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COMMUNITY OF UNION ROAD
ZONING & SUBDIVISION CONTROL (DEVELOPMENT)
BYLAW
COMMUNITY OF UNION ROAD
Zoning and Subdivision Control (Development) Bylaw
TABLE OF CONTENTS
Page
SECTION #1 - SCOPE
1
1.1
Title
1
1.2
Area Defined
1
1.3
Scope
1
1.4
Authority of Development Officer
1
SECTION #2 - DEFINITIONS
2-14
SECTION #3 - DEVELOPMENT ZONES
15
3.1
Development Zones
15
3.2
Interpretation of Zone Boundaries
15
3.3
Official Zoning Map
15
3.4
Certain Words
15
3.5
Units of Measure
16
SECTION #4 - GENERAL PROVISIONS FOR ALL ZONES
17
4.1
Development Approval
17
4.2
Permit Application
18
4.3
Payment of Fees
18
4.4
Development Permit
18
4.5
Site Plan
18
4.6
Conditions on Permits
19
4.7
Development Agreement
19
4.8
Existing Non-conforming Lots
19
4.9
Lot Frontage
20
4.10
Existing Non-conforming Buildings
20
4.11
Other Information
21
4.12
Access
21
4.13
Entranceway Permit
21
4.14
Sight Distance
22
4.15
Development Restrictions
22
4.16
Main Building
22
4.17
Accessibility/Barrier Free Design
23
4.18
Mixed Use
23
4.19
Yards
23
4.20
Construction Plans
23
4.21
Other Requirements
23
4.22
Site Work
23
4.23
Authorization for Inspection
23
4.24
Accessory Structures
24
4.25
Accessory Apartments
24
4.26
Permits Posted
25
4.27
Moving of Buildings
25
4.28
Height Regulations
25
4.29
Intersection Triangle
25
4.30
Permitted Uses in All Zones
25
4.31
Construct in Accordance with Application
26
4.32
Denying Permits
26
4.33
Underground Petroleum Storage Tanks
26
4.34
Outdoor Swimming Pools
26
4.35
Surveys Required
27
4.36
Certificate of Compliance
27
4.37
Grade of Site
27
4.38
Petroleum Storage
27
4.39
Non-Conforming Uses
28
4.40
Businesses in Rural Zones - In-Home Occupations
29
4.41
Recreational Trailers or Vehicles
29
4.42
Mobile Homes
30
4.43
Bed and Breakfast
30
SECTION #5 - WIND ENERGY SYSTEMS
31
5.1
Definitions
31
5.2
Permitted Use
32
5.3
Development Permits and Agreements
32
5.4
Shared Wind Energy Systems
33
5.5
Wall or Roof-Mounted Systems
33
5.6
Wind Turbine Tower Height
33
5.7
Setback
33
5.8
Noise
34
5.9
Shadow Flicker
34
5.10
Number of Turbines
34
5.11
Compliance with Canadian Building Code
34
5.12
Compliance with Air Traffic Safety Regulations
35
5.13
Compliance with Existing Electric Codes
35
5.14
Utility Notification
35
5.15
Abandonment or Decommissioning
35
5.16
Application Requirements
36
5.17
Design Requirements
37
5.18
Certification and Design
37
5.19
Approvals
38
5.20
Severability
38
SECTION #6 - PARKING REQUIREMENTS
39
6.1
Preamble
39
6.2
Parking Requirements
39
6.3
Additional Parking Spaces
40
6.4
Other Requirements
40
6.5
Loading Zones
40
SECTION #7 - AGRICULTURAL ZONE (A1)
42
7.1
General
42
7.2
Permitted Uses
42
7.3
Special Permit Uses
42
7.4
Lot Requirements
42
7.5
Intensive Livestock Operations
43
7.6
Excavation Pits
44
SECTION #8 - RECREATION AND OPEN SPACE ZONE (01)
49
8.1
General
49
8.2
Permitted Uses
49
8.3
Lot Requirements
49
SECTION #9 - PUBLIC SERVICE AND INSTITUTIONAL
ZONE (PSI)
50
9.1
General
50
9.2
Permitted Uses
50
9.3
Lot Requirements
50
9.4
Parking in Front Yard
50
SECTION #10- ENVIRONMENTAL RESERVE ZONE (02)
51
10.1
General
51
10.2
Permitted Uses
51
10.3
Zone Boundaries
51
10.4
Zone Requirements
51
SECTION #11 -VARIANCE S
52
11.1
Minor Variance
52
11.2
Variances Greater than 10%
52
SECTION #12 - AMENDMENTS
53
12.1
Application for Amendment
53
12.2
Application for Re-Zoning
53
12.3
Amendment Fee
53
12.4
Notice to Property Owners
53
12.5
Council's Review
54
12.6
Public Meeting
54
SECTION #13 - GENERAL PROVISIONS FOR
SUBDIVIDING LAND
55
13.1
Subdivision Approval
55
13.2
Conveying Interest in a Lot
55
13.3
Permission to Subdivide
55
13.4
Changes to Existing Lots
56
13.5
Special Requirements - Agricultural (A1) Zone
56
13.6
Special Requirements - Coastal Subdivisions
57
13.7
Parkland Dedication and/or Park Dedication
57
13.8
Subdivision Agreement
58
13.9
Application and Approval Process
58
13.10 Final Approval
60
13.11 Severances/Consolidation
60
13.12 Building Permits
60
SECTION #14 - PENALTIES
61
14.1
Appeal
61
14.2
Enforcement
61
SECTION #15 - REPEAL
62
15.1
Effective Date
62
15.2
Repeal
62
APPENDIX "A" - OFFICIAL ZONING MAP
63
APPENDIX "B"
Table 1 - Minimum Lot Size Standards
- Residential Developments
64
Table 2 - Minimum Lot Size Standards
- Non-Residential Developments
68
1
COMMUNITY OF UNION ROAD
ZONING & SUBDIVISION CONTROL (DEVELOPMENT) BYLAW
This Bylaw is made under the authority of the Planning Act, R.S.P.E.I. 1988, Cap. 4
and the Municipalities Act, R.S. P.E.I.
BE IT ENACTED by the Community of Union Road as follows:
SECTION #1 - SCOPE
1.1
TITLE
This Bylaw shall be known and may be cited as the Community of Union
Road Zoning and Subdivision Control Bylaw or the Development Bylaw.
1.2
AREA DEFINED
This Bylaw applied to the geographical area within which the Community of
Union Road Council has jurisdiction.
1.3
SCOPE
No dwelling, business, trade or industry shall be located, nor shall any
building or structure be erected, altered, used or have its use changed, nor
shall any land be divided, consolidated or used in the Community of Union
Road, except in conformity with this Bylaw and subject to the provisions
contained herein.
1.4
AUTHORITY OF DEVELOPMENT OFFICER
Council may appoint a Development Officer whose duties shall be as
provided in this Bylaw. The Development Officer shall have the authority to
administer this Bylaw. Notwithstanding the foregoing, the Development
Officer shall have the authority to approve or deny development permits in
accordance with this Bylaw in all areas except for:
(1)
Permanent Commercial
(2)
Institutional
(3)
Industrial
(4)
Multiple Family Dwellings
Where the Development Officer is unable to determine whether the proposed
development conforms with this Bylaw, the Development Officer shall
forward the application to Council for a decision.
2
SECTION #2 - DEFINITIONS
For the purpose of this Bylaw, all words shall carry their customary meaning
except for those defined hereafter.
In this Bylaw:
2.1
"Accessory Building" - means a building whose use is incidental and
subordinate to, and consistent with, the main or approved use of the lot on
which the building is located.
2.2
"Accessory Use" - means a use subordinate and naturally, customarily and
normally incidental to and exclusively devoted to a main use of land or
building and located on the same lot.
2.3
"Agricultural Use" - means a use of land and buildings for farming,
dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and
animal and poultry husbandry and the necessary accessory uses for packing,
storing or treating the produce.
2.4
"Alter" - means to make a change in the structural component or physical
appearance of a building or any increase in the volume of a building or
structure.
2.5
"Apartment" - means a separate, independent accommodation unit within a
building intended for rental occupancy.
2.6
"Attached" - means a building or structure which has a common wall and/or
common roof line and the building or structure may be considered common as
long as a minimum of twenty percent (20%) of the length of the wall or roof
line is common with the main building or structure wall or roof.
2.7
"Automobile Sales and Service Establishment" - means a building or part
of a building or a clearly defined space on a lot used for the sale and
maintenance of used or new automobiles.
2.8
"Automobile Service Station or Service Station" - means a building or part
of a building or a clearly defined space on a lot used for the sale of lubricating
oils and/or gasolines and may include the sale of automobile accessories and
the servicing and repairing essential to the actual operation of motor vehicles.
2.9
"Automobile Washing Establishment" - means a building or part thereof
used for the operation of automobile washing equipment which is manual,
automatic or semi-automatic.
2.10
"Bed and Breakfast" - means a dwelling occupied by a family and used
incidentally to provide accommodation of up to three (3) separate rooms and
meals to transient travellers and includes a tourist home but does not include a
boarding house, rooming house, domiciliary hostel, group home, hotel, motel,
restaurant or lounge.
3
2.11
"Block" - means any unit of land consisting of a grouping of lots bounded on
all sides by watercourses, streets or large parcel boundaries or as otherwise
defined by the municipality.
2.12
"Building" - includes any structure having a roof supported by columns or
walls intended for the shelter, housing or enclosure of any person, animal or
chattel.
2.13
"Building Height" - means the vertical distance measured from the averaged
finished grade to the highest point of roof surface.
2.14
"Building Line" - means any line regulating the position of a building or
structure on a lot.
2.15
"Building Setback" - means the distance between the street line and the
nearest main wall of any building or structure, except fences, and extending
the full width of the lot.
2.16
"Business or Professional Office" - means premises where services are
offered for a fee but does not include premises used for the retailing,
wholesaling, manufacturing or conversion of goods.
2.17
"Campground" - means a tract of land, managed as a unit, providing short
term accommodation for tents, tent trailers, travel trailers, recreational
vehicles and campers.
2.18
"Child Care Facility" - means any institution, agency, or place, whether
known as a day nursery, nursery school, kindergarten or play school, which
receives for temporary care apart from the parents on a daily or hourly basis,
with or without stated educational purposes and during or all of the day, more
than three children under seven years of age.
2.19
"Church" - means a building dedicated to religious worship and includes a
church hall, church auditorium, Sunday School, parish hall, rectory, manse
and day nursery operated by the church.
2.20
"Club" - means an association of persons, whether incorporated or not,
united by some common interest, meeting periodically for co-operation or
conviviality. Club shall also mean, where the context requires, premises
owned or occupied by members of such association within which the
activities of the club are conducted.
2.21
"Commercial Use" - means the use of a building on a lot for the storage,
display or sale of goods or services and includes hotels, motels, inns or rental
cottages.
2.22
"Community Care Facility" - means an establishment that provides care
services for compensation to five or more residents who are not members of
the operator's immediate family but does not, unless otherwise ordered by the
Lieutenant Governor in Council, include:
4
(i)
a group home recognized as such by the Minister;
(ii)
a residential school;
(iii)
an establishment providing accommodation only;
(iv)
a hospital;
(v)
a correctional institution;
(vi)
a facility in which treatment services are provided under the
Addiction Services Act R.S.P.E.I. 1988, Cap. A-3;
(vii)
a nursing home; or
(viii)
a residential institution as defined in Part II of the regulations
made under the Welfare Assistance Act R.S.P.E.I. 1988, Cap.
W-3 which is operated or funded by the Minister.
2.23
"Convenience Store" - means a retail commercial establishment, not
exceeding 1,500 sq. ft. (135 m) of gross floor area, supplying daily household
necessities for the immediate surrounding area in which articles for sale are
restricted to a limited range of primarily food items such as milk, bread, soft
drinks, ice cream, canned and bottled goods, snacks and candy, meat, and to
compliment such items which may include the limited sale of magazines,
books, housewares, toiletries, stationary, patent medicines, tobacco products
and video tape sales and rentals.
2.24
"Council" - means the Council for the Community of Union Road.
2.25
"Councillor" - means any resident who has been duly elected and sworn to
office in order that such resident may execute those duties as prescribed by
the law.
2.26
"Deck" - means a structure abutting a dwelling with no roof or walls except
for visual partitions and railings which is constructed on piers or a foundation
above-grade for use as an outdoor living area.
2.27
"Demolition" - means to remove, pull down or destroy a structure.
2.28
"Development" - means the carrying out of any building, engineering,
excavation, dumping, filling or other operations in, on, over or under land, or
the making of any material change in the use, or the intensity of use of any
land, buildings, or premises without limiting the generality of the foregoing.
2.29
"Development Officer" - means the person charged by the Council with the
duty of administering the provisions of this Bylaw.
2.30
"Development Permit" - means the formal and written authorization for a
person to carry out any development.
2.31
"Display" - includes any item, group of items, sign, or billboard visible to the
general public, indicating that items or services are offered for sale or trade,
but does not include Premise Signs of 400 square inches or less.
5
2.32
"Domestic Animals" - includes dogs, cats, budgies, parrots, parakeets,
hamsters, gerbils, guinea pigs and fish.
2.33
"Dwelling" - means a building or portion thereof designated or used for
residential occupancy, but does not include hotels and motels.
(i)
"Dwelling Unit" - means one or more habitable rooms designed or
intended for use by one or more individuals as an independent and
separate housekeeping establishment in which separate kitchen and
sanitary facilities are provided.
(ii)
"Single Family Dwelling" - means a building containing one dwelling
unit and does not include mobile homes, but does include mini
homes.
(iii)
"Duplex Dwelling" - means a building that is divided into two
dwelling units each of which has at least two independent entrances.
(iv)
"Multiple Family Dwelling" - means a building containing three or
more dwelling units.
(v)
"Semi-Detached Dwelling" - means a building divided vertically into
two (2) separate units, each of which has at least two independent
entrances.
(vi)
"Townhouse Dwelling or Row House Dwelling" - means a building
that is divided vertically into three or more dwelling units, each of
which has independent entrances to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
2.34
"Erect" - means to build, construct, reconstruct, alter or relocate and without
limiting the generality of the foregoing shall be taken to include any
preliminary physical operation such as excavating, filling or draining.
2.35
"Existing" - means a parcel of land that existed on July 9, 1994.
2.36
"Family" - means an individual residing in one (1) dwelling unit, or a group
of persons related by marriage, cohabitation, blood or adoption residing
together in one dwelling unit and includes:
(i)
domestic servants, non-paying guests and foster children; and
(ii)
not more than two (2) roomers or boarders living in the dwelling unit.
"Immediate Family" -means the following persons:
(i)
parents of the owner and their spouse;
(ii)
the sons and/or daughters of the owner and their spouse;
6
(iii)
the grandparents of the owner and their spouse;
(iv)
the brothers and/or sisters of the owner and their spouse; and
(v)
the aunts and/or uncles of the owner and their spouse.
2.37
"Farming" - means the outdoor cultivation of agricultural products, and the
raising of farm livestock.
2.38
"Farm" or "Farm Property" - means arable land, dwelling and
complementary buildings containing at least ten (10) acres, operated as a farm
enterprise and includes land leased from the Crown, but does not included
land leased or rented from owners who are not bona fide farmers.
2.39
"Farm Market" - means a building in which farm produce comprises the
major portion of goods offered or kept for sale directly to the public at retail
value.
2.40
"Fence" - means an artificially constructed barrier of any material or
combination of materials erected to enclose or screen areas of land.
2.41
"Floor Area" - means:
(i)
With reference to "Dwelling" - the area contained within the outside
walls excluding any private garage, porch, veranda, sunroom,
greenhouse, unfinished attic, unfinished basement, and other rooms
not habitable at all seasons of the year.
(ii)
With reference to "Commercial Building" - the total usable floor area
within a building used for commercial purposes excluding
washrooms, furnace rooms and common halls between stores.
(iii)
With reference to "Accessory Building" - the area contained within
the outside walls.
2.42
"Forestry Use" - means commercial silviculture and the production of
timber or pulp and any uses associated with a forestry use, including
sawmills, shingle mills, vehicle and equipment storage and maintenance
buildings and yards and retail and wholesale outlets for wood and wood
products.
2.43
"Frontage" - means the horizontal distance between the side lot lines
bordering on a street and according to the direction of the front of the
dwelling or structure.
2.44
"Grade" - (as it applied to the determination of building height) means the
lowest of the elevation of the finished surface of the ground, paving or
sidewalks within the area between the building and the property line or when
7
the property line is more than five (5) ft. (1.5 m) from the building, between
the building and a line five (5) ft. (1.5 m) from the building.
2.45
"Highway, Road or Street" - means all the area within the boundary lines of
every road, street or right-of-way which is vested in the Province of Prince
Edward Island or the municipality and used or intended for use by the general
public for the passage of vehicles and includes any bridge over which any
such road, street or right-of-way passes.
2.46
"Hotel" - means a building other than a motel occupied or intended to be
occupied as the temporary lodging place for any individual for a fee.
2.47
"Industrial Premises" - means premises in or from which goods or materials
are manufactured, processed, assembled or extracted or premises from which
wholesale trade is carried on including warehousing.
2.48
"Institutional Use" - means the use of land or buildings for non-profit or
public purposes including but not limited to, hospitals, government buildings,
religious institutions, churches, public schools, colleges, cultural centres,
libraries and public recreational and park buildings.
2.49
"Kennel" - means a building or structure where more than four (4) domestic
animals excluding livestock are kept, bred and raised for profit or gain.
2.50
"Landscaping" - means any combination of trees, shrubs, flowers, grass,
other horticultural elements, paving, or other architectural elements, all of
which are designed to enhance the visual amenity of a property.
2.51
"Livestock" - means horses, cattle, sheep, swine, goats, poultry, fox, mink,
chinchilla and rabbits.
2.52
"Loading Space" - means an unencumbered area of land provided and
maintained upon the same lot or lots upon which the principal use is located
and which area is provided for the temporary parking of one (1) commercial
motor vehicle while merchandise or materials are being loaded or unloaded,
and such parking space shall not be for the purpose of sale or display.
2.53
"Lot or Property" - means any parcel of land described in a deed or as
shown in a registered subdivision plan.
(i)
"Lot Area" - means the total area included within the lot lines.
(ii)
"Corner Lot" - means a lot situated at an intersection of and abutting
on two or more streets.
(iii)
"Flankage Lot Line" - means the side lot line which abuts the street
on a corner lot.
8
(iv)
Front Lot Line" - means the lot line abutting the street upon which
the building or structure erected or to be erected has its principal
entrance.
(v)
"Interior Lot" - means a lot other than a corner lot.
(vi)
"Lot Depth" - means the depth from the front lot line to the rear lot
line.
(vii)
"Lot Line" - means any boundary of a lot.
(viii)
"Rear Lot Line" - means the lot line further from and opposite to the
front lot line.
(ix)
"Side Lot Line" - means a lot line other than a front, rear or flankage
lot line.
(x)
"Through Lot" - means a lot bounded on two opposite sides by
streets.
2.54
"Lot Consolidation" - means the legal incorporation of two or more existing
parcels of land to form a single, larger parcel.
2.55
"Lounge" - means a commercial facility or structure licensed to sell
alcoholic beverages to the public.
2.56
"Main Building" - means that building, the nature of the use of which
determines the status of the lot upon which it is authorized to be constructed
or upon which it is constructed.
2.57
"Mini-Home" - means a pre-manufactured dwelling unit having an average
width of less than 20 feet, not including appurtenances such as porches,
entries, etc. and certified under the Z240 provisions of the Canadian Standards
Association (CSA).
2.58
"Mobile Home" - means a transportable dwelling unit suitable for long term
occupancy, designed to be transported with or without its own wheeled
chassis.
2.59 "Mobile Home Park or Court" - means a parcel of land on which a number
of mobile home sites are provided, and which may include other directly
related uses.
2.60
"Modular Home" - means a pre-manufactured dwelling unit having an
average width of 20 ft. or more, not including appurtenances such as porches,
entries, etc.
9
2.61
"Motel" - means a building occupied in whole or in part as a temporary
lodging place for an individual and for which there is an exit for any room or
suite of rooms directly to the outdoors with access to grade level.
2.62
"Nursing Home" - means a building, part of building, or group of buildings
in which, for a fee, charge or reward, direct or indirect, there are housed
patients requiring or receiving active treatment for, or convalescing from, or
being rehabilitated after illness or injury, but does not include a public
hospital, mental hospital, tuberculosis hospital or sanitorium.
2.63
"Obnoxious Use" - means a use which, from its nature or operation, creates a
nuisance or is offensive by the creation of noise or vibration or by reason of
the emission of gases, fumes, dust, and any objectionable odour, or by reason
of the unsightly storage of goods, wares, merchandise, salvage, refuse matter,
waste or other material.
2.64
"Open Space" - means that portion of a lot which may be used for
landscaping, recreational space or leisure activities normally carried on
outdoors; but does not include space used for service drive-ways or off-street
parking.
2.65
"Outdoor Display" - means an area of land where goods are displayed and
which are available for sale to the general public from a retail outlet located
on the same lot.
2.66
"Outdoor Storage" - means the storage of merchandise, goods, inventory,
materials or equipment or other items which are not intended for immediate
sale, by locating them outside.
2.67
"Panhandle Lot"- means a lot that does not have the minimum frontage on a
road required by these regulations, but has a driveway or right-of-way
connection providing access to a public road or privately owned subdivision
road.
2.68
"Parcel" - means a lot, block or other division of land or property which is
recognized as a separate unit of land for the purposes of this bylaw.
2.69
"Parking Lot" - means an open area of land other than a street or an area
within a structure for the parking of vehicles.
2.70
"Parking Space" - means an area of land which is suitable for the parking of
a vehicle, not less than nine feet wide and eighteen feet long, accessible to
vehicles without the need to move other vehicles on adjacent areas.
2.71
"Personal Service Shop" - means a building in which persons are employed
in furnishing services and otherwise administering to the individual and
10
personal needs of persons, (e.g. barbershop), but does not include a tattoo
parlour.
2.72
"Phase" - means to develop a parcel of land over time in a series of
prescribed stages; or one of such stages.
2.73
"Plant Nursery(and Greenhouse) - means a premise or any land used
primarily to raise and store trees, shrubs, flowers, and other plants for sale or
for transplanting.
2.74
"Private Garage" - means a building or part thereof which is used for the
sheltering of private motor vehicles and storage of household equipment
incidental to the residential occupancy and in which there are no facilities for
repairing or servicing of such vehicles for remuneration or commercial use.
2.75
"Premise Sign" - means a sign that directs attention to a business,
commodity, service, industry, or other activity, which is sold, offered, or
conducted on the lot upon which such sign is located, or to which it is affixed.
2.76
"Public Park or Parkland" - means land owned by the Community or some
other level of government used or intended for use by members of the public.
2.77
"Recreational Trailer or Vehicle" - means a vehicle which provides
sleeping and other facilities for short periods of time, while travelling or
vacationing, designed to be towed behind a motor vehicle, or self-propelled,
and includes such vehicles commonly known as travel trailers, camper
trailers, pick-up coaches, motorized campers, motorized homes, recreation
vehicles or other similar vehicles.
2.78
"Recreational Use" - means the use of land for parks, playgrounds, tennis
courts, lawn bowling greens, athletic fields, golf courses, picnic areas,
swimming pools, day camps, and similar uses but does not include a tract for
the racing of animals or any form of motorized vehicles.
2.79
"Recycling Depot" - means premises on which recoverable materials such as
newspaper, glassware, and metal cans are separated prior to shipment but does
not include any processing of the material or a salvage yard.
2.80
"Recycling Plant" - means a building in which recoverable resources, such
as newspapers, magazines, books and other paper products; glass; metal cans;
and other products are recycled, reprocessed, and treated to return such
products to a condition in which they may again be used for production but it
does not include a salvage yard.
2.81
"Residential Care Facility" - means a building or premises licensed by the
Province of Prince Edward Island, where accommodation and supervisory
11
and/or personal care is provided or made available for more than three
persons and includes a group home.
2.82
"Resource Use" - means the use of land or buildings for production and
harvesting or extraction of any agricultural, forestry, or fisheries product.
2.83
"Resource Commercial Use" - means the use of a building or lot for the
storage, display or sale of goods directly and primarily related to resource
uses.
2.84
"Resource Industrial Use" - means the use of land or buildings for any
industrial development directly associated with agriculture, fisheries or
forestry industries.
2.85
"Restaurant" -means buildings or structures or part thereof where food and
drink is prepared and offered for sale to the public.
2.86
"Retail Store" - means a building or part thereof in which foods, goods,
wares, merchandise, substances, articles or things are offered or kept for sale
directly to the public at retail.
2.87
"Rural Tourism Use" - means the use of a building or land for non-
recreational commercial
uses related to
tourism,
including
rental
accommodations and campgrounds.
2.88
"Salvage Yard" - means an area of land used for the storage, handling or
processing of and sale of scrap material, and without limiting the generality of
the foregoing, may include waste paper, rags, bones, used bicycles, vehicles,
tires, metals or other scrap material or salvage, but shall not include a
hazardous waste material storage or disposal site or recycling depot.
2.89
"Senior Citizen" - means a person deemed to be eligible for accommodation
in a Senior Citizen Home under the terms of the PEI Housing Corporation
Act or comparable Provincial statute.
2.90
"Senior Citizen Home" - means any home for Senior Citizens either
privately sponsored or administered by any public agency or any service club
either of which obtains its financing from federal, provincial or municipal
governments or agencies or by public subscription or donations, or by a
combination thereof, and shall include auxiliary uses such as lounges and
recreation facilities usually associated with senior citizens' developments, and
solely for the use of its residents.
2.91
"Service Shop" - means a building or part thereof used for the sale and repair
of household articles and shall include radio, television, and appliance repair
12
shops but shall not include industrial, manufacturing or motor vehicle body
repair shops.
2.92
"Sewage Disposal System" - means any system or part thereof for disposing
of sewage or waste by means of one or more settling or septic tanks and one
or more disposal fields, and any other system or part thereof for sewage or
waste disposal not directly connected to a municipal or approved central
waste treatment system.
2.93
"Sign"- means a structure, device, light or natural object including the ground
itself, or any part, or any device attached, or painted or represented on which
shall be used to advertise, or attract attention to any object, product, place,
activity, person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which display or include any letter, work,
model, number, banner, flag, pennant, insignia, device or representation used
as an announcement, direction, or advertisement, and which is intended to be
seen from off the premises or from a parking lot.
2.94
"Storey" - means that portion of a building between any floor and ceiling or
roof next above, provided that any portion of a building partly below grade
level shall not be deemed a storey unless its ceiling is at least 1.8 m
(approximately 6 feet) above grade and provided also that any portion of a
building between any floor and ceiling or roof next above exceeding 4.2 m
(approximately 14 feet) in height shall be deemed an additional storey.
2.95
"Street or Road" - see Highway, Section 2.44.
2.96
"Structure" - means any construction including a building fixed to,
supported by or sunk into land or water, but excludes concrete and asphalt
paving or similar surfacing and fencing and includes a swimming pool.
2.97 "Subdivision" - means a division of a parcel of land by means of a plan of
subdivision, plan or survey, agreement, deed or any instrument, including a
caveat transferring or creating an estate or interest in part of the parcel.
2.98
"Survey Plan" - means an appropriately scaled drawing of survey details,
certified by a licensed Prince Edward Island land surveyor.
2.99
"Swimming Pool"- means any outdoor structure, basin, chamber, or tank
used or which may be used for swimming, diving, or recreational bathing and
having a depth of 60 cm (approximately 24 inches) or more at any point or
with a surface area exceeding 10 square metres (108 square feet).
2.100 "Tourist Establishment" - means a dwelling in which is operated the
business of providing or offering overnight accommodation for transient
guests for compensation.
13
2.101 "Use" - means any purpose for which a building or other structure or parcel
of land may be designed, arranged, intended, maintained or occupied, and
includes any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure or on a parcel.
2.102 "Warehouse" - means a building used for the storage and distribution of
goods, wares, merchandise, substances or articles and may include facilities
for a wholesale or retail commercial outlet, but shall not include facilities for
a truck or transport terminal or yard.
2.103 "Watercourse" - shall have the same meaning as defined under the
Environmental Protection Act Watercourse and Wetland Protection
Regulations and in the case of any dispute the final determination shall be
made by the Provincial Department having authority to enforce these
Regulations.
2.104 "Wetland" - shall be defined as noted above under "Watercourse".
2.105 "Yard" - means an open, uncovered space on a lot purtenant to a building
and unoccupied by buildings or structures except as specifically permitted in
this Bylaw and
i)
"Front Yard" - means a yard extending across the width of a lot
between the front lot line and nearest wall of any building or structure
on the lot and "minimum front yard" means the minimum depth of a
front yard on a lot between the front lot line and the nearest main wall
of any building or structure on the lot.
(ii)
"Rear Yard" - means a yard extending across the width of a lot
between the rear lot line and the nearest wall of any main building or
structure on the lot and "minimum rear yard" means the minimum
depth of a rear yard on a lot between the rear lot line and the nearest
main wall of any main building or structure on the lot.
(iii)
"Side Yard" - means a yard extending from the front yard to the rear
yard of a lot between a side lot line and nearest wall of any building
or structure on the lot, and "minimum side yard" means the minimum
width of a side yard on a lot between a side lot line and the nearest
main wall of any main building or structure on the lot.
(iv)
"Flankage Yard" - means the side yard of a corner lot which side
yard extends from the front yard to the rear yard between the flankage
lot line and the nearest main wall of any building or structure on the
lot.
14
2.106 "Zone" - means a designated area of land shown on the Official Zoning Map
of the Bylaw within which land uses are restricted to those specified by this
Bylaw.
15
SECTION #3 - DEVELOPMENT ZONES
3.1
DEVELOPMENT ZONES
For the purpose of this Bylaw the Community is divided into the following
development zones, the boundaries of which are subject to Section 3.2 as
shown in Appendix "A" on the Official Zoning Map. Such zones may be
referred to by the appropriate symbols.
ZONE
SYMBOL
Agricultural
A1
Public Service and Institutional
PSI
Recreation and Open Space
01
Environmental Reserve
02
3.2
INTERPRETATION OF ZONE BOUNDARIES
Boundaries between zones as indicated in Appendix "A" shall be determined
as follows:
i)
Where a zone boundary is indicated as following a street or highway,
the boundary shall be the center line of such street or highway.
ii)
Where a zone boundary is indicated as following lot or property lines,
the boundary shall be such lot or property lines.
iii)
Where a zone boundary is indicated a following the limits of the
Municipality the limits shall be the boundary.
iv)
Where none of the above provisions apply, the zone boundary shall
be scaled from the original zoning map lodged with the municipality.
3.3
OFFICIAL ZONING MAP
Appendix "A" may be cited as the "Official Zoning Map' and forms a part of
this Bylaw.
3.4
CERTAIN WORDS
In this Bylaw, words used in the present tense include future; words in the
singular number include the plural; the word "shall" is mandatory and not
permissive; and the word "he" includes "she".
16
3.5
UNITS OF MEASURE
Units of measure and conversion shall be in accordance with either Imperial
or Metric standards.
17
SECTION #4 - GENERAL PROVISIONS FOR ALL ZONES
4.1
DEVELOPMENT APPROVAL
1.
No person shall:
a)
change the use of a parcel of land or a structure;
b)
commence any "development";
c)
construct or replace any structure or deck;
d)
make structural alterations to any structure;
e)
make any underground installation such as a septic tank, a
fuel tank, a foundation wall or the like;
f)
move or demolish any structure;
g)
establish or operate an excavation pit;
h)
construct a highway;
i)
place, dump any fill or other material;
j)
subdivide or consolidate a parcel or parcels of land; or
k)
construct a fence over five (5) feet (1.5 m) high
without first applying for, and receiving a permit from Council.
2.
For the purpose of this Bylaw:
a)
laying paving materials for patios or sidewalks;
b)
constructing fences of less than five (5) feet (1.5 m) in height;
c)
installing clotheslines, poles, and radio or television antennae,
except satellite dishes over 24" in (0.6 m) diameter;
d)
making a garden;
e)
growing a crop or preparing land for a crop;
f)
making
landscaping
improvements
or
constructing
ornamental structures of less than 64 sq. ft. (6.4 sq. m); and
g)
conducting routine maintenance which has the effect of
maintaining or restoring a structure or any of its elements to
its original state or condition.
h)
constructing or installing up to two (2) accessory buildings of
less than 100 square feet (10 sq. m.) for the storage of
household goods
shall not be interpreted as changing the use of land or a structure or
constructing or replacing a structure, and shall not require a permit
from Council.
18
4.2
PERMIT APPLICATION
(1)
Any person applying for a permit shall do so on a form prescribed by
Council, and shall submit the application to the Community.
(2)
Every application form shall be signed by the property owner or the
property owner's authorized agent, and shall be accompanied by an
application fee in accordance with a fee schedule which the Council
shall establish.
4.3
PAYMENT OF FEES
Notwithstanding any Section of this Bylaw, development permits are not valid
and will not be recognized until the application fee and any other required
fees are paid in full and the said permit is acquired by the developer.
4.4
DEVELOPMENT PERMIT
A development permit shall be valid for a twelve-month period, or such
additional time as may be authorized by Council.
4.5
SITE PLAN
Council may require an applicant to submit a site plan drawn to a convenient
scale certifying the agreement of the applicant to develop the site in
accordance with the plan. Such plan(s) to be submitted in duplicate, drawn to
an appropriate scale and showing:
a)
the true shape and dimensions of the lot to be used, and upon
which it is proposed to erect any building or structure;
b)
the location, height and dimensions of the building, structure,
or work proposed to be erected;
c)
the location of every building or structure already erected on
the lot and the general location of buildings on abutting lots;
d)
the proposed location and dimensions of any parking spaces,
loading spaces, driveways and landscaped areas;
e)
the proposed use of the lot and each building or structure to
be developed; and
19
f)
any other information which the development officer deems
necessary to determine whether or not the proposed
development conforms with the requirements of this Bylaw.
4.6
CONDITIONS ON PERMITS
Council or its agent shall have the authority to impose conditions on a permit
subject to such conditions being directly related to or consistent with bylaws
of the Community or the Official Plan.
4.7
DEVELOPMENT AGREEMENT
Council may require any applicant to enter into a Development Agreement.
This Agreement shall be a contract binding on both parties, containing all
conditions which were attached to the building permit. Failure to comply
with a Development Agreement shall constitute an offense under this Bylaw.
A Development Agreement may address but shall not be limited to the
following matters:
i)
site design;
ii)
the design and construction cost of sidewalks, pathways and
other pedestrian access matters;
iii)
landscaping and screening;
iv)
vehicular accesses and exits;
v)
signage
vi)
security and safety lighting;
vii)
architectural harmony;
viii)
methods of waste disposal;
ix)
fencing; and
x)
any other matters that Council deems necessary to ensure the
health, safety and convenience of Community residents and
the travelling public.
4.8
EXISTING NON-CONFORMING LOTS
(1)
Notwithstanding anything else in this Bylaw, the use of a building on
a lot on the effective date of this Bylaw may be changed to a use
permitted on the lot where the lot area or frontage or both is less than
that required by this Bylaw, provided that all other applicable
provisions of this Bylaw are satisfied.
(2)
Notwithstanding any other provisions of this Bylaw, a vacant lot held
in separate ownership from adjoining parcels on the effective date of
20
this Bylaw, having less than the minimum width or area required,
may be used for a purpose permitted in the zone in which the lot is
located and a building may be erected on the lot provided that all
other applicable provisions of this Bylaw are satisfied.
(3)
Where the lot is intended to be serviced by an on-site sewage disposal
system Council may require that the system be designed by a PEI
licensed engineer and the installation also certified by the engineer
prior to occupancy of the structure.
(4)
An existing undersized lot may be increased in area or frontage, or
both, and still remain an existing undersized lot if after the increase,
the lot still remains undersized.
4.9
LOT FRONTAGE
1.
If a parcel of land in any zone is of such configuration that it cannot
reasonably be subdivided in such a way to provide the required
minimum frontage on a street, the Council may approve a reduced
frontage, provided that the lot width at the building line measures at
least as much as the minimum lot frontage for the zone.
2.
In any zone, lots designed with a reduced frontage along a bend in a
street or facing a cul-de-sac, may be approved by Council if in the
opinion of Council adequate and safe access is provided and if the lot
width at the building line measures at least as much as the minimum
lot frontage for the zone.
4.10
EXISTING NON-CONFORMING BUILDINGS
Where a building has been erected on or before the effective date of this
Bylaw on a lot having less than the minimum frontage or area, or having less
than the minimum setback or side yard or rear yard required by this Bylaw,
the building may be enlarged, reconstructed, repaired or renovated provided
that:
(1)
the enlargement, reconstruction, repair or renovation does not further
reduce the front yard or side yard or rear yard which does not
conform to this Bylaw; and
(2)
all other applicable provisions of this Bylaw are satisfied.
21
4.11
OTHER INFORMATION
Council may require an applicant to submit any additional information related
to the development, which it deems pertinent, including but not limited to the
following:
-
parking lot layout and internal circulation patterns;
-
location of garbage containers and description of any
screening or fencing;
-
storm water management plan;
-
location of open space and amenity areas;
-
landscaping plan;
-
buffer zones adjacent to wetland areas or watercourses;
-
existing vegetation;
-
easements;
-
proposed storage areas and description of any screening or
fencing;
-
traffic impact studies;
4.12
ACCESS
(1)
No development permit shall be issued unless the lot or parcel of land
intended to be used or upon which the building or structure is to be
erected abuts and fronts upon a street.
(2)
Notwithstanding Section 4.12 (1) above, Council may approve a
development permit for a residential or commercial structure which
fronts on a private right-of-way, provided that the following criteria
are met:
(i)
no reasonable provision can be made to provide access to a
public street;
(ii)
safe ingress and egress from the lot can be provided;
(iii)
an agreement is registered in the PEI Registry Office, binding
on all land owners abutting or fronting on the private right-of-
way providing for the long term ownership and maintenance
of the right-of-way, such agreement shall be binding on all
heirs, successors and assigns of the current property owners.
4.13
ENTRANCEWAY PERMIT
Where an entranceway permit is required under the Roads Act Highway
Access Regulations, its issuance shall be a precondition of the approval of a
subdivision or development permit.
22
4.14
SIGHT DISTANCE
No person shall construct or use any access driveway except where that
access driveway meets the minimum sight distance standards as established
under the Planning Act or the Roads Act.
4.15
DEVELOPMENT RESTRICTIONS
Council shall not issue a development permit for a development if, in the
opinion of Council:
(1)
the proposed development does not conform to this Bylaw;
(2)
the method of water supply is not appropriate;
(3)
the method of sanitary waste disposal is not appropriate;
(4)
there is not a safe and efficient access to the public highway, street, or
road;
(5)
the impact of the proposed development would be detrimental to the
environment;
(6)
the proposed development would create unsafe traffic conditions;
(7)
the proposed development would significantly or permanently injure
neighbouring properties by reason of architectural disharmony;
(8)
the proposed development would be detrimental to the convenience,
health, or safety of residents in the vicinity or the general public;
(9)
the proposed development could injure or damage neighbouring
property or other property in the Community due to water, drainage
or other water run-off damage.
4.16
MAIN BUILDING
No person shall erect more than one main building on a lot except:
(a)
in the Agricultural (A1) Zone for other than residential use
except on a farm; and
(b)
in a PSI Zone.
23
4.17
ACCESSIBILITY/BARRIER FREE DESIGN
No development permit shall be issued for a building intended to serve the
public until Council receives a "Conformation of Receipt of a Quality Control
Plan" from the Provincial Government, pursuant to the Barrier Free Design
Regulations or subsequent regulations invoked for the same purpose.
4.18
MIXED USE
(1)
Where any land or building is used for more than one (1) purpose, all
provisions of this Bylaw relating to each use shall be satisfied.
(2)
Where there is a conflict such as in the case of lot size or lot frontage,
the higher or more stringent standard shall prevail.
4.19
YARDS
Except for accessory buildings, every part of any yard required by this Bylaw
shall be open and unobstructed by any structure from the ground to the sky.
4.20
CONSTRUCTION PLANS
Council may require the applicant to submit a Construction Plan for the
development addressing such details as construction phasing, stockpiling of
soil, temporary screening or fencing, erosion or run-off control measures,
heavy truck access and any other item which could in the opinion of Council
present a nuisance or hazard during construction.
4.21
OTHER REQUIREMENTS
Nothing in this Bylaw exempts any person from the requirement to obtain any
permit, license, permission, authority or approval required by any other
regulations or laws in force.
4.22
SITE WORK
No person shall carry out any site work in any zone which may create a
nuisance, hardship or other inconvenience to persons in the vicinity.
4.23
AUTHORIZATION FOR INSPECTION
An application for a development permit shall constitute authorization for
inspection of the building or land in question by an officer or agent of the
24
Community for the purpose of ensuring compliance with the provisions of this
Bylaw.
4.24
ACCESSORY STRUCTURES
Accessory uses, buildings and structures shall be permitted on any lot but
shall not:
(1)
be used for human habitation except where a dwelling is a permitted
Accessory use;
(2)
be located within the front yard or flanking side yard of a lot;
(3)
be built closer than five (5.0') feet (1.5 m) to any lot line;
(4)
except on a farm property exceed five hundred (500) sq. ft. (45 sq. m)
in total floor area or 50% of the total floor area of the main building
on the lot, whichever is less;
(5)
be built within six feet (6') (2 m)of the main building on the lot.
(6)
exceed fifteen (15') feet (4.5 m) in height.
Satellite dishes greater than 2 feet (0.6 m) in diameter shall not be erected in
any zone in the Community unless a special permit has been issued by
Council.
Notwithstanding this above provisions, Council may issue a special
development permit for an accessory structure located within the front yard or
flanking side yard of a lot, where Council is satisfied the structure will be
architecturally compatible with adjacent structures and no permanent injury
would be caused to adjoining properties, subject to such conditions as Council
may impose.
4.25
ACCESSORY APARTMENTS
One (1) accessory apartment unit may be constructed within an existing single
family dwelling under the following conditions:
(a)
the developer shall submit a site plan indicating the proposed
location of at least one (1) additional parking space in
addition to the parking spaces required in the zone;
25
(b)
Council shall submit the building plans to the Provincial Fire
Marshall in order to ensure the provision of safe ingress and
egress to the accessory apartment and conformance with
Provincial Fire Codes;
(c)
where the residence is serviced by an on-site sewage
treatment system the developer shall provide a certificate
from a licensed PEI engineer indicating that the existing or
upgraded sewage treatment system is adequate to sustain long
term servicing capacity for the additional residential unit.
4.26
PERMITS POSTED
All permits shall be posted by the developer in a location easily visible for
viewing.
4.27
MOVING OF BUILDINGS
No building shall be moved within or into the area covered by this Bylaw
without a development permit and such other permits as may be required by
law.
4.28
HEIGHT REGULATIONS
The height regulations of this Bylaw shall not apply to church spires, water
tanks, flag poles, lighting standards, television or radio antennae, ventilators,
skylights, chimneys, clock towers, or utility poles.
4.29
INTERSECTION TRIANGLE
On a corner lot, a fence, sign, hedge, shrub, bush or tree or any other structure
or vegetation shall not be erected or permitted to grow to a height greater than
two feet above grade of the streets which abut the lot within the triangular
area indicated by the street boundary lines for a distance of 20' (6 m) from
their point of intersection.
4.30
PERMITTED USES IN ALL ZONES
The following uses are permitted in all zones:
(i)
Temporary construction facilities such as sheds, scaffolds and
equipment incidental to building on the premises for so long as work
is in progress or for a maximum period of six (6) months, whichever
is the shorter period.
26
(ii)
Public and private utility buildings and structures which are
considered by Council to be necessary and appropriate to the
municipality, subject to such lot requirements as Council deems
appropriate.
4.31
CONSTRUCT IN ACCORDANCE WITH APPLICATION
Any person who has been granted a development permit shall agree to
develop in accordance with the information given on the prescribed
application form and the conditions laid down by the development permit or
development agreement and shall comply therewith.
4.32
DENYING PERMITS
(i)
No development permit shall be issued if the proposed development
could create a hazard to the general public or any resident of the
municipality or could injure or damage neighbouring property or
other property in the municipality, such as injury or damage to
include but not be limited to water, drainage or other water run-off
damage.
(ii)
No development permit shall be issued if the proposed development
could create a health, fire or accident hazard or increase the likelihood
of the existence of rodents, vermin or other pests.
4.33
UNDERGROUND PETROLEUM STORAGE TANKS
Underground Petroleum Storage Tanks shall require a development permit
from the Community before installation may proceed. In processing such
application, the Community shall refer the application initially to the
government authority having jurisdiction for these facilities whereupon such
application will be processed in accordance with applicable regulations. The
Community shall not issue a permit to the Developer until it has received
WRITTEN approval from the appropriate authority. However, the written
approval of the latter shall not alone be conclusive of the right to have a
permit issued hereunder.
4.34
OUTDOOR SWIMMING POOLS
The installation of a swimming pool shall be permitted in any zone in
accordance with the following provisions:
27
(i)
The land owner shall first secure a Development Permit from
Council;
(ii)
A 6 ft. (1.8 m) fence shall be constructed in such a manner so as to
impede unauthorized persons from entering over or under said fence.
Such fence shall be aesthetically presentable and preference will be
given to wood type fence;
(iii)
Any gate on such fence shall be capable of being locked;
(iv)
The Developer shall agree that other reasonable initiatives regarding
maintenance and safety which are reasonable and prudent shall be
carried out either at the initiative of the Developer or the Council; and
(v)
the pool is not to be located within a required yard that abuts a street
right-of-way.
4.35
SURVEYS REQUIRED
Where the Development Officer is unable to determine whether the proposed
development conforms to this Bylaw and other bylaws and regulations in
force which affect the proposed development, Council may require that the
plans submitted under this Section be based upon an actual survey by a
licensed Prince Edward Island Land Surveyor.
4.36
CERTIFICATE OF COMPLIANCE
As a condition of any development permit Council may require that any
applicant shall not use or occupy, or being the owner thereof, shall not permit
any building or premises, or part thereof, to be used or occupied after it has
been erected, altered, placed or reconstructed until there has been issued to the
owner an official certificate of compliance certifying that the building or
premises or part thereof conform to the provisions of this Bylaw and any
conditions noted on the development permit or the development agreement.
4.37
GRADE OF SITE
No building shall be erected or placed except in conformance with the
finished grade for its site adjacent structures or the road, after its construction.
4.38
PETROLEUM STORAGE
(1)
Underground gasoline storage facilities shall not be permitted in any
agricultural zone; and
28
(2)
the storage of gasoline on a residential lot shall be limited to 50 litres
(13 gallons).
4.39
NON-CONFORMING USES
(1)
Subject to the provisions of this Bylaw, a building or structure, or use
of land, buildings or structures lawfully in existence on the effective
date of approval of this Bylaw may continue to exist;
(2)
A building or structure shall be deemed to exist on the effective date
of approval of this Bylaw if:
(a)
it was lawfully under construction, or
(b)
the permit for its construction was in force and effect, but this
clause shall not apply unless the construction is commenced
within six (6) months after the date of the issue of the permit
and is completed in conformity with the permit within a
reasonable time;
(3)
No structural alterations that would increase the exterior dimensions,
except as required by statute or bylaw, shall be made to a building or
structure while a non-conforming use thereof is continued;
(4)
If a building which does not conform to provisions of this Bylaw is
destroyed by a fire or otherwise to an extent of seventy-five percent
(75%) or more of the assessed value of the building above its
foundation, it shall only be rebuilt or repaired in conformity with the
provisions of this Bylaw, except if the building or repair work would
not be detrimental, in the opinion of Council, to the convenience,
health or safety of residents in the vicinity or the general public;
(5)
Any change of tenants or occupants of any premises or building shall
not of itself be deemed to affect the use of the premises or building
for the purposes of this Bylaw;
(6)
A non-conforming use of land, buildings or structures shall not be
permitted if it has been discontinued for a period of twelve (12)
months consecutively, and in such event, the land, building or
structure shall not thereafter be used except in conformity with this
Bylaw, except if the use would not be detrimental, in the opinion of
Council, to the convenience, health or safety of residents in the
vicinity or the general public.
29
4.40
BUSINESSES IN AGRICULTURAL ZONES
-IN-HOME OCCUPATIONS
Where a property is used for domestic and household arts, or business and
professional offices in a Agricultural zone, the following shall apply:
(i)
the dwelling shall be occupied as a residence by the principal operator
and the external appearance of the dwelling shall not be changed by
the business use.
(ii)
there shall be no more than two (2) non-resident assistants employed
in the business or profession or the domestic and household arts
carried on.
(iii)
not more than twenty-five percent (25%) of the total floor area of the
dwelling shall be occupied by the business or profession or domestic
and household arts use.
(iv)
adequate off-street parking, in accordance with this Bylaw, separate
from that required for the dwelling, shall be provided.
(v)
there shall be no open storage or display area.
(vi)
premise signs shall be restricted to a maximum of four hundred (400)
square inches (0.27 sq. m) in total.
(vii)
domestic and household arts shall include:
(a)
Dressmaking and tailoring
(b)
Hairdressing
(c)
Instruction in the arts (music, dance, etc.)
(d)
Arts and crafts, weaving, painting, sculpture, and repair of
garden or household ornaments, personal effects or toys.
4.41
RECREATIONAL TRAILERS OR VEHICLES
(1)
No person shall use or occupy a Recreational Trailer or Vehicle other
than in an approved Campground, unless Council has issued a
temporary permit for such use.
(2)
A permit issued in accordance with subsection (1) shall be valid for a
period of not more than 120 days, and shall not be renewed.
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(3)
A recreational trailer placed in accordance with these Regulations
shall be removed from the lot or parcel of land immediately following
expiry of the development permit.
4.42
MOBILE HOMES
Mobile homes shall not be permitted to be located within any zone.
4.43
BED AND BREAKFAST
Bed and breakfast establishments shall be permitted to operate in any single
family residence in any Agricultural Zone subject to the following:
(1)
the dwelling shall be occupied as a residence by the principal operator
and the external appearance of the dwelling shall not be changed by
the bed and breakfast operation;
(2)
not more than three (3) rooms shall be offered for overnight
accommodation;
(3)
adequate off-street parking, in accordance with this Bylaw, separate
from that required for the dwelling, shall be provided. This
requirement may be waived where Council deems there is adequate
on-street or off-street parking capacity in the area;
(4)
premise signs shall be restricted to a maximum of 900 square inches
(0.625 sq. m);
(5)
there shall be no other signage, open storage or visible display area.
Notwithstanding 4.43.2 above, Council may authorize a larger number of
rooms, where it is deemed that such a development is appropriate and there
would be no significant inconvenience or nuisance to adjoining properties.
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SECTION #5 - WIND ENERGY SYSTEMS
5.1
DEFINITIONS
For the purpose of this section the following definitions shall apply:
Wind Energy System (WES)
A Wind Energy System consists of a wind turbine, a tower, guy wires and
associated control or conversion electronics to convert wind mechanical
energy to electricity.
On-site Wind Energy System (OWES)
An On-Site Wind Energy System consisting of a wind turbine, a tower, and
associated control or conversion electronics, which is intended to provide
electrical power for on-site use only and is not intended or used to produce
power for resale or distribution. An OWES might be connected to the local
utility grid or be off-grid. On-site wind energy systems are classified as
follows:
a)
Micro OWES:
A wind energy conversion system, which has a rated capacity of less
than 5 KW.
b)
Small OWES:
A wind energy conversion system, which has a rated capacity of
between 5 and 30 KW.
c)
Medium OWES:
A wind energy conversion system, which has a rated capacity of
between 30 and 100 KW.
Commercial Wind Energy System (CWES):
A Commercial Wind Energy System is a system, which is intended to produce
electricity for resale or distribution purposes. A commercial wind energy
system could consist of a single freestanding windmill or a cluster of a
number of windmills situated in the same location called a wind farm.
Turbine:
The parts of a wind system including the rotor, generator and tail.
Total System Height:
The height from ground level to the top of the rotor at its highest point.
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Wind Turbine Tower:
The guyed or freestanding structure that supports a wind turbine generator.
Wind Turbine Tower Height:
The height above grade of the fixed portion of the wind turbine tower,
excluding the wind turbine and rotor.
Off-grid:
A stand-alone generating system not connected to or in any way dependent on
the utility grid.
Behind the meter:
A generating system producing power for use on a grid-connected property,
but which system may or may not be capable of sending power back into the
utility grid.
5.2
PERMITTED USE
Establishment of micro wind energy systems (with a rated capacity not more
than 5 KW) shall be permitted in all zones subject to meeting all requirements
of this section and any other relevant provisions of this Bylaw.
No person shall erect, construct or install a wind energy system without first
obtaining a development permit from Council. All OWES(s) shall be
constructed and operated in a manner that minimizes any adverse visual,
safety and environmental impacts.
No permits shall be issued for a Commercial Wind Energy System (CWES)
without an amendment to this Bylaw.
5.3
DEVELOPMENT PERMITS AND AGREEMENTS
Council may issue a Development Permit for the establishment of an OWES
with a rated capacity between 5 and 100 KW, subject to a written
development agreement signed by the applicant pursuant to such terms and
conditions, as Council deems necessary. Prior to the issuance of a
development permit, Council shall ensure that:
1.
The development does not cause any hardship to surrounding
property owners due to excessive noise, safety issues, traffic
congestion or any other potential disturbance;
2.
The development is deemed appropriate and complements the scale of
any existing development;
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3.
Property owners within 200 m (600 feet) of the subject OWES shall
be notified in writing of details of the proposed development and
asked to provide their comments;
4.
All other relevant provisions of this Bylaw and provincial Planning
Act and related national regulations shall be met.
5.4
SHARED WIND ENERGY SYSTEMS
An on-site SWES with a rated capacity between 5 and 100 KW shared by
multiple Single Family Dwellings may be permitted subject to meeting the
requirements of Section 5.3.
5.5
WALL OR ROOF-MOUNTED SYSTEMS
Considering wind energy fast pace technology, emerging new structures,
materials and specifications, every small wind energy system fixed to a
building shall be considered individually.
1.
A structural engineering analysis of such a wind turbine during
installation and operation may be required and certified by a licensed
professional engineer including requirements if the turbine is to be
installed on any Duplex and multi unit dwelling.
2.
The Wall or Roof-mounted turbine height shall be no higher than 5 ft.
above the building height.
5.6
WIND TURBINE TOWER HEIGHT
The Wind Turbine Tower Height is subject to the setback requirements
below, and provided that the application includes evidence that the proposed
height does not exceed the height recommended by the manufacturer or
distributor of the system.
5.7
SETBACK
1.
The turbine base shall be no closer to the property line than the two
times the height of the wind turbine.
2.
No part of the wind system structure, including guy wire anchors,
may extend closer than one meter (3 ft.) to the property boundaries of
the installation site.
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3.
The tower height of any OWES shall not exceed 24.4 metres (80 feet)
in any residential zone and 48.8 metres (160 feet) in any other zone.
4.
Any OWES shall be located at a distance of at least 1.5 times the total
system height from any habitable buildings.
Council may waive setback requirements from adjacent properties if such
adjacent property owner agrees to grant an easement binding on the current
and future owners.
In addition to satisfying the minimum setback requirement noted above, the
minimum distance of a freestanding wind turbine from an inhabited dwelling
shall meet the setback requirements for the noise generated (see section 5.8
below).
5.8
NOISE
1.
The mean value of the sound pressure level from any wind energy
systems shall not exceed more than 5 decibels (dBA) above
background sound, as measured at the exterior of the closest existing
or potential neighbouring inhabited dwelling (at the time of
installation or during operation), for wind speeds below 10 m/s and
except during short term events such as utility outages and/or severe
wind storms.
2.
Notwithstanding the above noise regulation, the maximum allowed
noise level generated by a wind energy system in residential areas
shall be 45 dBA for wind speed 10m/s, as measured at the exterior of
the existing (or future) closest neighbouring inhabited dwelling.
5.9
SHADOW FLICKER
Shadow flicker at any point of neighbouring inhabited dwelling shall be
minimized and not be permitted to exceed 30 hours per year as a result of the
operation of the wind turbine.
5.10
NUMBER OF TURBINES
A maximum of one small wind turbine (OWES) per property is permitted.
5.11
COMPLIANCE WITH CANADIAN BUILDING CODE
Permit applications for small wind energy systems (OWES) shall be
accompanied by standard drawings of the wind turbine structure, including
35
the tower, base, and footings, anchoring method and drawn to scale. An
engineering analysis of the wind turbine tower showing compliance with the
Canadian Building Code and certified by a licensed professional mechanical,
structural, or civil engineer shall also be submitted. Documentation of this
analysis supplied by the manufacturer shall be accepted.
5.12
COMPLIANCE WITH AIR TRAFFIC SAFETY REGULATIONS
Where it is required, small wind energy systems must comply with applicable
air traffic safety regulations. A statement on compliance by the applicant is
sufficient. Transport Canada must be notified of the location (latitude and
longitude) and height of all wind turbine installations through the aeronautical
clearance application process. Small wind turbine towers shall not be
artificially lighted except as required by Navigation Canada.
5.13
COMPLIANCE WITH EXISTING ELECTRIC CODES
Building permit applications for small wind energy systems shall be
accompanied by a line drawing of the electrical components in sufficient
detail to allow for a determination that the manner of installation conforms to
existing electrical codes, if applicable.
5.14
UTILITY NOTIFICATION
No grid-interconnected wind energy system shall be installed until evidence
has been provided that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. A
copy of a letter to the applicant's utility is sufficient. No response or evidence
of approval from the utility is required.
Off-grid systems and grid-tied systems that are capable of feeding onto the
grid with advanced control grid fault protection and disconnect switches
covered under the electrical code shall be exempt from this requirement.
5.15
ABANDONMENT OR DECOMMISSIONING
Should a wind energy system located on a site appear to Council to have
discontinued producing power for a minimum one year, the system's owner
must upon request from Council, prepare a status report. Following review of
the status report, if in the opinion of Council power will not be produced on
the site within a reasonable period of time, Council may order that the wind
energy system located on the site be decommissioned in accordance with the
decommissioning plan submitted at the time of the issuance of the
development permit.
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5.16
APPLICATION REQUIREMENTS
Applications shall contain the following information:
i)
The applicant's and property owner's name, address and phone
number;
ii)
A plot plan to scale showing property lines, easements, setback lines
and layout of all structures on the lot as certified by a surveyor
registered to practice in the Province of Prince Edward Island;
iii)
The location of all structures, habitable buildings, power lines or
other utility lines on site and on adjoining properties within a radius
equal to three (3) times the proposed tower height as certified by a
surveyor registered to practice in the Province of Prince Edward
Island;
iv)
Standard drawings, to scale, of the structural components of the WES,
including structures, pole or tower, base, footings, guy lines where
required, and guy line anchor bases;
v)
The drawing shall include the distance of these components from all
property as certified by a surveyor registered to practice in the
Province of Prince Edward Island;
vi)
The height and location of any structure over 10.7 metres (35 feet)
within a 153 metres (500 foot) radius on-site or off-site of the
proposed WES as certified by a surveyor registered to practice in the
Province of Prince Edward Island;
vii)
Certification from a professional engineer licensed to practice in the
Province of Prince Edward Island that the rotor and overspeed control
has been designed for the proposed use on the proposed site;
viii)
Copy of letters notifying in writing all property owners within 200
metres (600 feet) of the proposed WES.
xi)
Decommissioning Plan.
37
5.17
DESIGN REQUIREMENTS
1.
Height
The minimum height of the lowest position of the WES blade shall be
at least 6.1 metres (20 feet) for "mini" WES and at least 9.1 metres
(30 feet) for "small" and "medium" WES above the ground and/or
above the highest structure or tree within a 91.4 metres (300 foot)
radius.
2.
Fencing, Safety and Lighting
All towers or poles must be un-climbable by design or protected by
anti-climbing devices such as:
i)
fences with locking portals at least 1.8metres (6 feet) high;
ii)
anti-climbing devices 3.7 metres (12 feet) from the base of
the pole;
iii)
guy wires shall be marked in a fashion to make them clearly
visible with reflective guy wire guards to a minimum height
of 1.8 metres (6 feet) from the ground up;
iv)
lighting of the facility shall be prohibited, unless required by
Transport Canda;
v)
warning signs shall be posted at each property line and each
guy wire location;
vi)
no signs shall be displayed on any part of the WES.
Manufacturer's logos may be displayed only on the nacelle
and shall be no larger than 0.02 square metres (0.25 sq. ft.);
vii)
the WES shall be designed and placed in such a manner to
consider all adverse visual impacts on neighbouring areas.
The colours and surface treatment of the WES and supporting
structures
shall
minimize
disruption
of
the
natural
characteristics of the site.
5.18
CERTIFICATION AND DESIGN
i)
The WES shall be designed and installed in accordance with CSA
standards;
38
ii)
The safety of the design and installation of all WES towers shall be
certified by a professional engineer licensed to practice in the
Province of Prince Edward Island;
iii)
All WES shall be equipped with manual and automatic overspeed
controls to limit rotation of blades to speeds below the designed limits
of the conversion system. The professional engineer licensed to
practice in the Province of Prince Edward Island shall certify that the
rotor and overspeed control design and fabrication conform to proper
engineering practices;
iv)
The WES shall be designed and installed to withstand natural lighting
strikes as certified by a professional engineer licensed to practice in
the Province of Prince Edward Island.
5.19
APPROVALS
Preliminary approval of the WES shall only be granted after successful
completion of the application in conformance with this Bylaw and subject to
the provisions contained herein. Only then shall be applicant proceed to
construct the WES.
Final approval of the WES shall only be granted after successful inspection by
a professional engineer licensed to practice in the Province of Prince Edward
Island. Only then shall the applicant proceed to operate the WES.
5.20
SEVERABILITY
If any provision of this Section shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and
enforceable.
39
SECTION #6 - PARKING REQUIREMENTS
6.1
PREAMBLE
For every building to be erected, placed, used or enlarged, there shall be
provided and maintained off-street parking on the same lot to the extent, at
least, prescribed in this Section.
6.2
PARKING REQUIREMENTS
Primary Type of
Building
# of Parking Spaces
i)
Single
Family
Dwelling
2 parking spaces
ii)
Duplex Dwelling
2 parking spaces for each unit
iii)
Hotel, Motel or other
Tourist Establishment
1 parking space per quest/room or rental unit
and 1 parking space for each 23 sq. m. (250
sq. ft.) of floor area devoted for public use
(e.g. banquet rooms, lounge)
(iv)
Auditoriums, churches,
halls,
libraries,
museums,
theatres,
arenas, private clubs,
and other places of
assembly
Where there are fixed seats, 1 parking space
for every four (4) seats; where there are no
fixed seats, the seat count will be based on
the Fire Marshall's seating capacity rating.
v)
Hospitals and Nursing
Homes
.75 parking spaces per bed
vi)
Senior
Citizens
Apartments
and
Community
Care
Facilities
1.0 parking spaces per dwelling unit
vii)
Elementary School
1.5 parking spaces per teaching classroom
and 1 parking space for each six seats of
seating capacity in the auditorium
ix)
Secondary
School,
Colleges
As determined by Council at the time of
application.
40
6.3
ADDITIONAL PARKING SPACES
Additional parking spaces may be required, if in the opinion of Council the
spaces required under Section 7.2 will not meet anticipated parking
requirements.
6.4
OTHER REQUIREMENTS
Where parking facilities are required or permitted:
(1)
The parking area shall be maintained with a stable surface;
(2)
The lights used for illumination of the parking lot or parking station
shall be so arranged as to divert the light away from the streets,
adjacent lots and buildings;
(3)
The parking area shall be within three hundred ft. (300') (91.4 m) of
the location which it is intended to serve and shall be situated in the
same zone;
(4)
When the parking area is of a permanent hard surfacing, each parking
space shall be clearly demarcated with painted lines and maintained
on the parking lot;
(5)
A parking space shall consist of an area of not less than two hundred
sq. ft. (18.6 sq. m) measuring ten ft. (10') by twenty ft. (20') (6 m)
exclusive of driveways and aisles, unless otherwise authorized by
Council;
(6)
Entrances and exits to parking areas shall not exceed a width of thirty
ft. (30') (9 m) at the street line and edge of pavement; and
(7)
The width of a driveway leading to a parking or loading area, or of a
driveway or aisle in a parking area, shall be a minimum width of ten
ft. (10') (3 m) for one-way traffic, and a minimum width of twenty
ft.(20') (6 m) for two -way traffic.
6.5
LOADING ZONES
(1)
In any institutional zone, no person shall erect or use any building or
structure for manufacturing, storage, warehouse, department store,
retail store, wholesale store, market, freight or passenger terminal,
hotel, hospital, mortuary or other uses involving the frequent
41
shipping, loading or unloading or persons, animals, or goods, unless
there is maintained on the same premises with every such building,
structure or use one (1) off-street space for standing, loading and
unloading for every thirty thousand (30,000) sq. ft. (2,790 sq. m.) or
fraction thereof of building floor area used for any such purpose;
(2)
Each loading space shall be at least twelve feet (12') (3.6 m) wide
with a minimum of fourteen ft. (14') (4.25 m) height clearance.
(3)
The provision of a loading space for any building with less than
fifteen hundred (1,500) sq. ft. (139.5 sq. m.) shall be optional.
(4)
No such loading spaces shall be located within any required front
yard or be located within any yard which abuts a residential or open
space zone, unless in the opinion of Council adequate screening is
provided.
42
SECTION #7- AGRICULTURAL ZONE (A1)
7.1
GENERAL
Except as provided in this Bylaw, all buildings and parts thereof erected,
placed or altered or any land used in an A1 Zone shall conform with the
provisions of this Section.
7.2
PERMITTED USES
No building or part thereof and no land shall be used for purposes other than:
(1)
Single Unit Dwellings, Duplex Dwellings
(2)
Agricultural
(3)
Forestry
(4)
Parks and Open Space
(5)
Accessory Buildings which in the opinion of Council are clearly
incidental to the main use of land.
(6)
Accessory Buildings for the purpose of human habitation, in
connection with a farm.
Duplex dwellings and Mini Homes shall not be constructed on adjacent lots.
7.3
SPECIAL PERMIT USES
Notwithstanding Section 9.2 above, Council may issue a special development
permit for the following uses where it deems the development is appropriate,
all other relevant provisions of this Bylaw are met, and subject to such
conditions as Council may impose:
(1)
Resource Based Commercial
(2)
Resource Based Industrial
(3)
Child Care Facilities
7.4
LOT REQUIREMENTS
The following requirements shall apply to all uses in the Agricultural (A1)
Zone:
(i)
Minimum Lot Area
43,560 sq. ft. (1 acre)
(ii)
Minimum Frontage
150 feet (45 m)
(iii)
Minimum Front Yard
50 feet (15 m)
(iv)
Minimum Rear Yard
25 feet (7.5 m)
(v)
Minimum Side Yard
15 feet (4.5 m)
43
(vi)
Maximum Height of Any Building
2.5 Stories or 35 ft. ( 10.5m)
(vii)
Minimum Habitable Floor Area
750 sq. ft.
(viii)
Maximum Lot Coverage
10%
All lots must also conform to the Provincial Minimum Lot Standards as noted
in Appendix "B". (see attached)
7.5
INTENSIVE LIVESTOCK OPERATIONS
(1)
For the purpose of this Section "Intensive Livestock Operations"
means a place where livestock are found in a density greater than
seven animal units per acre of living space, with the calculation of
animal units to be determined by reference to Column 2 of Schedule
D of the Watercourse and Wetland Protection Regulations made
pursuant to the Environmental Protection Act.
(2)
The following separation distances shall apply to all new Intensive
Livestock Operations or extensions and to new residential
development in the vicinity of an Intensive Livestock Operation:
Distance of new or expanded Intensive Livestock
Operations from any dwelling on an adjacent
Property
500 feet (150 m)
Distance of new dwelling from an existing
Intensive Livestock Operations
500 feet (150 m)
Distance from public road
150 feet (45 m)
Distance from any domestic well
500 feet (150 m)
Distance from any lot line
50 feet (15 m)
(3)
All intensive livestock buildings shall have a manure storage facility
with a capacity for retention of manure for a period of time for which
conditions do not permit spreading.
(4)
Council may consult the Department of Agriculture for manure
storage capacities and design standards and shall require the livestock
operator to follow these capacity and design requirements.
(5)
The developer may also be required to undertake an Environmental
Impact Assessment in conjunction with the Department of
44
Environment and provide details of the assessment to Council as part
of the application process.
7.6
EXCAVATION PITS
(1)
No person shall operate an Excavation Pit in an Agricultural Reserve
Zone unless a valid permit has been issued pursuant to the provision
of this Section.
(2)
In this Section
(i)
"abandoned" in relation to an Excavation Pit, means an
Excavation Pit for which a valid permit has not been in force
for a period of one year;
(ii)
"contractor" means any Person who has an understanding,
agreement or contract with a Property Owner to open or
operate an Excavation Pit on the land of the Property Owner;
(iii)
"Excavation Pit" means any excavation in the ground for the
purpose of searching for or removing clay, gravel, sand,
shale, sub-soil, topsoil, rock or any other surface or
subterranean deposit, but does not include an excavation
made within the boundaries of a highway, or a snow-trap
constructed to protect a roadway from snow accumulation;
(iv)
"operate" in relation to an Excavation Pit, means to search
for, move or remove any clay, gravel, sand, shale, sub-soil,
topsoil, rock or any other surface or subterranean deposit, or
any part thereof;
(3)
Requirement for Permit
(i)
No person shall:
(a)
open or operate an Excavation Pit;
(b)
remove excavated material from an Excavation Pit;
(c)
being a Property Owner
(1)
allow any other Person to operate an
Excavation Pit on that Property; or
(2)
allow any other Person to remove excavated
material from that Property
Except in compliance with a valid permit issued under this
Bylaw.
45
(ii)
A Property Owner upon which an Excavation Pit is situated,
whether or not there has been a permit issued therefore, shall
at his or her own expense, comply with the provisions of an
order by Council for closure and restoration of the Excavation
Pit.
(4)
Application for Permits
(i)
Before opening or operating any Excavation Pit, a contractor
or Property Owner shall have made application for and be in
possession of a valid permit issued therefore.
(ii)
An application shall be made:
(a)
by the contractor in the case of an Excavation Pit that
is to be operated by a contractor, but must contain the
approval in writing of the Property Owner of the
Property upon which the Excavation Pit is to be
located; or
(b)
by the Property Owner on which the Excavation Pit is
to be located, in the case of an Excavation Pit that is
to be operated by the Property Owner.
(iii)
An application shall contain:
(a)
a map or plan showing the location, shape,
dimension, approximate area and description of the
Property upon which the Excavation Pit is to be
located and the location of the proposed Excavation
Pit, together with existing grades of the Property on
which the Excavation Pit is to be located, and the
anticipated grades of the Excavation Pit when it has
been abandoned;
(b)
details of the existing land Use of the proposed site of
the Excavation Pit;
(c)
information in respect of the Use of all land within a
distance of 500 metres (1,600 feet) of the boundary
of the proposed pit;
(d)
the location and extent of all Watercourses within the
Property boundaries or within 250 metres (800 feet)
of the proposed Excavation Pit;
(e)
the details of all drainage from the proposed
Excavation Pit;
46
(f)
the plans to prevent soil eroded from the Excavation
Pit from entering any adjacent Watercourses;
(g)
a description of all entrances and exits from the
proposed Excavation Pit;
(h)
the location and amount of all stockpiles of the mater
being excavated, overburden and waste;
(i)
proposals for the protection of people and livestock
from any hazards that may be created by the
Excavation Pit, including proposals for the fencing
and posting of Signs for the Excavation Pit;
(j)
a plan for the restoration of the site to a condition
suitable for agricultural, reforestation or other Use
acceptable to Council;
(k)
an undertaking to post a bond or other surety
acceptable to Council to cover the costs of carrying
out the restoration plan required in sub-clause (j); and
(l)
such other information as may be required by
Council.
(iv)
Each application under subsection (i) shall contain the real
property tax number and the name of the owner appearing on
the tax notices under the Real Property Tax Act, R.S.P.E.I.
1988, Cap. R-5.
(v)
A plan referred to clause (iii)(a) may be an aerial photograph,
a Survey Plan certified by a Prince Edward Island land
surveyor, or it may be a line drawing made by the Applicant,
but any plan submitted shall be of such detail and shall
identify the matters referred to in subsection (3) with such
clarity as shall be satisfactory to Council.
(vi)
Each application shall be accompanied by a fee of $100 made
payable to the Community of Union Road.
(vii)
No fee shall be payable in respect of an Excavation Pit for
which a valid permit has been in force within six months
prior to the date the application is received by Council and for
which a fee has been paid.
(5)
Issuance of Permits
(i)
No permit shall be issued:
47
(a)
if an application in accordance with subsection (4)
has not been submitted;
(b)
if the plan submitted by the Applicant does not
contain sufficient particulars;
(c)
if the Use of the land as an Excavation Pit would be
in contravention of any other act, regulation or
bylaw;
(d)
if any part of the proposed Excavation Pit is within
300 metres (1000 feet) of any residential Property
other than a residence occupied by the Applicant or
within 500 metres (1600 feet) of any church, school,
Hospital, cemetery, public hall, bathing beach, Public
Park or public playground;
(e)
if, in the opinion of Council, the location of a Road
from the Excavation Pit giving access to the highway
would create a hazard to the public;
(f)
if, in the opinion of Council, the proposals of the
Applicant are insufficient to provide reasonable
protection for people and livestock from the hazards
created by the Excavation Pit;
(g)
if, in the opinion of Council, any detrimental effect
on the water table or surface drainage patterns would
occur;
(h)
if any part of the site proposed for an Excavation Pit
is within 50 metres (160 feet) of a Watercourse;
(i)
if, in the opinion of Council, the operation of an
Excavation Pit at that location would create a conflict
with existing land Use, natural features or aesthetic
quality of the surrounding area;
(j)
if the bond or surety referred to in clause (4)(iii)(k)
has not been executed;
(k)
for any period of time exceeding one year from the
date of issue; or
(l)
for an Excavation Pit to be located within 60 metres
(200 feet) of a highway.
(ii)
Where Council is satisfied that the requirements of this
Bylaw have been complied with, it shall issue a permit for an
Excavation Pit subject to any conditions contained in the
permit.
(6)
Excavations from Excavation Pits
(i)
No Person shall in operating an Excavation Pit:
48
(a)
excavate below a line extending horizontally from an
adjacent Property boundary, within eight (8) metres
of that boundary; or
(b)
excavate below a gradient line which slopes
downward from an adjacent Property boundary at a
slope of one unit vertical to one unit horizontal.
(ii)
The holder of a permit for an Excavation Pit shall:
(a)
ensure that the interior of the Excavation Pit is
screened from view of every adjacent Highway either
by a growth of trees of sufficient density or by the
creation of an earthen berm;
(b)
control dust on the access Road to the Excavation Pit
by means of an approved method.
(iii)
The holder of a permit for an Excavation Pit shall, before an
Excavation Pit becomes an abandoned pit, slope all of the
walls of the Excavation Pit to a minimum 3:1 slope
(horizontal to vertical).
(iv)
No Person who holds a permit under this section shall fail to
carry out any proposal contained in the application or any
condition placed on the operation of the Excavation Pit.
49
SECTION #8- RECREATION AND OPEN SPACE ZONE (01)
8.1
GENERAL
Except as provided in this Bylaw, all buildings and parts thereof erected,
placed or altered or any land used in a 01 Zone shall conform with the
provisions of this Section.
8.2
PERMITTED USES
No buildings or part thereof and no land shall be used for purposes other than:
(i)
Public and Private Parks
(ii)
Open Space and Conservation Activities
(iii)
Golf Courses
(iv)
Recreational Uses
(v)
Pavillions and Band Shells
(vi)
Recreation Administrative Offices
(vii)
Parking lots related to the above
(viii)
Accessory Buildings
8.3
LOT REQUIREMENTS
Minimum Lot Area
1 Acre (.40 hectares)
Minimum Lot Frontage
150 feet (45m)
Minimum Front Yard
50 feet (15 m)
Minimum Rear Yard
50 feet (15 m)
Minimum Side Yard
25 feet (7.5 m)
Maximum Height of Building
2.5 stories or 35 feet (10.5 m)
All lots shall also conform to the Provincial Minimum Lot Standards as noted in
Appendix "B". (see attached)
50
SECTION #9 - PUBLIC SERVICE AND INSTITUTIONAL ZONE (PSI)
9.1
GENERAL
Except as provided in this Bylaw, all buildings and parts thereof erected, placed
or altered or any land used in a PSI zone shall conform with the provisions of
this Section.
9.2
PERMITTED USES
No building or part thereof and no land shall be used for purposes other than:
(1)
Institutional Buildings and uses
(2)
Group Homes
(3)
Civic Centres
(4)
Accessory Buildings
(5)
Public and Private Parks
(6)
Recreational Uses
9.3
LOT REQUIREMENTS
Minimum Lot Area
43,560 sq. ft. ( 1 acre)
Minimum Lot Frontage
150 feet ( 45 m)
Minimum Front Yard
50 feet (15 m)
Minimum Rear Yard
25 feet (7.5 m)
Minimum Side Yard
15 feet (4.5 m)
Minimum Flankage Yard
50 feet (15 m)
All lots shall also conform with the Provincial Minimum Lot Standards as noted
in Appendix "B". (see attached)
9.4
PARKING IN FRONT YARD
Where parking is provided in front of any building in a PSI Zone a fifteen foot
(15') (4.5 m) landscaped buffer shall be provided between the parking area and
the street boundary.
51
SECTION #10- ENVIRONMENTAL RESERVE ZONE (02)
10.1
GENERAL
Except as provided in this Bylaw, all buildings and parts thereof erected, placed
or altered or any land used in a 02 Zone shall conform with the provisions of
this Section.
10.2
PERMITTED USES
No building or part thereof and no land shall be used for purposes other than:
(1)
Passive recreational uses, such as skiing or hiking
(2)
Conservation related activities
(3)
Other development as approved by Council.
10.3
ZONE BOUNDARIES
The Zone Boundaries shall be interpreted to include all the area defined as either
a "wetland" or "watercourse" in Section 2 and in addition shall include the area
within fifteen metres (50 feet) of a "wetland" or "watercourse".
10.4
ZONE REQUIREMENTS
Within an Environmental Reserve 02 Zone no development may occur and no
disturbance to the ground soil or vegetation shall occur except in conformance
with the Watercourse and Wetland Protection Regulations made pursuant to the
Environmental Protection Act.
52
SECTION #11 -VARIANCES
11.1
MINOR VARIANCE
(1)
Council may authorize a minor variance not exceeding ten percent
(10%) from the provisions of this Bylaw if:
(a)
the variance does not violate the general intent and purpose of
this Bylaw;
(b)
the variance is for a unique circumstance and is not a difficulty
common to properties in the area;
(c)
the circumstance for which the variance is requested is not the
result of an intentional disregard for the requirements of this
Bylaw; and
(d)
there is, in the opinion of Council, no reasonable alternative.
(2)
Authorization for a minor variance shall be documented and recorded in
writing.
(3)
No variance shall be granted where the difficulty experienced is the
result of intentional or negligent conduct of the applicant in relation to
the property.
11.2
VARIANCES GREATER THAN 10%
(1)
Notwithstanding any other section of this Bylaw, Council may,
authorize variances in excess of ten percent (10%) variance from the
provisions of this Bylaw if:
(a)
the variance meets the provisions of subsection 13.1;
(b)
the owners of adjoining properties have been notified of
the proposed variance, and given the opportunity to
comment on the matter.
(2)
Where Council deems that a variance application could have a
significant affect on adjacent properties or properties in the general
vicinity, Council may require that a public meeting be held pursuant to
the provisions of Section 14.6.
53
SECTION #12- AMENDMENTS
12.1
APPLICATION FOR AMENDMENT
Any person desiring an amendment (s) to the provisions of these Bylaws shall
apply to Council, in writing, describing, in detail, the reasons for the desired
amendment(s) and requesting Council to consider the proposed amendment(s).
12.2
APPLICATION FOR RE-ZONING
(a)
Any application for re-zoning shall be deemed to be an application to
amend these Bylaws.
(b)
Any application to re-zone shall include a legal description of and the
location of the property(ies) to be re-zoned, the name and address of the
owners of the property(ies) and, if the applicant is not the owner, a
statement as to the applicant's interest in the property.
12.3
AMENDMENT FEE
(a)
Any application for an amendment shall be made, in writing, along with
a non-refundable application fee of two hundred and fifty dollars
($250), to the Development Officer.
(b)
If the amount paid by the applicant as set out in Subsection 4 is not
sufficient to cover the costs of notifying affected property owners and
other expenses related to the cost of the amendment, the applicant shall
pay to the Development Officer the additional amount required, before
Council gives final approval to the amendment; or if the amount paid is
more than sufficient, the Development Officer shall refund the excess
amount.
12.4
NOTICE TO PROPERTY OWNERS
(a)
When an application has been received for a re-zoning, all affected
property owners within a five hundred foot (500') (15.2 m) radius of the
subject property shall be notified of the application by the administrator.
(b)
This notification of affected property owners set out in clause (a) shall
be in addition to the advertisements for the public hearing, and shall be
delivered to all affected property owners by mail at least seven (7) clear
days prior to the date fixed for the public meeting.
54
12.5
COUNCIL'S REVIEW
(a)
Council shall determine whether or not to pursue such an amendment,
and before making any decision shall examine the Official Plan to
ensure that the proposed amendment will not be contrary to any policy
within the Official Plan.
(b)
No amendment shall be made in these Bylaws which would be contrary
to any policy of the Official Plan without a review and amendment of
the Official Plan in accordance with the requirements of Section 18 (2)
of the Planning Act (1988).
12.6
PUBLIC MEETING
(a)
No amendment shall be made to the provisions of these Bylaws unless
Council provides for adequate public notice and a public meeting
pursuant to the provisions of the Planning Act.
(b)
At any public meeting called in respect of a proposed amendment(s) to
these Bylaws, Council shall preside, the person proposing the
amendment or their designate shall describe and defend the proposed
amendment, and the opinions of any person shall be heard for
consideration by Council.
(c)
Council shall instruct the Development Officer to notify the applicant
that the proposed amendment to these Bylaws has been approved or
denied. Where a proposed amendment to these Bylaws has been denied
by Council, the reasons for the denial shall be stated, in writing to the
applicant.
(d)
Council shall not entertain any new application for the same proposed
amendment(s) to these Bylaws for a period of one (1) year from the date
of previous application of proposed amendment to these Bylaws.
55
SECTION #13 - GENERAL PROVISIONS FOR SUBDIVIDING LAND
13.1
SUBDIVISION APPROVAL
No person shall subdivide one or more lots or any portion of a lot and no person
shall consolidate two or more parcels of land until the conditions of this Bylaw
have been complied with and the applicant has received final approval from the
Council.
13.2
CONVEYING INTEREST IN A LOT
No person shall sell or convey any interest in a lot in a subdivision before
Council has issued a stamp of approval for the subdivision in which the lot is
situated.
13.3
PERMISSION TO SUBDIVIDE
No person shall subdivide land within the Community unless the subdivision:
(i)
conforms with the requirements of this Bylaw;
(ii)
is suitable to the topography, physical conditions, soil characteristics,
and natural and surface drainage of the land;
(iii)
will not cause undue flooding or erosion;
(iv)
has convenient street access;
(v)
has adequate utilities and services available or can be conveniently
provided with such utilities and services;
(vi)
will reasonably conform with existing land use in the immediate
vicinity;
(vii)
will provide for safe and convenient traffic flow;
(viii)
is designed so that lots will have suitable dimensions, shapes,
orientation and accessibility;
(ix)
is suitable to the use for which it is intended, and the future use of
adjacent lands;
56
(x)
the parcel of land in respect of which the permit is requested has
frontage on a public road or a private right-of-way established pursuant
to Section 4.12 of this Bylaw;
(xi)
would not be detrimental to the convenience, health or safety of
residents in the vicinity or the general public; or
(xii)
would not result in undue damage to the natural environment.
13.4
CHANGES TO EXISTING LOTS
(1)
No person shall reduce the dimensions or change the use of any lot in an
approved subdivision where Council deems these would be a
detrimental effect on neighbouring property owners.
(2)
Where an application to subdivide land would change the dimensions or
the use of a lot in an existing approved subdivision, Council shall notify
all property owners within 500 feet (152 metres) of the boundaries of
the lot in writing, informing them of the details of the application and
soliciting their comments.
13.5
SPECIAL REQUIREMENTS - AGRICULTURAL (A1) ZONE
(1)
Within an Agricultural (A1) Zone, no Person shall be permitted to
subdivide from any existing Parcel of land more than three (3) Lots.
(2)
For the purposes of this Section "existing Parcel" shall mean a Parcel of
land which was held in separate ownership as of July 9, 1994.
(3)
Any Lots subdivided pursuant to this Section shall conform to the Lot
requirements for an A1 Zone and all other relevant provisions of this
Bylaw.
(4)
No person shall establish more than one access driveway or street for
each 660 ft. (200 m) of property frontage on a highway, or portion
thereof.
(4)
Within an Agricultural (A1) Zone:
(i)
a residential Subdivision shall not be permitted within 150
metres (500 feet) of an existing intensive livestock operation.
57
(ii)
where a residential Subdivision is proposed, Council shall
notify operators of intensive livestock operations within 300
metres (1,000 feet) and invite their comments.
(5)
Notwithstanding the above, Council may authorize the Subdivision and
consolidation of farmland for farm purposes, provided that any residual
parcels which are created comply with the provisions of this Bylaw
(i)
where a new intensive livestock operation is proposed within
300 metres (1,000 feet) of an existing residential Subdivision
Council shall notify the Property owners and invite their
comments.
13.6
SPECIAL REQUIREMENTS - COASTAL SUBDIVISIONS
(1)
Where a Subdivision is located along a Watercourse, the Subdivision
shall include the following:
(i)
public access to the Watercourse if the Property being
subdivided includes frontage on a beach or Watercourse, with at
least one access to be located approximately every 200 metres
(656 ft.) of Watercourse Frontage;
(ii)
where appropriate, the area to be set aside as Parkland
dedication shall be located at least in part along the
Watercourse; and
(iii)
Watercourse accesses shall measure at least 20 ft. (6.1 metres)
in width.
13.7
PARKLAND DEDICATION AND/OR PARK DEDICATION FEE
Except for the severing of a single lot for residential purposes, any person who
severs two (2) or more lots within the Community may, at the time of
subdivision, be required to dedicate and deed to the Community, free of all
encumbrances, 10 percent (10%) of the land included in the subdivision, to the
Community for recreation and public open space purposes; as per the following:
(a)
Council shall have the power to choose what land within the
subdivision shall be deeded; and
(b)
Where no dedication of land is deemed appropriate with respect
to the severing of three (3) or more lots, Council may require a
cash payment equivalent to ten percent (10%) of the value of
58
the unsubdivided land. Any monies so collected shall be
designated for the purpose of purchase or maintenance of
recreational and public open space lands within the Community.
13.8
SUBDIVISION AGREEMENT
Council may require an applicant to enter into a subdivision agreement as a
condition of subdivision approval. The subdivision agreement may cover any
matters as required by Council and may include, but be limited to the following:
(i)
design and construction costs of water supply, sanitary and storm
sewers, roads, and street lighting;
(ii)
dedication of land for recreation and public open space purposes, or
payment of a fee in lieu of land;
(iii)
deeding of roads to the Province;
(iv)
deeding of utility systems to the Community;
(v)
posting of a financial guarantee satisfactory to Council;
(vi)
assignment of costs associated with the drafting and execution of this
agreement; and
(vii)
any other matter(s) that Council deems necessary to conform with this
Bylaw or to ensure the health, safety and convenience of community
residents and the travelling public.
All subdivision agreements require registration with the Registry of Deeds.
13.9
APPLICATION AND APPROVAL PROCESS
(1)
Applications to Subdivide land in the Community of Union Road shall
be submitted on a form as prescribed by Council.
(2)
All Subdivision applications may be required to be accompanied by the
following:
(i)
an orthophoto showing the location of the land and all adjoining
properties;
(ii)
a description of land uses on the surrounding properties;
59
(iii)
a contour map showing the topography of the site with at least 2 metre
(6.5 ft.) contour lines;
(iv)
a conceptual design showing the location and dimensions of all
proposed lots, roads, sidewalks, walkways and trails, Parks and Open
Space, streams, wetlands and other site features such as woodlands.
(3)
The Development Officer may require such other information as may
reasonably be required to assess the impact of any Subdivision,
including but not limited to the following:
(i)
a written assessment by the Provincial Government on any potential
Environmental impacts, including any requirements imposed by
provincial legislation or regulations;
(ii)
soil and water testing;
(iii)
a written assessment by the Provincial Government on any access,
transportation or pedestrian issues related to the design;
(iv)
a storm water management plan prepared by a qualified engineer;
(v)
a conceptual servicing plan prepared by a qualified engineer;
(vi)
any other studies or documentation required by the Development
Officer in order to adequately assess the impact of the proposed
subdivision.
(4)
After reviewing all information required by the Development Officer,
Planning Board may make a recommendation to Council for approval or
rejection of the subdivision application.
(5)
Council may either accept or reject the recommendations of Planning
Board. Where Council generally accepts the details of a Subdivision
Application, Council may issue a preliminary approval, which shall
include all conditions which shall be imposed on the Development.
(6)
The Development Officer shall then negotiate and execute a
Subdivision Agreement which addresses all the above noted conditions
and all other matters noted in Section 15.8.
60
13.10 FINAL APPROVAL
1.
Final subdivision approval shall be granted by Council only after the
applicant has complied fully with all applicable requirements of this
Section and has submitted seven (7) copies of a final subdivision plan
showing all lots pinned and certified by a an accredited member of the
Association of Prince Edward Island Land Surveyors.
2.
The Development Officer, on behalf of Council, shall give notice of
final approval of a subdivision in writing to the applicant. Council shall
place its approval stamp on the seven (7) copies of the survey plan and
shall return one copy to the applicant.
3.
Final approval of a subdivision plan shall not be given by Council until:
(a)
the survey plan has been submitted for recommendations to any
appropriate provincial or federal government departments;
(b)
all agreements and other pertinent documents have been
prepared and concluded to the satisfaction of Council;
(c)
all transactions involving the transfer of money or land in
conjunction with the subdivision of land have been secured to
the satisfaction of Council,
(d)
a digital file containing the (real earth) geographic co-ordinates
of said plan of subdivision has been submitted.
13.11
SEVERANCES/CONSOLIDATION
Notwithstanding the above provisions, Council may approve applications for
single lot subdivisions, partial lots or easements and lot consolidations at its
discretion, having regard for only those provisions which it deems applicable to
each individual application, provided the application conforms with all other
Sections of this Bylaw.
13.12 BUILDING PERMITS
A building permit shall not be issued in a subdivision until all the requirements
of the subdivision approval have been fulfilled.
61
SECTION #14 - APPEAL AND ENFORCEMENT
14.1
APPEAL
1.
Any person who is dissatisfied with a decision of Council in the
administration of the Official Plan or the Zoning and Subdivision
Bylaws may appeal Council's decision to the Island Regulatory and
Appeals Commission.
2.
The appellant will register a notice of Appeal to the Commission,
stating the grounds for the appeal and the relief sought. Appeals must
be made within twenty-one (21) days of Council's decision.
3.
The appellant will, within seven (7) days of filing an appeal with the
Commission, serve a copy of the notice of Appeal on the Council.
4.
No Appeal lies from a decision of Council respecting the final approval
of a subdivision where the grounds for the Appeal are matters that could
have been heard and determined at the stage of preliminary approval of
the subdivision.
14.2
ENFORCEMENT
A person who violates any provision of this Bylaw is guilty of an offence and
liable on summary convictions.
(i)
In the case of a first or subsequent offence, to a fine not exceeding two
thousand ($2,000.00) dollars in each case together with the cost of
prosecution and in default of payment of the fine and costs, to
imprisonment for a term not exceeding three (3) months, unless the fine
and costs of enforcing the same, are sooner paid.
(ii)
Where the offence is a continuing offence, to a fine not exceeding four
hundred ($400.00) dollars for every day the said offence continues,
together with the cost of prosecution, and in default of payment of the
fine or costs, to imprisonment not exceeding three (3) months, unless
the fine and costs of prosecution are paid within the time provided by
the court.
(iii)
The Judge presiding on any prosecution under this Bylaw may fix the
costs of prosecution to be paid by the person found guilty hereunder.
(iv)
The provisions of this Bylaw may be enforced by Council via
injunction.
62
SECTION #15 - REPEAL
15.1
EFFECTIVE DATE
This Bylaw shall come into force effective
.
15.2
REPEAL
The Community of Union Road Zoning and Subdivision Control Bylaw 2007 is
hereby repealed.
63
APPENDIX "A"
OFFICIAL ZONING MAP
64
APPENDIX "B"
1.
Notwithstanding any provisions of this Bylaw, no person shall subdivide a lot intended
to be serviced by an on-site sewerage system except in conformance with the minimum
lot size standards noted in Table 1 and Table 2 below.
TABLE 1
MINIMUM LOT SIZE STANDARDS
RESIDENTIAL DEVELOPMENTS
a)
Servicing
b)
Lot
Category
c)
Minimum
Lot Frontage
d)
Number
of
Dwelling
Units
e)
Minimum Lot Area
sq. ft./sq. m
f)
Minimum
Circle
Diameter to be
contained
within
the
boundaries of
the
lot
feet/metres
On-site
water
supply and
on-site
sewerage
disposal
system
I
100 feet/
30.5 m
(or
50
feet/15.25
m, where the
frontage
is
on
the
interior
curve of a
street)
1
2
3
4
more
than 4
25,000 sq.ft./2,322.5
sq.m
30,000
sq.ft./2,787
sq.m
35,000 sq.ft./3,251.5
sq.m
40,000
sq.ft./3,717
sq.m
40,000
sq.ft./3,717
sq.m
plus 1,500 sq.ft./457
sq.m
for
each
additional unit
150 ft./ 45.7 m
160 ft./ 48.8 m
175 ft/ 53.3m
200 ft./ 61m
200 ft./ 61 m
On-site
water
supply and
on-site
sewage
disposal
system
II
100 feet/
30.5 m
(or
50
feet/15.25
m, where the
frontage
is
on
the
interior
curve of a
street)
1
2
3
4
more
than 4
35,000 sq.ft./3,251.5
sq.m
40,000
sq.ft./3,717
sq. m
45,000 sq.ft./4,180.5
sq.m
50,000
sq.ft./4,645
sq. m
50,000 sq. ft./4,645
sq.m,
plus
1,500
sq.ft./457sq. 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
65
On-site
water
supply and
on-site
sewage
disposal
system
III
100 feet/
30.5 m
(or
50
feet/15.25
m, where the
frontage
is
on
the
interior
curve of a
street)
1
2
3
4
more
than 4
51,000
sq.ft./4,738
sq.m
56,000
sq.ft./5,202
sq. m
61,000
sq.ft./5,667
sq. m
66,000
sq.ft./6,131
sq. m
66,000
sq.ft./6,131
sq.m
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
disposal
system
IV
100 feet/
30.5 m
(or
50
feet/15.25
m, where the
frontage
is
on
the
interior
curve of a
street)
1
2
3
4
more
than 4
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
disposal
system
V
N/A
N/A
Not developable
N/A
Central
water
supply and
on-site
sewage
disposal
system
I
50 feet/
15.25 metres
1
2
3
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
125 ft./ 38.1 m
150 ft./ 45.7 m
160 ft./ 48.8 m
175 ft./ 53.3 m
66
more
than 4
35,000 sq.ft./3,251.5
sq.m
plus 1,500 sq.ft./457
sq.m
for each additional
unit
175 ft./ 53.3 m
Central
water
supply and
on-site
sewage
disposal
system
II
50 feet/
15.25 m
1
2
3
4
more
than 4
25,000 sq.ft./2,322.5
sq.m
30,000 sq. ft./2,787
sq.m
35,000 sq.ft./3,251.5
sq.m
40,000 sq. ft./3,717
sq.m
40,000 sq. ft./3,717
sq.m
plus
1,500
sq.ft./457 sq.m
for each additional
unit
150 ft./ 45.7 m
160 ft./ 48.8 m
175 ft./ 53.3 m
200 ft./ 61 m
200 ft./ 61 m
Central
water
supply and
on-site
sewage
disposal
system
III
50 feet/
15.25 metres
1
2
3
4
more
than 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
250 ft./ 76.2 m
275 ft./ 83.8 m
275 ft./ 83.8 m
Central
water
supply and
on-site
sewage
disposal
system
IV
50 feet/
15.25 metres
1
2
3
4
more
than 4
60,000 sq. ft./5,580
sq. m
65,000 sq .ft./6,450
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
1,500
275 ft./83.8 m
67
sq.ft/457 sq.m for
each additional unit
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
I or II
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
160 ft./ 48.8 m
160 ft./ 48.8 m
On-site
water
supply and
central
waste
treatment
system
III
50 feet/
15.25 metres
1
2
3
4
more
than 4
20,000
sq.ft./1,858
sq.m
25,000 sq.ft./2,322.5
sq.m
30,000
sq.ft./2,787
sq. m
35,000 sq.ft./3,251.5
sq.m
35,000 sq.ft./3,251.5
sq.m
plus 1,500 sq.ft./457
sq.m
for
each
additional unit
125 ft./ 38.1 m
150 ft./ 45.7 m
160 ft./ 48.8 m
175 ft./ 53.3 m
175 ft./ 53.3 m
Central
water
supply and
waste
treatment
systems
I, II or III
n/a
any
number
as determined by the
Minister
as determined
by the Minister
68
TABLE 2
MINIMUM LOT SIZE STANDARDS:
NON-RESIDENTIAL LOTS
a) Servicing
b) Lot
Category
c) Minimum
Lot Frontage
c) Minimum Lot
Area
d) Minimum Circle
Diameter to be
contained within the
boundaries of the Lot
feet/metres
On-site
water and
on-site
sewage
disposal
system
I
100 feet/
30.5 metres
(or 50
ft/15.25
metres, where
the frontage is
on the interior
curve of a
street)
25,000 sq.
ft./2,322.5 sq. m
150 ft./ 45.7 m
On-site
water and
on-site
sewage
disposal
system
II
100 feet/
30.5 metres
(or 50
ft/15.25
metres, where
the frontage is
on the interior
curve of a
street)
35,000 sq.
ft./3,251 sq. m
175 ft./ 53.3 m
On-site
water and
on-site
sewage
disposal
system
III
100 feet/
30.5 metres
(or 50
ft/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
I
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
II
50 feet/
15.25 metres
25,000 sq.
ft./2,322.5 sq. m
150 ft./ 45.7 m
69
Central
water
supply and
on-site
sewage
disposal
system
III
50 feet/
15.25 metres
35,000 sq.
ft./3,251.5 sq. m
175 ft./ 53.3 m
On-site
water supply
and central
waste
treatment
system
I, II or
III
50 feet/
15.25 metres
15,000 sq.
ft./1,393.5 sq. m
100 ft./ 30.5 m
Central
water supply
and waste
treatment
system
I, II or
III
n/a
As determined by
the Minister
As determined by the
Minister
2)
Every lot on a plan of subdivision shall be categorized in accordance
with the following site suitability standards:
(a)
Category I, where
(i) the depth to permeable natural soil is 2 feet (0.61 metres)
or greater,
(ii) the depth to bedrock is 4 feet (1.22 metres) or greater,
and
(iii) the depth to the maximum groundwater elevation is 4
feet (1.22 metres), or greater;
(b)
Category II, where
(i) the depth of permeable natural soil is greater than 1 foot
(0.3 metres), but less than 2 feet (0.61 metres),
(ii) the depth to bedrock is 4 feet (1.22 metres) or greater,
and
(iii) the depth to the maximum groundwater elevation si 4
feet (1.22 metres) or greater;
(c)
Category III, where
(i) the depth of permeable natural soil is 1 foot (0.3 metres)
or greater,
(ii) the depth to bedrock is 2 feet (0.61 metres) or greater, but
less than 4 feet (1.22 metres), or
(iii) the depth to the maximum groundwater elevation is 2
feet (0.61 metres) or greater, but less than 4 feet (1.22
metres);
70
(d)
Category IV, where
(i) the lot has a depth of permeable natural soil of less than 1
foot (0.3 metres),
(ii) the depth to bedrock is greater than 1 foot (0.3 metres),
and
(iii) the depth of the maximum groundwater elevation is
greater than 2 feet (0.61 metres);
(e)
Category V, where
(i) the depth to bedrock is less than 1 foot (0.3 metres), and
(ii) the depth to the maximum groundwater elevation is
greater than 2 feet (0.61 metres).