case of a semi-detached dwelling, it means the lot line opposite the front lot line and may have a zero lot line in the case of a corner lot.
Flankage Lot Line means the lot line of a corner lot abutting a street which is not the front lot line.
Side Lot Line means any lot line other than the front, rear or flanking lot lines.
Zero Lot Line means that a wall of a building is located on a lot line.
In the case of a corner lot, which is intended to be occupied by a semi-detached building with front lot lines on different streets, a zero lot line is allowed on the common wall between the two units.
LOT AREA means the total horizontal area within all lot lines.
LOT COVERAGE means the percentage of the lot area covered by a building as measured at the outside of its main walls.
LOT DEPTH means the horizontal distance between front and rear lot lines. Where these lines are not parallel, it means the horizontal distance between the mid-point of the front lot line to the mid-point of the rear lot line or, in the case of triangular lot, to the apex of the angle formed by the intersection of the side lot lines.
LOT WIDTH means the horizontal distance between side and/or flankage lot lines within the front yard. Where the side and flankage lot lines aren't parallel to each other, the Development Officer will determine the front lot line, in any case, the frontage will be a minimum of 8 m (26.2 ft).
Flag Lot Width In the case of a flag lot the lot width shall be measured along the width of its 'larger part' closest to the street from which it is accessed.
Figure 2.4 Flag Lot Width
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## M
MAIN BUILDING means a building, or group of buildings where allowed under this Bylaw, for accommodating the main use on a lot.
MAIN USE normally means the use for which the zone has been created.
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 wheel chair ramps.
MANUFACTURED HOME means a single or multiple section dwelling constructed in a factory, transported to a site for installation, and ready for occupancy on completion of set-up in accordance with the manufacturer's instructions. A manufactured building is a mobile home or a mini home but does not include travel trailers, recreational vehicles, or campers.
Mini Home is a manufactured home built to Canadian Standards Association Z-240. Mini homes are typically designed to be placed on a concrete blocking or concrete pylons.
Mobile Home is a manufactured home built to Canadian Standards Association Z-240. Mobile homes are typically designed with a steel chassis to be placed on a concrete blocking or concrete pylons. Mobile homes are not to exceed twenty (20) years of age at the time of building permit application.
Cul-De-Sac in the case of a cul-de-sac the lot width shall be measured as the horizontal distance between the side and/or flankage lot lines. See figure 2.5.
Figure 2.5 Cul-de-sac Lot Width
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MANUFACTURED HOME PARK means a site on which a number of manufactured home spaces are provided, and which may include other directly related uses.
MANUFACTURED HOME SPACE means an unsubdivided lot allocated for accommodating a manufactured home in a manufactured home park.
MODULAR BUILDING means a permanent building that is wholly or in part constructed of modules. A modular building does not include a mobile home or a mini home. A modular building may be used for residential, commercial, institutional, storage and industrial purposes.
MARINA means a building or a clearly defined space on a lot associated with the nearby docking of boats, including for use of boat sales, rentals, storage, and servicing.
MAYOR means the Mayor of the City of Summerside.
MEDICAL OFFICE see office.
MEETING FACILITY means space reserved for accommodating groups for community or private functions.
MIXED USE means the use of land or building with a range of uses that can be mixed horizontally and vertically, including commercial and residential.
MUSEUM see cultural centre/ interpretative centre.
## N
NON-COMPLYING means a building erected prior to the adoption of this Bylaw which does not comply with the development standards of the zone in which it is situated, and may include a building for which a valid development permit had been issued prior to the adoption of this Bylaw.
NON-CONFORMING USE means the use of a building or land which was already established prior to the adoption of this Bylaw but which does not conform to the permitted uses in the zone in which it is situated.
## NON-MARKET HOUSING
Supportive Housing means a building that provides permanent supervised living accommodation for persons who face barriers to independent living and require ongoing supports. It does not include Nursing Care Facility.
Emergency Shelter means a building or part thereof that provides short-term accommodations for people experiencing housing loss. The shelters may include other services such as food, clothing, or counselling.
Transitional Housing means a building that provides temporary accommodation, supervision, and/or personal care to its residents. Typically, a bridge between emergency and permanent housing. There may be a staff person on-site. It does not include Nursing Care Facility.
## NURSING CARE FACILITY means:
Community Care Facility means an establishment licensed by the Province of Prince Edward Island under the Community Care Facilities and Nursing Homes Act, R.S.P.E.I. 1988, Cap. C-1, and which is not a public hospital. A community care facility provides services for compensation and generally includes housekeeping, assistance, no cooking in rooms, and meals provided in a cafeteria style room. It may be may be combined with a nursing home facility.
Nursing Home Facility means an establishment licensed by the Province of Prince Edward Island under the Community Care Facilities and Nursing Homes Act, R.S.P.E.I. 1988, Cap. C-1, and which is not a public hospital. A nursing home facility provides residential care, nursing care to individuals incapacitated for medical reasons. A nursing home facility may be combined with a community care facility.
OBNOXIOUS USE means any use of a building or land which, because of its nature, may potentially:
- create a serious nuisance;
- be offensive by reason of creating noise or vibration, or by emitting gas, fumes, dust, oil or objectionable odour, or by the unsightly storage of goods, salvage, refuse matter, waste or other materials; or
- constitutes a significant environmental hazard to public health or to the natural environment.
OFFICE means a building or part thereof, including:
Business or Professional office means a building or part thereof used for transacting business, or for providing professional services to clients, such as by accountants, architects, engineers, insurance agents, financial advisers, lawyers, and realtors, but shall not include retail selling of any products on the premises and does not include a medical office.
Government Office means a building or part thereof used for providing services to the public such as administration, consultation, or business transactions. It may include Federal, Provincial or Municipal government buildings such as City Hall and local community centres.
Medical Office means a building or part thereof used by qualified medical practitioners for the provision of medical and health care for outpatients, such as by chiropractors, acupuncture, massage, medical doctors, dentists, optometrists, nutritionist, physio, and paramedical services, naturopaths, but excluding veterinarians.
OFFICIAL PLAN means the City of Summerside Official Plan 2018 and all amendments as approved by Council.
OFFICIAL PLAN AMENDMENT, see amendment.
OFFICIAL PLAN POLICY means a Council policy in the Official Plan, including policies in the text (Schedule 'A') and designation of land use in the future land use plan- FLUP (Schedule 'B') of the Official Plan. Amendments can be to the text and future land use plan in accordance with the PEI Planning Act.
OUTDOOR STORAGE AREA, see storage facility.
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PARK means an area open for extended periods to the general public for active or passive recreational purposes, including:
Private Park means a park owned by a private person or entity.
Public Park means a park owned by the City of Summerside, or by any other authority established by City bylaw or Provincial Act, or other public lands reserved for park purposes.
PARKING SPACE means an area of land which is suitable for the parking of a vehicle.
PARKING AREA means any site set aside on a lot with parking spaces which forms the accessory use of the lot.
Parking Area [Indoor] means any site set aside intended for use in the interior of a building and the area may be completely enclosed. An indoor parking area may be underground, or at grade.
PARKING LOT means any site set aside on a lot with parking spaces which form the main use of the lot.
Parking Lot [Indoor] A parking lot situated or intended for use in the interior of a building and the area may be completely enclosed. An indoor parking lot may be underground, at grade or within a multi-story parkade style building.
Bicycle Parking means a bicycle stall located in an unsecured or uncontrolled area, intended for short-term parking needs.
PERMITTED USE, see allowable use.
PERSON means an individual, association, corporation, contractor, commission, public utility, firm, partnership, or organization of any kind, including both principal and agent in an agency situation.
PERSONAL SERVICE SHOP means a building or part thereof in which personal services are provided, such as a barber shop, beauty shop, dress-maker, shoe repair shop, or tailor, but not a dry cleaning outlet.
PLACE OF WORSHIP means a church, temple, synagogue, or other place for performing religious ceremonies of any religious organization, and may include accessory uses such as administration office, convent, large daycare, hall, monastery, religious school, parsonage, or rectory.
PLANNING ACT means the PEI Planning Act, R.S.P.E.I. 1988, Cap. P-8.
PLANNING BOARD means the Committee of Council performing the roles and responsibilities of a 'Planning Board' defined in the PEI Planning Act.
PLANT NURSERY means a building or land used for the growing of young trees and/ or other plants which are 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
POOL HALL means a building or part thereof which provides for the game of pool or billiards and which may also include a video arcade.
PRIVATE CLUB means a building used as an establishment which: (a) has a clearly defined basis of membership and reason for existence other than a licensed establishment; (b) is nonproprietary and is not operated for personal gain or personal profit of any member, officer or shareholder thereof; and (c) may have regular hours of operation.
PROPERTY OWNER means for purposes of sending notices under this Bylaw, the person listed as the owner of a property in the latest Assessment Role made available to the City as compiled by the Provincial Treasurer under the Real Property Assessment Act, R.S.P.E.I. 1988, Cap. R-4.
PROVINCE means Province of Prince Edward Island.
PROVINCIAL ARTERIAL see Street
PUBLIC UTILITIES means an organization supplying the City with electricity, storm drainage, water or sewerage services or other telecommunication services.
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R
READING means a City of Summerside Council resolution/amendment to this bylaw and in accordance with the PEl Planning Act.
RECREATION FACILITY means a building or part thereof, or land used for sports and leisure activities, such as a bowling alley, ice surface, arena, fitness gym, or swimming pool and may include a restaurant and/or meeting space and hotel.
RECYCLING FACILITY means the use of land and buildings as a collection facility and distribution point for materials regulated under the PEI Environmental Protection Act, but specifically excludes tires. All materials must be collected and stored within a building. A recycling facility does not include processing, except packaging for shipping, and does not include outdoor storage or a salvage yard.
RESTAURANT means a building or part thereof where food and beverage is served to the public, including:
Dining Room is a restaurant where seating and/or tables are provided and the product is consumed on site. Take out service may be permitted as an accessory use to the dining room.
Drive Through is a restaurant where a customer can be served while remaining in their vehicle and the product is consumed somewhere other than in the restaurant.
Take Out is a restaurant where no seating and/or tables are provided and the product is wholly consumed off-site.
RESTRICTED USE, see allowable use.
RETAIL STORE means a building in which merchandise is offered for sale to the consumer, including:
Small Retail Store with 230 m2 (2, 475 ft2) or less floor area.
Large Retail Store with more than 230 m' (2, 475 ft2) floor area.
ROW HOUSE, see dwelling unit.
ROOMING HOUSE means a building that provides more than 3 private rented rooms, with shared common areas.
## S
SALVAGE YARD means a building or land used for the storage, handling, processing, or sale of scrap materials, such as metals, tires, and vehicles.
SCHEDULE in this Bylaw means Schedules: "A" (text); "B" (Zoning map) "C" (Regulations).
SCHOOL means a school premises where a structured learning environment through which an education program is offered to a student by an education authority, and is regulated under P.E.I's Education Act RSPEI 1988, c E-.02.
SCHOOL, POST-SECONDARY means a school premises used for a technical school, a vocational school, college or university, and includes a dance or music studio, an art school, golf school, business or trade school and any other specialized school conducted for gain, but does not include a truck driving school.
SCHOOL PREMISES means a building or property under the management or operation of an education authority or operator that is used in whole or in part for the instruction of students and may include supportive facilities or amenities such as residential buildings, a cafeteria, or a library.
SCHOOL, TRUCK DRIVING means a school premises provincially licensed under the Private Training Schools Act RSPEI 1988, c P-20.2, for the purpose of providing instruction and/or training programs for commercial truck drivers.
SEASONAL GARDEN CENTRE means a seasonal structure for the growing, storage and/or sale of garden, household, and ornamental plants and trees, and includes supplementary retail sale of fertilizers, garden chemicals, garden implements, and associated products. This use is accessory to a main commercial building.
SECONDARY SUITE see accessory dwelling unit.
SECONDARY PLAN means a secondary plan to the Summerside Official Plan 2018 prepared in detail taking into consideration the physical, social and economic benefits for a specific area and outlining a development plan to achieve the long-term objectives and policies for this area. This plan should guide all future types of development and outline any anticipated expenditures of the City of Summerside for the area.
SEMI-DETACHED see dwelling unit.
SERVICE ROAD means a subsidiary road from a street for providing general traffic circulation within a lot, typically to a parking lot or area, loading space, or mobile home space, but not counting a private driveway directly accessing a dwelling from a street.
SERVICE CENTRE means a building used for the repair, as well as possible sale of household articles, appliances, and/or of electronic equipment, but does not include an industry, automobile body or repair shop, or retail store.
SETBACK means the minimum, horizontal separation distance between two objects as identified in this Bylaw, such as a main building, street R.O.W., watercourse, or zone boundary.
SHOPPING CENTRE means a main building or group of related main buildings containing a variety of commercial uses including but not exclusively automobile service stations, bank or financial institutions, commercial/residential building, fitness centres, restaurants, or retail stores, typically planned, developed, owned and managed as a unit and having shared parking.
SINGLE DETACHED DWELLING, see dwelling unit.
SITE TRIANGLE means a triangular area at an intersection, formed by two streets or a street and a driveway, which must be kept clear of obstructions such as fencing and hedges so that persons in one street or driveway can see cars approaching on the other.
SOCIAL SERVICES AGENCY means use of a building sponsored by a government or a nonprofit organization for providing neighbourhood counselling and training support services to individuals and households, such as addiction services, support for persons with mental disabilities, support for single parents and their children, or crisis intervention, and which may also include occasional overnight accommodation for individual clients needing care,
but excluding an apartment and not counting use of part of an institutional facility for any such support services.
SOLAR ENERGY COLLECTOR SYSTEM means devices designed to collect, store and distribute solar energy collector system.
SPECIAL USE means the special use zone of this bylaw and use of land, or building which because of its particular nature, cannot be easily accommodated within another zone.
STAFF means employees of the City of Summerside.
## STORAGE FACILITY means:
Automobile Storage Facility means a building or land where vehicles, including seasonal vehicles such as RV's, boats, snow mobiles, are temporarily stored for the off-season and is not a garage.
Automobile Towing Facility means a building or lands where vehicles that have been towed, damaged or impounded are stored in an enclosed fenced area for up to 90 days, but is not a salvage yard.
Bulk Fuel Depot means a building used for storage, distribution and wholesaling of fuel and oils, but shall not include retail sales.
Bulk Storage Facility means a building or land used for the storage and distribution of pipes, gravel, sand, salt, fertilizers, grain, wood and wood products but not including building supply outlets.
Outdoor Storage Area means a site set aside on a lot for the outdoor storage of equipment, goods, materials, vehicles and other items, which forms either the main or accessory use of the lot, but excluding an automobile sales establishment, bulk storage facility and building supply outlet.
Self-Storage means a building that is open to the public for the sole purpose of providing individual self-service storage units.
Warehouse means a building used primarily for the storage and distribution of goods and materials, excluding a building supply outlet.
STOREY as defined by the National Building Code, means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it.
STREETSCAPE means the overall visual appearance of the street including its subcomponents such as street r-o-w, sidewalks, landscaping, as well as the facades and established setback of the adjacent buildings that forms the streets character.
STREET FRONTAGE means that part of a lot that abuts an improved street/street R.O.W.
STREET WALL means the boundary of street, formed by buildings, hedges, etc.
STREET/STREET R.O.W. both mean the rights-of-ways of highways or roads vested in the City or the Province for the passage of persons and vehicles and which may contain roadways, services and other utility infrastructure.
City Arterial means Water Street East, South Drive/Water Street (from South Drive to Queen Street), North Drive (from West Drive to Hwy #2) and Heather Moyse Drive.
City Collector means Water Street (Downtown), Bayview Drive, Pope Road, Ryan Street, Notre Dame Street, Harvard Street, Central Street, Granville Street, MacEwen Road and Walker Avenue.
City Local means all other streets are considered local streets.
Provincial Arterial means Provincial Highways No. #1A and #2 within, or abutting the City boundaries.
STRUCTURE means anything that is constructed or erected that is not a building, such as a fence, sign, wind turbine, solar energy collector system and communication tower.
SUBDIVISION means the division, consolidation, or other reconfiguration of a lot.
SUMMERSIDE BUILDING BYLAW means the City of Summerside Building Bylaw CS-31.
SUMMERSIDE HERITAGE CONSERVATION BYLAW means the City of Summerside Heritage Conservation Bylaw CS-37.
SUMMERSIDE SUBDIVISION & SITE DEVELOPMENT BYLAW means the City of Summerside Subdivision and Site Development Bylaw SS-19.
SWIMMING POOL/SPA/HOT TUB means a water filled enclosure used for the purposes of swimming or wading and having a depth greater than 0.61 metres (24 inches).
## T
TAVERN/BAR/LOUNGE means a building where the main use is the sale of alcohol licensed under the PEI Liquor Act. It may also provide accessory live entertainment and dancing.
TOURISM ESTABLISHMENT includes a Bed & Breakfast, Inn, Motel/Hotel, Tourist Home and Vacation Rental Property means an establishment that is used as an accommodation of paying guests for a continuous period of less than one month and in which breakfast and meals may also be served to those guests, as licensed for such use by the Province under the Tourism Industry Act, R.S.P.E.I. 1998 Cap.T-33. A tourism establishment includes:
Bed & Breakfast means a single detached dwelling offering individual overnight sleeping units or suites (3 maximum) where breakfast may be provided by the proprietor. Commercial cooking equipment is not permitted.
Inn means a building offering individual overnight sleeping units or suites (in excess of 3), where meals may be provided by the proprietor.
Motel/ Hotel means a building with rooms for accommodating travelers. A motel/ hotel may also include a restaurant, tavern/bar/lounge, meeting or convention facilities.
Tourist Home means a single detached dwelling offering individual overnight sleeping units or suites (in excess of 3) where meals may be provided by the proprietor. Commercial cooking equipment is not permitted.
Vacation Rental Property means a dwelling unit offering overnight stays less than one-month.
TRUCKING DEPOT means a building or land used for the transhipment of goods between commercial vehicles and/or the fuelling and maintenance, servicing, or storage of commercial vehicles.
TOWNHOUSE see dwelling unit.
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U-STORAGE, see storage facility.
UTILITY FACILITY means any publicly or privately operated building or structure used for the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals, but not counting accessory utility buildings or structures that are specifically designed to serve the immediate surrounding area.
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VACATION RENTAL PROPERTY see Tourism Establishment
VARIANCE means partial relief of up to 50% from the development standards as regulated in Section 7 of this Bylaw. It cannot be used to create a land use or to eliminate development standards.
VEGETATION means a living ground cover, but not limited to plants, grass, hedges, shrubs or trees.
VEHICLE means a motorized conveyance or such piece of equipment which is normally licensed by the Province for road use.
VIDEO ARCADE means a building or part thereof in which three or more amusement games are operated by depositing coins or tokens.
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WAREHOUSE see storage facility.
WATER COURSE means a watercourse as defined in the PEI Environmental Protection Act Watercourse and Wetland Protection Regulations.
WIND ENERGY CONSERVATION SYSTEM means a structure in accordance with the City of Summerside Wind Energy Conservation System Regulations, as contained in Schedule C of this Bylaw.
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YARD means part of the lot that is not occupied by the main building and includes:
Front Yard means a yard extending fully across a lot between the front lot line and the nearest point of the main wall of any main building on the lot. The 'minimum front yard' is measured at the minimum yard depth as required under this Bylaw.
Rear Yard means a yard extending fully across a lot between the rear lot line and the nearest point of the main wall of any main building on the lot. The 'minimum rear yard' is measured at the minimum yard depth as required under this Bylaw.
Figure 2.6 Yard Diagram 1
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Side Yard means a yard extending between the front and rear yards and between a side lot line and the nearest point of the main wall of any main building on the lot. The 'minimum side yard' is measured at the minimum yard depth as required under this Bylaw.
Flankage Yard means the side yard of a corner lot where the driveway is located.
Figure 2.7 Yard Diagram 2
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Z
ZONE means a designated area of land on the zoning map Schedule B of this Bylaw.
ZONING BYLAW means the City of Summerside Zoning Bylaw CS-40 as amended.
ZONING BYLAW AMENDMENT see amendment.
## Section 3 Zoning Map - Schedule 'B'
## 3.1 Zoning Map
The zoning of all lands within the City is shown on the attached Schedule 'B, which forms part of this Bylaw and may be referred to as the 'City of Summerside Zoning Map!
## 3.2 Zones
For purposes of this Bylaw the City of Summerside is divided into the following zones, the boundaries of which are shown on the zoning map. Each zone may be referred to by its particular symbol and color.
| Zones | Symbol |
|---------------------------------------|----------|
| Residential Zones | |
| Low Density Residential | R1 |
| Low Density Mixed Residential | R2 |
| Medium Density Residential | R3 |
| Medium Density Narrow Lot Residential | R3r |
| High Density Residential | R4 |
| Manufactured Home Park | R5 |
| Comprehensive Development Area | CDA |
| Commercial Zones | |
| Downtown | D |
| Service Commercial | C2 |
| Neighbourhood Commercial | C3 |
| Industrial Zones | |
| Light Industrial | M1 |
| Heavy Industrial | M2 |
| Institutional Zone | |
| Parkland Zone | P |
| Special Use Zone | SU |
| Agricultural Zone | A |
| Conservation Zone | CO |
## Section 4 Interpretation
## 4.1 Zoning Boundaries
Boundaries between zones on the zoning map shall be determined as follows:
- a. Where a zone boundary is indicated as following a street, the boundary shall be the centre line of such street.
- b. Where a zone boundary is indicated as following a lot line, the boundary shall be such lot line.
- c. Where a zone boundary is indicated as following the limits of the City of Summerside, the boundary shall be such limits.
- d. Where a zone boundary is indicated as following the shoreline of the ocean or harbour, the boundary shall be the high water mark.
- e. Where none of the above provisions apply, the zone boundary shall be scaled from the zoning map.
## 4.2 Use of Headings
The headings of parts, sections, subsections, and tables of this Bylaw have been inserted for convenient reference and in no way define, limit or enlarge the scope of any provisions of the Bylaw.
## 4.3 Development Standards and Standards of Measurement
All development standards and standards of measurement are minimum standards, unless specifically identified otherwise. The metric system is used throughout this Bylaw and in all cases represents the required standard. Imperial measurements are approximate and for convenience only.
## Section 5 Administration
## 5.1 Bylaw Administration
This Bylaw shall be administered by the Development Officer for the City of Summerside.
## 5.2 Application for Development Approval
- a. All development permits approved by the City shall conform with this Bylaw.
- b. Application shall be made for the following:
- i. official plan amendment;
- ili. zoning bylaw amendment;
- ii. secondary plan amendment;
- iv. discretionary use;
- vi. variance;
- V. conditional use;
- vii. restricted use;
- c. Each application shall be completed when:
- i. submitted in a format required by the City;
- ii. signed and dated by the applicant;
- ili. also signed by the property owner if they are not the applicant, duly authorizing the applicant to act as their agent (applications for conditional use permits have to be made by the property owner);
- iv. accompanied with all payable fees as required under this Bylaw, and
- V. accompanied with all supporting information and documentation as required under this Bylaw.
## 5.3 Fees
All applications under this Bylaw are subject to payment of fees as laid out in Schedule 'C' Regulations which forms part of this Bylaw and may be amended by simple resolution of Council. The Development Officer may assess a higher fee in cases where development has proceeded before issuance of the permit for the amounts also laid out in Schedule 'C' Regulations.
## 5.4 No Exemption from Requirements
Every development shall be subject to the requirements of this Bylaw, whether or not development approval is required.
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## 5.5 City as Initiator
The City may initiate an official plan or zoning amendment for any lands, but all in accordance with this Bylaw.
## 5.6 Compliance with Other Regulations
Nothing in this Bylaw shall exempt any person from complying with the requirements of other City Bylaws or regulations and Provincial Acts or regulations as applicable. Where requirements of this Bylaw may conflict with any other requirements, the more stringent requirements shall prevail.
## 5.7 Review of Amendments
Council, Planning Board and the Development Officer shall consider the following general criteria when reviewing applications, as applicable:
1. Conformity with all requirements of this Bylaw.
2. Conformity with the Official Plan (2018) and any approved Secondary Plans.
3. Suitability of the site for the proposed development.
4. Compatibility of the proposed development with surrounding land uses, including both existing and projected uses.
5. Any comments from residents or other interested persons.
6. Adequacy of existing water, sewer, road, storm water and electrical services, city parking and parklands for accommodating the development, and any projected infrastructure requirements.
7. Impacts from the development on pedestrian/vehicular access and safety, and on public safety generally.
8. Compatibility of the development with environmental, scenic and heritage resources.
9. Impacts on City finances and budgets.
10. Other matters as specified in this Bylaw, as well as other applicable City policies and bylaws.
11. Other matters as considered relevant.
## 5.8 Time Limitation of Applications
- a. A development application which is not completed within 24 months of the original submission in accordance with section 5.2 (c) shall be considered null and void.
- b. A development application shall be considered with respect to the provisions of this Bylaw existing at the date the application is completed in accordance with section 5.2 (c), regardless of any subsequent amendments to the Bylaw.
- c. Should a development application be denied, a similar application shall not be considered within 12 months of the initial application being denied, except when the Development Officer considers it justified because of valid new evidence or a change in conditions, or as the result of an appeal or review procedure allowed under this Bylaw.
## 5.9 Official Plan (OP), Secondary Plans (SP) and Zoning Bylaw (ZBL) Amendments
- a. A change to either the text or the zoning map of this Bylaw shall be considered a zoning amendment and shall be consistent with Official Plan and Secondary Plan policies.
- b. Council may amend its official plan to enable a zoning amendment including policy statements in Schedule 'A' (text) and/ or the future land use plan (FLUP) in Schedule 'B', but any such official plan amendment shall precede the zoning amendment.
- c. Council may amend any secondary plan in conjunction with an official plan and/ or zoning bylaw amendment in accordance with Section 5.9 (b).
- d. The Development Officer may require additional supporting information from applicants necessary for the City to adequately review their proposed zoning or official plan amendments against the general criteria listed in section 5.7, such as:
- i. general development concept showing proposed land uses, any subdivisions, buildings, means of servicing, traffic access and parking;
- ii. substantiation of marketing and financial feasibility; and
- ili. assessment of any potentially significant development impacts on City infrastructure and the natural environment.
## 5.10 Procedures for Official Plan, Secondary Plan, Zoning, Discretionary Uses, and Restricted Uses
Council may approve or deny applications for an official plan amendment, secondary plan amendment, zoning amendment, discretionary use and restricted use, subject to the following procedures:
- a. Council shall call a public meeting to provide residents and other interested persons the opportunity of making representations on the application. A minimum of 7 clear days prior to the public meeting, the Development Officer shall post the date, time and place of the public meeting, together with the general terms of the application, by:
- i. Zoning bylaw amendments, discretionary and restricted use applications shall require a minimum of one public notice in a local newspaper.
- ii. Amendments to the Official Plan and/ or Secondary Plan shall require a minimum of two public notices in a local newspaper; and
- ili. Written notice in all applications shall be mailed to all property owners within 100 m (328 ft) of the boundaries of the subject property.
- b. Applications for zoning amendments shall accord with the following procedures:
- i. Council holds a public meeting and by resolution provides first reading approval of the amendments);
- ii. Staff report is prepared to Planning Board;
- iii. Planning Board makes recommendations to Council;
- iv. At a separate Council meeting held on a different day, second reading approval of the amendments) and a resolution to pass the amendment(s); and
- V. If passed, zoning amendments go to the Minister responsible for the PEI Planning Act for final approval.
- c. Applications for official plan and secondary plan amendments shall accord with the following procedures:
- i. Council holds a public meeting;
- ii. Staff report is prepared to Planning Board;
- iii. Planning Board makes recommendations to Council;
- iv. At a separate Council meeting held on a different day, a resolution to pass the amendment(s); and
- vi. If passed, official plan and secondary plan amendments go to the Minister responsible for the PEI Planning Act for final approval.
- d. Applications for discretionary and restricted use approvals shall accord with the following procedures:
- i. Council holds a public meeting;
3. Staff report is prepared to Planning Board;
- iv. At a separate Council meeting held on a different day, a resolution to approve the proposed use is passed.
- ili. Planning Board makes recommendations to Council;
- e. Related official plan, secondary plan and zoning amendments may be considered concurrently by Council, provided that applications for the amendments are posted on the same public and written notices, and that the official plan and/or secondary plan amendment precedes the zoning amendment in accordance with section 5.9 (b).
## 5.11 Official Plan, Secondary Plan and Zoning Boundary Revisions
- a. Provided that there is no inconsistency with Official Plan and/or Secondary Plan policies, the Development Officer may make technical revisions to the zoning map and/or the future land use plan map (FLUP) for purposes of:
- i. approving 'minor subdivisions' for lot consolidations as defined by the Summerside Subdivision & Site Development Bylaw SS-19;
- ii. reflecting detailed topographical or legal conditions.
- b. The Development Officer shall advise Council of all technical revisions made and, at his/her discretion, may refer a proposed technical revision to Council to determine its consistency with Official Plan and/or Secondary Plan policies.
## 5.12 Discretionary Use Approval
Council may approve or deny discretionary use approval to allow certain uses as identified in this Bylaw. Council approval shall lapse for a discretionary use which has not been commenced within 24 months of approval being granted, or which has been discontinued for more than 24 consecutive months. The onus of proof that a discretionary use has been commenced or not discontinued shall rest with the property owner.
## 5.13 Restricted Use Approval
Council may approve or deny restricted use approval to allow certain uses in this bylaw in accordance with the standards in Section 8.5. Council approval shall lapse for a restricted use which has not been commenced within 24 months of approval being granted, or which has been discontinued for more than 24 consecutive months. The onus of proof that a restricted use has been commenced or not discontinued shall rest with the property owner.
## 5.14 Conditional Use Approval
- a. The Development Officer may approve or deny an application by a property owner for a five-year conditional use permit to allow certain uses identified in this Bylaw, subject to attached conditions. In reviewing the application, the Development Officer shall consider all applicable conditional use standards in Section 9.
- b. The Development Officer may approve or deny an application to renew, reassign or amend any existing conditional use permit, taking into consideration any complaints raised by neighbours during the previous tenure of the permit.
- c. An applicant, who is denied a conditional use permit by the Development Officer, either in respect of a new permit for a home based business, or renewal, reassignment or amendment of any existing permit, may request in writing within 21 days of the decision for their application to be reviewed by Council. Council, after hearing the recommendation of the Planning Board, may approve or deny the permit.
- d. For certain uses in particular zones identified in this Bylaw, issuance of a conditional use permit must be preceded by Council's discretionary use approval for the proposed use in question. Council approval does not guarantee subsequent issuance of the permit.
- e. Application for a conditional use permit must be made by the property owner.
- f. Council, after hearing the recommendation of the Planning Board, may revoke a conditional use permit for violation of any condition attached to the permit.
## 5.15 Development Agreement
- a. Council may require a property owner to enter into a development agreement with the City and any third party as applicable to fulfill any special conditions attached to a development approval, permit or amendment under this Bylaw, the Summerside Building Bylaw CS-31, the Summerside Subdivision and Site Development Bylaw SS-19, or the Summerside Heritage Conservation Bylaw SS-20.
- b. Should an agreement be entered, the development agreement must be signed by the property owner and by the Mayor and the Chief Administration Officer for the
City, and by an authorized person for any third party. Council may stipulate that the property owner sign a development agreement within a specified period of time.
- c. Should Council stipulate the agreement be signed within a specific period of time, the property owner must register a signed development agreement against the subject property in the Prince County Registry Office within 30 days of signing. A registered copy shall be provided to the City for filing.
- d. A development agreement shall only come into effect after:
- i. signing and registering of the agreement in accordance with sections (b) and (c) above; and
- ii. lapsing of any operable appeal or review period without commencement of any appeal or review, or abandonment or disposal of any appeal or review which is initiated.
- e. A development agreement shall be legally binding upon all signatory property owners and upon any, and all future owners of the property to which it applies.
- f. Council may discharge all or part of a development agreement when its conditions are fulfilled to the City's satisfaction, or amend an agreement with concurrence of the applicant.
- g. If a development approval or permit lapses, any attached development agreement will lapse concurrently.
- h. No development shall occur without a required development agreement being in effect, or except in compliance with any agreement in effect.
## 5.16 Pre-Conditional Approval
Council or the Development Officer, as applicable, may approve a development application contingent on the applicant satisfying required preconditions of approval, but approval is not finalized until these preconditions are completely met to the City's satisfaction.
## 5.17 Similar Allowable Use
The Development Officer may deem that a proposed use not identified as an allowable use in a zone, is of sufficiently similar nature to an allowable use in the same zone as to be considered the same for application purposes. However, in no event shall a use be allowed in a zone that is not identified as an allowable use in that zone, but is identified as an allowable use in another zone.
## 5.18 · Enforcement
- a. For purposes of making an inspection to determine conformity with this Bylaw, the Development Officer is authorized to enter into any building or land during normal business hours after giving 24 hour notice to the property owner.
- b. If a development or land use does not comply with requirements of this Bylaw, the Development Officer may issue a written notice to the applicant, property owner, or both, to:
3. stop the development or land use in whole or in part within a specified time; and/or, at the City's option:
- ii. take measures so that the development or land use complies with requirements of this Bylaw within a specified time.
- c. Any person who fails to comply with a notice under section (b) is guilty of an offence.
## 5.19 Offences
- a. Every person is responsible for meeting all requirements of this Bylaw.
- b. Every person, who violates any provision of this Bylaw or Regulations is guilty of an offence and liable on summary conviction to payment of a fine not exceeding $2000 for a first offence and on a subsequent conviction, to a fine not more than $400 for each day upon which the contravention has continued after the day on which he was first convicted.
- c. Every person is liable for any offence under this Bylaw.
## 5.20 Right of Appeal
- a. Appeals of a decision by Council or the Development Officer made under this bylaw may be made to the Island Regulatory and Appeals Commission (IRAC) in accordance with the Planning Act.
- b. The City is not liable for damage suffered by any person resulting from development undertaken during an appeal period, or while a decision is under appeal.
## Section 6 Non-Conforming Uses and Non-Complying Buildings
## 6.1 Continuation of Non-Conforming Uses
Any use of a building or land existing at the effective date of this Bylaw that does not conform with permitted uses in the zone where it is located, shall be deemed to be a 'non-conforming use' and may continue to exist, subject to provisions of this Bylaw and any other applicable regulations. For purposes of interpretation, the foregoing applies to intended uses of buildings under construction, or of proposed buildings with valid permits at the effective date of this Bylaw.
## 6.2 Non-Conforming Buildings and Land Uses
- a. Any building containing a non-conforming use shall be deemed a 'non-conforming building'
- b. A non-conforming building shall not be extended in size, except that Council may approve an application for a one-time extension of up to 10% of the total building floor space existing prior to 1999, subject to:
- i. the Development Officer providing written notice to all assessed property owners within 60 m (196.8 ft) of the boundaries of the subject lot, describing the change sought and inviting written comments within 7 clear days; and
- c. Unless exempted by a provision of this Bylaw or allowed by an approved variance, a non-conforming building may only be replaced with another building that fully complies with this Bylaw.
## 6.3 Non-Conforming Buildings Damaged by Fire
A non-conforming building which is damaged by fire, may be rebuilt on the same site within its previous building envelope and/or occupied by the same use as it was before, provided that application is made for a building permit under the Summerside Building Bylaw within 12 months of the damage occurring.
## 6.4 Non-Conforming Manufactured Home Park
Mobile homes in a non-conforming manufactured home park may be replaced at any time subject to provisions of this Bylaw, but no increase shall be made to the number of mobile homes existing in the park prior to 1999 onwards subject to:
- i. Mobile Homes are built to Canadian Standards Association Z-240.
- ii. Mobile homes are not to exceed twenty (20) years of age at the time of permit application.
## 6.5 Extensions and Changes to Non-Conforming Uses
- a. A non-conforming use in part of a building may be extended throughout part, or all the remainder of the building existing prior to 1999, except in the case of a nonconforming dwelling units), where no additional dwelling unit may be added other than as allowed by an approved conditional use permit.
- b. A non-conforming use of land may be extended through a lot up to the limits of the zone in which the use is located.
- c. Council may approve a change in a building or lot from one non-conforming use to another similar non-conforming use, subject to Planning Board review, and shall consider the following criteria:
- i. is of a similar nature to the present/previous use respecting the activities undertaken in the building or on the lot;
- ii. will not create more traffic, noise or other nuisances for neighbours than the existing/previous use;
- ili. will not inhibit development of the surrounding area for uses allowed under this Bylaw.
## 6.6 Discontinued Non-Conforming Use
A non-conforming use of a building or land which has been discontinued for more than 12 consecutive months shall not be allowed to re-continue and, in such cases, allowances for similar uses under section 6.5 (c) shall not apply. The onus of proof that the non-conforming use has not been discontinued shall rest with the property owner.
## 6.7 Non-Complying Building
- a. Any building existing prior to 1999 which does not comply with its provisions respecting height, floor area ratio, floor area, lot coverage or yard standards shall be deemed to be a 'non-complying' building.
- b. Unless exempted by Section 6.7e. of this Bylaw or allowed by an approved variance, a non-complying building may only be replaced with another building that fully complies with this Bylaw.
- c. No extension shall be made to a building which would make it non-complying or more non-complying, including over part of a main wall, except as allowed by an
approved variance; or
- d. A non-complying building which is damaged by fire, may be rebuilt on the same site within its previous building envelope and/or occupied by the same use as it was before, provided that application is made for a building permit under the Summerside Building Bylaw within 12 months of the damage occurring.
- e. A non-complying building with respect to yard standards, may be replaced in accordance with Council's Regulations in Schedule 'C' of this bylaw.
## 6.8 Reduction in Lot Size
No new subdivided lot shall be created which would cause a deviation from any applicable Provincial regulations regarding minimum lot sizes in the PEI Planning Act Province-Wide Minimum Development Standards Regulations.
## Section 7 Variances
## 7.1 Eligible Variances
Application may be made for variances up to 50% from the following standards in this Bylaw, except minor variances up to 10% shall apply in the Downtown (D) zone.
Main building: height, lot coverage, floor area ratio, or yard depth.
Lot area, depth, or width standards for lots created through minor subdivisions under the Summerside Subdivision & Site Development Bylaw SS-19, as amended. For lots created through major subdivisions, only applications for a minor variance may be considered.
Accessory building standards. In addition, in no case should less than 1.2 m (4 ft) setback be allowed from any property line to an accessory building as it will create a hardship for the neighboring property.
Development standards for setbacks. In no case should less than 1.2 m (4 ft) setback be allowed from any property line to a building as it will create a hardship for the neighboring property.
Fence height standards as allowed in Section 11
Minimum separation distance (MSD) from intensive agricultural uses only.
Parking space numbers and sizes, except where a parking variance is not allowed under a specific provision of this Bylaw.
Yard encroachments as allowed in Section12
## 7.2 Justifications for Variances
Variance applications shall be considered by Council, Planning Board, or the Development Officer, as applicable, against the following tests for justifying a variance. All applicable criteria must be met:
- a. That the hardship is due to unique physical conditions of the lot or property, including small lot size, irregular lot shape, existing building location on the property, or exceptional topographical conditions, which make it impractical to develop in strict conformity with Bylaw standards. Exceptional topographical conditions may include, but are not limited to: trees, slope of the land, etc.
- b. That the proposed variance meets the general intent of the official plan.
- c. That the proposed variance meets the general intent of the zone.
- d. That the proposed variance would not impact negatively on adjacent properties, or on the essential character of the surrounding neighborhood, including taking into consideration any comments from neighbors.
## 7.3 Administration of Variances
Upon receiving a written application for an eligible variance(s) within the scope of section 7.1, the Development Officer will determine the type of variance(s).
- Minor: 10% or less
Minor Variance - The Development Officer will approve or deny the variance. An applicant who is denied a minor variance by the Development Officer may apply in writing within 21 days of the decision for their application to be reviewed by Planning Board. The Planning Board may approve or deny the variance.
- Major: over 10% up to 50%; and/or non-complying building
Major Variance - The Development Officer shall provide written notice to all assessed property owners within a radius of 30 m (98.4 ft) from the subject lot, describing the variance sought and inviting written comments within 7 clear days. The application is reviewed by the Planning Board. The Planning Board makes a recommendation to Council, and Council may approve, deny, or approve a variance(s) less than requested.
For proposed variances of the minimum separation distance (MSD) from an intensive agricultural use, the Development Officer shall consult with the Province on all such variances respecting new livestock and poultry facilities as well as consulting with the Province on any other MSD variances.
A variance will lapse 24 months after its approval if not acted upon during that period by means of a completed building permit application or application for preliminary subdivision approval.
## Section 8 Additional Use Standards
## 8.1 General
The following standards apply to certain specified uses in addition to applicable zone standards, restricted uses and other requirements under this Bylaw.
## 8.2 Permitted Uses in All Zones
Subject to Bylaw requirements, accessory buildings and small utility facility buildings and utility structures or uses, and street R.O.W.'s are permitted uses in any zone.
## 8.3 Ancillary Residence
Up to two ancillary residences shall be permitted in any commercial or institutional building in the Downtown (Districts #1, #3, and #4), Service Commercial (C2), Neighbourhood Commercial (C3) and Institutional (I) zones subject to the following standards:
- a. The ancillary residences shall be subsidiary to the main commercial and/or institutional use;
- b. The ancillary residences shall not be located at street level; and
3. The ancillary residences have an entrance, which may be shared by the dwelling units, separate from the entrance(s) to the commercial and/or institutional uses. Each dwelling unit shall have a separate internal access.
## 8.4 Accessory Building
- a. One or more accessory buildings on a lot are a permitted use in all zones, except a CO zone.
- b. Except as allowed under a specific provision of this Bylaw, no residential accessory building shall:
- i. be used for human habitation;
4. be sited within the required minimum front yard of a main building;
- ili. be sited closer than 2 meters (6.6 ft) to any lot line, main building, or other accessory building (subject to any limiting distance requirements under the Summerside Building Bylaw);
- iv. exceed a maximum height of 4.5 m (14.7 ft) for residential accessory buildings, or the general height restrictions in any zone for other uses. Residential zoned lots greater than 0.4 ha (0.98 acre) in size may be allowed a larger accessory building height at the discretion of staff.
- v. exceed a maximum building area of 55 m' (600 sq ft) for each residential accessory building and 10% lot coverage for all such buildings on a lot. Residential zoned lots greater than 0.4 ha (0.98 acre) in size may be allowed a larger accessory building area at the discretion of staff.
2. Vi. contravene the setback requirements under section 11.6.
- vii. Accessory utility buildings or structures are permitted uses in all zones.
## 8.5 Restricted Use Designation
- a. The purpose of a Restricted Use designation is to manage requests for land uses that have unique characteristics, special requirements, and innovative ideas or because of unusual site constraints, require specific regulations.
- b. The Restricted Use designation is a "custom made" or "fine-tuned" designed for one specific area or project only. It is still a legally by-lawed land use and the underlying current zoning does not change. Any changes to the uses or rules require the full public hearing re-designation or zoning process.
- c. The purpose of this Designation is to accommodate single special uses which, because of their particular nature, cannot be easily accommodated within another Zone or where rezoning would result in undesirable future land uses due to the "as of" rights in that zone.
- d. The 'Ix|' designates the specific map reference for the site designated "Ru" and references the type of development approved for that site and recorded on a special schedule for that purpose.
- e. Council may attach terms and conditions to the approval of a restricted use. After hearing the recommendation of the Planning Board, Council may revoke a restricted use approval for violation of any condition attached to an approval.
- f. The Ru[x] Designation is for a single use only, and restricts land use to a single purpose. All land use applications shall be evaluated on their merits by the Development Officer who will establish the appropriate development standards on an individual basis and reviewed by Council for their determination.
## 8.6 Automobile Service Station
- a. An automobile service station is a permitted use in the C2 zone.
- b. Each automobile service station shall have:
- i. minimum lot width of 40 m (131.2 ft); and
- ii. minimum lot depth of 30 m (98.4 ft).
- c. The pump island in any automobile service station shall not be located closer than 6 m (19.6 ft) from the street ROW.
## 8.7 Boarding House
- a. A boarding house is a permitted use in R4 and D zones, and is allowed with Council's discretionary use approval in an R3 zone. A boarding house shall meet the provisions of the PEI Rental Properties Act.
- b. No boarding house shall have:
- i. more than 6 paying guests, including where one guest pays for another;
- ii. more than two adult guests in each sleeping room; or
- iii. cooking equipment in any sleeping room;
- iv. no boarding house shall have more than three (3) sleeping rooms for paying boarders.
## 8.8 Existing Agricultural Uses
Existing general agricultural uses may continue in any zone as a conforming use and may be changed to another general agricultural use, and/or be extended up to the limits of the property. Changes to, or between intensive agricultural uses can only be made in an A zone and subject to all requirements of this Bylaw.
## 8.9 Grouped Main Buildings
- a. Only one main building shall be located on a lot, except that grouped main buildings may be located on one lot in the case of building supply outlets, farm buildings, commercial/residential buildings, manufactured home parks, motel/hotels, row housing, apartments, shopping centres, institutional and/or industrial buildings.
- b. All grouped main buildings on a lot shall meet the following standards:
- i. a minimum separation distance between all main buildings shall be determined under the Building Codes Act and/or Summerside Building Bylaw;
- ii. applicable zone standards (yard depth requirements shall be measured from each lot line to the nearest main building; lot coverage and floor area ratio requirements shall apply to the total of all main buildings on a lot); and
- iii. applicable parking requirements for all uses on the lot.
## 8.10 Modular Buildings
Modular buildings may be used for all permanent buildings. The use of modular buildings must comply with the uses listed in the applicable zone.
Each Modular building shall be:
- placed to comply with the site standards in the applicable zone;
- b. compatible in design with dwellings in the surrounding area;
- c. certified as conforming with the National Building Code of Canada through the Canadian Standards Association; and
- d. installed on an appropriate foundation.
## 8.11 Mobile Home (pre-1999)
Additional or replacement mobile home units are allowed in manufactured home parks within an R5 zone. Also, replacement units are allowed in place of any existing mobile home in a non-conforming park in conformity with Section 6.4.
## 8.12 Occasional Commercial Uses
Buildings or lands used for commercial or institutional purposes may be used for other occasional purposes, such as a craft fair, festival, flea market, sidewalk sale or trade show, provided that such use does not extend more than 15 continuous days, adequate parking is available and no building is erected (for seasonal buildings, see section 8.14)
## 8.13 Telecommunication Towers, Wind Energy Conversion Systems and Solar Energy Collector Systems
## Telecommunication Towers
- a. A telecommunication tower is a permitted use in M1, M2 and Agricultural zones. It is a Council discretionary use in Conservation and Special Use zones.
- b. Telecommunication towers shall not be sited in front yards.
- c. The co-location of telecommunications infrastructure on existing or new towers shall be strongly encouraged.
- d. The construction and operation of all telecommunications towers shall be designed to the health and safety guidelines established by Health Canada.
## Wind Energy Conversion Systems
- e. A Wind Energy Conversion System (WECS) is a Council discretionary use in M1, M2, Agricultural, Conservation and Special Use zones.
- f. Wind Energy Conversion Systems (WECS) are subject to the City of Summerside Wind Energy Conversion Systems Regulations in Schedule 'C' of this bylaw.
## Solar Energy Collector Systems
- g. A Solar energy collector system is a Council discretionary use in Institutional, M1, M2, Agricultural, Conservation and Special Use zones.
- h. In an Institutional zone, solar energy collector systems may be mounted on the main building, without a discretionary use approval.
- i. Solar energy collector systems shall not be located on the ground in a front yard or side yards. They may be located on the ground in a rear yard, in non-residential zones.
- j. Solar energy collector systems are a stand-alone structure subject to the siting requirements for main building and accessory buildings.
- k. In any residential zone, solar energy collector systems shall be attached to a main building or accessory building and shall not extend beyond the outermost edge of the roof or extend higher than the vertical building envelope.
## 8.14 Seasonal Garden Centre
- a. A seasonal garden centre is permitted in any Commercial and Institutional zone.
- b. No seasonal garden centre shall be:
3. sited in such a way as to reduce the number of parking spaces below that required for the main building use, or interfere unduly with traffic flows; or
- ii. · used as a dwelling.
## 8.15 Semi-Detached Dwellings and Town Houses
- a. All new semi-detached and town house dwelling units shall be equipped with separate water, sewer and electrical services, heating devices and parking;
2. Subdivision approval may be granted for all new semi-detached and town house dwelling units in accordance with the Summerside Subdivision & Site Development Bylaw SS-19.
- C. New or existing semi-detached and townhouse buildings may be subdivided into individually-owned dwelling units, provided that:
- i. all dwellings are built and equipped in accordance with the requirements described in section b.;
5. її. an acceptable agreement is put in place to the City's satisfaction between individual owners and the City for access to electric and/ or water meters and any other matters deemed necessary by the City, and which is registered on the title of each subdivided lot;
6. the subdivided lots comply with the development standards for the zone in which the building is located; and
- iv. subdivision approval is granted in accordance with the Summerside Subdivision and Site Development Bylaw SS-19.
- V. Individually owned units shall be constructed to meet the requirements of the Building Codes Act and/ or Summerside Building Bylaw CS-31.
## 8.16 Special Setbacks for Street Widening
A special setback is required for new buildings, building additions, and parking lots or areas on properties abutting any arterial and collector street ROW which the City plans to widen, to be calculated by the Development Officer as the sum of:
- a. the minimum front yard/setback required for the zone in which the property is located; plus
- b. the additional street ROW width required.
## 8.17 Street Frontage and Servicing
- a. No new lot shall be created without street frontage, except as specifically allowed for in this Bylaw.
- b. No development is allowed on a lot without street frontage, except if the lot is located in the A zone, or otherwise if the lot is accessed by a private right-of-way deeded prior to 1999. The width of such rights-of-ways shall be suited to the nature of the proposed development, following the minimum width requirements for flag lots in section 10.4 (b).
- c. No development shall be approved without connection to City water and sewer services, except in the Agricultural (A) zone where City services are not available closer than 100 metres (328 ft).
- d. Un-serviced lots without City water and/or sewer services shall comply with any Provincial minimum lot size requirements for un-serviced or partly un-serviced lots in accordance with the PEl Planning Act Province-Wide Minimum Development Standards Regulations, as included in Schedule 'C' of this Bylaw.
## 8.18 Subdivision of Commercial and Industrial Buildings
A commercial or industrial use building and its lot may be subdivided into parts with zero lot lines, subject to:
- a. Party walls are provided at all interior lot lines and constructed in accordance with the Building Codes Act and/or Summerside Building Bylaw CS-31;
- b. All subdivided lots comply with all other zone standards; and
- c. Subdivision approval is granted in accordance with the Summerside Subdivision and Site Development Bylaw SS-19.
## 8.19 Swimming Pool, Spas and Hot Tubs
- a. A swimming pool, spa and hot tub is a permitted accessory use to a main building in any residential zone, A, D, C2, P or I zone;
- b. All outdoor swimming pools, or the yard in which a swimming pool is located, shall be completely enclosed by fencing not less than 1.2m (4 ft) high so as to prevent uncontrolled access;
- c. No person shall permit any structures or material to be placed or to remain adjacent to any swimming pool enclosure which would provide a means of access over the top of the enclosure;
- d. No pool shall be sited in the required minimum front yard of the main building;
- e. Any pool, spa or hot tub shall be setback a minimum of 1.5m (5 feet), from property lines;
- f. Above ground pools structures may have a maximum height of 2.5m (8.2 ft). This includes the height of the deck and the height of the fence combined. All in-ground swimming pools shall be enclosed by a fence that is a minimum of 1.2m (4 ft) high. Grade elevation changes may be determined by staff on a case-by-case basis.
## 8.20 Temporary Building
A temporary building is a permitted use in any zone that is accessory to construction in progress with a valid building permit, such as an accessory building, construction site office, washroom facility, and sales or rental office, but shall not remain after construction is completed.
## 8.21 Yard Sale
A yard sale (including a 'garden' or 'garage' sale) is a permitted use for sale of personal household items by an occupant of a residential building on the same lot, but shall not include merchandising of any other items that could be carried by a retail, rental, lease or wholesale business. Yard sales may only be carried out on a lot for up to 2 days duration on each of 3 occasions during a calendar year.
## 8.22 Special Standards for City Well Fields
Notwithstanding any other provisions in this Bylaw, no intensive agricultural use or development with on-site sewer or water services shall be permitted within 800 m (2, 624.6 ft) of the property boundaries of the City well fields off Provincial Highway No. 1A and Bayview Drive.
## 8.23 Commercial/Residential Building
Where permitted, commercial/residential buildings shall be subject to the following:
- a. commercial/residential buildings shall contain a mix of commercial, institutional, and residential uses;
- b. commercial and institutional uses shall occupy the ground floor at street level;
3. the commercial and institutional uses must be permitted uses in the applicable zone;
- d. notwithstanding 8.23 c. the commercial and institutional uses shall be compatible with the residential nature of the building. The following uses are not permitted in a commercial/residential building:
- i. Animal Care Facility;
- ll. Automobile Establishment;
- ili. Building Supply Outlet;
- iv. Emergency Services Facility;
- v. Storage Facility; and
- vi. Any use of a similar nature, and
- e. the building design and scale shall be compatible with the surrounding area.
## 8.24 Accessory Dwelling Units (ADUs)
Accessory dwelling units are permitted in the R1, R2, R3, R3r, R4 and CDA zones subject to:
- a. Secondary Suites
A secondary suite is a permitted use within a single detached dwelling, a semidetached dwelling and a townhouse dwelling subject to:
- i. The secondary suite must be attached to and wholly contained within the main dwelling and may not be connected to the dwelling by way of a breezeway or enclosed hallway;
- ii. No more than one (1) secondary suite is permitted in any main dwelling;
- iii. Either the main dwelling or the secondary suite must be property owner occupied in any zone;
- iv. A secondary suite shall be no more than:
- a) 40% of the total floor area of all storeys of the main dwelling, excluding the garage floor area and common spaces serving both dwelling units; and
- b) in no case shall exceed 80 sq. m. (861 sq. ft) of finished living space.
- v. If off-street parking is provided, the requirements of section 10 except for section 10.5 shall apply.
- vi. A secondary suite is not permitted in a main dwelling that is operated as a tourism establishment, boarding house, home based business or nonmarket housing.
- vii. Where the secondary suite has a separate outside entrance from the main dwelling, the entrance must be located on the side or rear wall of the main dwelling.
10. Garden Suites
Garden Suites are permitted in association with single detached dwellings, semi-detached dwellings, mini homes in R3 zone, and rowhouse dwellings subject to:
- i. The garden suite is a stand-alone structure, separate to the main dwelling;
- ii. Building design and scale is compatible with the main dwelling and surrounding area;
- ili. Garden suites may be established in existing accessory buildings.
- iv. A new or converted building containing a garden suite may include a garage or storage; in this instance, the garden suite standards in Section 8.24 b. apply.
- v. Garden suites shall be no more than 80 sq. m. (861 sq. ft) of finished living space;
- vi. Garden suites may not be established in a non-complying accessory building, unless the accessory building is brought into compliance;
- vii. If off-street parking is provided, the requirements of section 10 except for subsection 10.5 shall apply;
- vili. Any garden suite shall not be operated as a tourism establishment; and
- ix. The garden suite shall meet the minimum side and front yard setbacks for the main dwelling in the applicable zone. A garden suite shall be located a minimum of 2 metres (6.6 feet) from the rear lot line and the minimum separation distance from the main dwelling shall be as required under the Summerside Building Bylaw CS-31.
## 8.25 Child Care Centre, Home-Based
- a. Home-Based Child Care Centres are permitted within the following Dwelling types:
- i. Duplex;
- ii. Row House;
- iii. Semi-Detached Dwelling
- iv. Single Detached Dwelling; and
- v. Town House.
- b. Home-Based Child Care Centres are not permitted within the following Dwelling types:
- i. Accessory Dwelling Unit
- ii. Ancillary Residence; and
- ili. Apartment Building.
## Section 9 Conditional Uses
## 9.1 General
The Development Officer may issue a conditional use permit for uses of a mixed nature, including home based business and tourism establishments, all in accordance with section 5.14. The conditional use standards identified below are additional to other applicable zone standards and other requirements under this Bylaw.
## 9.2 Home Based Business
A home based business may be allowed as an accessory use to a single detached, semidetached, or town house dwelling, in any zone, subject to a conditional use permit and the following standards:
- a. The business is an eligible home based business as identified in the table below:
- b. Notwithstanding the generality of (a), no residential property shall be used for:
- i. any commercial purpose which would generate electrical interference, or undue dust, noise, smell, smoke or traffic which would be detrimental to enjoyment of properties in the surrounding neighbourhood; or
4. the sale or lease of any articles directly from the premises, other than those produced on site, sold through a mail order catalogue, or which are incidental to the Home Based Business.
- c. One home based business may be allowed in a single detached dwelling and/ or its accessory building(s).
| Eligible Home Based Business |
|---------------------------------------------------------------------------------------------------------------------------------------------|
| business or professional office and medical office |
| desk top publisher, computer repair, website design, software developer, mail order catalogue seller, telephone solicitor, writer |
| barber/ beauty shop |
| child care centre, home-based |
| animal grooming, commercial pet breeding involving no more than two breeding's per year |
| caterer (but no retail sales on premises) |
| furniture repair, shoe repair, bicycle repair, car detailing, tool sharpening, but not small engine repairs, automobile body or repair shop |
| production and sales of arts and crafts, clothing articles, garden sheds, furniture, or toys |
| [tutoring of up to 6 students at any one time |
- d. A home based business is not allowed in conjunction with a secondary suite, if located within the single detached dwelling, unless in an accessory building.
- e. A home based business must not occupy more of a dwelling's floor area, or its equivalent floor area in an accessory building(s), than:
- i. the home-based business uses an aggregate floor area of less than 50m2 (538.2 sq ft), and;
- ii. the home-based business uses less than 25% of the floor area of the dwelling unit.
- f. May be subject to conditions under the Summerside Building Bylaw CS-31.
- g. The business owner of the home-based business must reside in the dwelling to which the home based business is an accessory use.
- h. One person may be employed in addition to the business owner.
- i. No materials, goods, equipment, or outdoor storage associated with the business shall be stored on the lot with the home based business, or on any other lot in a residential zone, except for one business vehicle not exceeding an unloaded weight of 2,750 kg (6, 062.6 Ibs).
- j. The home based business shall comply with parking and signage regulations under this Bylaw.
- k. In cases where the applicant is not the property owner, permission from the property owner, in writing, is required.
1. The business or service use is not a Group F1 - High-hazard occupancy, or a Group F2-Medium-hazard industrial occupancy as defined in the PEl Building Codes Act or National Building Code.
## 9.4 Tourism Establishments
All Tourism Establishments are subject to the following standards:
- a. A Bed & Breakfast is a discretionary use in an R2 zone and may be allowed in an R3, R4, C2, and A zones, subject to a conditional use permit and a building permit.
- b. A Bed & Breakfast, must be occupied as a residence by the operator of the business.
- c. An Inn and Tourist Home are discretionary uses in R3, R4, and C2 zones and a conditional use in the D zone, subject to a conditional use approval and a building permit.
- d. A Vacation Rental Property may be allowed in an R1, R2, R3, R4, C2, and Agr zone, within a single detached dwelling, semi-detached, and/or a town house subject to a conditional use permit and a building permit.
- e. A Tourism Establishment is not allowed in conjunction with a Secondary Suite.
- f. Tourism Establishments licensed under the Tourism Industry Act, R.S.P.E.I. 1988, Cap. T-3.3 shall be maintained for the period in which the business is operated. A copy of such license shall be provided to the Development Officer within 12 months of a new permit being issued under section 9.6, or together with an application to renew, reassign, or amend a permit under section 9.8.
- g. A Tourism Establishment shall comply with parking and signage regulations under this Bylaw.
## 9.5 Procedures for Conditional Use Approvals
- a. Application for a conditional use approval and any prior required discretionary use approval shall be made to the Development Officer with the following information, as applicable:
- i. the size and location of buildings on the lot;
- ii. existing and proposed uses in each building;
- iii. floor areas and arrangements, including numbers of rooms/units;
- iv. proposed parking and signage; and
- V. any other information required by the Development Officer.
- b. The Development Officer may approve or deny a conditional use approval for residential uses, in accordance with section 5.14(a).
- C. Any application denied by the Development Officer may be reviewed by Council, in accordance with section 5.14(c).
## 9.6 Conditions for Conditional Uses Approvals
An approved conditional use approval shall be issued to the property owner, with the following attached conditions:
- a. The approval is valid for five years following issuance, but application may be made to renew the approval.
- b. The approval is granted to the property owner as applicant, but application may be made to reassign the approval to a subsequent owner.
- c. The approval is granted for a specified size of operation, but application may be made to amend the approval, subject to any Bylaw limitations.
- d. No change may be made between conditional uses without a new approval.
- e. All permitted uses shall conform with their respective conditional use standards and to all other applicable requirements of this Bylaw, and of other City and Provincial regulations.
- f. Property owners have the obligation to ensure compliance with the approval by other occupants/business operators of their properties.
- g. The approval automatically lapses if the conditional use has not been commenced within twenty-four months of approval being granted or has been discontinued for more than 24 months. The onus of proof that the use has been commenced or not discontinued shall rest with the property owner.
- h. Other conditions may be attached to the approval which the Development Officer deems are necessary to fulfill the purposes of this Bylaw.
- i. Council may revoke the approval for violation of any attached condition, in accordance with section 5.14(f).
## 9.7 Renewal/Re-Assignment/Amendment
- a. The Development Officer may approve or deny renewal, reassignment or amendment of any conditional use approval, in accordance with section 5.14(b).
- b. Any application denied by the Development Officer to renew, reassign or amend a conditional use approval may be reviewed by Council, in accordance with section 5.14(c).
## Section 10 Parking and Traffic Standards
## 10.1 General
All developments and existing uses shall comply with the requirements of this section of the Bylaw, as applicable.
## 10.2 Road Access Restrictions
The following road access restrictions are required to promote traffic safety and smooth traffic flows
- a. New flag lots may be allowed accessing onto Water Street or Water Street East, with the approval of staff, but are otherwise prohibited.
- b. No parking spaces within a parking lot shall access directly onto any City arterial or urban collector street.
- c. Perpendicular parking on a public street R.O.W. may be considered, subject to municipal engineer approval.
- d. All developments shall be laid out to the City's satisfaction so as to minimize the number of road accesses and locate accesses as safely as possible.
- e. For developments on City arterial and collector streets, the City may require that adjoining property owners share street accesses by means of registered easement.
- f. For developments on Provincial Highways, access approval must be obtained from the Province.
- g. All other Official Plan policies regarding street access shall apply.
## 10.3 Access Design
- a. Vehicle accesses into residential corner lots on local streets shall be sited a minimum of 15 m (49.2 ft) from the intersection of street surfaces. Exceptions to access location may be considered, subject to municipal engineer approval.
- b. Vehicle accesses into residential corner lots, on collector streets, shall be sited a minimum of 50 m (164 ft) from the intersection of street surfaces. Exceptions to access location may be considered, subject to municipal engineer approval.
C.
<!-- image -->
- d. A request for a secondary access may be considered, subject to municipal engineer approval.
- e. Notwithstanding section (a), vehicle accesses into residential lots shall be sited a minimum of 1 m (3.2 ft) from any side property line, unless both adjoining property owners agree to join their driveways. Where a landscaped buffer is required under section 11.6, the vehicle access shall be sited in accordance with that requirement.
- f. The maximum surfaced widths of service roads or private driveways into residential properties shall be 5 m (16.4 ft) for one-lane access and 8 m (26.2 ft) for two-lane access. The maximum width of vehicle accesses for other uses shall be determined by the City according to the volume and type of traffic.
- g. The minimum surfaced widths of service roads shall be 3 m (9.8 ft) for one-way traffic and 6 m (19.6 ft) for two-way traffic.
- h. Access to a parking lot is a minimum of 6 m (19.6 ft) throat length.
Figure 10.3 minimum throat length
<!-- image -->
## 10.4 Flag Lot Access
- a. Subject to section 10.2 (a), new flag lots may be permitted in a CDA zone, or in an existing subdivision if the lot in question could not otherwise front entirely onto an existing, intended or potential street R.O.W.
- b. For purposes of accommodating vehicle accesses and services, and promoting efficient development patterns over the long term, the minimum width of the 'smaller part' of a flag lot, referred to as the access portion, shall be as follows:
- i. 8 m (26.2 ft) minimum, the 8 m access portion allows for two - 3 m (9.8 ft) travel lanes, in addition to, a required 1m (3.2 ft) min. grass buffer, from the edge of the travel lane to the property line on each side of the travel area (see figure 10.4 below);
- ii. Should the developer require the travel lanes to be wider the 3 m (9.8 ft), the access portion would have to be increased to accommodate proposed travel lane widths, in addition to the 1m (3.2 ft) grass buffers required. Travel lanes are restricted to a width of 15 m (49.2 ft) in total.
Area in gray represents Access Portion of flag lot.
<!-- image -->
Figure 10.4 Flag Lot Access Portion
## 10.5 Off-Street Parking Standards
Subject to sections 10.6 and 10.7, off-street parking spaces shall be provided for developments to at least the minimum standards laid out in the Table below and in accordance with the following interpretative rules:
- a. In cases of multi-use developments, the required numbers of parking spaces for all uses shall be added together.
- b. Where a change of use occurs in more than 50% of the floor area of an existing building, parking standards shall apply for the new uses.
- c. In the case of any building addition, parking standards shall apply for the addition.
- d. Where parking calculations result in a fraction above 0.5, the number of required parking spaces shall be rounded up to the nearest whole number.
| RESIDENTIAL | |
|------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------|
| single detached, duplex, semi-detached, or town house dwelling | 2 spaces/dwelling unit and maximum of 6 spaces per unit |
| ancillary residence, apartment dwelling (including in commercial/residential building), mobile home, mini home, or row house | 1 space/dwelling unit |
| boarding house, tourism establishment: B&B, inn | 2 spaces/building + 1 space/guest room |
| Non-market housing: supportive housing and transitional housing | 2 spaces + 1 space for each staff |
| nursing care home | 1 space/employee + 1 space/3 beds |
| permanent parking of recreational vehicles or trailers in shared residential parking lots | small unit 1 space large unit equivalent of 2 spaces |
| COMMERCIAL | |
| Automobile establishment: automobile repair shop, service station | 3 spaces/bay |
| bowling alley, curling rink | 1 space/employee + 2 spaces/bowling alley or curling sheet + 1 space/10 seats for spectators. |
| animal hospital, business or professional office | 1 space/30 m' (323 sq ft) of floor area |
| child care centre | 1 space/employee + 1 drop-off space |
| entertainment or recreation facility (except where more specific use standards are identified) | 1 space/20 m' (215.2 sq ft) of public use area |
| flea market | 1 space/20 m? (215.2 sq ft) of public use area |
| funeral home | 1 space/4.5 m' (48.4 sq ft) of assembly area |
| home based business (in addition to residents) | 1 space/outside employee + 1 visitor space at Development Officer's discretion |
| laundromat | 0.5 space/washing machine |
| medical office | 1 space per employee and 2 spaces per treatment room |
| marina | 1 space/3 boat moorings |
| motel/ hotel | 1 space/guest room +1 space/5 m' (53.8 sq ft) for convention areas |
| restaurant, tavern/ bar/ lounge | 2 spaces/4 seats |
| shopping centre, supermarket | 1 space/30 m' (323 sq ft)of retail space, excluding temporary retail uses in public areas |
| other commercial uses (including in residential/ commercial buildings) | 1 space/25 m' (269.1 sq ft)of retail space |
|------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| INDUSTRIAL | |
| all uses | 1 space/40 m' (430.5 sq ft)floor area or 1 space/employee, whichever is greater |
| INSTITUTIONAL | |
| school, post-secondary | 1 space/employee + 0.5 spaces/student at maximum period of enrolment |
| child care centre | 1 space/employee + 1 drop-off space |
| government office | 1 space/30 m2 (323 sq ft)of floor area |
| hospital | 1 space/2 beds |
| place of worship | 1 space/10 m' (107.6 sq ft)of assembly area |
| | public library, museum, cultural centre, gallery 1 space/employee + 1 space /45 m2 (484.4 sq ft)of floor area |
| entertainment or recreation facility (except where more specific use standards are identified) | 1 space/20 m' (215.2 sq ft)of public use area |
| school | 1 space/employee + 1 drop-off space + elementary school 1 space/8 classrooms junior secondary school 1 space/4 classrooms senior secondary school 2 spaces/classroom |
| OTHER USES | to be computed by the Development Officer |
## 10.6 Optional Off-Street Parking Requirements
- a. For any development requiring 6 or more off-street parking spaces according to the 'normal standards' under section 10.5, other than in the Downtown (D) zone, an applicant may elect the 'voluntary option' of making a submission to Council for less spaces compared with that normally required.
- b. Applicants under the voluntary option shall present appropriate justifications for reduced parking requirements, such as references to corporate practices, actual needs estimates, or comparisons with existing businesses.
- c. Council may allow all, some, or none of the applicant's requested reductions for off-street parking spaces compared with normal standards, subject to application of all other Bylaw requirements.
- d. Any applicant under the voluntary option cannot subsequently apply for a variance on parking for the same development.
## 10.7 Parking Requirements in Downtown (D) Zone
All residential uses require 0.5 spaces per dwelling unit. All other uses, do not require off-street parking
## 10.8 Shared and Off-Site Parking
- a. A shared parking lot is permitted in the following circumstances, provided that the total number of spaces is not less than that required for all uses:
- i. to provide parking for different users of a building, including an apartment building and excluding semi-detached and town housing in accordance with section 8.15; or
- ii. to provide parking for grouped main buildings allowed on one lot under section 8.9.
- b. An off-site parking lot is permitted in zones where a parking lot is allowable as a main use, including for purposes of shared parking, provided that the parking lot is located no further than 60 m (200 ft) away from the nearest building or lands which it is intended to serve.
- c. All shared and off-site parking arrangements shall be secured in manner acceptable to the City.
## 10.9 Parking Lot/Area Layout and Construction
## Outdoor Parking Lot/Area Standards
All parking lots/areas associated with developments shall meet the following standards, as applicable:
- a. Each and every provided parking space shall be a minimum of 3 m (9.8 ft) wide and 6 m (19.6 ft) deep, subject to higher standards for mobility displaced persons in section 10.10.
- b. All commercial and residential parking lots/areas and connecting service roads shall be paved. All other parking lots/areas and service roads shall at least be maintained with a stable surface that prevents the raising of dust or loose particles.
- c. A parking lot/ area shall be constructed and maintained as follows:
- i. each parking lot/area shall not be sited within 1 m (3.2 ft) of any lot line, or as required to accommodate any landscaping strip;
- ii. each parking lot/area shall have adequate provisions to control storm water drainage and to avoid storm water draining onto adjacent lots;
- ili. where a parking lot/ area is paved, painted lines shall be maintained to demarcate all parking spaces;
- iv. any lights used for illuminating a parking lot shall be arranged to divert light away from adjacent lots and nearby streets; and
- V. a structure may be erected in a parking lot/area for use of parking attendants.
- d. A parking lot/area with painted lines and cross aisles shall be laid out in accordance with the following standards:
| ANGLE OF PARKING SPACE TO CROSS AISLE | One-way | One-way | Two-way | Two-way |
|-----------------------------------------|-----------|-----------|-----------|-----------|
| | | ft | m | ft |
| O DEGREE (PARALLEL PARKING) | 4 | 13.1 | 7 | 23.0 |
| 30 DEGREE | 4 | 13.1 | 7 | 23.0 |
| 45 DEGREE | 4 | 13.1 | 7 | 23.0 |
| 60 DEGREE | 6 | 19.7 | 7 | 23.0 |
| 90 DEGREE | 7 | 23.0 | 7 | 23.0 |
## CROSS AISLE WIDTH
## Indoor Parking Lot/Area Standards
All indoor parking lots/areas associated with developments shall meet the following standards, as applicable:
- e. Each and every provided parking space shall be a minimum of 2.6 m (8.5 ft) wide and 5.5 m (18 ft) deep, subject to higher standards for mobility displaced persons which shall be 4.5m (14.7 ft) wide x 6 m (19.6 ft) deep. A parking stall with a physical barrier shall be 0.25 m (10 inches) wider than the minimum space size, in a case where there are more than one physical barriers, the space shall be 0.5m (1.6 ft) wider.
- f. All indoor parking lot/area surfaces shall be concrete or paved.
- g. An indoor parking lot/area shall be constructed and maintained as follows:
- i. each parking lot/area shall have adequate provisions to control storm water drainage and to avoid storm water draining onto adjacent properties;
- ii. painted lines shall be maintained to demarcate all parking spaces;
- li. any lights used for illuminating an indoor parking lot/area shall be arranged to divert light away from adjacent properties and nearby streets;
- h. Painted lines and cross aisles in an indoor parking lot/area with shall be laid out in accordance with the following standards:
## INDOOR PARKING LOTS
| ANGLE OF PARKING | Aisle Width One-Way | Aisle Width One-Way | Aisle Width Two-Way | Aisle Width Two-Way |
|--------------------|-----------------------|-----------------------|-----------------------|-----------------------|
| | m | ft | m | ft |
| O DEGREE (PARALLEL | 4 | 13.1 | 7 | 23.0 |
| PARKING) 30 DEGREE | 4 | 13.1 | 7 | 23.0 |
| 45 DEGREE | 4 | 13.1 | 7 | 23.0 |
| 60 DEGREE | 6 | 19.7 | 7 | 23.0 |
| 90 DEGREE | 7 | 23.0 | 7 | 23.0 |
## 10.10 Barrier Free Spaces
- a. Barrier free parking spaces shall be reserved in parking lots according to the following schedule:
- i. 1 reserved space per total 11-20 spaces;
3. її. 2 reserved spaces per total 21-50 spaces; and
- iii. 1 reserved space for every additional 50 spaces.
- b. Each barrier free parking space shall be:
- i. a minimum of 4.5 m (14.7 ft) wide and 6 m (19.6 ft) deep;
- ii. located as closely as possible to the location it is intended to serve; and;
- iii. clearly identified for its intended use.
## 10.11 Queuing Spaces
Queuing spaces shall be provided for each drive-through development on the following basis:
- a. For a drive-through restaurant, a minimum of 5 in-bound queuing spaces shall be provided before a service position and a minimum of one out-bound space shall be provided after each position. For other drive-through establishments, a minimum of 4 in-bound spaces are required and an out-bound space is optional.
- b. Where there is more than one service position, queuing spaces may be combined into one lane but with adequate allowances for manoeuvring.
- c. All queuing spaces shall be a minimum of 3 m (9.8 ft) wide and 6.5 m (21.3 ft) long.
## 10.12 Loading Spaces
A minimum of one off-street loading space shall be provided for each 1,800 m2 (19, 375.6 sq ft) of floor area in commercial or industrial developments involving large trucks for transhipping goods or materials, and each such space shall be a minimum of 3 m (9.8 ft) wide and 9 m (29.5 ft) deep.
## 10.13 Commercial and Recreational Vehicles
- a. In any residential zone, no vehicles or equipment may be parked on a lot, except if a non-conforming commercial or industrial use exists on the lot. Permitted vehicles or equipment include those intended for commuting on public highways or roadways such as a motorcycle/moped, car, SUV, crossover, van (up to 1 ton towing capacity and accommodating 15 persons or less) and trucks (up to 1 ton towing capacity), recreational vehicles such as an RV, camping trailer, watercraft, snow mobile or ATV, personal use vehicles such as ride on lawn mower, utility trailer (open or enclosed).
- b. In any residential lot, a dwelling occupant's commercial service vehicle, recreation vehicle or camping trailer may be parked permanently provided that the unit does not protrude into the minimum required front yard. A commercial service vehicle shall be parked in the driveway. Shared residential parking lots shall include provisions for permanent parking of recreational vehicles and trailers in accordance with section 10.5.
- c. No recreational vehicle or camping trailer shall be used as a dwelling in the City.
## 10.14 Non-Operative Vehicles
No vehicle shall be supported by anything other than its mounted wheels in any residential zone for a period exceeding 6 months.
## Section 11 Fencing and Landscaping Buffer Standards
## 11.1 Site Triangle Restrictions
No building, or fence or vegetation or any other structure over 0.75 m (2.4 ft) in height shall be located on a corner lot within a site triangle measured 6 m (19.6 ft) from the intersection of the lot line, excepting special allowances for buildings in a D zone and a transparent fence. In cases where lot lines are not evident, the Development Officer will calculate the lot line locations. The height of a fence or vegetation shall be measured from the nearest road grade.
Figure 11.1 Measuring on a Site Triangle
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## 11.2 Partition Fence
A partition fence in a residential zone shall not exceed 2 m (6.5 ft) in height. A partition fence shall not exceed 0.75 m (2.4 ft) in height along a front lot line, or along a side lot line within the minimum required front yard, with the exception of a transparent fence.
## 11.3 Privacy Fence
A privacy fence in a residential zone shall not exceed 4 m (13.1ft.) in height, providing it meets the same yard development standards as the main building.
## 11.4 Ornamental Fence
An ornamental fence in a residential zone shall not exceed 2 m (6.5 ft) in height or 3m (9.8 ft) in length, providing it does not impede the site triangle of the property driveway or the driveway of a neighbouring property.
## 11.5 Other Fence and Vegetation Screening Restrictions
- i. In residential zones, in addition to the limitations under section 11.1, no fence or
any vegetation shall exceed 0.75 m (2.4 ft) in height along a front lot line, or along a side lot line within the minimum required front yard with the exception of a transparent fence. Vegetation may be planted subject to the restrictions in Section 11.6.
- ii. No fence or vegetation shall be located within a street R.O.W.
- ili. Barbed wire fencing is prohibited, except for agricultural and industrial uses.
- iv. A 0.6 m (1.96 ft) buffer zone between a fence, sign or planting vegetation and a road curb or sidewalk must be maintained free and clear to facilitate snow removal.
- V. All existing and future vegetation located in a site triangle are to be maintained so that there are no branches up to 2 m (6.5 ft) measured from road grade.
- vi. Any fence or vegetation or planting less than .75 m (2.4 ft) in height shall be in conformance with Section 11.5.d.
- vii. Any sign in the site triangle must not exceed .75 m (2.4 ft) in height. A sign less than .75 m (2.4 ft) must be in conformance with Section 11.5.d.
- vili. Other than in a site triangle, the height of a fence or hedge shall be measure from the lot grade.
## 11.6 Landscape Buffer Standards
Landscaping standards for developments shall accord with the standards laid out in the Screening, Landscaping and Setback Standards Table below and the following interpretative rules:
- a. A 'tree buffer' shall retain existing forest cover and/or be planted with a sufficient density of vegetation to provide a minimum height of 3 m (9.8 ft) screening within 3 years.
- b. A 'landscaped strip' 'ground cover buffer' shall be planted with vegetation which will fill in the area within 3 years.
- c. A 'landscaped and treed strip' 'tree buffer' and 'ground cover buffer' shall be a combination of a 'treed strip' 'tree buffer' and a 'ground cover buffer' landscaped strip'.
| Screening, Landscaping and Setback Standards | Screening, Landscaping and Setback Standards | Screening, Landscaping and Setback Standards |
|-------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------|
| DEVELOPMENT | LOCATION | REQUIREMENTS |
| Any apartment building or nursing home facility in the R4 zone | abutting any street | Landscaped strip a minimum of 3 metres (9.8 ft) wide extending So percent of the lot |
| Any apartment building or nursing home facility in the R4 zone | side and rear lot lines | Landscaped and treed buffer a minimum of 3 metres (9.8 ft) wide |
| Any apartment building or nursing home facility in the R4 zone | top surface of any portion of an underground parking garage which extends beyond the building | Ground cover buffer |
| C2 zones | Any commercial use in D and portion of use abutting residential R1, R2 or R3 zones, or a P zone | solid perimeter fence 1.85 m (6 ft) + |
| Any commercial use in a C3 zone | portion of use abutting residential R1, R2 or R3 zones | solid perimeter fence 1.85 m (6 ft) +, unless waived by abutting residential property owners |
| | Any use in M1 and M3 zones portion of use abutting any residential zone | treed strip min. 10 m (32.8 ft) |
| Any commercial use in C2, and C3 zones, and shopping centre in a D zone | abutting any street | landscaped strip min. 2 m (6.5 ft), with wider landscaped and treed strip, unless waived by City |
| Any outdoor storage/garbage station in a commercial zone | abutting any street | solid perimeter fence nin. 1.85m (6 ft) nless waived by Cit |
| Any outdoor storage in a M3 zone, except salvage yard | all property boundaries | perimeter fence min. 1.85 m (6 ft) |
| Any salvage yard | all property boundaries | solid perimeter fence min. 1.85 m (6 ft) |
| Any use in any zone | abutting street R.O.W. planned for widening | see section 7.15 for special setbacks |
## Section 12 Yard Encroachments
## 12.1 Allowable Yard Encroachments
Projections from the main walls of main buildings are allowed to encroach into minimum required yards by the amounts shown in the Table below, less the amounts of any existing encroachments in the case of non-complying buildings. Special provisions apply in the Downtown zone. Encroachments are subject to any requirements of the Summerside Building Bylaw.
| Allowable Encroachments into Minimum Required Yards | Allowable Encroachments into Minimum Required Yards | Allowable Encroachments into Minimum Required Yards |
|---------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------|---------------------------------------------------------|
| BUILDING OR STRUCTURAL PROJECTION | YARD INTO WHICH PROJECTION IS ALLOWED | MAX. ALLOWED ENCROACHMENT INTO YARD |
| Canopy | front and rear yard | 1.5 m (5 ft) |
| Balcony not supported at grade (covered or uncovered) | front and rear yard | 1.5 m (5 ft) |
| Bay window | front and rear yard | 1 m (3.2 ft) over a width of 3.5 m (11.5 ft) |
| Chimney, cornice, eaves, gutter, pilaster and footing | any yard | 0.6 m (2 ft) |
| Fire escape and exterior staircase | rear, side and flankage yards | 1.2 m (4 ft) from lot line |
| Patio/deck (area greater than 4.5 m' (48 sq ft) not exceeding 0.83 m (2.7 ft) from surrounding grade | rear, side and flankage yards front yard | 1.2 m. (4 ft) from lot line 2 m. (6.5 ft) from lot line |
| Deck - area greater than 4.5 m2 m (48 sq ft) higher than 0.83 m (2.7 ft) from grade. Refer to Section 8.19-swimming pools | Rear, side and flankage yards | 1.5 m. (5 ft) from lot line |
| Step - area less than 4.5 m? (48 sq ft) and wheelchair ramp (covered or uncovered) | any yard | 1.2 m (4 ft) from lot line |
## Section 13 Special Setback Standards
| Special Setback Standards | Special Setback Standards | |
|--------------------------------------|---------------------------------------------|-------------------------------------------------------------------------|
| Any use or street R.O.W. in any zone | abutting wetland and watercourse | setbacks: 15 m (49.2 ft) for any buildings; 5 m (16.4 ft) for a street |
| Any use or street R.O.W. in any zone | abutting CO zone | setbacks: 15 m (49.2 ft) for any buildings; 15 m (49.2 ft) for a street |
| Any use in any zone | abutting street R.O.W. planned for widening | see section 8.16 for special setbacks |
## Section 14 Zoning Map Overlays
## 14.1 Restricted Use Permits
| Permit Number | Restricted Use | | Zone Issued Date | PID | Civic Address |
|-----------------------------------|------------------|------------|--------------------|----------------------------|-----------------|
| Parking Lot | R3 | 2019-05-22 | 303909 | 316 Court St | 2019-4-0052 |
| Medical Office | M1 | 2021-06-22 | 1136779 | 100 Industrial Cr | 2021-5-0188 |
| School Premise | M1 | 2021-06-22 | 1136779 | 100 Industrial Cr | 2021-5-0189 |
| Retail Store | A | 2021-09-20 | 1081520 | | 272 All Weather Hwy | 2021-8-0304 |
| Garden Suite | A | 2021-11-03 | 72397 | 705 Water St East | 2021-9-0350 |
| Light Construction Company | C2 | 2022-10-04 | 584524 | 19 Lorne AV | 2022-9-0332 |
| Light Construction Company | C2 | 2022-10-04 | 995506 | 19 Lorne Av | 2022-9-0333 |
| Shelter (Men) | | 2022-11-21 | 310730 | 287 Winter St | 2022-10-0359 |
| Spa Service w/cosmetic production | M1 | 2023-01-17 | 538884 | 105 Industrial Cr | 2022-12-0399 |
| Retail Store/Medical Office | R4 | 2023-06-19 | 301259 | 433 Water St | 2023-4-0134 |
| Emergency Housing Shelter | | 2024-01-15 | 1030303 | 25 Frank Mellish St | 2023-12-0416 |
| Retail Store | R4 | 2024-08-19 | 1173798 | 480 Central St | 2024-6-0255 |
| Home Care Facility (6 rooms) | C2 | 2025-03-04 | 319244 | 248 MacEwen Rd | 2025-1-0020 |
| Dormitory | C2 | 2025-04-02 | 486423 | 601 Read Dr | 2025-1-0021 |
## 14.2 Holland College Buffer
Notwithstanding the maximum height requirements established in the development standards for the applicable zones, apartment buildings and commercial/residential buildings in the buffer area identified on the map below shall have a maximum height of 4 storeys unless a higher standard is provided for in an applicable zone table.
Map 14.2 Holland College Buffer
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## LAND USE ZONES AND DEVELOPMENT STANDARDS
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## Low Density Residential (R1) Zone
- 15.1 The purpose of the Low Density Residential (R1) zone is to accommodate a range of housing types, including accessory dwelling units, on larger lots. This zone provides for limited compatible uses. Up to four dwelling units are permitted on each lot.
## Number of Dwelling Uses on a Lot
- 15.2 Up to four dwelling units are permitted on each lot. Accessory dwelling units may be part of the total dwelling units on a lot subject to section 8.24.
## Permitted Uses
- 15.3 Subject to bylaw requirements, the following uses shall be permitted:
| R1 Zone - Permitted uses | R1 Zone - Permitted uses | R1 Zone - Permitted uses |
|-------------------------------------------------|---------------------------------------------------|----------------------------------------|
| accessory building | duplex dwelling | garden suite (subject to section 8.24) |
| row house: up to 4 row house units per building | secondary suite (subject to section 8.24) | semi-detached dwelling |
| single detached dwelling | town house: up to 4 town house units per building | |
## Conditional Uses
- 15.4 Subject to Development Officer approval:
| R1 Zone - Conditional Uses | R1 Zone - Conditional Uses |
|------------------------------|-------------------------------------------------|
| home based business | tourism establishment: vacation rental property |
## Development Standards
- 15.5 (R1) zone: The following development standards shall apply in the Low Density Residential
- 15.6 All new row houses and town houses shall be designed and built in a manner that is compatible with the surrounding area, giving consideration to matters such as building height and streetscape.
| R1 zone | R1 zone | Min. Lot Area | Min. Lot Depth | Min. Lot Min. Min. Min. Max. Width | Front Yard | side Yards | Rear Yard | Height | Min. Flankage Yard |
|--------------------------------------------------------------|-----------|-----------------|------------------|--------------------------------------|--------------|--------------|-------------|----------|----------------------|
| Single detached dwelling/duplex dwelling/ row house dwelling | m | 690 | 30 | 23 | 6 | 2.5 | 5 | 10.5 | 4 |
| Single detached dwelling/duplex dwelling/ row house dwelling | f | 7,427.1 | 98.4 | 75.5 | 19.7 | 8.2 | 16.4 | 34.4 | 13.1 |
| Semi-detached dwelling (each unit) | m | 345 | 30 | 11.5 | 6 | 2 | 5 | 10.5 | 4 |
| Semi-detached dwelling (each unit) | | 3,713.5 | 98.4 | 37.7 | 19.7 | 6.6 | 16.4 | 34.4 | 13.1 |
| Town house (interior units) | | | | 6 | 6 | NA | 5 | 10.5 | 4 |
| Town house (interior units) | | 1395 30 1,937.5 | 98.4 | 19.7 | 19.7 | NA | 16.4 | 34.4 | 13.1 |
| Town house (end units) | m | 240 | 30 | | 6 | 2 | 5 | 10.5 | 4 |
| Town house (end units) | f | 2,583.3 | 98.4 | | 19.7 | 6.6 | 16.4 | 34.4 | 13.1 |
## Low Density Mixed Residential (R2) Zone
- 16.1 The purpose of the Low Density Mixed Residential (R2) zone is to accommodate a range of housing types, including accessory dwelling units, as permitted uses. This zone provides for compatible uses. Up to four dwelling units are permitted on each lot.
## Number of Dwelling Units on a Lot
- 16.2 Up to four dwelling units are permitted on each lot subject to compliance with development standards in 16.6. Accessory dwelling units may be part of the total dwelling units on a lot subject to section 8.24.
## Permitted Uses
- 16.3 Subject to bylaw requirements, the following uses shall be permitted:
| R2 Zone - Permitted uses | R2 Zone - Permitted uses | R2 Zone - Permitted uses |
|-------------------------------------------------|---------------------------------------------------|----------------------------------------|
| accessory building | duplex dwelling | garden suite (subject to section 8.24) |
| row house: up to 4 row house units per building | secondary suite (subject to section 8.24) | semi-detached dwelling |
| single detached dwelling | town house: up to 4 town house units per building | |
## Discretionary Uses
- 16.4 Subject to Council approval, the following uses may be permitted:
| R2 Zone - Discretionary Uses | R2 Zone - Discretionary Uses |
|--------------------------------|--------------------------------|
| boarding house | social services agency |
| tourism establishment: B&B* | |
## Conditional Uses
- 16.5 Subject to Development Officer approval:
| R2 Zone - Conditional Uses | R2 Zone - Conditional Uses |
|------------------------------|-------------------------------------------------|
| home based business | tourism establishment: vacation rental property |
## Development Standards
- 16.6 The following development standards shall apply in the Low Density Mixed Residential (R2) zone:
- a. For boarding houses, social service agencies and tourism establishments, the single detached dwelling standards shall apply.
- 16.7 All new row houses and town houses shall be designed and built in a manner that is compatible with the surrounding area, giving consideration to matters such as building height and streetscape.
| R2 zone | R2 zone | Min. Lot Area | Min. Lot Depth | Min. Lot Width | Min. Front Yard | Side Yards | Rear Yard | Min. Min. Maximum Min. Height | Flankage Yard |
|--------------------------------------------------------------|-----------|-----------------|------------------|------------------|-------------------|--------------|-------------|---------------------------------|-----------------|
| Single detached dwelling/duplex dwelling/ row house dwelling | m | 630 | 30 | 21 | 6 | 2 | 5 | 10.5 | 4 |
| Single detached dwelling/duplex dwelling/ row house dwelling | | 6,781.3 | 98.4 | 68.9 | 19.7 | 6.6 | 16.4 | 34.4 | 13.1 |
| Semi-detached dwelling (each unit) | m | 315 | 30 | 10.5 | 6 | 2 | 5 | 10.5 | 4 |
| Semi-detached dwelling (each unit) | f | 3,390.6 | 98.4 | 34.4 | 19.7 | 6.6 | 16.4 | 34.4 | 13.1 |
| Town house (interior units) | m | 180 | 30 | 6 | 6 | NA | 5 | 10.5 | 4 |
| Town house (interior units) | | 1,937.5 | 98.4 | 19.7 | 19.7 | NA | 16.4 | 34.4 | 13.1 |
| Town house (end units) | m | 225 | 30 | 7.5 | 6 | 1.5 | 5 | 10.5 | 4 |
| Town house (end units) | f | 2,421.9 | 98.4 | 24.6 | 19.7 | 4.9 | 16.4 | 34.4 | 13.1 |
## Medium Density Residential (R3) Zone
- 17.1 The purpose of Medium Density Residential (R3) zone is to accommodate a range of housing types and compatible uses.
## Permitted Uses
- 17.2 Subject to bylaw requirements, the following uses shall be permitted:
| R3 Zone - Permitted uses | R3 Zone - Permitted uses | R3 Zone - Permitted uses |
|---------------------------------------------------|----------------------------------------------------------------|-------------------------------------------------|
| accessory building | apartment building: up to 4 dwelling units per building | duplex dwelling |
| garden suite (subject to section 8.24) | manufactured home: mobile home lawfully existing prior to 1999 | row house: up to 6 row house units per building |
| secondary suite (subject to section 8.24) | semi-detached dwelling | single detached dwelling |
| town house: up to 6 town house units per building | | |
## Discretionary Uses
- 17.3 Subject to Council approval, the following uses may be permitted:
| R3 Zone - Discretionary Uses | R3 Zone - Discretionary Uses | R3 Zone - Discretionary Uses |
|---------------------------------------------------|--------------------------------------------------------|----------------------------------------------|
| boarding house | nursing care facility: community care and nursing home | rooming house |
| row house: up to 8 row house units per building | social services agency | tourism establishment: tourist home and inn* |
| town house: up to 8 town house units per building | | |
## Conditional Uses
- 17.4 Subject to Development Officer approval:
| R3 Zone - Conditional Uses | R3 Zone - Conditional Uses |
|------------------------------|---------------------------------------------------------|
| home based business | tourism establishment: B&B and vacation rental property |
## Development Standards
- 17.5 The following development standards shall apply in the Medium Density Residential (R3) zone:
- a. For boarding houses, social service agencies and tourism establishments, the standards for single detached dwellings shall apply.
- 17.6 All new row house and town house buildings subject to discretionary approval shall be designed and built in a manner that is compatible with the surrounding area, giving consideration to matters such as building height and streetscape.
| R3 zone | R3 zone | Min. Lot area | Min. Lot depth | Min. Lot Width | Min. Min. Front Side yard | yards | yard | Min. Max. Rear height | |
|------------------------------------------------------|------------|--------------------|------------------|------------------|-----------------------------|------------|------------|-------------------------|--------------------|
| Infill Lot | Infill Lot | Infill Lot | Infill Lot | Infill Lot | Infill Lot | Infill Lot | Infill Lot | Infill Lot | Infill Lot |
| Single detached dwelling/duplex dwelling | m | 480 | 30 | 16 | 6 | 1.5 | 5 | 10.5 | |
| Single detached dwelling/duplex dwelling | ft | 5,166.7 | 98.4 | 52.5 | 19.7 | 4.9 | 16.4 | 34.4 | |
| Semi-detached dwelling (each unit) | m | 240 | 30 | 8 | 6 | 1.5 | 5 | 10.5 | |
| Semi-detached dwelling (each unit) | ft | 2,583.3 | 98.4 | 26.2 | 19.7 | 4.9 | 16.4 | 34.4 | |
| Townhouse (interior units) | m | 150 | 30 | 5 | 6 | NA | 5 | 10.5 | |
| Townhouse (interior units) | ft | 1,614.6 | 98.4 | 16.4 | 19.7 | NA | 16.4 | 34.4 | |
| Townhouse (end units) | | 195 | 30 | 6.5 | 6 | 1.5 | 5 | 10.5 | |
| Townhouse (end units) | ft | 2,099.0| 98.4 | | 21.3 | 19.7 | 4.9 | 16.4 | 34.4 | |
| Row house/Apartment building/nursing care facilities | m | 540 | 30 | 18 | 6 | 1.5 | 6 | 10.5 | |
| Row house/Apartment building/nursing care facilities | f | 5,812.5 | 98.4 | 59.1 | 19.7 | 4.9 | 19.7 | 34.4 | |
| Corner Lot | Corner Lot | Corner Lot | Corner Lot | Corner Lot | Corner Lot | Corner Lot | Corner Lot | Corner Lot | Min. Flankage Yard |
| Single detached dwelling/duplex dwelling | m | 525 | 30 | 17.5 | 6 | 1.5 | 5 | 10.5 | 3 |
| Single detached dwelling/duplex dwelling | ft | 5,651.1 | 98.4 | 57.4 | 19.7 | 4.9 | 16.4 | 34.4 | 9.8 |
| Semi-detached dwelling (each unit) | m | 330 | 30 | 11 | 6 | 1.5 | 5 | 10.5 | 3 |
| Semi-detached dwelling (each unit) | ft | 3,552.1 | 98.4 | 36.1 | 19.7 | 4.9 | 16.4 | 34.4 | 9.8 |
| Townhouse (end unit) | m | 285 | 30 | 9.5 | 6 | 1.5 | 5 | 10.5 | 4 |
| Townhouse (end unit) | ft | 3,067.7 | 98.4 | 31.2 | 19.7 | 4.9 | 16.4 | 34.4 | 13.1 |
| Row house/Apartment building/nursing care | m | 630 | 30 | 21 | 6 | 1.5 | 6 | 10.5 | 6 |
| facilities | ft | 6,781.3 | 98.4 | 68.9 | 19.7 | 4.9 | 19.7 | 34.4 | 19.7 |
## Medium Density Narrow Lot Residential (R3r) Zone
- 18.1 The purpose of Medium Density Narrow Lot Residential (R3r) zone is to accommodate a range of housing types on narrower lots. Compatible uses are accommodated. Up to four dwelling units are permitted on each lot.
## Number of Dwelling Uses on a Lot
- 18.2 Up to four dwelling units are permitted on each lot. Accessory dwelling units may be part of the total dwelling units on a lot subject to section 8.24.
## Permitted Uses
- 18.3 Subject to bylaw requirements, the following uses shall be permitted:
| R3r Zone - Permitted uses | R3r Zone - Permitted uses | R3r Zone - Permitted uses |
|---------------------------------------------------|----------------------------------------------------------------|-------------------------------------------------|
| accessory building | apartment building: up to 4 dwelling units per building | duplex dwelling |
| garden suite (subject to section 8.24) | manufactured home: mobile home lawfully existing prior to 1999 | row house: up to 4 row house units per building |
| secondary suite (subject to section 8.24) | semi-detached dwelling | single detached dwelling |
| town house: up to 4 town house units per building | | |
## Conditional Uses
- 18.3 Subject to Development Officer approval:
| R3r Zone - Conditional Uses | R3r Zone - Conditional Uses |
|-------------------------------|-------------------------------|
| home based business | |
## Development Standards
- 18.4 The following development standards shall apply in the Medium Density Narrow Lot Residential (R3r) zone:
- a. Any property zoned R3r shall be required to install underground utility services.
| R3r zone | R3r zone | Min. Lot area | Min. Lot depth | Min. Lot Width | Min. Front yard | Side yards yard | Rear | Min. Min. Max. | Min. height Flankage Yard |
|------------------------------------------------------------------------|-------------|-----------------|------------------|------------------|-------------------|-------------------|-------------|------------------|-----------------------------|
| Infill Lots | Infill Lots | Infill Lots | Infill Lots | Infill Lots | Infill Lots | Infill Lots | Infill Lots | Infill Lots | Infill Lots |
| Single detached dwelling/Duplex dwelling | m | 318 | 30 | 10.6 | 6 | 1.5 | 5 | 10.5 | |
| Single detached dwelling/Duplex dwelling | ft | 3,422. 9 | 98.4 | 34.8 | 19.7 | 4.9 | 16.4 | 34.4 | |
| Semi-detached dwelling (each unit) | m | 225 | 30 | 7.5 | 6 | 1.5 | 5 | 10.5 | - |
| Semi-detached dwelling (each unit) | ft | 2,421. 9 | 98.4 | 24.6 | 19.7 | 4.9 | 16.4 | 34.4 | - |
| Town house (interior unit) | m | 150 | 30 | 5 | 6 | NA | 5 | 10.5 | - |
| Town house (interior unit) | f | 1,614. 6 | 98.4 | 16.4 | 19.7 | NA | 16.4 | 34.4 | -- |
| Town house (end units) | m | 195 | 30 | 6.5 | 6 | 1.5 | 5 | 10.5 | |
| Town house (end units) | ft | 2,099. | 98.4 | 21.3 | 19.7 | 4.9 | 16.4 | 34.4 | -- |
| Apartment building/Row house | m | 450 | 30 | 15 | 6 | 1.5 | 5 | 10.5 | - |
| Apartment building/Row house | ft | 4,843. 8 | 98.4 | 49.2 | 19.7 | 4.9 | 16.4 | 34.4 | |
| Corner Lots | Corner Lots | Corner Lots | Corner Lots | Corner Lots | Corner Lots | Corner Lots | Corner Lots | Corner Lots | Corner Lots |
| Single detached dwelling/Duplex dwelling/Apartme nt Building/Row house | m | 450 | 30 | 15 | 6 | 1.5 | 5 | 10.5 | 3 |
| Single detached dwelling/Duplex dwelling/Apartme nt Building/Row house | ft | 4,843. 8 | 98.4 | 49.2 | 19.7 | 4.9 | 16.4 | 34.4 | 9.8 |
| Semi-detached dwelling (each unit) | m | 270 | 30 | 9 | 6 | 1.5 | 5 | 10.5 | 3* |
| Semi-detached dwelling (each unit) | ft | 2,906. 3 | 98.4 | 29.5 | 19.7 | 4.9 | 16.4 | 34.4 | 9.8 |
| Town house (end unit) | m | 240 | 30 | 8 | 6 | 1.5 | 5 | 10.5 | 3* |
| Town house (end unit) | ft | 2,583. 3 | 98.4 | 26.2 | 19.7 | 4.9 | 16.4 | 34.4 | 9.8 |
- 18.5 All new row house, town house and apartment buildings shall be designed and built in a manner that is compatible with the surrounding area, giving consideration to matters such as building height and streetscape.
## High Density Residential (R4) Zone
- 19.1 The purpose of High Density Residential (R4) zone is to accommodate a range of higher density housing types and compatible uses.
## Permitted Uses
- 19.2 Subject to bylaw requirements, the following uses shall be permitted:
| R4 Zone - Permitted uses | R4 Zone - Permitted uses | R4 Zone - Permitted uses |
|----------------------------|----------------------------------------|--------------------------------------------------------|
| accessory building | apartment building | boarding house |
| duplex dwelling | garden suite (subject to section 8.24) | nursing care facility: community care and nursing home |
| rooming house | row house | secondary suite (subject to section 8.24) |
| semi-detached dwelling | single detached dwelling | social services agency |
| town house | | |
## Discretionary Uses
- 19.3 Subject to Council approval, the following uses may be permitted:
| R4 Zone - Discretionary Uses | R4 Zone - Discretionary Uses |
|---------------------------------------------|--------------------------------|
| tourism establishment: tourist home and inn | |
## Conditional Uses
- 19.4 Subject to Development Officer approval:
| R4 Zone - Conditional Uses | R4 Zone - Conditional Uses |
|------------------------------|---------------------------------------------------------|
| home based business | tourism establishment: B&B and vacation rental property |
## Development Standards
- 19.5 The following development standards shall apply in the High Density Residential (R4) zone:
- a. For single detached dwellings, semi-detached dwellings, duplex dwellings, town house and row house, the standards of the Medium Density Residential (R3) standards shall apply.
2. The Development Officer may only permit single detached dwellings:
- i. as infill along an existing street where existing uses are residential; or
- ii. where lot shape, size, or other characteristics preclude other uses.
- C. For boarding houses, social service agencies and tourism establishments, the standards for a single detached dwelling in the Medium Density Residential (R3) standards shall apply.
6. For apartment buildings and nursing care facilities, the following standards shall apply:
| R4 zone | R4 zone | Min. Lot area | Min. Lot depth | Min. Lot Width | Min. Min. Front Side yard | yards | Min. Rear yard | Min. Flankage Yard |
|------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Apartment building/nursing care facility | m | 900 | 30 | 30 | 6 | 4 | 4 | 5 |
| Apartment building/nursing care facility | ft | 9,687.5| 98.4 | | 98.4 | 19.7 | 13.1 | 19.7 | 16.4 |
| Maximum Building Height | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. |
| Lot Coverage | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. | A maximum lot coverage of 35% shall apply. |
| Density Bonus | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. | Bonus of 20% on total number of units provided that a minimum of 75% of the requirement parking is located underground or at grade within the main building footprint. |
## Manufactured Home Park Residential (R5) zone
- 20.1 The purpose of this zone is to provide for manufactured home parks.
## Permitted Uses
- 20.2 Subject to Bylaw requirements:
| R5 Zone - Permitted Uses | R5 Zone - Permitted Uses | R5 Zone - Permitted Uses |
|----------------------------|------------------------------------------|----------------------------|
| accessory building | manufactured home: mobile home/mini-home | park (private) |
## Conditional Uses
- 20.3 Subject to a Development Officer approval:
| R5 Zone - Conditional Uses | R5 Zone - Conditional Uses |
|------------------------------|------------------------------|
| home based business | |
## Site Plan Requirements
- 20.4 New and expanded manufactured home park developments shall be developed in accordance with a site plan approved by the Development Officer, showing manufactured home spaces or surveyed lot lines, other park uses, and internal road layouts, all in conformity with applicable development standards.
## Development Standards
- 20.5 a. The minimum lot size for a manufactured home park is 1 ha (2.47 ac).
- b. Each individual manufactured home space or manufactured home lot shall conform with the following standards:
| R5 zone | R5 zone | Lot area | Lot depth | | Lot Width | Front yard | Side Yards | yard | height Yard | Rear Max. Flankage |
|---------------------------|-----------|------------|-------------|--------------------|--------------|--------------|--------|---------------|----------------------|
| Single- Wide (less | m | 360 | 30 | 12 | 4.5 | 3 | 4.5 | 4.5 | 4.5 |
| than 4m unit width) | ft | 3,875.0 | 98.4 | 39.4 | 14.8 | 9.8 | 14.8 | 14.8 | 14.8 |
| Double- Wide | m | 450 | 30 | 15 | 4.5 | 3 | 4.5 | 4.5 | 4.5 |
| (more than 4m unit width) | ft | 4843.8 | 98.4 | 49.2 | 14.8 | 9.8 | 14.8 | 14.8 | 14.8 |
- c. The layout of a manufactured home park with manufactured home spaces or manufactured home lots shall conform with the following standards:
- il. all service roads shall be a minimum of 11 m (36 ft) wide with a minimum paved portion of 6 m (19.6 ft);
- i. each shall front onto a paved service road connecting to a street R.O.W., or in exceptional circumstances, directly onto a street R.O.W.;
- ili. each shall have a stable hard surface for parking and connection to the service road pavement;
- iv. all manufactured homes shall have service connections to water and sewer laterals serving the park, but no home shall be sited over such a lateral; and
- V. a private park shall be set aside in each manufactured home park, computed on the basis of 18 m? (193.7 sq ft) for each manufactured home space or parkland cash in-lieu calculated as per the Summerside Subdivision & Site Development Bylaw SS-19.
- d. Each manufactured home shall be installed in conformity with the following standards:
8. wheels shall be removed;
9. placement of the unit shall comply with Z-240 provisions of the Canadian Standards Association (CSA);
- ili. the entire undercarriage of each unit shall be skirted with opaque material; and
- iv. steps and/or landings shall be provided to all entrances.
## Comprehensive Development Area (CDA) Zone
- 21.1 The purpose of this zone is to facilitate innovative developments for realizing the best use or mix of compatible uses of particular sites.
## CDA Zone
- 21.2 Developments in the CDA Zone may include the following as appropriate to the development site and surrounding area:
- a. mixes of residential, commercial, institutional, parkland, special or conservation uses;
- mixes of housing types and densities; and
- c. innovative development concepts such as cluster, zero lot line, flag lot and integrated residential/recreational layouts.
- 21.3 Review and approval of developments in the CDA Zone shall be as follows:
- b. Developments in other CDA areas shall be subject to Council's approval.
- Developments of the Connector Districts shall be subject to approval by the Development Officer; and
## Development Standards
- Development standards may be tailored in each CDA area to meet the needs of innovative development concepts and particular site conditions. Some flexibility respecting alternative servicing methods may be permitted, provided their performance meets or exceeds that which would be achieved by engineering standards normally applied under the Summerside Subdivision Bylaw & Site Development Bylaw SS-19.
## Minimum CDA Zoning Requirements
- A development application for a CDA area may be approved, provided:
- that the requirements of the CDA Connector Districts or approved comprehensive development plan can be met; and
- the proposed development of the site is consistent with Official Plan policies.
## Application Procedures
- 21.6 With the exception of the Connector Districts, the procedures for an application for a CDA development or for a change in designation and zoning to CDA shall be as follows:
- a. A CDA official plan and zoning amendment shall only be considered on the basis of a comprehensive development plan for the entire site, which shall be considered approved upon approval of the designation and zoning in accordance with the procedures set out in section 5.10 of this Bylaw;
- b. For areas already zoned for CDA for which a comprehensive development plan has not been approved, the development of a CDA area may only proceed through an application for approval of a comprehensive development plan for the entire site, in accordance with the procedures set out in section 5.10 of this Bylaw;
- C. Notwithstanding a) and b) above, where development will be phased over a period of time, Council may initially approve a general concept plan for the entire site, and then may approve a more detailed comprehensive development plan for each separate phase of development, which shall each be required to follow the procedures set out in section 5.10 of this Bylaw;
- d. All development within a CDA site shall comply with the approved comprehensive development plan for the site, as well as with any applicable requirements of this Bylaw and of other City and provincial regulations; and
- e. The Development Officer may approve technical revisions to a Councilapproved comprehensive development plan respecting minor changes to the siting of buildings or lot lines which do not impact on the plan's overall integrity. All other proposed plan revisions shall be referred to Council for their approval or denial.
## Application Requirements
- 21.7 An application for a comprehensive development plan or for a development application in a Connector District shall be in a form acceptable to the Development Officer, and shall include the following information:
- a. boundaries of the site;
- proposed land uses, including any parkland dedications;
- proposed subdivision and road layouts;
- d. proposed building sites and massing;
- e. proposed types, densities and numbers of buildings;
- proposed development standards;
- g. proposed servicing concepts; and
- h. any other information required by the Development Officer.
## Park Levies
- 21.8 In the case of a residential subdivision within a CDA, park levies shall normally apply as under the Summerside Subdivision & Site Development Bylaw SS-19.
## Connector District Permit Review Process
- 21.9 Application for all developments in the Connector District shall be reviewed in accordance with the guidelines and standards in Section 5 of this Bylaw and Summerside Official Plan 2018; Building Bylaw CS-31; and Subdivision & Site Development Bylaw Ss-19.
- 21.10 Minor variances of up to 10% may be approved by the Development Officer in accordance with Section 7 of this Bylaw. Variances of more than 10% will not be allowed, except in cases where the Building Codes Act or safety requirements apply.
- 21.11 All applications in the Connector District shall follow the site plan approval process and shall be accompanied by:
- a. A site plan and conceptual grading plan drawn to scale and stamped by a landscape architect or engineer showing all buildings, entries, driveways, parking areas, walkways, stormwater features, fences, walls, landscape beds, trees and other important site information and dimensions and noting conformance with the zone standards in each zone;
- A stormwater management plan shall be prepared by a licensed professional engineer and shall be subject to approval by the City;
- C. Architectural plans prepared by a registered architect indicating compliance with the specific design requirements of the zones in this Bylaw including:
- i. height, streetwall height and setbacks/stepbacks pursuant to each zone;
- ii. building elevations and articulation on all sides including signage and lighting;
- ili. notes on building material intentions;
- iv. building floor plans;
- V. a perspective rendering of the building showing context and/or 3d sketchup model;
- vi. a servicing schematic prepared by a registered engineer to demonstrate that every building can be properly serviced; and
- Any other information the Development Officer may require to determine compliance with the zone requirements.
- 21.12 The Development Officer may waive the requirement to supply the information in section 21.11 if they deem it is not pertinent to the application.
## Connector Districts
- 21.13 The area shall be divided into three Connector Districts identified on Map 21.1: Connector Nodes, Connector Corridor, and Connector Transition, as follows:
- a. Connector Nodes (#1)
- b. Connector Corridor (#2)
- C. Connector Transition (#3)
Map 21.1 Connector Districts
<!-- image -->
## Land Uses by Districts
## 21.14 Subject to bylaw requirements, the following uses shall be permitted:
| Connector Nodes - Permitted Uses COMMERCIAL | alcohol manufacturer: brew bakery | |
|-----------------------------------------------|--------------------------------------------------|-------------------------------------------------------------------------------------|
| bank/financial institution | bus terminal | cannabis retail store |
| Child care centre | dry cleaner: outlet | farmers/fishers market |
| fitness centre | food store: convenience and liquor store grocery | |
| office: business/professional and medical | personal service shop | pool hall |
| private club | restaurant: dining room, take-out | retail store: small and large |
| service centre | tavern/bar/lounge | tourism establishment: tourist home, inn, motel/hotel, and vacation rental property |
| video arcade | | |
| RESIDENTIAL ancillary residence | commercial/residential building | |
| INSTITUTIONAL community centre | cultural/interpretative centre | emergency services facility |
| entertainment facility | office: government | place of worship |
| public library, museum, and gallery | recreation facility | School, post-secondary |
| OTHER | | |
| Park | | |
| Connector Corridor - Permitted Uses | Connector Corridor - Permitted Uses | Connector Corridor - Permitted Uses |
|---------------------------------------|----------------------------------------|--------------------------------------------------------|
| RESIDENTIAL | RESIDENTIAL | RESIDENTIAL |
| accessory building | apartment building | boarding house |
| duplex dwelling | garden suite (subject to section 8.24) | nursing care facility: community care and nursing home |
| rooming house | row house | secondary suite (subject to section 8.24) |
|---------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|
| semi-detached dwelling | social services agency | town house |
| COMMERCIAL | COMMERCIAL | COMMERCIAL |
| commercial/residential building with commercial uses compatible with residential uses | commercial/residential building with commercial uses compatible with residential uses | commercial/residential building with commercial uses compatible with residential uses |
| child care centre | | |
| INSTITUTIONAL | INSTITUTIONAL | INSTITUTIONAL |
| community centre | cultural/interpretative centre emergency services facility | |
| entertainment facility | office: government | place of worship |
| public library, museum, and gallery | recreation facility | School, post-secondary |
| OTHER | OTHER | OTHER |
| park | | |
## Connector Transition - Permitted Uses
Uses permitted in the R3 zone
- 21.15 Notwithstanding the table of permitted uses in the Connector Corridor district, the Development Officer may also permit single detached dwellings:
- a. as infill along an existing street where existing uses are residential; or
- where lot shape, size, or other characteristics preclude other uses.
## Conditional Uses
- 21.16 Subject to Development Officer approval:
| Connector Corridor and Connector Transition Districts - Conditional Uses | Connector Corridor and Connector Transition Districts - Conditional Uses |
|----------------------------------------------------------------------------|----------------------------------------------------------------------------|
| | home based business |
## Development Standards
- 21.17 Except where otherwise specified in this Part, the following development standards shall apply in the Comprehensive Development Area (CDA) zone:
- a. for single detached dwellings, semi-detached dwellings, duplex dwellings, town house and row house, the standards of the Medium Density Residential (R3) standards shall apply;
- b. for boarding houses, social service agencies and tourism establishments, the standards for a single detached dwelling in the Medium Density Residential (R3) standards shall apply; and
- c. for all other uses, the following shall apply:
| Connector Districts | | Lot area | Lot depth | Lot Width | Min Front Side yard | Yard | yard | Rear Flankage Yard |
|-----------------------------|--------------------|--------------------|--------------------|--------------------|-----------------------|--------------------|--------------------|----------------------|
| Residential, | El | 930 | n/a | 30 | 6 | 4* | 6* | 5* |
| institutional, or mixed use | ift | 10,010.5 | n/a | 98.4 | 19.7 | 13.1* | 19.7* 16.4 | |
| Commercial | | 465 | n/a | 15 | 7.5 | 3 | 6 | 5 |
| Commercial | | ft 5,005.3 | n/a | 49.2 | 24.6 | 9.8 | 19.7 | 16.4 |
| * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 | * Subject to 21.20 |
## 21.18 Subject to section 21.17, the following standards shall apply in the Connector Districts:
| Standards | District #1 Connector Nodes | District #2 Connector Corridor | District #3 Connector Transition |
|-----------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------|------------------------------------|
| Building Form | Building Form | Building Form | Building Form |
| Blank walls at street level | Maximum of 5m (16.4 ft) linear | Maximum of 5m (16.4 ft) linear | Maximum of 5m (16.4 ft) linear |
| Building height (minimum) | Minimum of two storeys or height of abutting buildings. | n/a | n/a |
| Building height (maximum) | Maximum of 6 storeys as of right or 10 storeys subject to Council approval. Exception: for any building within 100m of any main dwelling existing as of September 1, 2024, maximum height shall be 4 storeys. | Maximum of 6 storeys as of right or 10 storeys subject to Council approval, subject to 21.20 | Maximum of 3.5 storeys |
| Development Standards | Development Standards | Development Standards | Development Standards |
| Parking | No minimum parking requirements | No minimum parking requirements | No minimum parking requirements |
| Site Planning | Building siting and design to respond to specific site conditions and opportunities as identified by the Development Officer, including: prominent intersections, corner lots, sites framing important view corridors where identified in the Official Plan. | n/a | n/a |
|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Landscaping | - Landscaped strip for at least 50% of the street frontage - Landscaped strip at least 3m wide along the rear and side property lines. The top surface of ny portion of a ndergrounc parking garage which extends beyond the building footprint shall be landscaped. | Landscaped strip for at least 50% of the street frontage Landscaped strip at least 3m wide along the rear and side property lines. - The top surface of any portion of an underground parking garage which extends beyond the building footprint shall be landscaped. | - Landscaped strip for at least 50% of the street frontage - Landscaped strip at least 3m wide along the rear and side property lines. The top surface of any portion of an underground parking garage which extends beyond the building footprint shall be landscaped. |
| Screening | Site elements such as storage, shipping and loading areas, transformers and meters, bay doors and garbage receptacles shall be screened from adjacent streets Garbage holding areas should be contained within | Site elements such as storage, shipping and loading areas, transformers and meters, bay doors and garbage receptacles shall be screened from adjacent streets - Garbage holding areas should be | Site elements such as storage, shipping and loading areas, transformers and meters, bay doors and garbage receptacles shall be screened from adjacent streets - Garbage holding areas should be |
| buildings or, if adjacent to a building, be designed with adequate screening. In no case should large garbage containers be left exposed to the street. These areas are to be properly ventilated, enclosed behind operable doors and equipped for full sanitary management. | contained within buildings or, if adjacent to a building, be designed with adequate screening. In no case should large garbage containers be left exposed to the street. These areas are to be properly ventilated, enclosed behind operable doors and equipped for full sanitary management. | contained within buildings or, if adjacent to a building, be designed with adequate screening. In no case should large garbage containers be left exposed to the street. These areas are to be properly ventilated, enclosed behind operable doors and equipped for full sanitary management. |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
- 21.19 The Development Officer may allow exception(s) to the development standards, except where City or Provincial regulations/acts require otherwise.
## Apartment Buildings or Commercial/Residential Buildings Abutting R1, R2, or R3 Zones
- 21.20 Where an apartment building or Commercial/Residential building abuts an existing R1, R2, or R3 residential zone:
- a. Subject to 21.20(b), building height in the Connector Corridor shall be limited to 4 storeys, except where storeys above the 4th storey step back at a 45 degree angle at the base of the fifth storey;
- b. Building height on all lots in the Connector Corridor abutting a lot containing an existing residential building on or before September 1, 2024 shall be limited to four (4) storeys;
- C. The minimum abutting side yard depth shall be 10 m (33 ft) and the minimum abutting rear yard depth shall be 15 m (49 ft);
- d. There shall be no outside storage or garbage storage in any yard abutting a residential zone. Any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone.
## Parking and Access
- 21.21 Development in the Corridor District shall provide a welcoming pedestrian environment with parking, access and other service functions to remain primarily in/off of the street so as not to conflict with pedestrian-oriented street activity and active transportation networks.
- 21.22 Except where accommodations are necessary to reflect the parcel shape or topography, the following shall apply:
- a. Single-detached dwellings, duplex dwellings, semi-detached dwellings, town house dwellings, and row house dwellings: driveway parking may be located between the front of the building and the public street. Shared off-street parking shall not located between the front of the building and the public street; and
- b. all other uses: off-street surface parking shall be located behind or underneath buildings at grade. Off-street surface parking located between the front of the building and the public street is not allowed.
## Resort District - 535 MacKenzie Drive
- 21.23 All permitted use developments within the Resort District shall be subject to approval by the Development Officer while discretionary uses shall be referred to Council for a decision.
- 21.24 Application for all developments in the Resort District shall be reviewed in accordance with the guidelines and standards in Section 5 of this Bylaw and Summerside Official Plan 2018; Building Bylaw CS-31; and Subdivision & Site Development Bylaw SS-19.
- 21.25 The area shall be divided into two Resort Districts identified on Map 21.2 as Resort District #1 and Resort District #2, as follows:
Map 21.2 Resort District
<!-- image -->
## Definitions
- 21.26 Golf Course means an area of land designed for playing golf with a series of 9 or 18 holes, each including tee, fairway and putting green and one or more natural or artificial hazards. The Golf Course may have accessory uses and developments that include, but are not limited to, a main golf club building, ancillary buildings and structures, infrastructure and related services, and equipment and signage used to assist with the operation and maintenance of the golf course.
## Permitted Uses
21.27 Subject to bylaw requirements, the following uses shall be permitted:
| Resort District #1 - Permitted Uses | Resort District #1 - Permitted Uses | Resort District #1 - Permitted Uses |
|---------------------------------------|---------------------------------------|---------------------------------------|
| RESIDENTIAL | | |
| accessory building | apartment building | row house |
| town house | | |
| Resort District #2 - Permitted Uses | Resort District #2 - Permitted Uses | |
| RESIDENTIAL | | |
| accessory building | apartment building | duplex dwelling |
| duplex dwelling | row house | single detached dwelling |
| OTHER | | |
| accessory building | convention facilities | golf course |
| recreation facility | restaurant | tavern/bar/lounge |
| tourism establishment | | |
## Development Standards
The following development standards shall apply in the Resort District - 535 MacKenzie Drive:
- 21.28 For single detached dwellings, semi-detached dwellings, duplex dwellings, town house and row house, the standards of the Medium Density Residential (R3) standards shall apply;
- a. For apartment buildings the standards of the High Density Residential (R4) standards shall apply;
- For convention facilities, golf course, recreation facility, restaurant, and tavern/bar/lounge, the standards shall be determined on an individual basis by the Development Officer;
- 21.29 Tourism establishments shall adhere to Section 9.4 - Tourism Establishments.
- 21.30 Swimming pools, spas, and hot tubs
- a. shall be permitted as an accessory use in Resort District #2.
- b. Shall adhere to Section 8.19 - Swimming Pool, Spas and Hot Tubs.
- 21.31 Notwithstanding Section 8.9, more than one main building is permitted on a lot.
## Health and Learning District - 232 Simmons Ave
- 21.32 All permitted use developments within the Health and Learning District - 232 Simmons Ave shall be subject to approval by the Development Officer while discretionary uses shall be referred to Council for a decision.
- 21.33 Application for all developments in the Health and Learning District - 232 Simmons Ave shall be reviewed in accordance with the guidelines and standards in Section 5 of this Bylaw and Summerside Official Plan 2018; Building Bylaw CS-31; and Subdivision & Site Development Bylaw SS-19 and any amendments thereto.
- 21.34 The area shall be divided into two Health and Learning Districts identified on Map 21.3 as District #1 and District #2. The location, size and shape of the districts in Map 21.3 are approximate. Minor adjustments to account for technical matters may be considered to the satisfaction of the Development Officer.
## Permitted Uses
- 21.35 Subject to bylaw requirements, the following uses shall be permitted in Health and Learning District #1:
- 21.36 Subject to bylaw requirements, the following uses shall be permitted in Health and Learning District #2:
| Health and Learning District #1 - Permitted Uses COMMERCIAL | Health and Learning District #1 - Permitted Uses COMMERCIAL | Health and Learning District #1 - Permitted Uses COMMERCIAL |
|---------------------------------------------------------------|---------------------------------------------------------------|---------------------------------------------------------------|
| accessory building | child care centre | commercial/residential |
| INSTITUTIONAL | | |
| accessory building | medical office | school, post-secondary |
| school premises | | |
| Health and Learning District #2 - Permitted Uses RESIDENTIAL | Health and Learning District #2 - Permitted Uses RESIDENTIAL | Health and Learning District #2 - Permitted Uses RESIDENTIAL |
|----------------------------------------------------------------|----------------------------------------------------------------|----------------------------------------------------------------|
| accessory building | accessory dwelling unit (subject to section 8.24) | apartment building |
| boarding house | duplex dwelling | nursing care facility: community care and nursing home |
| rooming house | row house | semi-detached dwelling |
| town house | | |
## Conditional Uses
- 21.37 Subject to Development Officer approval, the following uses shall be conditional in District #2:
| Health and Learning District #2 - Conditional Uses | Health and Learning District #2 - Conditional Uses |
|------------------------------------------------------|------------------------------------------------------|
| home based business | tourism establishment: vacation rental property |
## Development Standards
- 21.38 Development of 232 Simmons Ave District #1, the following standards shall apply
- 21.39 Development of 232 Simmons Ave District #2, the R3 District standards shall apply, with the exception of the Apartment Building, where the R4 standards apply.
- a. For factory constructed buildings, see additional standards in Section 8.10
| Health and Learning District #1 | | Lot area | Lot depth | Lot width | Front yard | Side Yards | Rear yard | Flankage Yard |
|-----------------------------------|----|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|
| | m | 690 | 0 | 23 | 6 | 3 | 6 | 5 |
| | ft | 7,427.2 | | 75.4 | 19.7 | 9.8 | 19.7 | 16.4 |
| Maximum Building Height | | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. | Maximum building height shall be 6 storeys except where otherwise approved by Council. |
## General Standards
21.40
- a. Parking for District #1 shall be calculated as follows:
- b. Parking for District #2 shall be calculated per Section 10.5.
3. 21.41 Notwithstanding 21.40 (above) parking for District #1 may be accommodated on a separate parcel where
4. the parcels are directly adjacent to each other, and
- b. a form of pedestrian walkway connects the two parcels.
- i. Child Care Centre: 1 space/employee + 1 drop off space per classroom.
- ii. Residential uses: 1 space/dwelling unit
- ili. Medical Office: 1 space/employee + 2 spaces/treatment room
This does not apply to accessible parking spots. Accessible parking spots for uses within District #1 must be accommodated on the subject parcel.
- 21.42 All portions of the lot not covered by structures, parking, or traffic circulation areas shall be landscaped.
- a. Landscaping may include but is not limited to grass, plants, shrubs, sod, and trees.
- 21.43 Notwithstanding Section 8.9, more than one main building is permitted on a lot within this CDA - Health and Learning District - 232 Simmons Ave.
Map 21.3 Health and Learning Districts
<!-- image -->
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## Downtown - (D) Zone
## 22.1 Purpose
The purpose of this zone is to accommodate a mix of downtown uses of a commercial, residential, institutional, and a waterfront nature, which mutually benefit from their proximity to each other in a central City location and, together, promote a cohesive community focus.
## 22.2 Downtown Design Guidelines and Standards (DDG)
Urban design is the comprehensive and cohesive combination of buildings, streets, and open spaces, and has as its objective the creation of memorable public spaces. The essence of good urbanism is determined by the relationship between the public and private realmbetween buildings and public open spaces --at street level. Buildings, streets, and other public open spaces scaled for human comfort and use are essential to the creation of a functional, aesthetically rich and vibrant downtown. As such, building frontages are among the strongest determinants of the character and quality of the downtown.
The Summerside Urban Core Plan (UCP) establishes a clear long-range vision for the next 30 years+ with the downtown as a highly sustainable, livable, and unique urban place that is the cultural, civic and social heart of Summerside. The overall intent of the Downtown Urban Design Guidelines should help implement parts of this vision over the next five years.
The overall intent of the Urban Design guidelines and standards can be boiled down into the following three key approaches:
- STREETSCAPE PUBLIC REALM: Build to (or close to) the front property line. Do not locate off-street surface parking between the front face of a building and the fronting public street or between a building and the waterfront.
- VITALITY: Ensure a public realm that is active, attractive and transparent street frontages. Incorporate continuous frontages, a significant amount of glazing and avoid blank walls along streets to create vitality and "eyes on the street" . Orient entrances and building facades towards sidewalks and other pedestrian areas along streets.
- HUMAN-SCALE: Incorporate architectural features, details, and site design elements that are humanly proportioned and support pedestrian activity for buildings. This also includes attractive view corridors that connect with our waterfront creating an active pedestrian network of streets and waterfront boardwalk.
## 22.3 Connectivity: Enhancing the Pedestrian Network
## Overview
The City of Summerside has a distinct but intact foundation of good urban design due to its grid street layout.
## Guidelines
- New development or redevelopment on large sites, incorporate pedestrian linkages that support existing streets and open space network, including a portion of the Confederation Trail downtown.
- ii. Where large blocks are unavoidable, provide publicly accessible mid-block pedestrian and bike pathways.
- ili. Increase pedestrian connections to the waterfront and residential neighbourhoods to create more route options and direct connections for pedestrians and cyclists.
## 22.4 Streetscape: Public Realm
## Overview
Public streets require visual and structural definition. They should have clear boundaries or "street walls" that create the feeling of an outdoor room. Therefore, new buildings should be sited and designed to positively frame and define streets and public view corridors to the waterfront.
## Guidelines
- i. Minimize the distance buildings are set back from the sidewalk or street r-o-w to create good street definition and a sense of enclosure.
- ii. Parking should not be located between the front of a building and the public sidewalk or street r-o-w. Locate parking behind, underneath or where necessary, the side yard of the building.
- ili. Build ground floor commercial uses up to the front property line so that a continuous commercial street frontage and positive street definition are maintained. A setback may be considered where there are features that benefit the pedestrian experience, or to align with the building setback from an adjacent building.
- iv. Residential apartment buildings entrances should front towards public streets.
- v. Establish a minimum street-wall for new buildings at public streets.
- vi. New developments with tall buildings (over 4 storeys in height) should step back at a 45 degree angle at the base of the fifth storey in Historic Water Street Downtown Core District #1.
- vii. Site and design buildings to respond to specific site conditions and opportunities, including: prominent intersections, corner lots, sites framing important waterfront view corridors.
## 22.5 Street Vitality: Creating Active Building Frontage
## Overview
Street vitality is achieved by ensuring active and transparent building frontages along public streets. Active frontages can be achieved by locating building entrances frequently along and at or near the sidewalk edge. Transparency is when interior uses are visible from -- and can even spill out onto-the (public) sidewalk, such as sidewalk dining patios and when the use of public space is visible from inside buildings to allow for casual surveillance.
Therefore, windows and entrances for residential and commercial uses should be designed and located to be inviting, engaging, sociable, and to provide "eyes on the street."
## Guidelines -- COMMERCIAL AND MIXED-USE BUILDINGS
- i. Provide pedestrian access to storefronts and businesses from the public street.
- ii. On corner sites, develop street-facing façades for both streets. Design front elevations with pronounced entrances oriented to the corner and/or primary streets.
- iii. Ensure that storefronts are transparent. Clear site lines from inside buildings to open public spaces should allow for casual surveillance of the street and sidewalk, and store interiors should be visible from the street.
- iv. Continuous commercial uses shall be provided at street level along Water Street.
- v. Commercial entries tend to be public, and residential entries tend to be private. Accordingly, residential entrances should be architecturally differentiated from business entrances in mixed-use buildings.
- vi. Avoid expansive blank walls (over 5 m/16.4 ft in length) adjacent to public streets. When blank walls are unavoidable, use of an appropriate design treatment is encouraged. Incorporate walls into a patio or sidewalk café space.
- vii. New developments regardless of the district are not to exceed four stories in height where the property is adjacent residential land use.
## Guidelines-- RESIDENTIAL BUILDINGS
- i. Site and orient apartments to overlook public streets, greenspaces, walkways, and communal spaces, while ensuring the security and privacy of residents.
- ii. Residential entries should be clearly visible and identifiable from the fronting public street to make the building more approachable and create a sense of association amongst neighbors.
- iii. Set back residential apartment buildings from streets by a minimum of 2 m (6.5 ft).
- iv. A landscaped transition zone and greater setbacks in between the entryway and public sidewalk should be considered with high traffic volumes for developments north of Heather Moyse Drive.
## 22.6 Parking and Access
## Overview
A welcoming pedestrian environment is critical to the quality and character of the downtown streets and open spaces, particularly along retail frontages. Therefore, it is important that parking, access and other service functions remain primarily in/off of the street so as not to conflict with pedestrian-oriented street activity.
## Guidelines
- i. Locate off-street surface parking behind or underneath buildings at grade. Offstreet surface parking located between the front of the building and the public street is not allowed
- ii. Off-street surface parking it should be located to the rear of the building with parking access from Central Street, Spring Street or Granville Street.
- iii. Off-street parking located between a building and the waterfront should be avoided.
- iv. If unavoidable, off-street surface parking located in the front yard of a building and adjacent to a public sidewalk in the Port District #2 may be acceptable provided these areas are properly screened from sidewalks and other active open spaces. This includes using materials that provide a visual buffer while still allowing clear visibility into the parking areas to promote personal safety and security.
- v. Locate public on-street parking at the curb to provide convenient and easy access to commercial and residential entrances.
- vi. No off-street parking is required for commercial, industrial and institutional land uses.
- vii. Residential apartment units will require on-site parking at a ratio of 0.5 (half) space per unit.
## 22.7 Height and Massing
## Overview
The intent of the following guidelines is to reduce the visual mass of large buildings, and to ensure sensitive transition from new development or redevelopment to adjacent buildings, open spaces view corridors to the waterfront.
## Guidelines
- i. Break up the mass of large buildings to reduce their visual impact at the pedestrian realm and to create variation along the street. This can be achieved by incorporating minor visual breaks in building façades using vertical setbacks and upper-storey step-backs for buildings higher than 4 stories.
- ii. Limit the visual mass of building façades to lengths of 75 m (246 ft) or less, parallel to public street frontages.
- ili. A minimum and maximum building height will be maintained for buildings in all districts.
- iv. Maximum building heights may be up to 10 stories, except where buildings are adjacent to residential land uses, where a maximum height of 4 stories is allowed to be compatible with existing residential homes.
- v. Encourage appropriate spacing of tall buildings to ensure adequate daylight, skyline, and views for residents.
- vi. An interesting and varied roof form is encouraged.
- vii. Special height requirements may apply in District #1- Historic Water Street Downtown Core for buildings higher than four stories in the following cases:
Transitional Height Plan - Buildings 4 storeys or higher in height should step back at the fifth storey by a 45 degree transitional height plane as shown on the drawing.
Figure 22.1 Transitional Height
<!-- image -->
Bonus Heights - A bonus height may be permitted in exchange for providing specific public benefits. A public benefit may be provided in another Downtown zone district from the development. Developments that propose a demolition of a designated and/or nondesignated heritage resource will not be eligible for a bonus height. All bonus height proposals shall be reviewed by Heritage Planning Board and approved by Council.
Proposals for height bonus may be permitted if the developer provides one or more of the following public benefits:
- Adaptive reuse, maintenance, preservation, or enhancement of a heritage resource whether designated or non-designated.
- The provision of public art, urban greenspace, plaza, boardwalk, or other facility where a deficiency exists or as indicated by the City. This may be provided in other districts.
- Substantial façade improvements along Water Street that significantly enhance the vitality of the heritage district.
## 22.8 View Corridors to Waterfront
## Overview
to the waterfront. The intent of the following guidelines is to ensure attractive view corridors and open spaces
## Guidelines
- i. An attractive skyline shall be maintained as viewed from the waterfront.
- ii. Development shall frame key view corridors from Water Street to the waterfront rather than block them.
- iii. To preserve key view corridors at Granville Street (Water Street to the waterfront boardwalk) all new buildings shall not be located in the 12m (39.3 ft) view corridor.
- iv. View corridors shall be maintained at the terminus of public streets to the waterfront, other than parking lots, an access lane or archway.
- v. Providing connections to the boardwalk and greenspace, to enhance public access to the waterfront, should be conditions of new development.
- vi. A Visual Impact Assessment may be required from a qualified professional to the satisfaction of the Development Officer to assess a proposed development impacts on view corridors to the waterfront.
Map 22.8 View Corridors
<!-- image -->
## 22.9 Exterior Cladding Materials
## Overview
The intent of the following guidelines is to ensure building materials used in new construction is of very good quality, so they will one day become heritage buildings of the future.
## Guidelines
- i. Materials use for the front façade facing the public street should be carried around the building where any facades are exposed to public view at the side or rear.
- ii. Changes in materials should not generally occur at building corners, except flankage lot at intersection of streets;
- ili. Building materials recommended for new construction include brick, stone, glass, in-situ concrete and pre-cast concrete.
- iv. In general, the appearance of building materials should be true to their nature and should not mimic other materials.
The following external cladding materials are not permitted on all sides of a building visible from public streets:
- V. Unpainted or unstained bare wood, including pressure-treated wood, is prohibited as a building material for permanent decks, balconies, patios, verandas, porches, railings and other similar façade treatments, except these guidelines shall not apply to seasonal sidewalk cafes.
- vi. Vinyl siding, plastic, plywood, plain concrete block, stucco, metal siding with exposed fasteners.
- vii. Tinted or mirrored glass is prohibited at street level to allow transparency from outside and inside a building, but is allowed at second and higher stories.
## 22.10 Permit Review process
Application for all developments in the Downtown Zone shall be reviewed in accordance with the guidelines and standards in Section 22 of this Bylaw and Summerside Official Plan 2018; Building Bylaw CS-31; Subdivision & Site Development Bylaw SS-19; and Heritage Bylaw SS-20.
Minor variances of up to 10% may be approved by the Development Officer in accordance with Section 7 of the zoning bylaw. Variances of more than 10% will not be allowed, except in cases where the Building Codes Act or safety requirements apply. Applications shall be consistent with Transportation Association of Canada (TAC) standards.
## 22.11 Urban Core Districts
The Area shall be divided into four Downtown Cores Districts identified on Map 22.2: Urban Core Districts
- Historic Water Street Downtown Core District #1;
- Port Core District #2;
- Downtown Mixed Use Core District #3;
- Neighbourhood Core District #4.
Map 22.11 Urban Core Districts
<!-- image -->
## 22.12 Land Uses by Districts
| Permitted Uses - Districts #1, #3, #4 COMMERCIAL | Permitted Uses - Districts #1, #3, #4 COMMERCIAL | Permitted Uses - Districts #1, #3, #4 COMMERCIAL |
|---------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------|----------------------------------------------------|
| accessory building | alcohol manufacturer: brew pub; ferment on premises and micro- brewery | bakery |
| bank/financial institution | bus terminal | cannabis retail store |
| child care centre | dry cleaner: outlet | farmers/fishers market |
| fitness centre | flea market | food store: convenience and grocery |
| liquor store | marina | office: business/professional and medical |
| personal service shop | pool hall | private club |
| restaurant: dining room, take- out | retail store: small and large | service centre |
| shopping centre | tavern/bar/lounge | taxi station |
| tourism establishment: tourist | video arcade home, inn, motel/hotel, and vacation rental property | | |
| RESIDENTIAL | RESIDENTIAL | RESIDENTIAL |
| ancillary residence | apartment building | boarding house |
| commercial/residential building | nursing care facility: community care and nursing home | social services agency |
| INSTITUTIONAL | INSTITUTIONAL | INSTITUTIONAL |
| community centre | cultural/interpretative centre | emergency services facility |
| entertainment facility | office: government | place of worship |
| public library, museum and gallery | recreation facility | school, post-secondary |
| utility facility | | |
| INDUSTRIAL | | |
| boat loading/unloading facility | industry: light industrial | | wharf or pier |
| OTHER | | |
| Permitted Uses - District #2 COMMERCIAL | Permitted Uses - District #2 COMMERCIAL | Permitted Uses - District #2 COMMERCIAL |
|---------------------------------------------|-------------------------------------------|-------------------------------------------|
| farmers/fishers market | marina | parking area and parking indoor |
| retail store: small and large | restaurant: dining room, take-out | tavern/bar/lounge |
| INDUSTRIAL | | |
| boat loading/unloading facility | fish processing facility | industry: light industrial |
| marine sales/repairs | navigational aides | outdoor storage area |
| storage facility: warehouse | wharf or pier | |
| Discretionary Uses - District #2 COMMERCIAL | | |
| tavern/bar/lounge | | |
## 22.13 Lot Standards
Staff may allow exception(s) to the development standards, except where City or Provincial regulations/acts require otherwise.
| D zone | | Lot area | Lot depth | Lot width | Front yard Street r-o- | Side Yards yard | Rear | Max. height | Flankage Yard |
|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|--------------------------------------------------------------------------|
| Downtown Design Area | m | 465 | n/a | 15 | | - | - | - | - |
| Downtown Design Area | ft | 5005.3 | n/a | 49.2 | - | - | - | - | |
| - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below | - See special standards and maximum height provisions in the Table below |
## 22.14 Factory Constructed Buildings
For factory constructed buildings, see additional use standards in Section 8.10
## 22.15 Development Standards Table
| Standards | Standards | District #1 Historic Water Street -Downtown Core) | District #2 Port Core | District #3 Mixed Use Core | District #4 Neighborhood Core |
|---------------|--------------------------------------------------------|----------------------------------------------------------------------------------------|-------------------------------------------------------------|-----------------------------------------------------------------------------------|-------------------------------------------------------------------|
| | Administration | | | | |
| 1 | Heritage Planning Board review | All developments in Heritage District overlay zone. All permit types. | n/a | n/a | Within Heritage District overlay zone. Demolitions reviewed only. |
| 2 | Planning Board review | All developments in Heritage District overlay zone. All permit types. | n/a | Building less than three storeys | Discretionary uses |
| 3 | Council review | All developments in Heritage District overlay zone. All permit types. | n/a | Building less than three storeys | Discretionary uses |
| 4 | Staff review | All developments | All developments | All developments | Staff + Heritage Planning Board for demolition |
| Building Form | Building Form | Building Form | Building Form | Building Form | Building Form |
| 5 | Building Materials (See prohibited list all districts) | Keeping with heritage character of Water Str. True to form & not mimic other materials | Complimentary with the type of land use and overall general | High quality building materials compatible with the area. | High quality buildings materials compatible with the area. |
| 6 | Blank walls at street level | Maximum of 5m (16.4 ft) linear | Maximum of 5m (16.4 ft) linear | Maximum of 5m (16.4 ft) linear | Maximum of 5m (16.4 ft) linear |
| 7 | First floor height | Commercial uses 4.5m (14.7 ft) | n/a | Commercial uses 4.5m (14.7 ft) | Commercial uses 4.5m (14.7 ft) |
| 8 | Building height | Minimum of two storeys or height of abutting buildings | Minimum of one storey | Minimum of three storeys. May be less than three storeys at Council's discretion. | Minimum of two storeys |
| Standards | Standards | District #1 Historic Water Street -Downtown Core) | District #2 Port Core | District #3 Mixed Use Core | District #4 Neighborhood Core |
|-------------|----------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------|---------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------|
| 9 | Building height | Maximum of four storeys, except 5 to 10 storeys may be permitted. See Section 22.7 vii. transitional height plane & density bonus | Maximum of ten storeys | Maximum of ten storeys | Maximum of ten storeys, after fourth storey, step back each storey 1:1 ratio for storeys 5-10 abutting residential zone. |
| 11 | Street wall height | Four storeys | n/a | n/a | n/a |
| | Land Uses | | | | |
| 12 | Street level land uses | Retail, office, restaurants, commercial. No residential units at street level. | Where possible Encourage keep industrial to waterside away from Heather Moyse Drive. | mixed uses. Can be residential only such as apartments. | Mixed land uses including commercial, retail, offices and residential. |
| | Development Standards | | | | |
| 14 | Building placement | Zero lot line, with some exceptions at staff discretion, eg sidewalk patios, steps, etc. | Port uses are encouraged to be setback more than 2m (6.5 ft) from Heather Moyse Driver-o-w | Maximum 2m (6.5 ft) | Maximum 2m (6.5 ft) |
| 15 | Building placement from high water mark or seawall | n/a | Minimum of 5.5m (18 ft) or Dept of Env't or Dept of standard if larger | Minimum of 5.5m (18 ft) Env't standards if larger | n/a |
| 16 | Lot width and area | See Section 22.13 | See Section 22.13 | See Section 22.13 | See Section 22.13 |
| Standards | Standards | District #1 Historic Water Street -Downtown Core) | District #2 Port Core | District #3 Mixed Use Core | District #4 Neighborhood Core |
|-------------|-----------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------|
| | 17 Parking | - Parking not allowed between the building and the street. - No requirements for off-street parking. - Residential 0.5 spaces per unit. | Parking can be between a building and street and waterfront for industrial uses | Parking not allowed between the building and the street. - Not required for commercial uses. - Residential 0.5 spaces per unit. | Parking not allowed between the building and the street. - Not required for commercial uses. Residential apartments 0.5 spaces per unit. |
| 18 | Waterfront - Minimum Finished Floor Elevation - FFE | n/a | 3.018m (10 ft) CGVD28 recommended | 3.018m (10 ft) CGVD28 recommended | n/a |
| 19 | Greenspaces | Confederation Trail as linear greenspace | n/a | Refer to City Parks & Green Spaces Secondary Plan | Subdivision & Site Development Bylaw SS-19 |
| 20 | Waterfront boardwalk along water's edge | n/a | Provide a continuous public waterfront boardwalk through Districts #2 & #3 | Provide a continuous public waterfront boardwalk through Districts #2 & #3 | n/a |
| 21 | View corridors | 12m (40 ft)wide- see map | 12m (39.3 ft)wide- see map | 12m (39.3 ft)wide- see map | n/a |
| 22 | Density bonus | See Section (5) Height & Massing | n/a | n/a | n/a |
## Service Commercial (C2) Zone
- 23.1 The purpose of this zone is to provide for large and medium-sized commercial uses which need road frontage for ready vehicular access and advertising exposure.
## Permitted Uses
- 23.2 Subject to Bylaw requirements:
| C2 Zone - Permitted Uses | | |
|------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------|-------------------------------------------------------|
| COMMERCIAL | | |
| accessory building | alcohol manufacturer: brew pub, ferment on premises and micro-brewery | animal care facility: hospital and kennel |
| automobile establishment: body shop, repair shop, sales establishment, service station and washing establishment | bakery | bank/financial institution |
| ilding supply outlet | bus terminal | cannabis retail store |
| child care centre | dry cleaner: outlet | farmers/fishers market |
| fitness centre | food store: convenience and grocery | funeral home |
| industry: office-style | liquor store | office: business/professional and medical |
| parking lot | personal service shop | plant nursery |
| printing/publishing establishment | private club | restaurant: dining room, take-out and drive-through |
| retail store: small and large | service centre | shopping centre |
| storage facility: automobile storage facility, outdoor storage area, self-storage and warehouse | taxi station | tourism establishment: motel/hotel |
| video arcade | | |
| RESIDENTIAL | | |
| ancillary residence | commercial/residential building | residential dwellings lawfully existing prior to 1999 |
| rowhouse | social services agency | townhouse |
| INSTITUTIONAL | | |
| community centre | emergency services facility | entertainment facility |
| office: government | place of worship | public library, museum and gallery |
| school, post-secondary | | |
## Discretionary Uses
## 23.3 Subject to Council approval:
| C2 Zone - Discretionary Uses | C2 Zone - Discretionary Uses | C2 Zone - Discretionary Uses |
|----------------------------------------------|--------------------------------|--------------------------------|
| COMMERCIAL crematorium - accessory use | flea market | tavern/bar/lounge |
| tourism establishment: tourist home and inn, | pool hall | |
| INSTITUTIONAL utility facility | | |
## Conditional Uses
## 23.4 Subject to a Development Officer approval:
| C2 Zone - Conditional Uses | C2 Zone - Conditional Uses | C2 Zone - Conditional Uses |
|------------------------------|------------------------------|---------------------------------------------------------|
| RESIDENTIAL | RESIDENTIAL | RESIDENTIAL |
| home based business | secondary suite | tourism establishment: B&B and vacation rental property |
## Development Standards
## 23.5
- a. For commercial use buildings, the following standards shall apply in the Table below.
- b. For existing residential buildings the standards of the R3 zone shall apply.
- c. For existing residential buildings, a Secondary Suite may be permitted.
- d. For Tourism Establishments the standards of the R3 zone shall apply.
- e. For commercial/residential buildings, both the residential and commercial space shall accord with the standards of the R4 zone for apartment buildings.
- f. For institutional uses, the standards of the I zone shall apply.
- g. For factory constructed buildings, see additional standards in Section 8.10
| C2 zone | C2 zone | Lot area | Lot depth | Lot width | Front yard | Side Rear Yards | yard | Max. height | Flankage Yard |
|---------------|-----------|------------|-------------|-------------|--------------|-------------------|--------|---------------|-----------------|
| Commercial | m | 690 | | 23 | 7.5 | 3 | 6 | 14 | 5 |
| use buildings | | ft 7,427.2 | | 75.4 | 24.6 | 9.8 | 19.7 | 45.9 | 16.4 |
## Neighbourhood Commercial (C3) Zone
- 24.1 The purpose of this zone is to provide for small-sized commercial uses that serve the convenience needs of nearby residents and are compatible with residential neighbourhoods.
## Permitted Uses
- 24.2 Subject to bylaw requirements:
| _C3 Zone - Permitted Uses | _C3 Zone - Permitted Uses | _C3 Zone - Permitted Uses |
|--------------------------------------------------------------------------------------|-----------------------------|-----------------------------------------------------|
| COMMERCIAL accessory building | child care centre | Home based business: child care centre, home-based. |
| food store: convenience store | personal service shop | |
| RESIDENTIAL ancillary residence, two maximum (see additional standards in Section 8) | | |
## Discretionary Uses
- 24.3 Subject to Council approval:
| C3 Zone - Discretionary Uses | C3 Zone - Discretionary Uses | C3 Zone - Discretionary Uses |
|--------------------------------------|--------------------------------|--------------------------------|
| COMMERCIAL | COMMERCIAL | COMMERCIAL |
| business/professional office | fitness centre | medical office |
| restaurant: dining room and take-out | | |
| INSTITUTIONAL | INSTITUTIONAL | INSTITUTIONAL |
| utility facility | | |
## Development Standards
24.4
- a. For commercial uses, the standards of the C2 zone shall apply.
- b. For factory constructed buildings, see additional standards in Section 8.10
- c. For Ancillary Uses, see additional standards in Section 8.2
<!-- image -->
## Light Industrial (M1) Zone
- 25.1 The purpose of this zone is to accommodate light industrial and other compatible non-noxious industrial uses, together with some supporting and complementary commercial uses.
## Permitted Uses
- 25.2 Subject to Bylaw requirements:
| M1 Zone - Permitted Uses | M1 Zone - Permitted Uses | M1 Zone - Permitted Uses |
|------------------------------------------|--------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------|
| INDUSTRIAL | | |
| accessory building | alcohol manufacturer: brew- cannabis production facility pub and micro-brewery | |
| construction company: light | food processor | heavy machinery sales/repairs |
| industrial: light | manufactured home construction | marine sales/repairs |
| school, truck driving | storage facility: automobile towing facility | trucking depot |
| COMMERCIAL | | |
| animal care facility: shelter and kennel | automobile: body shop/repair shop/sales establishment | bakery |
| building supply outlet | child care centre | dry cleaner: processor and outlet |
| parking lot | printing/publishing establishment | storage facility: automobile storage facility, outdoor storage area, self-storage and warehouse |
| OTHER | | |
| telecommunication tower | | |
## Discretionary Uses
- 25.3 Subject to Council approval:
| M1 Zone - Discretionary Uses | M1 Zone - Discretionary Uses | M1 Zone - Discretionary Uses |
|--------------------------------|--------------------------------|--------------------------------|
| INDUSTRIAL | INDUSTRIAL | INDUSTRIAL |
| recycling facility | solar energy collector system | wind energy conversion system |
| COMMERCIAL | COMMERCIAL | COMMERCIAL |
| business/professional office | | |
## Development Standards
## 25.4
- a. For industrial uses, the standards in the Table below shall apply.
- b. For commercial uses, the standards of the C2 zone shall apply.
- c. For institutional uses, the standards of the I zone shall apply.
- d. For factory constructed buildings, see additional standards in Section 8.10
| M1 zone | M1 zone | Lot area | Lot depth | Lot width | Front yard | Side Yards | Yard | Rear Max. height | Flankage Yard |
|-----------|-----------|------------|-------------|-------------|--------------|--------------|--------|--------------------|-----------------|
| | m | 1,400 | | 30 | 7.5 | 5 | 6 | 18.5 | 5 |
| | ft | 15,069.6 | | 98.4 | 24.6 | 16.4 | 19.7 | 60.7 | 16.4 |
## Heavy Industrial (M2) Zone
- 26.1 * The purpose on this zone is to accome date moth heavy and light industrial, together
## Permitted Uses
- 26.2 Subject to Bylaw requirements:
| M2 Zone - Permitted Uses | M2 Zone - Permitted Uses | M2 Zone - Permitted Uses |
|----------------------------|-----------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| INDUSTRIAL | INDUSTRIAL | INDUSTRIAL |
| accessory building | cannabis production facility | construction company: light and heavy |
| food processor | heavy machinery sales/repairs | industrial: light |
| recycling facility | salvage yard | storage facility: automobile storage facility; automobile towing facility, bulk fuel depot; bulk storage facility, outdoor storage area, self-storage and warehouse |
| COMMERCIAL | COMMERCIAL | COMMERCIAL |
| parking lot | storage facility: automobile storage facility | |
| OTHER | OTHER | OTHER |
| telecommunication tower | solar energy collector system | wind energy conversion system |
## Discretionary Uses
- 26.3 Subject to Council approval:
| M2 Zone - Discretionary Uses |
|--------------------------------|
| INDUSTRIAL |
| industrial: heavy |
## Special Requirements for Heavy Industries
## 26.4
- a. Council may require applicants for heavy industries to prepare impact assessments identifying:
- i. potential impacts of their proposed development on environmental quality, public health and community infrastructure; and
- ii. measures for adequately mitigating any harmful impacts, including options where appropriate.
- b. Impact assessments shall be undertaken at cost to the applicant and to Council's satisfaction, in accordance with terms of reference (TOR) agreed to in advance by Council.
- c. Council may approve heavy industries subject to incorporation of specific measures for mitigating harmful impacts.
## Development Standards
- 26.5 For heavy industry uses, development standards shall be determined on an individual basis by the Development Officer, but on the applicant's request they may be reviewed by Council for their determination. Any mitigating measures required by Council must be incorporated in the standards.
- a. For all other industrial uses, the standards of the M1 zone shall apply.
- b. For commercial uses, the standards of the C2 zone shall apply.
- c. For institutional uses, the standards of the I zone shall apply.
- d. For factory constructed buildings, see additional standards in Section 8.10.
## Institutional (I) Zone
<!-- image -->
- 27.1 The purpose of this zone is to accommodate institutional buildings for education, health, government, public safety, recreation, culture, and religion.
## Permitted Uses
- 27.2 Subject to Bylaw requirements:
| I Zone - Permitted Uses INSTITUTIONAL | cemetery | child care centre |
|-----------------------------------------|--------------------------------------------------------|------------------------------------|
| community centre | cultural/interpretative centre | hospital |
| office: government | place of worship | public library, museum and gallery |
| school | school, post-secondary | school premises |
| RESIDENTIAL | | |
| ancillary residence | nursing care facility: community care and nursing home | social services agency |
## Discretionary Uses
- 27.3 Subject to Council approval:
| I Zone - Discretionary Uses INSTITUTIONAL | jail/correctional centre | emergency services facility |
|---------------------------------------------|----------------------------|-------------------------------|
| solar energy collector system | utility facility | |
## Development Standards
## 27.4
- c. For social services agencies, the standards of the R1 zone shall apply.
- d. For nursing care facilities, the standards for apartment buildings in Section 19.5 b. shall apply.
- e. For institutional uses, standards shall be determined on an individual basis by the Development Officer, but on the applicant's request they may be reviewed by Council for their determination.
- f. For factory constructed buildings, see additional standards in Section 8.10
<!-- image -->
- 28.1 The purpose of this zone is to accommodate parks and other parkland uses.
## Permitted Uses
- 28.2 Subject to Bylaw requirements
| P Zone - Permitted Uses | P Zone - Permitted Uses | P Zone - Permitted Uses |
|---------------------------|---------------------------|---------------------------|
| accessory building | drainage greenway | greenbelt |
| public park | swimming/wading pool | trail/linear parkway |
## Discretionary Uses
- 28.3 Subject to Council approval
| P Zone - Discretionary Uses |
|-------------------------------|
## Development Standards
- 28.4 Standards shall be determined on an individual basis by the Development Officer, but on the applicant's request they may be reviewed by Council for their determination.
## Special Use (SU) Zone
- 29.1 The purpose of this zone is to accommodate special uses which, because of their particular nature, cannot be easily accommodated within another zone.
## Discretionary Uses
- 29.2 Subject to Council's discretionary approval:
| S Zone - Discretionary Uses accessory building | airfield | Campground |
|---------------------------------------------------|-------------------------------------------------------------------------------------|-------------------------|
| cultural/interpretative centre | gaming establishment | golf course |
| harness racing track and associated horse pasture | meeting facilities/hotel/convention facilities in conjunction with a golf course | private park |
| recreation facility | solar energy collector system | telecommunication tower |
| wind energy conversion system | other special uses as deemed by Council, that are not allowable uses in other zones | |
## Development Standards
## 29.3
- a. Standards shall be determined on an individual basis by the Development Officer, but on the applicant's request they may be reviewed by Council for their determination.
- b. For factory constructed buildings, see additional standards in Section 8.10
<!-- image -->
## Agricultural (A) Zone
- 30.1 The purpose of this zone is for agriculture and directly supporting uses.
## Permitted Uses
## 30.2 Subject to Bylaw requirements:
| Agr Zone - Permitted Uses accessory building | intensive | agricultural use: general and animal care facility: hospital, kennel and shelter |
|------------------------------------------------|--------------------------|------------------------------------------------------------------------------------|
| farm gate outlet | plant nursery | private park |
| residential: small family lot severance | single detached dwelling | telecommunication tower |
## Discretionary Uses
- 30.3 Subject to Council approval:
| Agr Zone - Discretionary Uses | Agr Zone - Discretionary Uses | Agr Zone - Discretionary Uses |
|---------------------------------|---------------------------------|---------------------------------|
| cannabis production facility | solar energy collector system | wind energy conversion system |
## Conditional Uses
- 30.4 Subject to Development Officer approval:
| Agr Zone - Conditional Uses | Agr Zone - Conditional Uses | Agr Zone - Conditional Uses |
|-------------------------------|-------------------------------|-------------------------------|
| home based business | secondary suite | tourism establishment: B&B |
## Development Standards
| Agr zone | Lot area | Lot depth | | Lot width | Front Side yard | Yards | Yard | Rear Flankage Yard | Max. Height |
|------------|------------|-------------|----|-------------|-------------------|---------|--------|----------------------|----------------|
| hectares | 12 | | m | 60 | 6 | 5 | 5 | | |
| acres | 29.7 | | ft | 196.8 | 19.7 | 16.4 | 16.4 | | |
| | | | | | | | | Residential | 10.5m 34.4 ft |
| | | | | | | | | Other | 18.5 m 60.7 ft |
- 30.5 Subject to section 29.5, the following standards shall apply:
The Development Officer may require at his/her discretion that new buildings be sited in manner consistent with the efficient laying out of street ROW's sometime in the future, as if the area was to be developed eventually for urban uses.
## Additional Standards for Intensive Agricultural Uses
- 30.6 The following additional standards shall apply to all new or expanded intensive agricultural uses of buildings or lands:
- a. The Development Officer shall consult the responsible Provincial department regarding manure storage standards and require the applicant to follow such standards.
## Standards for Family Lot Subdivision
30.7 The following standards apply to property owners who wish to accommodate a family need for another single detached dwelling in addition to the existing single detached dwelling on the property, than would be allowable under normal zone standards:
- a. Property owners may apply to the Development Officer to subdivide/ sever one lot, needed to construct a single detached dwelling for a relative of the owner of the property from which the severance will be made.
- b. The area of the newly created family subdivided lot shall not be more than 2 ha. in size, and not less than:
- i. 690 m' (7,427.3 sq ft) for lots connected to City water and sewer services in conformity with section 8.17(c); or
- ii. Applicable Provincial minimum requirements for lots with complete, or partial on-site services, in accordance with section 8.17(c)
- c. The newly created family subdivided lot shall front on a street ROW, or have access to a private right-of-way in accordance with section 8.17(b).
- d. Applications shall be submitted in a format acceptable to the Development Officer with the following information:
- i. description of family need for an additional residential building;
- ii. boundaries of the existing lot proposed for the zoning exception;
- iii. proposed changes to property boundary lines;
- iv. locations of all existing and proposed buildings, private ROW's, driveways, street accesses and lot services; and
- V. any other information required by the Development Officer.
- e. The Development Officer shall review an application and may approve or deny the application, all with consideration of the following performance criteria:
- i. demonstrated family need for an additional residential building;
- ii. minimum loss of lands from current, or potential productive agricultural use;
- iii. minimization of potential residential-agricultural conflicts;
- iv. protection of quality well water supplies;
- V. minimization of number of vehicular accesses onto existing streets;
- vi. sufficient allowances for future streets as may be needed, and
- vii. any other matters as considered relevant.
- f. Any subdivision under this section shall be processed by the Development Officer as a 'minor subdivision' according to the Summerside Subdivision and Site Development Bylaw.
- g. Any approved subdivision under this section which does not lead to subdivision approval within twelve (12) months of Council approval shall be considered null and void and removed from the 'register.'
## Special Standards for City Well Field
- 30.8 See Section 8.22 of this bylaw.
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- 31.1 The purpose of this zone is to conserve areas for limited uses where local environmental conditions are such that they could be hazardous to development and/or vulnerable to damage from development. Development shall comply with the PEI Environmental Protection Act.
## Discretionary Uses
- 31.2 Subject to Council approval:
| CO Zone - Discretionary Uses | CO Zone - Discretionary Uses | CO Zone - Discretionary Uses |
|--------------------------------|---------------------------------------------------------------------------------------------------|-------------------------------------------------------------|
| accessory building | general uses with buildings which do not damage the local buildings or roads which do environment | recreational uses without not damage the local environment. |
| solar energy system | telecommunication tower | Wind Energy Conservation System (WECS) |
## Development Standards
## 31.3
- a. Any development shall comply with the PEI Environmental Protection Act and any regulations issued under it.
## SCHEDULE 'B' Zoning Map
(Zoning Map is updated as map amendments are approved).
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Bylaw Effective Date: January 23, 2025
Consolidated March 25, 2026
## SCHEDULE 'C' Regulations
- Sign Regulations;
- Wind Energy Conversion System Regulations;
- Planning Act Province-Wide Minimum Development Standards Regulations;
- Development Permit Application Fees
- Building deconstruction to allow for reuse of an existing foundation, building reconstruction within the same footprint of the existing building or building reconstruction within the same footprint on a legacy lot.
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## Sign Regulations
## 1.0 General
The signage regulations under this Bylaw shall apply to all new signs and, as applicable, to existing signs. They may be referred to as the 'sign regulations.'
- a. Where these sign regulations are inconsistent with applicable provincial sign regulations, the more stringent regulations shall apply.
- b. No variances or exceptions shall be allowed on any sign regulations.
- c. No person shall erect, place, alter, expand, relocate, replace or continue any sign except in conformity with these sign regulations.
## 2.0 Purpose
The purposes of the sign regulations are to:
- a. Promote effective signage for our community which informs visitors and residents, and manages visual competition between signs.
- b. Promote traffic safety by limiting distractions to drivers and pedestrians.
3. Minimize signs in residential neighbourhoods.
- d. Enhance the City's amenity values as a place to live and to attract tourists and other business development.
## 3.0 Sign Definitions
For the purposes of these regulations, all words carry their customary meaning except those defined here. More important cross-references between definitions are shown by use of italics, including to general definitions in the City of Summerside Zoning Bylaw CS-40 (Rev. 2018).
ABANDONED SIGN means a sign that is no longer active, either on a continuing or seasonal basis, or which carries no advertisement or has missing parts.
ADVERTISING DEVICE means any device or object, including a sign and sign structure, erected or displayed so as to attract public attention to any premise, good, service, facility or event, excluding any prohibited sign.
ANIMATED SIGN means any sign that moves, swings or rotates. An animated sign cannot exceed 2 m? (21.5 sq ft) in sign area.
AWNING means a space-frame system covered with non-rigid materials designed to retract when not in use, which is attached to, and projecting from a building or structure, but not forming an integral part. This definition does not include a canopy.
AWNING SIGN means a sign painted on, or otherwise affixed to, the surface of an awning and such sign does not project out from the awning in any direction.
BANNER means a sign made of light weight fabric or similar material which may be supported by a permanent frame, or by rope, wire, or string, but is not a national, provincial, or municipal flag, or official flag of any institution, or a canopy sign or an awning sign or a window sign.
BUILDING SIGN means a canopy sign, building wall sign, roof sign or integral roof sign.
BUILDING WALL means one of the sides of a building connecting floor/foundation and ceiling/roof.
BUILDING WALL SIGN means a sign attached to, and parallel with a main wall of a building, such that no part of the sign is separated from the main wall by a space of more than 10 cm (4") and does not protrude more than 30 cm (11.8") in total from the main wall, but excluding a banner. (see Figure 1)
CANOPY means a roof-like structure, unenclosed by building walls and designed to provide shelter for goods, materials, equipment, people or vehicles. It may either project outward from a building wall or be freestanding. This definition does not include an awning.
CANOPY SIGN means a sign with a commercial message affixed flat on the surface of a canopy or hanging from the underside of a canopy and does not extend beyond the limits of such canopy. (see Figure 1)
CITY means The Corporation of the City of Summerside
COMMERCIAL MESSAGE means any communication message on a sign that directly or indirectly names, advertises, or calls attention to a business, product, commercial service, sale, sales event, or other commercial activity, offered through either a private business or a publicly-owned/supported entity.
COMMUNITY EVENT SIGN means an advertising device, directional or information sign promoting events conducted and/or sponsored by charitable organizations or community associations.
CONSTRUCTION SITE SIGN means a sign that provides information about the builder and trades and/or the building or structure currently under construction or proposed to be constructed.
CIVIC ADDRESS SIGN means a sign indicating a civic house number and/or the resident's name. A civic address sign may include the residents' name.
DEVELOPMENT PROJECT SIGN means a sign that advertises a proposed development, including a subdivision under construction and may include the name of the project, the name of the contractors, architects, engineers, information and personnel related to the project and shall be removed upon completion of the project.
DIGITAL SIGN means a variable message sign that utilizes static digital computer generated messages involving letters, word and graphics that remain static for a specified time frame and then regenerate to a new image. These signs include digital displays using incandescent lamps, LED's, LCD's, plasma or related technology whereby the message can be altered by electric or electronic means.
DIRECTIONAL SIGN indicates directions to be followed to reach a destination. It may include a logo identifying the place of destination, instructions or warnings for the control of vehicular or pedestrian traffic, and entry and exit signage.
DIRECTORY SIGN means a sign that identifies the occupants of a multi-occupancy building.
ELECTION SIGN means a sign that promotes the election of a political party or a candidate for public office in a federal, provincial or municipal election.
EXISTING SIGN means a sign existing on the effective date of these regulations, unless otherwise provided by these regulations.
GROUND SIGN means a sign of which the entire bottom is directly supported on the ground or, in the case of a 'raised' ground sign, is elevated no more than 0.5 m (1.6 ft) above grade. (see Figure 1)
ILLUMINATED SIGNAGE means direct illumination through any transparent or translucent material from a source of light within a sign, and/or indirect illumination by focusing outside light on a sign.
INTEGRAL ROOF SIGN means a sign attached to, and parallel with a roof; such that no part of the sign is separated from the roof by a space of more than 10 cm (4"). (see Figure 1)
JOINT IDENTIFICATION SIGNAGE means a sign shared by a number of businesses for their individual advertising and/or for collective identification, such as for shopping centres, an entrance sign to an industrial park, or an automobile service station/food store, but excluding an entrance sign to a residential subdivision.
MENU BOARD SIGN means a sign erected as part of a drive-thru facility and used to list products, services and prices in association with a fast food restaurant/retailer business.
MOVABLE SIGN means a sign that is mounted on a frame or a wheeled structure that is designed to be moveable, including any such structure where the wheels have been subsequently removed, but excluding a sandwich sign.
MURAL means an artistic painting, illustration or decoration, which is applied to the exterior wall of a building and which is not, or not intended to be, graffiti or a sign or advertising device as defined in these regulations.
NEW SIGN means an additional sign, or the enlargement, relocation or replacement of any existing sign.
OFF-SITE SIGN means a sign which identifies or directs attention to a business, profession, commodity, service, event or other activity not being conducted, sold or offered on the property on which the sign is located.
PARAPET (including PARAPET WALL) means that portion of a building wall, which rises above the roof level of the structure.
POLE SIGN means a sign supported by one or more uprights, poles, or braces anchored to the ground, but excluding a 'raised' ground sign. A pole sign may be covered by metal or fiberglass cladding to give a solid appearance, but for purposes of this Bylaw will be classified as a 'pole sign' if it exceeds the maximum height allowed for a ground sign in the zone in which it is located. (see Figure 1)
POSTER SIGN means a sign, constructed of a lightweight flexible material, which is secured on an existing support structure, such as a lamp standard, fence, or some other foundation, other than a building.
PROGRESSIVE SIGN means a combination of individual signs, which when acting together convey a complete message.
PROHIBITED SIGN means a sign which is not allowed in any zone.
PROJECTING SIGN means a sign which projects horizontally from the wall of a building to which it is attached, or is suspended from the underside of a building, but excluding a canopy sign or awning sign. (see Figure 1)
PUBLIC SERVICE INFORMATION SIGN means a sign that electronically displays only the local weather, time, temperature and/or date.
READER BOARD means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged. A sign on which the message changes more than 8 times per day shall be considered an animated sign for purposes of this Bylaw.
REAL ESTATE SIGN means a sign that advertises the sale, rent or lease of the property on which it is located and may include a directional sign, which is intended to direct a person to a building or property offered for sale, rental or lease.
RESIDENTIAL SIGN means a sign used for home based business and tourism establishments.
RESIDENTIAL COMMUNITY SIGN means a sign advertising a subdivision, or residential building such as an apartment building, community care facility or government building, without any other commercial message.
ROOF SIGN means a sign erected on or located wholly above the roof of a building. (see Figure 1)
ROTATING SIGN means a sign which mechanically rotates or revolves.
SANDWICH SIGN means a portable sign of 'A' or 'T' frame construction, not permanently anchored to the ground and constructed in a manner, and of such materials, which permit it to be repositioned by an individual without mechanical aid.
SIGN/SIGNAGE both mean any device, fixture, structure, or surface visible to the public that includes any communication message made up from any colour, form, graphic, illumination, symbol or writing, for purposes of announcing the purpose of, or identifying any person or entity, or communicating a commercial message or any other information to the public.
## SIGN AREA means:
1. in the case of any pole sign, the portion of the sign, excluding the supporting structure, borders and frames, upon which, against, or through where the commercial message is displayed or is capable of being displayed.
2. in the case of a sign which is not self-supporting, such as is affixed or painted on a canopy or a wall: the area of the commercial message and any logo.
3. or as otherwise specifically defined in this Bylaw.
SIGNAGE PROPERTY means an area of land used as the basis for computing allowable signs, including any of the following as determined appropriate to the circumstances by the Development Officer:
1. a lot containing one or more buildings;
2. multiple lots containing a building that spans across the lots;
3. multiple lots containing multiple related buildings;
5. any combination of the above.
4. two adjoining lots, one of which accommodates a main building and the other which is undeveloped for any purpose other than a parking lot; or
TEMPORARY SIGN means a sign that is placed for a limited period of time; not permanent.
UNSAFE SIGN means a sign which because of its structural nature or siting is hazardous to public safety.
VEHICLE SIGN means any sign on a vehicle or trailer used primarily as a static advertising display.
WINDOW SIGN means any sign, picture, image, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service located on that lot which is placed inside a window or door window, upon the windowpane or glass and is intended to be visible from the exterior of the window.
Figure 1
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## 4.0 Prohibited Signs
The following signs are prohibited in the City:
| Unsafe Sign | Progressive Sign |
|-----------------|------------------------------------------------|
| Poster Sign | Abandoned Sign |
| Vehicle Sign | Movable Sign (Except permitted Temporary Sign) |
| Animated Sign * | Off-site Sign ** |
- except such non-conforming signs lawfully in place prior to 1999, or such signs specifically allowed under this Bylaw.
- except signs provided under an approved City program for that purpose.
## 5.0 Exempt Signs and Standards
The following signs are allowed without a sign permit, providing they meet the standards in Table 5-1.
TABLE 5-1
| Sign Type | Standards |
|------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Agricultural Sign | In an agricultural zone with a commercial message, not exceeding 3 m? (32.2 sq ft)in sign area |
| Building Wall Sign | in commercial or industrial zones, not exceeding one per lot or 0.75 m' (8 sq ft)in sign area, which may be illuminated |
| Civic Address Sign | Not exceeding 0.4 m? (4.3 sq ft) square meters |
| Community Event Sign | None |
| Construction Site Sign | Sign area 0.5 m' (5.3 sq ft) max. in any residential zone, or 3 m' (32.2 sq ft)in any other zone, sign to be allowed during construction process and removed upon completion of construction. |
| Digital sign | not exceeding 2 m? (21.5 sq ft) in sign area. |
| Directional Sign | Street entrances and exits not exceeding 0.5 m° (5.3 sq ft)in sign area |
| Election Sign | not exceeding 5 m' (53.8 sq ft) in sign area, which shall not be erected prior to the date on which the writ of election is issued and shall be removed within 5 days after the election. |
| Flags | None |
| Other Signs | Other signs, as deemed by the Development Officer, which do not contain a commercial message or are not prohibited signs |
| Projecting Sign | in commercial or industrial zones, not exceeding 0.4 m? (4.3 sq ft) of sign area and which shall not project more than 1 m (3.2 ft)from the building wall, or project over any public sidewalk |
| Real Estate Sign | Sign area 0.5 m' (5.3 sq ft) max. in any residential zone, or 3 m' (32.2 sq ft)in any other zone, sign to be removed within 30 days of the property being taken off the market. |
| Residential Sign | Home Based Business and tourism establishments, not exceeding one per lot and 0.5 m' (5.3 sq ft) in sign area, and constructed to professional standards. Tourism establishment signs may be illuminated. For professional or business Home Based Business, not exceeding 0.2 m' (2.1 sq ft)in sign area for each individual or business named, which may be illuminated. |
| Sandwich Sign | Sign area 0.75 m' (8 sq ft) max. |
| Window Sign | None |
| Yard Sale Sign | for days of the sale, not exceeding 0.4 m' (4.3 sq ft) in sign area |
## 6.0 Permitted Sign Standards
The following signs in Section 6 are allowed with a sign permit, providing they meet
the standards as noted.
## 6.1 Residential Community Sign Standards
A Residential Community Sign cannot exceed 2 m' (21.5 sq ft) in sign area, it may include a company logo up to 15% of the sign area. Such signs shall not be higher than 1 m (3.2 ft) above grade, except when affixed to a building or a fence. The sign may be illuminated.
## 6.2 Commercial Sign Standards
- a. New commercial signs may be allowed subject to a commercial sign permit and the following standards:
2. pole, ground, building and projecting types of commercial signs may be allowed in certain zones and in accordance with maximum sign area and height standards, as shown on Table 6-2 below;
- ii. within one signage property, a maximum may be allowed of one each of commercial pole, ground, building, or projecting signs, up to a total of two signs, except as allowed under section (b) below;
- iii. for purpose of computing allowable numbers of commercial signs, multiple building signs on the same signage property shall be counted as one sign, including any mix of canopy, building wall sign, roof or integral roof signs;
- iv. a reader board is allowed as part, or all of the 'sign area of pole, ground, building wall sign or projecting signs, subject to all standards respecting these types of signs;
- v. one ground or pole sign may be placed at each entrance to an industrial park in addition to individual property signs, subject to all standards respecting these types of signs;
- vi. the maximum sign area standards shown on Table 6-2 may be increased by 25% to accommodate joint identification signage on a pole or ground sign in a C2 zone or industrial zone;
- vii. in any signage property within a commercial or industrial zone where ground and pole signs are both permitted, an additional 25% allowance of sign area is allowable for a ground sign if no pole sign is included in the same signage property; and
- vili. any commercial sign may be illuminated, but signs in a C3 zone may only be illuminated during hours of operation.
## TABLE 6-2
| Commercial Sign Standards Sign types | Commercial Sign Standards Sign types | Commercial Zones | Commercial Zones | Commercial Zones | ] Industrial & Institutional zones |
|----------------------------------------|----------------------------------------|------------------------------------------------------------------------|------------------------------------------------------------------------|------------------------------------------------------------------------|------------------------------------------------------------------------|
| | | D | C2 | C3 | ] Industrial & Institutional zones |
| Pole sign | allowed | Yes | Yes | No | Yes |
| Pole sign | sign area | 5 m? (53.8 sq ft) | 10 mr (107.6 sq ft) | No | 7 m' (75.3 sq ft) |
| Pole sign | height | 6 m (19.6 ft) | 8 m (26.2 ft) | No | 7m (23 ft) |
| Ground Sign | allowed | Yes | Yes | Yes | Yes |
| Ground Sign | sign area | 3 m (32.2 sq ft) | 4 m? (43 sq ft) | 2 m? (21.5 sq ft) | 3 m' (32.2 sq ft) |
| Ground Sign | height | 2 m (6.5 ft) | 2 m (6.5 ft) | 1.5 m (5 ft) | 2 m (6.5 ft) |
| Building Sign | allowed | Yes | Yes | | Yes | Yes |
| Building Sign | sign area | % coverage of building elevation (or equivalent in case of roof signs) | % coverage of building elevation (or equivalent in case of roof signs) | % coverage of building elevation (or equivalent in case of roof signs) | % coverage of building elevation (or equivalent in case of roof signs) |
| Building Sign | | 7.5% | 10% | 7.5% or max of 3 m≥ (32.2 sq ft) | 7.5% |
| Building Sign | height | See Section 10 further below | See Section 10 further below | See Section 10 further below | See Section 10 further below |
| Projecting Sign | allowed | Yes | Yes | Yes | Yes |
| Projecting Sign | sign area | 3m° (32.2 sq ft) | 6 m? (64.5 sq ft) | 2m° (21.5 sq ft) | 6 m' (64.5 sq ft) |
| Projecting Sign | height | See Section 10 further below | See Section 10 further below | See Section 10 further below | See Section 10 further below |
- b. The Development Officer may allow additional pole or ground signs over and above that allowed in section (a) ii as follows:
- i. two or three pole or ground signs on a large commercially-zoned property, or
- c. In computing allowable new commercial signs, the Development Officer will include deductions for any existing commercial signs on the signage property which remain on the signage property.
- ii. one pole or ground sign at each street end of any through-lot or on each street side of any corner lot on any commercially-zoned property, excluding in a C3 zone.
## 7.0 Sign Permit Procedures
- a. Applications for sign permits shall be made to the City by means of a building permit. The Development Officer in conjunction with the Building Officer will review the application. Applications shall be made in a format acceptable and accompanied with the following:
- i. scaled drawings showing the type, number, siting, structural dimensions, sign areas, and general appearance of all proposed signs;
- ii. dimensions and siting of any existing commercial signs within the same signage property, and identification of those which remain on the signage property;
- iii. any other information and documentation required by the Development Officer or Building Officer; and
- iv. payable fees as set out in Schedule 'C' of this Bylaw or the Summerside Building Bylaw.
- b. City staff may approve or deny a sign permit and shall specify the details of allowed signs in approved permits.
- c. Sign Permit approval shall lapse for any sign not in place within 12 months of a sign permit being approved or, in the case of a sign which may be enlarged over time, not substantially in place.
- d. Property owners are responsible for the safe construction and maintenance of all signs on their lots.
## 8.0 Temporary Sign Permit
- a. Subject to a temporary sign permit from the Development Officer, up to two temporary signs may be allowed on a signage property in any commercial or industrial zone for either of the following purposes:
- i. to substitute for permanent signage up to 30 days on one occasion in any 12-month period; or
- ii. to advertise a business opening or closing up to 15 days on one occasion in any 12-month period.
- b. Application for a temporary sign permit shall be made to the Development Officer in a format, required by the City, describing the proposed signs and the period they will be in place.
- c. The Development Officer may approve or deny a temporary sign permit, and shall specify the details of allowed temporary signs and time periods in approved permits.
## 9.0 Computation of Sign Sizes
Sign sizes are computed as follows:
Sign Area - The height of the sign area times the width of the sign area.
Building Wall - The height of the building wall times the length of the units building wall. In the case of a strip mall, the building wall is height of the unit front by length of the unit.
Grade - the vertical distance from grade, exclusive of any berming or mounding added around the sign as compared with surrounding grade levels.
Sign Height - The distance from grade to the top of the sign area or sign structure, whichever is greater.
The Development Officer may approve sign area exceeding the allowable sign area in cases of demonstrated hardship associated with differences due to non-metric sizing, franchise sign standards, utilizing existing sign structure or use of recycled signs.
## 10.0 Additional Sign Standards
All new signs shall comply with the following dimensional standards, as appropriate:
- a. A canopy, including with a sign, or a projecting sign must not extend lower than 2.25 m (7.3 tt) trom grade, or outwards more than 2 m (6.5 ft) from a main wall 1 m (3.2 ft) in the case of a permitted projecting sign). Also, a building wall sign protruding from a main wall shall not extend lower than 2.25 m (7.3 ft) from grade.
- b. No sign shall extend above a roof line of the building on which it is attached, except in the case of a building sign mounted on a parapet wall or a roof sign up to 2 m (6.5 ft)in height.
- c. No sign shall contain visible angle irons or other supports which the Development Officer deems to be unnecessarily unsightly.
- d. The total area of cladding on any side of a pole sign shall not be more than 3 times larger than the approved sign area of the sign.
- e. A digital sign display shall remain static for a minimum of 8 seconds and require "instantaneous" change of the display; i.e. no "fading" in/ out of the message.
- f. All digital sign displays shall come with automatic dimming technology which automatically adjusts the sign's brightness level of 0.3 foot candles (3 Lux) above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area, determined using the following formula: The square root of the product of the sign area, times one-hundred. Example using a 2 m' (21.5 sq ft) sign: Measurement Distance = V (2 m' × 100) = 14 m (46 ft) measuring distance.
- g. The display shall go to dark if there is a malfunction. Video functionality or sound shall not be permitted. The display shall not be used in a manner that would mimic a traffic control device in any way; i.e. shall not contain the words "STOP" or "YIELD" or depict a symbol that resembles a traffic control sign or device.
- h. Digital signage operation, in Neighborhood Commercial and Institutional zoned land, is prohibited.
- Advertising devices may remain for up to 14 days on no more than two occasions in each 12-month period, such as for grand openings and fairs, and which may be illuminated.
## 11.0 Sign Placement Standards
The following placement standards shall apply to all signs, as appropriate:
- a. No sign shall:
- i. be placed on a public sidewalk;
- ii. without limiting the generality of (i), be placed on a street R.O.W, except for City welcoming signage, off-site signs provided under an approved City program for that purpose, public street signs, traffic control signage and signals, approved temporary signs, or ornamental entrance arches as agreed to by Council with any such conditions as may apply.
- ili. extend into an adjoining property;
- iv. obstruct the vision of drivers when turning into streets or around street corners, or detract from the visibility of any traffic signs or signals, or of any other prior-placed City signage;
- V. obstruct an entrance or exit from a door, window or fire escape, or obstruct light or ventilation to a building; and
- vi. obstruct access to any public utility pole, wire, support or attached appurtenance.
- vii. no sign shall be placed within a site triangle.
- b. No privately-owned sign shall extend into a street R.O.W., except that a canopy, projecting or building wall sign may project over a public sidewalk, subject to Section 10.a.
- c. No illuminated pole sign shall be sited within 10m (32.8 ft) of a lot in a residential zone.
## 12.0 Unsafe and Abandoned Signs
- a. Property owners are responsible for the safe construction and maintenance of all signs on their lots.
- b. Without prejudice to section (a), the Development Officer may identify a sign which may be unsafe to the public, either as an adjunct to pursuing his/her normal duties or in response to a concern from a member of the public, and may consequently order the property owner to have such sign repaired to a safe condition or be removed.
- C. The Development or Building Officer may order a property owner to immediately remove any abandoned sign.
- d. Where any property owner does not comply with an order issued under sections (b) or (c), the Development Officer or Building Officer may remove the sign cited in the order at cost to the property owner and the City may take such judicial proceedings as necessary to enforce such a payment.
## 13.0 Non-Conforming Sign
No non-conforming sign shall be altered, expanded, relocated or replaced except in complete conformity with these sign regulations.
## 14.0 Non-Conforming Land Use Sign
The Development Officer may approve or deny commercial sign permits for signs relating to non-conforming land uses, considering impacts on surrounding land uses and comparable sign standards in a zone where the use is allowable.
## 15.0 Fees, Enforcement and Offences
- a. Applications for sign permits are subject to fees in accordance with the Fees as set out on the Regulations.
- b. Sign regulations shall be enforced in accordance with section 5.18.
- c. Any failure to comply with these sign regulations shall be considered an offence under section 5.19.
## 16.0 Off-Site Signage Program
The purpose of the Off-Site Signage Program is to provide a means of promoting local businesses and events, subject to the following objectives, criteria, and conditions.
## a. Objectives:
- i. The City recognizes the need to be able to allow placement of off-site signage, in order to easily identify local facilities, businesses, products and services for residents and tourists.
2. Off-signs should be designed and located in a manner that does not create distractions or safety hazards for pedestrians or motorists, or a danger to the public.
- iii. Off-signs should not adversely affect the use and enjoyment of adjacent public or private property.
- iv. Off-signs should not create unnecessary visual clutter due to their size, number or location.
## b. Criteria:
- i. Whether the sign is compatible with the surroundings in which it is located.
- Whether the sign depicts to the satisfaction of the City appropriate language, messages or graphics. No profanity or offensive messages or graphics shall be permitted.
- ili. Whether the sign is designed, installed, and maintained to meet the sign user needs, while at the same time promoting general public needs and convenience.
- iv. Whether the sign is designed, constructed, installed or maintained in such a manner that it does not endanger public safety or traffic safety.
- V. Whether the sign is readable, and visible in the circumstances in which it is to be used.
- vi. Whether the sign, including its size, height, illumination and location is respectful of other signs already displayed in the area.
- vii. Whether the sign is in compliance with all provisions of city bylaws, including those related to traffic safety, traffic visibility, sign setbacks, and structural integrity.
## c. Conditions:
- i. Digital off-site signs shall only be permitted with an approved signage permit.
- ii. Digital off-site signs are not permitted within a site triangle.
- ili. Permitted sign types: Pole sign and building wall sign.
- iv. 1 km (0.62 miles) minimum distance between signs on the same street, up to a maximum of four (4) signs in the City, with electronic messages.
- V. Maximum sign area of 5 m' (53.8 sq ft).
6. Vi. All digital off-site advertising shall be maintained in accordance with the Signage Regulations of the Zoning Bylaw CS-40.
- vii. Allow off-site advertising for business name identification and location only.
- vili. No digital off-site sign shall be located in any residential zone or be placed within 100 meters (328 ft) of any residential use.
- ix. Digital off-site signs shall be permitted within Downtown (D), Service Commercial (C2) and Industrial (M1 and M2), and may be allowed in Institutional zones, at the discretion of the Development Officer.
- x. Digital display and operation shall be in accordance with Section 10 f. of the Signage Regulations of the City Zoning Bylaw CS-40.
- xi. Enforcement is subject to Section 15 of the Signage Regulations of the Zoning Bylaw CS-40.
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## Wind Energy Conversion System Regulations
## 1.0 Regulations
Wind Energy Conversion Systems (WECS) are subject to the following regulations:
- PEI Electric Power Act, R.S.P.E.I. 1988, Cap.E-4;
- PEI Renewable Energy Act, R.S.P.E.I. 1988 Cap. R-12.1;
- PEI Planning Act Subdivision and Development Regulations, R.S.P.E.I.1988, Cap P8
- PEl Environmental Protection Act, R.S.P.E.I.1988, Cap. E-9 and,
- PEI Electrical Inspection Act, R.S.P.E.I. 1988, Cap.E-3;
- City of Summerside Zoning Bylaw CS-40;
- City of Summerside Subdivision& Site Development Bylaw SS-19.
- City of Summerside Building Bylaw CS-31
## 2.0 Permit Required
All wind driven conversion or power generating facility, windmills and wind turbines, consisting of wind turbine generators, transmission lines and accessory buildings and structures, whether to be connected to any public utility power grid or not, shall require a permit from the City.
## 3.0 Information Requirements
Applications shall contain the following information:
- a. The applicants and property owners name, address and phone number.
- b. Plot plan showing property lines, easements, setback lines and layout of all structures on the lot.
- c. Standard drawings, designed and stamped by a professional, of the structural components of the WECS, including structures, pole or tower, base, footings, guy lines where required, and guy line anchor bases.
- d. The drawing shall include the distance of these components from all property lines.
- e. Wind Energy Conversion Systems (Over 15 Kilowatts); the height of any structure over 10.7 m (35 ft) within a 153 metre (502 ft) radius on-site or off-site of the proposed WECS.
- f. Wind Energy Conversion Systems (Under 15 Kilowatts); the height of any structure 6 m (19.6 ft) or more within a 30 (98.4 ft) radius on-site or off-site of the proposed WECS.
## 4.0 Additional Permits or Certifications
- a. It is the responsibility of the property owner or applicant to contact Transport Canada regarding additional permits.
- b. Environmental Impact Assessment (EIA) may be required by the Province.
## 5.0 Measurements
The following methodology will be used for establishing measurements:
- a. Height will be determined by measuring from grade to the height of the nacelle/hub, plus the length of the blade of the wind turbine.
- b. Distance is measured from the footing at the base of the support tower, or in the case of a single pole structure, from the centre of the base support to the subject dwelling, demarcation, or property line.
## 6.0 Setbacks
## 6.1 Wind Energy Conversion Systems (Over 15 Kilowatts)
- a. Any part of the WECS is prohibited in any required front, flankage, side, or rear setback area.
- b. The WECS shall be located at a distance of at least 4.0 times the height from habitable buildings.
- c. The WECS shall be located no closer than 1.0 times the height from a private/public road, lot line, or ROW. Except for an access road to the site.
- d. The setback from the property lines is required, unless waived by abutting property owners.
## 6.2 Wind Energy Conversion Systems (Under 15 Kilowatts)
These systems are defined as not exceeding 15 Kilowatts and shall be mounted on a roof, wall, or pole. Pole mounted systems are defined as freestanding systems not requiring guy wires for support.
- The pole mounted system shall be located no less than 1.2 times the height from any habitable building on the subject property and 1.2 times the height from any property line.
- b. The pole mounted system shall be located no less than 1.5 times the height from any habitable building on an adjacent property.
- c. Any roof or wall mounted system, requiring guy wire anchors, the guy wires must be a minimum of 1.5 metres (5 feet) from a habitable building or a lot line.
3. The setback from the property lines can be waived if the abutting property owners of those affected properties grant their permission in writing.
## 7.0 Design Requirements
## 7.1 Aesthetics
The WECS shall be designed and placed in such a manner to consider all adverse visual impacts on neighbouring areas, including impacts on the skyline. The colours and surface treatment of the WECS and supporting structures shall minimize disruption of the natural characteristics of the site.
## 7.2 Height
Over 15 kilowatts
- a. The minimum height from the tip of the blade when in its lowest position for a WECS blade shall be at least 9 metres (29.5 feet) above the ground and 12 metres (39.3 feet) above the highest structure or tree.
## Under 15 kilowatts
- b. For a pole mounted system, the proposed height cannot exceed the height recommended by the manufacturer or distributor of the system and must receive the consent of a majority of the adjacent landowners based on a circulation as defined in the City's notification procedures.
- c. The minimum height of the lowest position of the blade on a Pole mounted system shall be 6 m (19.6 ft) above the ground.
- d. Wall or roof mounted systems cannot be more than 1.5 m (5 ft) above the building height.
## 7.3 Fencing, Safety, and Lighting
AlI WECS structures must be unclimbable by design or protected by anti-climbing devices.
## 7.4 Operational Nuisances
- a. Operational noise, as measured by the latest standards of the American Standards Institute, shall not exceed forty-five (45) decibels (dBA), measured at the habitable building, except for temporary construction or maintenance and in no event shall the WECS create a nuisance.
- b. The WECS shall be located avoiding negative impacts of flicker on habitable buildings. Where flicker is unavoidable, the operator shall mitigate negative impacts to the satisfaction of property owners of habitable buildings.
## 7.5 Interference with Telecommunications Signals
- a. The WECS shall be operated such that no disrupting interference is caused. If it is determined that a WECS is causing interference, the operator shall take necessary corrective action to eliminate this interference.
## 8.0 Inoperative WECS Facility
If any WECS remains non-functional or inoperative for a continuous period of one year, the permit holder shall remove said system at their expense within two (2) years of cessation of operations or use, or when the tower structure becomes structurally unsound. Removal of the system includes the entire structure including foundations, transmission equipment, and fencing from the property.
## Planning Act Province-Wide Minimum Development Standards Regulations
PLANNING ACT Chapter P-8
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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:
1. "authority having jurisdiction", ", defined
- (1) In these regulations "authority having jurisdiction" means the Minister responsible for the Planning Act R.S.P.E.l. 1988, Cap. P-8, or in the case of a municipality with ar official plan and bylaws, the municipal council
## 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; 552/11)
## 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 sewad dispo shall be located on the lot such that it will accommodate an on-site
Reduced size
- (3) Notwithstanding the minimum lot size standards set out in Table 1 and Table 2, for inrovided thaoses, a lot may be reduced to a minimum of 10,000 sq. ft. / 929 sq. m.
2. (a) it is serviced by an on-site water supply system and a central sewerage system; and
3. (b) only one additional lot from the existing parcel is created by any proposed subdivision.
## Reduced circle requirement
- (4) Notwithstanding the minimum circle diameter requirements set out in column (f) of
2. (a) the lot is intended for either single unit residential use or non-residential use, and will be serviced by on-site water and sewerage disposal systems;
3. (b) the lot meets Category I standards in accordance with clause 5(a) and the minimum lot area requirements set out in column (e) of Table 1 and column (d) of Table 2 respectively;
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 alternative to increasing the size of the property to permit compliance with the circle diameter requirement. (EC703/95; 41/96; 694/00; 552/11)
## 5. 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 'equiring or proposing a sewerage system shall only be granted in accordance with the standards set out in 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
- (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
- (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 ft. (1.22 m.) or greater;
- Category II, where
- (i) the depth of permeable natural soil is greater than 1 ft. (0.3 m.), but less than
2 ft. (0.61 m.),
- (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
- (c) Category IlI, where
- (iii) the depth to the maximum groundwater elevation is 4 ft. (1.22 m.) or greater;
- the depth of permeable natural soil is 1 ft. (0.3 m.) or greater,
- the depth to bedrock is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.), or
- (iii) the depth to the maximum groundwater elevation is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.);
- (d) Category IV, where
- (i) the lot has a depth of permeable natural soil of less than 1 ft. (0.3 m.),
- (iii) the depth of the maximum groundwater elevation is greater than 2 ft. (0.61 m.);
- (ii) the depth to bedrock is greater than 1 ft. (0.3 m.), and
- (e) Category V, where
- (i) the depth to bedrock is less than 1 ft. (0.3 m.), and
- the depth to the maximum ground water elevation is greater than 2 ft. (0.61 m.). (EC703/95; 694/00; 552/11)
## Upgrade
Revoked by (EC694/00).
## 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)
## Minor variance
- (1) The authority having jurisdiction may, for special cause, authorize such mino 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 levelopment unless an entrance way permit has been obtained for the applicable lot or development when so required. (EC703/95; 2/96; 552/11
TABLE 1 MINIMUM LOT SIZE STANDARDS:
## RESIDENTIAL LOTS
| (a) Servicing | (b) Lot Category | (c) Minimu m 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 /30.51 metres (or 50 feet / 15.25 metres, where 4 the frontage is more than on the interior curve of a | | 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./ ft./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 1 metres (or 50 feet / 15.25 metres, where 4 the frontage is more than on the interior curve of a street) | 3 | 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 50,000 sq. ft. / 4,645 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 175 ft. / 53.3 m. 200 ft. / 61 m. 225 ft. / 68.6 m. 250 ft. / 76.2 m. 250 ft. / 76.2 m. |
| on-site water supply and on-site sewage disposal system | I'I | 100 feet / 30.5 1 metres (or 50 feet / 15.25 metres, where 4 the frontage is more than on the interior curve of a street) | | 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 | 225 ft. 68.6 m. 250 ft. /76.2 m. 275 ft. / 83.8 m. 300 ft. / 91.4 m. 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | IV | 100 feet / 30.5 metres for 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 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 1,500 sq.ft. / 457 sq.m. for each additional unit | 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | V | N/A | N/A | not developable | N/A |
| (a) Servicing | (b) Lot Category | (c) Minimu m 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 | 1 2 3 4 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 35,000 sq. ft. / 3,251 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each | 125 ft. / 38.1 m. 150ft. / 45.7 m. 160ft. / 48.8 m. 175 ft. / 53.3 m. 175 ft. / 53.3 m. |
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | more than 4 | 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m 40,000 sq. ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 200 ft. / 61 m. 200 ft. / 61 m. |
| central water supply and on-site sewage disposal system | I#I | 50 feet / 15.25 metres | 1 2 3 4 more than 4 | 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 each additional unit | 200 ft. / 61 m. 225 ft. / 68.6 m. 250ft. / 76.2 m. 275 ft. / 83.8 m. 275 ft. / 83.8 m. |
| central water supply and on-site sewage disposal system | IV | 50 feet / 15.25 metres | 1 2 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 sq. 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 | 275 ft. / 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 | 1 2 3 4 more than 4 | 15,000 sq. ft. / 1,393.5 sq. m. 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 30,000 sq. ft. / 2,787 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 100 ft. / 30.5 m. 125 ft. / 38.1 m. 150 ft. / 45.7 m. 160ft. / 48.8 m. 160 ft. / 48.8 m. |
| on-site water supply and central waste treatment system | III | 50 feet / 15.25 metres | 4 more than 4 | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251.5 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 125 ft. / 38.1 m. 150ft. / 45.7 m. 160 ft. / 48.8 m 175 ft. / 53.3 m. 175 ft. / 53.3 m. |
TABLE 2
| (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 | 1, lI, or IlI | n/a | any number | as determined by the Minister | as determined by the Minister |
## 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 | T | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, here the frontage is o he interior curve of street) | - 25,000 sq. ft. / 2,322.5 sq. m. | 150 ft. / 45.7 m. |
| on-site water supply and on-site sewage disposal system | | | | 175 ft. / 53.3 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) | 51,000 sq. ft. / 4,738 sq. m. | 225 ft. / 68.6 m. |
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | 20,000 sq. ft. / 1,858 sq. m. | 125 ft. / 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 disposal system | #II | 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, ll or lIl | 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 by the Minister | as determined by the Minister |
Procedure: Building deconstruction to allow for reuse of an existing foundation, building reconstruction within the same footprint of the existing building or building reconstruction within the same footprint on a legacy lot.
Existing buildings on lots that don't meet setbacks (non-complying) or the owner requests to reuse an existing foundation. Examples would be a building deemed unsafe or has suffered fire damage and it is required to be demolished or a building that the owner wishes to reconstruct.
Not applicable to accessory buildings.
## 1. Reuse of existing foundation:
- A demolition permit application submitted
- The owner requests that they be able to maintain existing foundation
- The existing foundation is reviewed by the inspector
- If foundation is sound or if the owner presents a course of action to remediate the existing foundation the foundation may be reused
- The Development Officer determines there are no egregious issues (ex, sight lines, building is unreasonably encroaching or is over the property line)
- A demolition permit is issued
- Building is deconstructed and the owner secures the foundation is accordance to Bylaw CS-11
## Demolition Permit Conditions:
- The existing floor system is maintained or a new floor system is installed to secure the foundation
- A Building Permit shall be obtained within 6 months of the date of commencement of deconstruction
- The project (new construction) shall be started within 12 months of the date of commencement of deconstruction
In the event that either deadline is not met, the City reserves the right, by Council Resolution, to immediately deem the remaining structure dangerous, hazardous, or unsightly as per Bylaw CS-11 "Dangerous, Hazardous & Unsightly Bylaw" and take the necessary actions as outlined in the Bylaw.
## 2. New foundation matching existing building footprint
When a building requires demolition but the site would not allow a new structure to meet current setbacks, the owner may replace the building within the footprint of the existing foundation with a new one in the same location.
- The Development Officer determines there are no egregious issues (ex, sight lines, building is unreasonably encroaching or is over the property line)
- Owner is required to provide a location certificate showing the perimeter of the existing foundation and how it relates to the property boundaries.
- Building is completely demolished, foundation removed and the hole is filled if the building is not immediately being reconstructed
- A Location certificate stays with the property even if sold
- Building additions are subject to approval by the Development Officer on a case-bycase basis
- No time limit on reconstruction if the foundation hole is filled
## 3. Legacy Lots where building demolition has already occurred
Redevelopment of the vacant lot utilizing the previous footprint of the building that was demolished prior to the implementation of these regulations.
- Each property will be reviewed on a case-by-case basis
- Previous location of the building may be determined by City records or using legal/survey documentation provided by the property owner
- Adjoining landowners would be notified of the intent to reconstruct on the previous footprint
## Potential Building Permit conditions in all cases:
- Limiting Distance Issues
- Limits to size and quantity of windows
- Exterior walls may need to be fire-rated
- Exterior finish (siding) may need to be non-combustible
## Development Permit Fees
Pursuant to section 5.3 of the Summerside Zoning Bylaw (CS-40), effective, July 16 2018 the following fees shall apply for development permit applications:
| Development Permit Fees | Development Permit Fees | Development Permit Fees |
|-------------------------------------------------------------------------------------------------------------|---------------------------|------------------------------------------------------|
| | Permit Fee | where development proceeds before issuance of permit |
| Official Plan and/ or Secondary Plan amendment (including more than one amendment for the same application) | $300 | - |
| Zoning Amendment (including more than one $300 amendment for the same application) | | $500 |
| Discretionary Use Approval | $300 | $500 |
| Restricted Use Approval | $300 | $500 |
| Conditional Use Permit | $50 | $250 |
| Variance (including more than one variance for the same application) | $25 (minor) $50 (major) | _--- |
| Commercial Sign Permit | $50 | $250 |
| Temporary Sign Permit | $50 | $250 |