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## Town of Souris Land Use Bylaw Bylaw 2024-01
Effective May 16, 2024
| Original date of approval by Minister | May 16, 2024 |
|-----------------------------------------|----------------|
| Amended: | |
| Amendment Number | Effective Date |
Prepared by SJ Murphy Planning & Consulting, in association with Tracey Wade, RPP, MCIP, and Mitch Underhay
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## Effective Date
The effective date of the Town of Souris Land Use Bylaw, Bylaw # 2024-01, is the date as signed below by the Minister of Housing, Land and Communities.
## Authority
The Council for the Town of Souris, under the authority vested in it by sections 16-19 of the Planning Act R.S.P.E.I. 1988 Cap P-8, hereby enacts as follows:
## First Reading:
The Town of Souris Land Use Bylaw, Bylaw # 2024-01, was read and approved a first time at the Council meeting held on January 8, 2024.
## Second Reading:
The Town of Souris Land Use Bylaw, Bylaw # 2024-01, was read and approved a second time at the Council meeting held on the February 12, 2024.
## Adoption and Approval by Council:
The Town of Souris Land Use Bylaw, Bylaw # 2024-01, was adopted at the Council meeting held on February 12, 2024.
This Town of Souris Land Use Bylaw, Bylaw # 2024-01 was declared to be passed on February 12, 2024.
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Sebre Darphy
Mayor (signature sealed)
Shuly Savie
Chief Administrative Officer signature sealed)
## Ministerial Approval
The Town of Souris Land Use Bylaw, Bylaw # 2024-01 is hereby approved.
Dated on this 16 day of may. - 2024.
Minister of Housing, Land and Communities
## Town of Souris Land Use Bylaw, Bylaw # 2024-01
## Table of Contents
| TABLE OF CONTENTS | TABLE OF CONTENTS | |
|-------------------------------------|----------------------------------------------------|----|
| 1. SCOPE | 1. SCOPE | 1 |
| 1.1 | TITLE | |
| 1.2 | AUTHORITY | |
| 1.3 | AREA DEFINED | |
| 1.4 | PURPOSE | |
| 1.5 | SCOPE | |
| 1.6 | AUTHORITY OF DEVELOPMENT OFFICER | |
| 1.7 | PERMITTED USES | |
| 1.8 | CERTAIN WORDS | |
| 1.9 | UNITS OF MEASURE | |
| 1.10 | SCHEDULES | |
| 2. DEVELOPMENT ZONES | 2. DEVELOPMENT ZONES | |
| 2.1 | DEVELOPMENT ZONES | |
| 2.2 | INTERPRETATION OF ZONE BOUNDARIES | |
| 2.3 | ZONING MAP | |
| 3. | ADMINISTRATION | |
| 3.1 | DEVELOPMENT APPROVAL | |
| 3.2 | NO DEVELOPMENT PERMIT REQUIRED | |
| 3.3 | LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS | |
| 3.4 | PERMIT APPLICATION | |
| 3.5 | | |
| 3.6 | OTHER INFORMATION | |
| 3.7 | SURVEYS REQUIRED | |
| 3.8 | STORMWATER MANAGEMENT PLAN | |
| 3.9 | CONDITIONS ON PERMITS | |
| 3.10 | PROCEDURES FOR SPECIAL PERMIT USES | |
| 3.11 | FIRE MARSHAL APPROVAL | |
| 3.12 | DEVELOPMENT AGREEMENT | 10 |
| 3.13 | CERTIFICATE OF COMPLIANCE | 10 |
| 3.14 | AUTHORIZATION FOR INSPECTION | 11 |
| 3.15 | PERMITS POSTED | 11 |
| 3.16 | EXPIRY OF APPROVALS | 11 |
| 3.17 | DEMOLITION OR MOVING PERMITS | 11 |
| 3.18 | DEVELOP IN ACCORDANCE WITH APPLICATION | 11 |
| 3.19 | DENYING PERMITS | |
| 3.20 | CONSTRUCTION PLAN | 12 |
| 4. GENERAL PROVISIONS FOR ALL ZONES | 4. GENERAL PROVISIONS FOR ALL ZONES | 13 |
| 4.1 | ACCESSIBILITY & BARRIER FREE DESIGN | 13 |
| 4.2 | ACCESSORY STRUCTURES | 13 |
| 4.3 | BED AND BREAKFAST AND SHORT-TERM RENTALS | 13 |
| 4.4 | BUILDING TO BE ERECTED ON A LOT | 14 |
| | ENCROACHMENTS PERMITTED | |
|--------------------------------------|-----------------------------------------------|----|
| | NON-CONFORMING LOTS | |
| | NON-CONFORMING STRUCTURES & USES | |
| | FRONTAGE ON A STREET | |
| | GRADE OF SITE | 16 |
| 4.11 | HEIGHT REGULATIONS | 16 |
| 4.12 | HOME-BASED BUSINESSES | 17 |
| 4.13 | LANDSCAPING | 18 |
| 4.14 | MAIN BUILDING | 19 |
| 4.15 | MAXIMUM LOT COVERAGE | 20 |
| 4.16 | MIXED USE | 20 |
| 4.17 | MOBILE HOMES | |
| 4.18 | ON-SITE WELLS AND SEPTIC SYSTEMS | |
| 4.19 | OUTDOOR AREA LIGHTING | |
| 4.20 | PERMITTED USES IN ALL ZONES | |
| 4.21 | PETROLEUM STORAGE | |
| 4.22 | RECREATIONAL VEHICLES | |
| 4.23 | RENEWABLE ENERGY SYSTEMS | |
| 4.24 | REQUIREMENTS FOR STRUCTURES WITH COMMON WALLS | |
| 4.25 | SECONDARY SUITES AND GARDEN SUITES | |
| 4.26 | SWIMMING POOLS | |
| 4.27 | TEMPORARY USES | |
| 4.28 | VISIBILITY AT STREET INTERSECTIONS | 25 |
| | 5. SIGNAGE | 26 |
| 5.1 | GENERAL | 26 |
| 5.2 | MAINTENANCE | |
| 5.3 | NUMBER OF SIGNS | |
| 5.4 | SIGNS PERMITTED IN ALL ZONES | |
| 5.5 | SIGNS PROHIBITED IN ALL ZONES | |
| 5.6 | FASCIA SIGNS | |
| 5.7 | PROJECTING SIGNS | |
| 5.8 | FREE-STANDING SIGNS | |
| 5.9 | CANOPIES OR AWNINGS | 29 |
| 5.10 | SANDWICH SIGNS | |
| 5.11 | SIGNS FOR SPORTS FIELDS AND OUTDOOR STADIUMS | |
| | 6. PARKING REQUIREMENTS | 30 |
| 6.1 | PARKING REQUIREMENTS | 30 |
| 6.2 | OTHER REQUIREMENTS | 30 |
| 6.3 | LOADING ZONES | 31 |
| 6.4 | WAIVER OF COMMERCIAL PARKING REQUIREMENTS | 31 |
| 6.5 | ACCESSIBLE PARKING | 32 |
| 7. LOW-DENSITY RESIDENTIAL ZONE (R1) | 7. LOW-DENSITY RESIDENTIAL ZONE (R1) | 33 |
| 7.1 | GENERAL | 33 |
| 7.2 | PERMITTED USES | 33 |
| 7.3 | SPECIAL PERMIT USES | 33 |
| 7.4 | SERVICING | 33 |
| 7.5 | LOT REQUIREMENTS | 34 |
| 8. MEDIUM-DENSITY RESIDENTIAL ZONE (R) | 8. MEDIUM-DENSITY RESIDENTIAL ZONE (R) | 35 |
|-----------------------------------------------|------------------------------------------------|------|
| 8.1 | GENERAL | 35 |
| 8.2 | PERMITTED USES | 35 |
| 8.3 | SPECIAL PERMIT USES | 35 |
| 8.4 | SERVICING | 35 |
| 8.5 | LOT REQUIREMENTS | 35 |
| 2. MIXED-DENSITY RESIDENTIAL ZONE (R3) | 2. MIXED-DENSITY RESIDENTIAL ZONE (R3) | 37 |
| 9.1 | GENERAL | 37 |
| 9.2 | PERMITTED USES | 37 |
| 9.3 | SPECIAL PERMIT USES | 37 |
| 9.4 | SERVICING | 37 |
| 9.5 | LOT REQUIREMENTS | 37 |
| 10. GENERAL COMMERCIAL ZONE (C1) | 10. GENERAL COMMERCIAL ZONE (C1) | 39 |
| 10.1 | GENERAL | 39 |
| 10.2 | PERMITTED USES | 39 |
| 10.3 | SPECIAL PERMIT USES | 39 |
| 10.4 | LOT REQUIREMENTS | 39 |
| 10.5 | SETBACKS FOR FIRE-RATED BUILDINGS | 40 |
| 10.6 | COMMERCIAL ZONES ADJACENT TO RESIDENTIAL ZONES | 40 |
| 10.7 | DWELLINGS IN COMMERCIAL BUILDINGS | 40 |
| 10.8 | TEMPORARY COMMERCIAL PERMITS | 41 |
| 10.9 | SERVICE STATIONS | 41 |
| 11. INDUSTRIAL ZONE (M1) | 11. INDUSTRIAL ZONE (M1) | 42 |
| 11.1 | GENERAL | 42 |
| 11.2 | PERMITTED USES | 42 |
| 11.3 | SPECIAL PERMIT USES | 42 |
| 11.4 | SITE-SPECIFIC AMENDMENT USES | 42 |
| 11.5 | LOT REQUIREMENTS | 43 |
| 11.6 | INDUSTRIAL ZONE ADJACENT TO RESIDENTIAL ZONES | 43 |
| 11.7 | SERVICING | 43 |
| 12. AGRICULTURAL ZONE (A1) | 12. AGRICULTURAL ZONE (A1) | 44 |
| 12.1 | GENERAL | 44 |
| 12.2 | PERMITTED USES | 44 |
| 12.3 | SPECIAL PERMIT USES | 44 |
| 12.4 | LOT REQUIREMENTS | 44 |
| 12.5 | LIVESTOCK OPERATIONS | 45 |
| 13. OPEN SPACE ZONE (OS) | 13. OPEN SPACE ZONE (OS) | 46 |
| 13.1 | GENERAL | 46 |
| 13.2 | PERMITTED USES | 46 |
| 13.3 | LOT REQUIREMENTS | 46 |
| 14. PUBLIC SERVICE & INSTITUTIONAL ZONE (PSI) | 14. PUBLIC SERVICE & INSTITUTIONAL ZONE (PSI) | 47 |
14.1
GENERAL
47
| 14.2 | PERMITTED USES | 47 |
|-----------------------------------------------|--------------------------------------------------------|------|
| 14.3 | LOT REQUIREMENTS | 47 |
| 15. ENVIRONMENTAL RESERVE (OVERLAY) ZONE (ER) | 15. ENVIRONMENTAL RESERVE (OVERLAY) ZONE (ER) | 48 |
| 15.1 | GENERAL | 48 |
| 15.2 | PURPOSE | 48 |
| 15.3 | PERMITTED USES | 48 |
| 15.4 | ZONE BOUNDARIES AND REQUIREMENTS | 48 |
| 15.5 | SETBACKS FROM WATERCOURSES, EMBANKMENTS AND WETLANDS | 49 |
| 15.6 | CONSTRUCTION ON SAND DUNES | 51 |
| 16. WELLFIELD PROTECTION AREAS | 16. WELLFIELD PROTECTION AREAS | 52 |
| 16.1 | GENERAL | 52 |
| | 16.2 DEVELOPMENT | 52 |
| 17. VARIANCES | 17. VARIANCES | 53 |
| 17.1 | VARIANCE APPLICATIONS | 53 |
| 17.2 | VARIANCES OF UP TO 5% | 53 |
| 17.3 | VARIANCES OF UP TO 10% | 53 |
| 17.4 | VARIANCES IN EXCESS OF 10% | 54 |
| 18. OFFICIAL PLAN AND BYLAW AMENDMENTS | 18. OFFICIAL PLAN AND BYLAW AMENDMENTS | 55 |
| 18.1 | AMENDMENT APPLICATIONS | 55 |
| 18.2 | SITE-SPECIFIC AMENDMENTS | 55 |
| 18.3 | AMENDMENT PROCEDURES | 56 |
| 18.4 | PUBLIC MEETING REQUIREMENTS | 57 |
| 18.5 | ZONING AND GENERAL LAND USE MAP REVISIONS | 57 |
| 19. GENERAL PROVISIONS FOR SUBDIVIDING LAND | 19. GENERAL PROVISIONS FOR SUBDIVIDING LAND | 59 |
| 19.1 | SUBDIVISION APPROVAL | 59 |
| 19.2 | CONVEYING INTEREST IN A LOT | 59 |
| 19.3 | PERMISSION TO SUBDIVIDE | 59 |
| 19.4 | REDUCED LOT FRONTAGE OR AREA | 60 |
| 19.5 | ROAD STANDARDS | 60 |
| 19.6 | SUBDIVISIONS IN AGRICULTURAL (A1) ZONE | |
| 19.7 | SUBDIVISIONS IN COASTAL, WATERFRONT, AND WETLAND AREAS | 61 |
| 19.8 | SUBDIVIDING OF ATTACHED DWELLINGS | 62 |
| 19.9 | PARKLAND DEDICATION AND/OR PARK DEDICATION FEE | 62 |
| 19.10 | APPLICATION AND PRELIMINARY APPROVAL PROCESS | 63 |
| 19.11 | SUBDIVISION AGREEMENT | 64 |
| 19.12 | FINAL APPROVAL | 65 |
| 19.13 | CONSOLIDATIONS | 65 |
| 19.14 | DEVELOPMENT PERMITS | 66 |
| | 19.15 RESCINDING OR ALTERING APPROVAL | 66 |
| 20. PENALTIES | 20. PENALTIES | 67 |
| 20.1 FINES | 20.1 FINES | 67 |
| 21. NOTICE OF DECISIONS | 21. NOTICE OF DECISIONS | 67 |
| | 22. APPEALS | |
|---------------------------------------------------------------------------|---------------------------------------------------------------------------|-----|
| | 23. REPEAL | |
| 23.1 | EFFECTIVE DATE | |
| 23.2 | REPEAL | |
| 24. DEFINITIONS | 24. DEFINITIONS | 68 |
| SCHEDULE A | ZONING MAP | SCHEDULE A | ZONING MAP | 86 |
| SCHEDULE B | PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS | SCHEDULE B | PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS | 87 |
| SCHEDULE C | SCHEDULE OF FEES | SCHEDULE C | SCHEDULE OF FEES | 95 |
| SCHEDULE D | WELLFIELD PROTECTION AND ENVIRONMENTAL RESERVE OVERLAYS | SCHEDULE D | WELLFIELD PROTECTION AND ENVIRONMENTAL RESERVE OVERLAYS | |
| SCHEDULE E I WELLFIELD PROTECTION STANDARDS | SCHEDULE E I WELLFIELD PROTECTION STANDARDS | 97 |
| SCHEDULE F | WIND ENERGY SYSTEMS STANDARDS | SCHEDULE F | WIND ENERGY SYSTEMS STANDARDS | 101 |
| SCHEDULE G | SITE-SPECIFIC AMENDMENTS | SCHEDULE G | SITE-SPECIFIC AMENDMENTS | 105 |
## 1. SCOPE
## 1.1 TITLE
- 1) This Bylaw shall be known and may be cited as the Town of Souris Land Use Bylaw.
## 1.2 AUTHORITY
- 1) This Bylaw is enacted under the authority of the Planning Act and clause 14 (b) of the Municipal Government Act.
## 1.3 AREA DEFINED
- 1) This Bylaw applies to the geographical area within which the Town's Council has jurisdiction.
## 1.4 PURPOSE
- 1) The purpose of this Bylaw is to implement the policies of the Official Plan and to establish a transparent, fair, and systematic means of subdivision and development control for the Town.
## 1.5 SCOPE
- 1) No dwelling, business, trade, or industry shall be located, nor shall any structure be erected, altered, used or have its use changed, nor shall any land be divided, consolidated or used in the Town, except in conformity with this Bylaw and subject to the provisions contained herein.
## 1.6 AUTHORITY OF DEVELOPMENT OFFICER
- 1) Council shall appoint a development officer(s) whose duties shall be as provided in this Bylaw. A development officer shall have the authority to administer this Bylaw. Notwithstanding the foregoing and except where otherwise specified in this Bylaw, a development officer shall have the authority to approve or deny development permits in accordance with this Bylaw in all areas except for:
- a) special permit uses;
- b) permanent commercial uses;
- c) institutional uses;
- d) industrial uses; and
- e) multiple attached dwellings.
## 1.7 PERMITTED USES
- 1) In this Bylaw, any use not listed as a permitted use in a zone is prohibited in that zone unless otherwise indicated.
## 1.8 CERTAIN WORDS
- In this Bylaw, words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular, the word 'shall is mandatory and not permissive; and the word 'may' is permissive and not mandatory.
- 2) In this Bylaw, italicized words carry the defined meaning set forth in part 24. Words that are defined in Part
24 but are not italicized when used in the Bylaw carry their ordinary meaning.
## 1.9 UNITS OF MEASURE
- 1) All official measurements are in metric. Where imperial measurements are provided, they are for information purposes only.
## 1.10 SCHEDULES
- 1) All schedules attached to this Bylaw form part of this Bylaw.
- 2) Notwithstanding subsection (1), certain matters in the Bylaw may be established or altered by resolution of Council, in accordance with section 135 of the Municipal Government Act.
- 3) The matters referred to in subsection (2) shall be limited to:
- a) schedule of fees and charges for activities authorized by the Bylaw;
- b) forms required for the purposes of the Bylaw; and
6. other matters related to the administration of the Bylaw.
## 2. DEVELOPMENT ZONES
## 2.1 DEVELOPMENT ZONES
- 1) For the purpose of this Bylaw, the Town is divided into the following zones, the boundaries of which are subject to section 2.2 and are shown on the Zoning Map in Schedule A. Such zones may be referred to by the appropriate codes.
| Zone | Zone Code |
|----------------------------------|-------------|
| Low Density Residential | R1 |
| Medium Density Residential | R2 |
| Mixed Density Residential | R3 |
| General Commercial | C1 |
| Industrial | M1 |
| Agricultural | _ A1 |
| Open Space | OS |
| Public Service and Institutional | PSI |
| Environmental Reserve (Overlay) | ER |
## 2.2 INTERPRETATION OF ZONE BOUNDARIES
- 1) Boundaries between zones as indicated in Schedule "A" shall be determined as follows:
- a) where a zone boundary is indicated as following a street, the boundary shall be the centre line of such street;
- b) where a zone boundary is indicated as following lot lines, the boundary shall be such lot lines;
- c) where a zone boundary is indicated as following the limits of the Town, the zone limits shall be the boundary of the Town; or
- d) where none of the above provisions apply, the zone boundary shall be scaled from the original Zoning Map on file at the Town's office.
- 2) The zone boundaries for the Environmental Reserve Zone shall be:
- a) the area in or on a watercourse or wetland and any buffer zones required under the Watercourse and Wetland Protection Regulations or by this Bylaw; and
- b) coastal floodplains, and
in the event of a conflict, the more stringent standard shall apply.
## 2.3 ZONING MAP
- 1) Schedule A shall be cited as the Zoning Map and forms a part of this Bylaw.
- 2) Where the zone boundary delineates the Environmental Reserve Overlay Zone:
- a) the Zoning Map reflects the location of wetlands, watercourses and the buffer zone as defined in the Watercourse and Wetland Protection Regulations;
- b) the Zoning Map has been drawn based on the 2010 provincial delineation of the coastline, wetland
and watercourse boundaries;
- c) the location of the Environmental Reserve Overlay Zone boundary may change over time as the coastline and wetland and watercourse boundaries change due to natural processes including sea level rise and coastal erosion;
- d) in the event of an application in relation to a lot located in or within 30 m. (98.43 ft.) of the Environmental Reserve Overlay Zone, the boundary of the watercourse or wetland shall be delineated on a survey plan, which shall be dated no more than 12 months from the date of the application; and
- e) in the event of discrepancies between the Environmental Reserve Overlay Zone as indicated on the Zoning Map and a site-level analysis, the development officer may consult qualified professionals or the Province's department responsible for the Environmental Protection Act or both and a determination will be made as to the actual boundary of the Environmental Reserve Overlay Zone.
## 3. ADMINISTRATION
## 3.1 DEVELOPMENT APPROVAL
- 1) No person shall:
- a) change the use on a parcel of land, or of a structure or part of a structure;
- b) commence any development;
- c) construct or replace any structure, patio, or deck;
- d) make structural alterations to any structure;
- e) establish or start a home-based business;
- f) make any water or sewer connection;
- g) make any underground installation such as a septic tank, a fuel tank, or a foundation wall;
- h) move or demolish any structure;
- i) construct a new driveway or alter a driveway access;
- j) establish an excavation pit;
- k) establish or place a swimming pool;
- 1) construct a street;
- m) place or dump any fill or other material;
- n) erect or replace a solar array;
- o) subdivide or consolidate a parcel or parcels of land; or
- p) construct a fence of 1.2 m. (4 ft.) in height or greater
without first applying for, and receiving, a development permit or subdivision approval, as the case may be, except where otherwise specifically provided in this Bylaw.
## 3.2 NO DEVELOPMENT PERMIT REQUIRED
- 1) Unless otherwise specified, no development permit shall be required for:
- a) laying paving materials for patios or sidewalks;
- b) constructing fences of less than 1.2 m. (4 ft.) in height;
- c) installing clotheslines, poles, and radio or television antennae,
- d) making a garden;
- e) growing a crop or preparing land for a crop;
- f) home office uses;
- g) making landscaping improvements, or constructing or installing play structures or ornamental structures or accessory structures of less than 6 sq. m. (65 sq. ft.); and
- h) conducting routine maintenance which has the effect of maintaining or restoring a structure or any of its elements to its original state or condition,
although the applicable requirements of this Bylaw shall still be met.
## 3.3 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS
- 1) Nothing in this Bylaw shall exempt any person from complying with the requirements of any other bylaw of the Town or from obtaining any license, permission, authority, or approval required by any other bylaw of the Town or any legislation or regulation of the Province or the Government of Canada.
- 2) Where the provisions of this Bylaw conflict with those of any other bylaw of the Town, the more stringent provision shall prevail.
- 3) When a development does not require a development permit, the requirements of the Bylaw and any other applicable bylaws of the Town or any statute, regulation, or other enactment of the Province or the Government of Canada, shall still apply.
- 4) A development permit issued under the Bylaw does not substitute or supersede the requirement for a building permit for the construction, demolition, occupancy or use of a building under the Building Codes Act and applicable regulations.
- 5) A building permit issued under the Building Codes Act and applicable regulations, does not substitute for or supersede the requirement for a development permit under the Bylaw.
## 3.4 PERMIT APPLICATION
- 1) Any person applying for a permit or approval shall do so on a form prescribed by Council and shall submit the application to the Town. Where the person applying for the permit or approval is not the owner of the subject property, they must provide the Town with written authorization from the owner allowing that person to apply for the permit on the owner's behalf as the authorized agent.
- 2) An application is considered incomplete, and a decision shall not be rendered on such an application, until such time as all required information is submitted, including the:
- a) application form, signed and dated by the owner or owner's authorized agent;
- b) the application fee and any other required fees in accordance with the schedule of fees established by Council and annexed hereto as Schedule C;
- c) site plans, drawings, and other representations of the proposed development, as required;
- d) approval(s) from other governments or agencies, as required; and
- e) additional information, as required by the development officer.
- 3) An incomplete application shall be considered null and void if the applicant does not submit the required information and does not make payment in full on the application, within six (6) months of submitting the initial application form.
- 4) 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 signed by the applicant.
## 3.5 SITE PLAN
- 1) Every application for a development permit shall be accompanied by a site plan, drawn to scale, and showing:
- a) the true shape and dimensions of the lot to be used, and upon which it is proposed to erect any
structure;
- b) the location, height and dimensions of the structure, or work proposed to be erected, including any deck, porch or veranda attached thereto;
- c) the distance from the proposed structure to all property boundaries;
- d) the distance from the proposed structure to any existing adjacent structures;
- e) the proposed use of the lot and each structure to be developed;
- f) the location of every structure already erected on the lot and the general location of buildings on abutting lots;
- g) slope and direction of surface drainage;
- h) the proposed location and dimensions of any parking spaces, loading spaces, driveways and landscaped areas;
- i) the distance from the proposed structure to the boundary of any adjacent wetland, watercourse, sand dune, or the top of the bank adjacent to a wetland or watercourse and the location of the buffer zone as defined in the watercourse and wetland protection regulations;
- j) north arrow and scale; and
- k) any other information which the development officer deems necessary to determine if the proposed development conforms with the requirements of this Bylaw.
- 2) Notwithstanding subsection 1), the development officer may receive applications for accessory structures, and require only the information which they deem applicable to each individual application.
## 3.6 OTHER INFORMATION
- 1) The development officer or Council may require an applicant to submit any additional information related to the proposed development which is deemed necessary to determine if the development conforms to the requirements of the Bylaw, Official Plan, and applicable laws of the Province, including such things as, but not limited to, the following:
- a) parking lot layout and internal circulation patterns;
- b) location of garbage containers, storage areas, and description of any screening or fencing;
- c) stormwater management plan;
d) location of open space and amenity areas;
- e) location of existing chemical storage areas or underground petroleum storage areas;
- f) buffer zones adjacent to wetland areas or watercourses;
- g) easements;
- h) traffic impact studies;
- i) existing and proposed contours;
- j) adjacent surface water features and steep slopes;
- k) the stormwater management plan for the subdivision if applicable;
- 1) the proposed storage areas and description of any screening or fencing;
- m) the location and size of underground shared sewer and water utilities; and
- n) an indication that consideration has been given to accommodating the appropriate future development of the balance of the site.
2. In the event of an application in relation to a lot located within or within 30 m. (98.43 ft.) of the Environmental Reserve Overlay Zone, the boundary of the watercourse or wetland shall be determined by a qualified professional authorized to do so by the Province and delineated on a survey plan, which shall be dated no more than 12 months from the date of the application.
## 3.7 SURVEYS REQUIRED
- 1) Where it is necessary to confirm the location of an existing structure in relation to a boundary to determine the compliance of an application with this Bylaw or other bylaws, policies or regulations in force which apply to the proposed development, the development officer may require the developer to provide a survey plan.
- 2) Following the issuance of a development permit for any proposed development within 0.30 m. (1.0 ft.) or less of the minimum setback permitted in the zone, a footing certificate or survey plan shall be prepared by a professional land surveyor and submitted to the Town to confirm the location of the building's footing prior to the foundation walls being poured.
- 3) The site plan shall be based on a survey plan when:
- a) the lot subject to a development does not meet the minimum lot area or lot frontage requirements of this Bylaw; or
- b) the location of an existing structure with respect to the lot boundary or with respect to the proposed structure is necessary, in the opinion of the development officer, in order to determine if the application complies with the Bylaw.
## 3.8 STORMWATER MANAGEMENT PLAN
- Except for the reasons provided by subsection (2) below, a development permit application shall be accompanied by a drainage plan, prepared by a professional engineer or landscape architect, drawn to scale, and showing the following information:
- a) existing and proposed grade elevations relative to the adjoining lot(s) and the street or right-of-way;
- b) stormwater management design features, including but not limited to swales and berms, and the proposed direction of flow for the surface water runoff, which shall not result in direct water runoff onto adjacent lots, private roads, or rights-of-way;
- c) the finished floor elevation or foundation elevation of existing structures on the lot and of existing structures on adjacent lots located within 15 m. (49.2 ft.) of the adjoining lot line; and
- d) the proposed surface, finished floor elevation or foundation elevation of the proposed structure.
- 2) A stormwater management plan is not required for the following types of development, where the development does not involve an alteration or change to the existing grade of the land within the minimum yard setbacks of the lot:
- a) a development that conforms with a preapproved stormwater management plan as prepared for the subdivision approval of the lot;
- b) a development of a structure with a footprint less than 65 sq. m. (699.7 sq. ft.) and a proposed setback of more than 15 m. (49.2 ft.) from any lot line or existing structure;
- c) a development that will result in a total lot coverage of less than 10%;
- d) a development of a structure with a footprint less than 20 sq. m. (215.3 sq. ft.);
- e) a development of a structure that will be built on raised sonotubes, posts or piles and will not affect the natural and existing flow for drainage; or
- f) the replacement of a structure with one of the same size and in the same general location, provided no changes are being made to the grade of the lot under or around the structure.
- 3) A stormwater management plan required under this section shall include the following information:
- a) the existing and proposed grade elevations relative to any adjoining lot and street;
- b) the surface water management strategies to be used, including but not limited to swales and berms, when applicable, and the proposed surface drainage flow as designed to prevent surface water runoff from the lot in question onto any adjoining lot or street;
- c) the finished floor elevation or foundation elevation of any existing building(s) on the lot and on any adjacent lot located within 15 m. (49.21 ft.) of the adjoining lot line; and
- d) the proposed surface, finished floor, or foundation elevation of the proposed structure.
- 4) For properties with, or located adjacent to, a watercourse or wetland, the stormwater management plan shall also include the location of any buffer zone as defined in the Watercourse and Wetland Protection Regulations.
- 5) A site plan and stormwater management plan may be submitted together as a single plan of the proposed development.
## 3.9 CONDITIONS ON PERMITS
- 1) The development officer or Council, as appropriate, shall have the authority to impose conditions on a development permit subject to such conditions being directly related to and consistent with the Town's bylaws and Official Plan.
## 3.10 PROCEDURES FOR SPECIAL PERMIT USES
- 1) A development permit for special permit use set out in a zone may be issued in that zone if Council is satisfied that the proposed development:
- a) is deemed appropriate and complements the scale of the adjoining properties;
- b) would not be contrary to the general intent and purpose of the Official Plan, to this Bylaw, and to the public interest; and
- c) is not likely to cause any hardship to surrounding properties due to excessive noise, traffic congestion or any other potential unreasonable nuisance.
## 3.11 FIRE MARSHAL APPROVAL
- 1) The development officer shall refer applications involving the following uses to the Province's fire marshal's office for comment prior to the development permit being issued:
- a) twelve or more dwelling units on a single parcel;
- b) commercial uses;
- c) public service and institutional uses; and
- d) outdoor sporting event or concerts.
- 2) The development officer may refer any other application for a development permit as required to the Province's fire marshal's office for comment prior to the development permit being issued.
## 3.12 DEVELOPMENT AGREEMENT
- 1) The development officer or Council, as appropriate, may require any owner of a property that is the subject of an application for a development permit to enter into a development agreement. This agreement shall be a contract binding on both parties, containing all conditions which were attached to the development permit, as well as any other matters identified pursuant to subsection (4).
- 2) Failure to comply with a development agreement shall constitute an offence under this Bylaw.
- 3) A development agreement shall be required for all:
- a) new industrial uses; and
- b) any new developments serviced by on-site well and septic services, pursuant to subsection 4.18(1).
- 4) A development agreement may address but shall not be limited to the following matters:
- a) site plan design;
- b) the design and construction of pathways, trails and other pedestrian circulation facilities, where required;
- c) landscaping and screening, including the specification of the number and type of trees to be maintained or planted or both;
- d) vehicular access and exits;
- e) the design and allocation of parking lots and parking spaces;
- f) security and safety lighting;
- g) the posting of a financial guarantee, performance bond, or other security satisfactory to Council;
- h) methods of waste storage and disposal; and
- i) any other matters that the development officer or Council, as appropriate, deems necessary to ensure compliance with this Bylaw.
- 5) The development agreement shall be registered in accordance with the Registry Act and all fees associated with the preparation, registration, and enforcement of the development agreement, including the Town's legal fees, shall be paid by the developer.
- 6) A development permit issued subject to a development agreement shall include a condition that the development agreement be signed prior to the issuance of the development permit.
## 3.13 CERTIFICATE OF COMPLIANCE
- 1) As a condition of any development permit, Council may require that any applicant shall not use or occupy, or being the owner thereof, shall not permit any building or premises, or part thereof, to be used or occupied after it has been erected, altered, placed or reconstructed until there has been issued to the owner an official certificate of compliance certifying that the building or premises or part thereof conform to the provisions of this Bylaw and any conditions noted on the development permit or the development agreement.
## 3.14 AUTHORIZATION FOR INSPECTION
- 1) An application submitted in accordance with the Bylaw shall constitute authorization for inspection of the structure or land in question by the development officer or an officer or agent of the Town for the purpose of ensuring compliance with the provisions of this Bylaw and in accordance with Part IV of the Planning Act and Part 9, Division 1 of the Municipal Government Act.
## 3.15 PERMITS POSTED
- 1) The property owner shall be responsible for displaying a copy of all permits in a visible location on the property.
## 3.16 EXPIRY OF APPROVALS
- 1) A development permit shall be valid for a 24-month period from the date of issue.
- 2) If, after 24 months, work has not been completed, an application shall be made to the development officer, the appropriate fee shall again be paid, and a new development permit shall be obtained before any further work is undertaken, and the application shall be assessed against the requirements of this Bylaw and the Official Plan at the time of re-application.
- 3) Preliminary approvals of a subdivision shall be effective for a period of 24 months.
## 3.17 DEMOLITION OR MOVING PERMITS
- 1) No building shall be moved into, out of, or within the Town without a development permit and such other permits as may be required by law.
- 2) When a structure is demolished or moved, the applicant shall be responsible for ensuring that the well and sewage disposal system, where they exist, are decommissioned or temporarily capped in accordance with any applicable statute, regulation or other enactment.
3. When a structure has been moved or demolished, the owner shall be responsible for ensuring the lot is graded appropriately to address any potential stormwater run-off.
## 3.18 DEVELOP IN ACCORDANCE WITH APPLICATION
- 1) 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 and/or the development agreement.
## 3.19 DENYING PERMITS
- 1) No development permit shall be issued if:
- a) the proposed development does not conform to this Bylaw or other bylaws of the Town or any applicable enactments of the Province or of the Government of Canada;
- b) the proposed development could create a hazard to the general public, including but not be limited to, hazards, injuries or damages arising from excessive slope, water drainage run-off, and flooding;
- c) the method of water supply is not appropriate;
- d) the method of sanitary waste disposal is not appropriate;
- e) there is not a safe and efficient access to a street;
- f) the proposed development would create unsafe traffic conditions;
- g) the proposed development involves a proposed access that requires the use of an existing private road or access over an adjacent property for which a legal right-of-way has not been properly granted; or
- h) the proposed development would be detrimental to the environment, including by reason of noise, dust, drainage, infilling, or excavation which affects environmentally sensitive or residential areas.
- 2) The development officer may revoke a development permit where information provided on the application is found to be inaccurate.
## 3.20 CONSTRUCTION PLAN
- 1) Prior to any construction being carried out, the development officer may require the applicant to submit a construction plan(s) for the development addressing such details as:
- a) construction phasing;
- b) hours of operation;
- c) stockpiling of soil, including the location and the date of removal;
- d) temporary screening or fencing;
- e) erosion or run-off control measures, including type, location and maintenance procedures;
- f) heavy truck access; and
- g) any other item which could in the opinion of the development officer present a nuisance or hazard during construction.
## 4. GENERAL PROVISIONS FOR ALL ZONES
## 4.1 ACCESSIBILITY & BARRIER FREE DESIGN
- 1) For all new multiple attached dwelling buildings featuring twelve or more units, at least one (1) Barrier Free Access unit shall be provided for every twelve (12) units.
## 4.2 ACCESSORY STRUCTURES
- 1) Accessory structures shall be permitted on any lot subject to the following:
## All uses
| Used for human habitation | Only where a dwelling is a permitted accessory use | Only where a dwelling is a permitted accessory use |
|----------------------------------------|----------------------------------------------------------------|-------------------------------------------------------------------------|
| Located in front yard or flankage yard | Not permitted | Not permitted |
| Minimum distance to any lot line | 1.2 m. (4 ft.) | 1.2 m. (4 ft.) |
| | Residential Use | Commercial zone, Industrial zone, Institutional property, Farm property |
| Maximum height | 4.6 m (22 ft) or the height of the main building on the lot | No limit |
| Outdoor wood furnace | | Not permitted | Permitted |
| Maximum combined floor area | The lesser of 10% of the lot area or 93 sq. m. (1,000 sq. ft.) | No limit |
- 2) All accessory structures shall be included in the calculation of maximum lot coverage as described in the lot requirements for the applicable zone.
2. No accessory structures shall be:
- a) considered an accessory structure if it is attached to the main building; or
- b) considered an accessory structure if it located completely underground.
- 4) No accessory structures shall be constructed:
- a) prior to the construction of the main building to which it is accessory; or
- b) prior to the establishment of the use of the lot where no main building is to be built.
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## 4.3 BED AND BREAKFAST AND SHORT-TERM RENTALS
- 1) Bed and breakfasts shall be permitted to operate in any single-detached dwelling subject to the following:
- a) the dwelling shall be occupied as a residence by the principal operator and the external appearance of the dwelling shall not be changed by the bed and breakfast operation;
- b) not more than three (3) rooms shall be offered for overnight accommodation;
- c) adequate off-street parking spaces shall be provided in accordance with Part 6 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
- d) premise signs shall be restricted to a maximum of 0.58 sq. m. (900 sq. in.); and
- e) there shall be no other signage, open storage or visible display area.
- 2) A short-term rental shall be permitted to operate in any single-detached dwelling subject to the following:
- a) the external residential appearance of the dwelling shall not be changed by the short-term rental operation;
- b) adequate off-street parking spaces shall be provided in accordance with Part 6 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
- c) there shall be no open storage or display area; and
- d) there shall be no signs permitted except in accordance with the signage requirements of this Bylaw.
- 3) Any approval of a bed and breakfast or short-term rental shall be conditional on the applicant securing a Tourism Establishment License from the Province.
## 4.4 BUILDING TO BE ERECTED ON A LOT
- 1) No building shall be erected or used unless it is erected on and contained within a single lot.
## 4.5 COASTAL HAZARD ASSESSMENT
- 1) A copy of a provincial coastal hazard assessment shall be included with a development or subdivision application for a lot that is:
- a) 4.16 m. (13.65 ft.) CGVD2013 (or 4.52 m. (14.83 ft.) CGVD28) or less in elevation and is adjacent to a coastal area, wetland, watercourse, or shoreline; or
- b) located within 23 m. (75.5 ft.) of a coastal area, wetland, or watercourse.
## 4.6 ENCROACHMENTS PERMITTED
- 1) The following portions of structures may project into a yard required by this Bylaw to the limit of the specified distance:
| Structure or Feature Distance | |
|-----------------------------------------------------------------------------|-----------------------|
| sills, cornices, eaves, gutters, chimneys, pilasters, and canopies | 0.6 m. (2 ft.) |
| window bays, awnings, cantilevers, heat pumps, oil tanks, and propane tanks | | 1 m. (3.3 ft.) |
| exterior staircases, wheelchair ramps, and fire escapes | 1.4 m. (4.6 ft.) |
| balcony not supported at grade (covered or uncovered) | 1.5 m. (5 ft.) |
| patio / deck not exceeding 0.6 m. (2 ft.) from surrounding grade | 1 m. (3.3 ft.) |
## 4.7 NON-CONFORMING LOTS
- 1) Notwithstanding any other provisions of this Bylaw:
- a) a vacant lot shown on a deed as a separate lot from adjoining parcels on the effective date of this Bylaw, having less than the minimum width or area required, may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot provided that all other applicable provisions of this Bylaw are satisfied; and
- b) a lot containing a structure and shown on a deed as a separate lot from adjoining parcels on the effective date of this Bylaw, having less than the minimum frontage, depth or area required by this Bylaw, may be used for a purpose permitted in the zone in which the lot is located, and a development permit may be issued provided that all other applicable provisions in this Bylaw are satisfied.
- 2) An existing non-conforming lot which is increased in lot area or lot frontage or both, but remains undersized, is still considered an existing non-conforming lot.
## 4.8 NON-CONFORMING STRUCTURES & USES
- 1) Subject to the provisions of this Bylaw, a structure, or a use of land or structures lawfully in existence on the effective date of approval of this Bylaw may continue to exist.
- 2) A structure shall be deemed to exist on the effective date of approval of this Bylaw if:
- 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 12 months after the date of the issue of the development permit and is completed in conformity with the development permit prior to its expiry.
5. Where a structure 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 structure may be repaired or renovated provided that:
- a) the repair or renovation does not further reduce the front yard or side yard or rear yard which does not conform to this Bylaw; and
- b) all other applicable provisions of this Bylaw are satisfied.
- 4) If a structure which does not conform to provisions of this Bylaw is destroyed by a fire or otherwise to an extent of fifty percent (50%) or more of the footprint of the structure, it shall only be reconstructed or repaired in conformity with the provisions of this Bylaw.
- 5) No structural alterations that would increase the exterior dimensions, except as required by statute or bylaw, shall be made to a structure while a non-conforming use thereof is continued.
- 6) 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.
11. A non-conforming use of land or structure shall not be permitted to resume if it has been discontinued for a period of twelve (12) consecutive months without a bona fide intention to resume the non-conforming use, and in such event the land or structure shall not thereafter be used except in conformity with this Bylaw.
- 8) A non-conforming use may be enlarged or expanded provided that the enlargement or expansion does not increase the level of non-compliance.
- 9) No increase in the area occupied by the non-conforming use shall occur while a non-conforming use is being continued to the extent that the increase in the area would have the impact of changing the type of use or modifying or adding activities.
## 4.9฿ FRONTAGE ON A STREET
- 1) Subject to subsection (2), no development permit shall be issued unless the parcel of land intended to be
used or upon which the structure is to be erected abuts and fronts upon a street.
- 2) Council may approve a development permit for a residential or commercial structure which fronts on an existing private right-of-way, provided that the following criteria are met:
- a) the parcel was approved prior to the effective date of this Bylaw;
- b) no acceptable provision can be made to provide access to a street;
- c) safe ingress and egress from the parcel can be provided from the parcel or private right-of-way to a street;
- d) the name of the private road or private right-of-way has been approved by the Minister of Justice & Public Safety, in accordance with the Emergency 911 Act where the development results in three (3) or more civic addressed dwellings, buildings, or units sharing the same private road or driveway;
- e) the applicant can establish legal entitlement to use the private right-of-way for access to the parcel in question for the proposed use and any such legal entitlement that has been established through an agreement with the owner of the private right-of-way shall be registered in accordance with the provisions of the Registry Act; and
- f) The property owner shall be required to enter into a development agreement with the Town, registered in accordance with the provisions of the Registry Act at the applicant's expense, acknowledging the following: "The private right-of-way serving PID is not owned or maintained by the Town of Souris and therefore the Town shall not have any liability for that private right-of-way. Without limiting the generality of the foregoing, the Town shall not be responsible for providing any services of any nature or kind to the private right-of-way. In addition, the private rightof-way may not be entitled to receive other public services such as grading, ditching, snowplowing, gravelling, school busing, solid waste collection, or emergency vehicle access."
- 3) All fees associated with the preparation and registration of the development agreement required under clause (2)(f), including the Town's legal fees, shall be paid by the applicant.
- 4) Where an entranceway permit or other approval is required under any applicable enactment, a development permit shall not be granted until that entrance way permit or other approval or permit has been granted.
10. No person shall construct or use any entrance way except where that entrance way meets the minimum sight distance standards as established under any applicable enactment.
## 4.10 GRADE OF SITE
- 1) No building shall be erected or placed except in conformance with the finished grade for its site, adjacent buildings or the street, after its construction.
## 4.11 HEIGHT REGULATIONS
- 1) Any maximum height regulations set out in this Bylaw shall not apply to chimneys, clock towers, communications towers, drive-in theatre screens, elevator enclosures, fire towers, flag poles, lightning rods, lightning standards, monuments, power transmission towers, roof-mounted solar arrays, roof top cupolas, silos, skylights, smokestacks, spires, steeples, television or radio antennas, utility poles, ventilators, or water tanks.
- 2) Notwithstanding any maximum height restriction set out in this Bylaw and the variance provisions in Part
17, Council may approve a structure exceeding the maximum height where:
- a) the building and construction are in accordance with the National Building Code;
- b) the firefighting access has been approved by the Province's fire marshal's office and the Town's fire department;
- c) the building contains a sprinkler system;
- d) for an apartment dwelling use adjacent to an existing single detached dwelling, duplex dwelling, or semi-detached dwelling, the proposed structure uses gradual height transitions or landscaping and increased setbacks or both in a form acceptable to Council; and
- e) for an industrial use, the proposed height of the structure would not exceed 30 m. (98.4 ft.), or 20 m. (65.6 ft.) where the structure is within 100 m. (328 ft.) of an existing dwelling.
## 4.12 HOME-BASED BUSINESSES
- 1) Where a residential lot is used for a home-based business use, the following shall apply:
- a) the dwelling shall be occupied as a residence by the principal operator;
- b) the external residential appearance of the building or property shall not be changed by the homebased business;
- c) there shall be no more than two non-resident assistants or employees for the home-based business;
- d) a maximum of either
- i. 25% of the total floor area of the dwelling; or
- ii. up to 100% of the total floor area of an accessory structure
shall be occupied by the home-based business;
- e) adequate street access and off-street parking spaces shall be provided in accordance with Part 6 of this this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
- f) there shall be no open storage or display area;
- g) the home-based business may be permitted in the dwelling or in an accessory structure on a lot containing a single-detached dwelling but shall be restricted to the dwelling for other dwelling types; and
- h) premise signs shall be restricted to a maximum of 0.258 sq. m. (400 sq. in) in total.
- 2) A home-based business includes:
- a) animal grooming;
- b) bed and breakfast or short-term rental, subject to section 4.3 of this Bylaw;
- c) business or professional offices;
- d) catering, for off-premise delivery of products;
- e) dressmaking and tailoring;
- f) family home centre, in accordance with the Early Learning and Child Care Act and Regulations;
- g) hairdressing salon, barbershop, or aesthetics shop;
- h) occupations and businesses that create arts and crafts, weavings, paintings, and photography and
sculptures on site;
- i) businesses that repair garden or household furniture or ornaments, personal effects, clothing, or toys;
2. an online retail store;
- k) the sale or display of arts and crafts, weavings, paintings, photography and sculptures that are created on site; and
- 1) private lessons, tutoring or training sessions of up to 6 students at any time.
- 3) The home-based business shall not create a nuisance to residents in the surrounding neighbourhood by:
- a) traffic generation;
- b) noise;
- c) hours of operation;
- d) the creation of any vibration, heat, glare, odour or electrical interference, which is detectable from outside the dwelling; or
- e) the discharge of any smoke, fumes, toxic substances or other noxious matter into the atmosphere.
- 4) The use of a residential property for automobile sales and service establishments, car washes, or auto body shops as home-based businesses shall be prohibited in a residential zone.
- 5) Home office uses shall be permitted in all dwelling units, subject to the following:
- a) the principal operator of a home office use, and any employees, shall reside on the lot where the use is located;
- b) any home office use shall be wholly contained within a dwelling unit or an accessory structure, and shall not be apparent from the outside of the dwelling unit or accessory structure; and
- c) no signage is permitted for a home office use.
## 4.13 LANDSCAPING
- The provision and maintenance of adequate landscaping buffering shall be required to the satisfaction of the Council between residential zones and new commercial or industrial uses.
- 2) The provision and maintenance of adequate landscaping including the preservation and planting of trees shall be required for new developments to the satisfaction of the Development Officer.
- Where a C1 or a M1 Zone abuts a residential zone along a side and/or rear lot line or both, the provision of a landscaping buffer of not less than 4.5 m. (15 ft.) in width along the abutting lot line providing a visual buffer and maintained clear of any structure, driveway or parking lot, shall be included as a condition on the development permit where a development permit has been granted for the C1 or M1 Zone property.
- 4) An adequate landscaping buffer may consist of, among other things, the following or a combination of the following:
- a) a grassed berm;
- b) planted vegetation;
- c) mature trees; and/or
- d) fencing.
## 4.14 MAIN BUILDING
- 1) No person shall erect more than one building for a residential use or main building on a lot in a R1 or R2 zone except where a garden suite is a permitted use in conjunction with a single-detached dwelling.
- 2) Subject to subsection (1), more than one main building may be placed on a lot, provided all other provisions of this Bylaw are met.
- 3) Where more than one main building is located on the same lot and is serviced by an internal drive providing access to the street or right-of-way:
- a) the development officer may refer the proposed access and the site plan and internal drive design to the Province's Fire Marshal's Office and the Province's department responsible for the Roads Act for review and comment;
- b) the name of the internal drive shall be submitted for approval by the Province's Minister of Justice & Public Safety, in accordance with the Emergency 911 Act, where the development results in three (3) or more civic addressed dwellings, buildings, or units sharing the same internal drive or driveway, prior to the issuance of any permits; and
- c) in the case of a clustered housing development, the internal drive shall be developed to the Province's public road standards and shall be designed by, constructed under the supervision of, and certified by, a professional engineer.
- 4) The following site design standards shall apply for commercial or residential lots containing more than one main building on a lot, including clustered housing and tourism establishments:
- a) with respect to vehicular and pedestrian circulation, including walkways, interior drives, and parking, special attention shall be given to the location and number of access points to the streets), width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking lots that are safe and convenient;
- b) off-street parking lots shall not open directly onto a street but shall be provided with access drives or other controlled access. Access drives shall not serve as part of a specified parking lot and shall be kept clear of parked vehicles;
- c) pedestrian walks shall be not less than 1.25 m. (4.1 ft.) in width and shall be provided wherever normal pedestrian traffic will occur; and
- d) exposed storage areas, exposed machinery installation, solid waste storage and pickup areas, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with existing or contemplated environment and the surrounding properties.
- 5) Where clustered housing is being proposed:
- a) the minimum lot area shall apply to the entire property where multiple buildings are being proposed, including any per-unit minimum lot area required under the applicable zone;
- b) the minimum lot frontage and setbacks shall be calculated as if one building is being located on the lot;
- c) a minimum separation distance of 6.1 m. (20 ft.) shall be required between individual main buildings;
- d) no maximum lot coverage requirements shall apply; and
- e) in any new clustered housing development featuring 3 or more main buildings or an expansion of a clustered housing development bringing the total number of main buildings to 3 or more, 10% of the total land being used for clustered housing shall be designated for open space and park purposes.
## 4.15K MAXIMUM LOT COVERAGE
- 1) Maximum lot coverage shall be determined as the percentage of the lot covered by the main building(s) and any accessory structure(s).
## 4.16 MIXED USE
- 1) Where any land or structure is used for more than one (1) purpose, all provisions of this Bylaw relating to each use shall be satisfied. Where there is a conflict, such as in the case of lot area or frontage, the most stringent standards shall prevail.
## 4.17 MOBILE HOMES
- 1) Mobile homes shall not be permitted to be located within the Town.
## 4.18 ON-SITE WELLS AND SEPTIC SYSTEMS
- 1) Any permit for a residential, commercial, industrial, or institutional building located on a lot that is not able to be connected to the municipal water and sewer system shall be conditional on the execution of a development agreement that will require the property owner to connect the property to municipal water or sewer or both at such as time as servicing is feasible.
- 2) Notwithstanding the minimum lot size standards of this Bylaw, all applications involving an on-site sewage disposal system or on-site water supply shall meet the requirements of the Province-Wide Minimum Development Standards Regulations for on-site servicing based on soil category, as included as Schedule B of the Bylaw, and the Sewage Disposal Systems Regulations, Water Withdrawal Regulations, and Well Construction Regulations.
- 3) Every application for a development permit involving an on-site sewage disposal system or on-site water supply, or both, shall include a site plan showing the location of the on-site sewage disposal system and all proposed buildings and structures, a copy of the Sewage Disposal System Registration Form, and a site assessment for any lot for which a site assessment pursuant to the Environmental Protection Act has not been conducted within 22.86m (75 feet) of the lot since December 31, 2006.
- 4) Any application for a development or subdivision where daily groundwater extraction rates are expected to be higher than 25 cubic meters per day or in areas with existing intensive development shall be referred to the Province's department responsible for the Environmental Protection Act or the Water Act.
- 5) Where Council has approved a variance to the minimum lot frontage, lot area and/or circle diameter requirements of the Province-Wide Minimum Development Standards Regulations in accordance with sections 4, 5, or 9 of those Regulations, or where the minimum lot size standards do not apply pursuant to section 8 of those Regulations, an application for a development permit shall also include the following:
- a) an on-site sewage disposal system proposal appropriate for the soil type, lot area and proximity to adjacent lots, designed and certified by a professional engineer; and
- b) confirmation from a licensed well driller that the proposed well location meets all applicable
requirements for separation distance from adjacent existing wells and/or sewage disposal systems within the lot, or to wells or sewage disposal systems on adjacent lots.
## 4.19 OUTDOOR AREA LIGHTING
- 1) No person shall install any outdoor light in such a way as would cause a nuisance to adjacent property owners or a safety hazard to the motoring public.
## 4.20 PERMITTED USES IN ALL ZONES
- 1) The following uses are permitted in all zones:
- a) temporary construction facilities such as sheds, scaffolds and equipment incidental to the development for a maximum period of six months or for so long as construction is in progress, whichever is earlier, and for a maximum of 30 days following the completion of the development.
- 2) Except where otherwise specifically provided in this Bylaw, public parks, open space, recreational trails, public utilities, private utilities, utility buildings and service facilities including, but not limited to, sewage treatment plants, pumping stations, transit transfer stations, utility services, and stormwater management facilities:
- a) may be located in any zone; and
- b) no zone standards related to setbacks, lot size, and siting in yards shall apply.
## 4.21 PETROLEUM STORAGE
- Underground petroleum storage tanks shall require a development permit from the Town before installation may proceed. In processing such application, the Town shall refer the application initially to the Province's department having jurisdiction for these facilities whereupon such application will be processed in accordance with applicable regulations. The Town shall not issue a permit to the developer until it has received written approval from the appropriate government authority.
- 2) Notwithstanding subsection (1), underground petroleum storage tanks shall not be permitted in any residential, OS, or ER zone.
## 4.22 RECREATIONAL VEHICLES
- No recreational vehicle shall be occupied for more than seven (7) consecutive days, except within an approved campground.
- 2) No recreational vehicle shall be attached to municipal water and sewer systems or onsite wells or sewage disposal system except within an approved campground.
- 3) Notwithstanding subsection (1) above:
- a) an owner of a parcel may park and store a recreational vehicle on their parcel when it is not in use, provided the recreational vehicle is not located in the front yard and meets the rear yard and side yard setback requirements for a single-detached dwelling as required in the zone in which it is located; and
- b) an owner of a parcel may occupy a recreational vehicle on their parcel if:
- i. the owner has obtained a development permit for the construction of a dwelling on that parcel; and
- ii. the work has commenced on that parcel.
## 4.23 RENEWABLE ENERGY SYSTEMS
- 1) Where a wind energy system is permitted, the following shall apply:
- a) no person shall erect or place a wind energy system without first applying for and receiving a development permit;
- b) the standards of Schedule F shall apply; and
- c) all wind energy systems shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts.
- 2) Roof-mounted solar arrays shall be permitted in all zones, subject to the following:
- a) roof-mounted solar arrays shall be installed in conformity with Chapter 11 of the National Fire Prevention Association (NFPA) 1 Fire Code.
- 3) Ground-mounted solar arrays shall be permitted in all zones, subject to the following:
- a) the minimum setback to adjacent side or rear lot lines for ground-mounted solar arrays shall be 4.6 m. (15 ft.) or the height of the ground-mounted solar array as measured from grade to the highest point of the solar array, whichever is greater;
- b) the maximum height of a ground-mounted solar array, as measured from grade to the highest point of the solar array, shall be 4.3 m. (14 ft.);
- c) in a residential zone, ground-mounted solar arrays may only be placed in the rear or side yard; and
- d) the owner of the ground-mounted solar array shall remove the ground-mounted solar array and associated equipment sufficient to return the land to its previous use within two (2) years of the date the ground-mounted solar array ceases to generate electricity.
- 4) The application for a development permit for a ground-mounted solar array must include, in addition to the requirements of sections 3.5 and 3.6, the design of the solar collectors including racking and footings.
- 5) Ground-mounted solar arrays shall permitted be subject to the lot coverage standards for the zone in which they are located.
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## 4.24 REQUIREMENTS FOR STRUCTURES WITH COMMON WALLS
- 1) Notwithstanding any other provisions of this Bylaw, where buildings on adjacent lots share a common wall, the applicable side yard requirement shall be zero (0) along the common lot line.
- 2) No semi-detached dwellings or townhouse dwelling shall be erected in a manner which will not permit subdivision into individual lots pursuant to Section 19.8.
## 4.25 SECONDARY SUITES AND GARDEN SUITES
- 1) A secondary suite shall be permitted within any single-detached dwelling as an accessory use, provided the following conditions are met:
- a) the owner submits a written application to the Town on the prescribed form;
- b) the total floor area of all storeys of a secondary suite does not exceed the lesser of:
- i. eighty percent (80%) of the total floor area of all storeys of the entirety of the main singledetached dwelling unit (excluding the garage floor area, and common spaces serving both dwelling units); or
- ii. 80 sq. m. (861 sq. ft.);
- c) one parking space is provided for the secondary suite, in addition to the parking space(s) required for the main dwelling under section 6.1 of this Bylaw;
- d) the secondary suite meets the requirements of the National Building Code and all requirements under the Town's bylaws; and
- e) water and wastewater treatment services for the secondary suite are provided through the singledetached dwelling and in the case of a connection with a septic tank system, the capacity of the systems shall be upgraded as needed to accommodate the increased intensity of use.
- 2) A secondary suite shall not be occupied by a shared housing use.
- 3) A garden suite shall be permitted on any single-detached dwelling lot as an accessory use in any zone provided that:
- a) the owner submits a written application to the Town on the prescribed form;
- b) the garden suite meets the accessory structure built form and siting requirements of section 4.2;
- c) the garden suite does not exceed 74.3 sq. m. (800 sq. ft.) in floor area;
- d) the garden suite is no greater than 6.1 m. (20 ft.) in height;
- e) the garden suite is connected to the same electrical, water and sewage services as the principal dwelling on the lot, and that, in the case of a connection with a septic tank system, the capacity of the tank is adequate to accommodate both the principal dwelling and the garden suite;
- f) one parking space is provided for the garden suite, in addition to the parking space(s) required for the main dwelling under section 6.1 of this Bylaw; and
- g) the garden suite utilizes the existing access driveway to the lot.
- 4) A garden suite shall not be occupied by a shared housing use.
- 5) Notwithstanding the requirements of clause (3)(e), Council may approve a garden suite having its own connection to the Town's water and/or sewer system where in the opinion of Council, a shared connection would not be feasible and separate connections would comply with all utility requirements.
- 6) A lot shall not contain both a secondary suite and a garden suite.
## 4.26 SWIMMING POOLS
- 1) provisions: The installation of a swimming pool shall be permitted in any zone in accordance with the following
- a) a development permit has been issued for the swimming pool;
- b) a 1.8 m. (6 ft.) high fence fully encloses the swimming pool and is constructed in such a manner so as to impede unauthorized persons from entering over or under said fence;
- c) any gate on such fence is self-closing and self-latching to prevent its opening from outside the fenced area;
- d) notwithstanding 5.22(1)(b), the development officer may allow one or more buildings to take the place of a portion of the fence so long as the swimming pool is fully enclosed by the fence and building(s);
- e) the swimming pool is placed not less than 4.6 m. (15 ft.) from the nearest side yard line and not less than 6.1 m. (20 ft.) from the rear lot line; and
- f) disposal of water after dechlorination shall be either through the sanitary sewer system or carried off by truck.
- 2) An inflatable temporary swimming pool is exempt from these requirements.
## 4.27 TEMPORARY USES
- 1) Temporary structures shall conform to the setback requirements for an accessory structure in the zone.
- 2) Council may grant a temporary permit for the temporary erection of a structure or for a temporary use for a period not exceeding 20 weeks where, in the opinion of Council, the temporary use does not represent a conflict or nuisance to property owners in the vicinity or the general public. Council may attach such conditions it deems appropriate to ensure public safety and to mitigate any negative impacts on surrounding properties, including but not limited to water supply, wastewater disposal and emergency management.
3. The hours of the temporary use shall be limited from 8:00 a.m. - 11:00 p.m. daily, unless otherwise authorized by Council.
- 4) No temporary permits shall be granted where in the opinion of Council:
- a) parking facilities are not adequate;
- b) ingress or egress or both to the site would create excessive congestion or a traffic hazard;
- c) washroom facilities are not adequate;
- d) garbage collection and storage facilities are not adequate; or
9. the use would create a conflict due to excessive noise, hours or operation, lighting, or another nuisance.
- 5) No temporary use shall be permitted to encroach within the front yard, rear yard or side yards as required under this Bylaw.
## 4.28 VISIBILITY AT STREET INTERSECTIONS
- 1) On a corner lot, within a triangular area 6.1 m. (20 ft.) back from the intersecting corner lot line, no fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall be erected or permitted to grow to a height greater than two ft. above grade of the abutting streets.
Figure 3 - Corner Sight Triangle
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## 5. SIGNAGE
## 5.1 GENERAL
- 1) No person shall erect, alter or enlarge a sign within the boundaries of the Town except in conformance with the provisions of this Part and any other relevant provisions of this Bylaw, and without first applying for and receiving a permit from Council.
2. An indoor sign shall not be considered a sign for the purpose of this Bylaw unless it is placed within a window and can be viewed from outside of the building.
- 3) No temporary sign permit shall be effective for a period of more than 30 days.
- 4) Internally lit signs shall be permitted provided that the light source is concealed by a diffusive material.
- 5) Electronic signs are permitted as part of a freestanding, facia, or canopy sign in the C1 or M1 zones subject to the general provisions for those types of signs as well as the following standards:
- a) the message duration shall not be less than 10 seconds;
- b) the message transition shall be instantaneous;
- C) the message transition shall not involve any visible effects including but not limited to scrolling, fading, dissolving, intermittent or flashing light, or the illusion of such effects;
- d) the maximum brightness levels of the electronic sign shall be 5,000 nits during daytime and 500 nits at nighttime;
- e) the sign shall use automatic dimming technology which automatically adjusts the sign copy's brightness in direct correlation with ambient light conditions;
- f) illumination shall not negatively impact adjacent residential properties;
- g) the sign shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless the business is open or in operation during those hours; and
- h) the sign shall be turned off in the case of a malfunction.
- 6) Signs lit by external illumination shall have the light source directed at the sign and no illumination shall be aimed at the roadway. No stray illumination from external light sources shall be permitted to shine on the roadway or adjacent residentially or agriculturally zoned land.
15. No sign shall be erected or placed on the side or rear of a building, or within a side or rear yard where such yard abuts a residential zone.
## 5.2 MAINTENANCE
- 1) All signs shall be made of durable materials and shall be maintained in good condition.
- 2) A development officer who identifies a sign which may be unsafe to the public, either as an adjunct to pursuing their normal activities or in response to a concern from a member of the public, may order the property owner to have such sign repaired to a safe condition or to be removed.
- 3) The development officer may order a property owner to immediately remove any sign relating to a business or activity which is no longer active, or which carries no advertising or has missing parts.
- 4) Subsection (3) above shall not apply to a seasonal enterprise that normally closes during part of the year,
however, a sign advertising a seasonal enterprise shall either indicate the time of year the enterprise is in operation or the time of year it is not in operation.
- 5) Where any property owner does not comply with an order issued under subsection (2) or (3) above, the Town may remove the sign cited in the order at the cost of the property owner and the Town may take such judicial proceedings as necessary to enforce this section.
## 5.3 NUMBER OF SIGNS
- 1) For the purposes of this Part, a sign with two or more faces such as a projecting sign or free-standing sign shall count as one sign.
- 2) Other than directional signs containing no promotional content, only one (1) free-standing sign shall be erected on any commercial or industrial lot; except where a lot is bordered by more than one street, in which case one (1) free-standing sign may be permitted along each street line.
- 3) Commercial enterprises shall also be permitted to erect up to two (2) off-premise signs of a directional nature, with a maximum size of 122 cm. (48 in.) by 46 cm. (18 in). Sign messages shall depict only the name of the business, distance and an arrow pointing left, right, or straight ahead.
## 5.4 SIGNS PERMITTED IN ALL ZONES
- The following signs shall be permitted in all zones and no development permit shall be required, but the signs shall be subject to all requirements of this Bylaw:
- a) signs identifying the name and/or address of a resident and not more than 0.3 sq. m. (465 sq. in.) in area;
- b) signs for regulating the use of property such as "no trespassing" and of not more than 0.3 sq. m. (465 sq. in.) in area;
- c) real estate signs of not more than 0.93 sq. m. (10 sq. ft.) placed on the lot, which advertise the sale, rental or lease of a lot or building on a lot;
- d) on-premise directional or traffic control signs not more than 0.3 sq. m. (465 sq. in.) in area;
- e) signs erected by a government body or under the direction of a government body;
- f) memorial signs or tablets;
- g) Town identification signs;
- h) outdoor recreational facility identification signs of not more than 3.7 sq. m. (40 sq. ft.) in area;
- i) entrance display identification signs for residential neighbourhoods or business parks of not more than 3.7 sq. m. (40 sq. ft.) in area;
- j) the flag or insignia of any government, religious, charitable or fraternal organization;
- k) temporary election signs;
- I) temporary signs advertising a construction firm in the area where the construction is taking place;
- m) identification signs for places of worship;
- n) flags and buntings exhibited to temporarily commemorate national or civic holidays and temporary banners announcing charitable events, civic events, or grand openings; and
- o) signs erected pursuant to sections 4.3 or 4.12.
## 5.5 SIGNS PROHIBITED IN ALL ZONES
- 1) The following signs shall be prohibited in all zones:
- a) flashing signs, roof signs, signs containing moving parts and reflective elements which sparkle or twinkle when lighted or signs containing strings of bulbs;
- b) signs which use the words "stop", "caution", "danger" or incorporate red, amber or green lights resembling traffic signals, or resemble traffic control signs in shape or colour, except government traffic or regulatory signs;
- c) any signs which, in the opinion of the development officer, represent a safety hazard;
- d) any signs that obstruct or detract from the visibility or effectiveness of any traffic sign or control device or constitutes a hazard to pedestrian or vehicular traffic due to restriction of view planes at intersections or due to the intensity or direction of illumination;
- e) any signs that obstruct the free egress from any fire exit door, window, or other required exit way;
- f) signs painted on, attached to, or supported by a tree, or other natural objects or any utility pole;
- g) off-premise signs (except as per 5.3(3)); and
- h) signs painted, embossed, or applied to the roof of a building.
## 5.6 FASCIA SIGNS
- 1) Fascia signs shall be permitted on buildings in commercial, industrial, institutional and recreation zones and shall project no more than 46 cm. (18 in) from the wall of the building and shall be no higher than the eave or top of a parapet wall.
2. The area of a fascia sign shall not exceed ten (10) percent of the area of the wall on which the sign is to be located, or 7 sq. m. (75 sq. ft.), whichever is less.
3. The area of fascia signs shall be calculated as a block, including any individual letters and the total area covered by symbols and blocks of text including the spaces between them.
- 4) Notwithstanding the above, fascia signs may be permitted in residential or agricultural zones pursuant to sections 4.3 or 4.12.
## 5.7 PROJECTING SIGNS
- 1) A projecting sign shall:
- a) not have a sign face larger than 0.5 sq. m. (5.4 sq. ft.);
- b) not project further than 1.1 m. (3.6 ft.) from the building wall and be at least 2.2 m. (7.2 ft.) from the ground;
- c) not project above the wall to which it is affixed;
- d) be limited to one (1) per business;
- e) not extend beyond the property line of the property on which it is erected;
- f) not swing freely on its support; and
- g) not obstruct pedestrian or vehicular traffic on the lot or impede visibility for pedestrians or traffic accessing the lot.
## 5.8 FREE-STANDING SIGNS
- 1) Free-standing signs shall be permitted in commercial, industrial, institutional zones and shall:
- a) be permitted if compatible with the building in scale and colour;
- b) not have a sign face greater than 6 sq. m. (64 sq. ft.) and a width not exceeding four times the height;
- c) be set back at least 2.5 m. (8.5 ft.) from the property line;
- d) not exceed 8 m. (26 ft.) in height above the average finished grade of the lot; and
- e) include LED signs.
- 2) where there are more than one (1) commercial business on a single lot:
- a) all businesses on the same lot shall share one (1) free-standing sign;
- b) the total size of any shared sign shall be no greater than 6 sq. m. (64 sq. ft.) for each use or a total of 14 sq. m. (150 sq. ft.) and the width shall not exceed four times the height; and
- c) where a sign for a building is shared by more than one (1) commercial business the sign elements for all businesses must be of similar material and lettering design to produce a uniformity of a signage for the common facility. Logos may be incorporated into the common sign.
## 5.9 CANOPIES OR AWNINGS
- Signs incorporated into a canopy or awning are permitted on the building and shall be considered as fascia signs.
## 5.10 SANDWICH SIGNS
- 1) Temporary sandwich signs shall not be permitted to be placed within the boundaries of the Town unless a temporary permit has been issued by the development officer.
- 2) Temporary permits for commercial sandwich signs may be granted for a period not to exceed six (6) months, where the development officer deems there will be no nuisance or hazard caused to the general public.
- 3) The development officer may revoke a temporary permit issued pursuant to this section at any time where the applicant or property owner has not conformed to the provisions of this section.
- 4) Where a temporary permit has been revoked, the development officer shall have the authority to enter upon the property and remove the sandwich sign.
## 5.11 SIGNS FOR SPORTS FIELDS AND OUTDOOR STADIUMS
- 1) Notwithstanding anything else in this Bylaw, Council may issue a permit for sponsorship signs for a sports field or outdoor stadium where the signs are attached to an approved structure that is required for the sport or arena, and where the signs face into the field or arena. A development agreement shall be executed between the property owner and the Town, at the property owner's expense, to specify the number, size, shape location, promotional content and maintenance program for the signs.
## 6. PARKING REQUIREMENTS
## 6.1 PARKING REQUIREMENTS
- 1) For every building to be erected, placed, used or enlarged, there shall be provided and maintained offstreet parking on the same lot to the extent, at least, prescribed in this Part.
- 2) Individual parking spaces shall have minimum dimensions of 2.7 m. (9 ft.) by 5.5 m. (18 ft.) exclusive of driveways and aisles and shall be accessible from a street.
| Primary Type of Building | Minimum Requirement |
|--------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Single-detached dwelling, semi-detached dwellings, or townhouse dwellings | 2 parking spaces |
| Duplex dwelling, stacked townhouse dwelling or apartment dwelling | 1.25 parking spaces per dwelling unit |
| Hotel, motel or other tourist establishment | 1 parking space per guest/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) |
| Auditoriums, places of worship, halls, library, museums, theatres, arenas, private clubs, and other places of assembly or recreation | 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. |
| Hospitals and nursing homes | 0.75 parking spaces per bed |
| Senior citizens apartments and community care facilities | 1.0 parking space per dwelling unit |
| Schools, colleges and education facilities | 1.5 parking spaces per teaching classroom and 1 parking space for each six seats of seating capacity in the auditorium. |
| Funeral home | 1 parking space per four seats of seating capacity. |
| Business and professional offices, service shops and personal service shops | 1 parking space per 28.0 sq. m. (300 sq. ft.) of floor area. |
| Automobile sales and service establishments | 1 parking space per 4.65 sq. m. (200 sq. ft.) of gross floor area. |
| Restaurant or lounge | 1 parking space per four seats of seating capacity. |
| Other commercial/retail stores | 1 parking space per 14 sq. m. (150 sq. ft.) of floor area. |
| Industrial | 1 parking space per 28 sq. m. (300 sq. ft.) of floor area or 1 parking space per employee, whichever is greater |
## 6.2 OTHER REQUIREMENTS
- 1) Where four (4) or more parking spaces are required for the use on a lot, the following minimum requirements shall apply:
- a) the parking lot shall be maintained with a stable surface sufficient to support a vehicle without undue deformation or damage of the surface, such as rutting, and does not allow the raising of dust or loose particles. Acceptable stable parking surfaces include but are not limited to asphalt or concrete paving (pervious or impervious), brick pavers, compacted granular surfaces, and structural landscape systems such as drivable grass or grass grid;
- b) the lights used for illumination of the parking lot shall be so arranged as to divert the light away from the streets, adjacent lots and buildings;
- c) a structure not more than 3 m. (9.8 ft.) in height and not more than 4.6 sq. m. (50 sq. ft.) in area may be erected in the parking lot for the use of attendants;
- d) the parking lot shall be within 91.4 m. (300 ft.) of the location which it is intended to serve and shall be situated in the same zone;
- e) when the parking lot is of a permanent hard surfacing, each parking space shall be clearly demarcated with painted lines and maintained on the parking lot;
- f) entrances and exits to parking lots shall not exceed a width of 9.1 m. (30 ft.) at the street line and edge of pavement; and
- g) the width of a driveway leading to a parking or loading area, or of a driveway or aisle in a parking lot, shall be a minimum width of 3 m. (9.8 ft.) for one-way traffic, and a minimum width of 6.1 m. (20 ft.) for two-way traffic.
- 2) Where parking is provided in front of any building in a non-residential zone, a 1.5 m. (4.9 ft.) landscaped buffer shall be provided between the parking lot and the street boundary.
## 6.3 LOADING ZONES
- 1) In any commercial or industrial zone, no person shall erect or use any 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 shipping, loading or unloading or persons, animals, or goods, unless there is maintained on the same premises with every such building, structure or use one (1) off-street space for standing, loading and unloading for every 2,787 sq. m. (30,000 sq. ft.) or fraction thereof of building floor area used for any such purpose.
- 2) Each loading space shall be at least 3.7 m. (12 ft.) wide with a minimum of 4.3 m. (14 ft.) heightclearance.
- 3) The provision of a loading space for any building with less than 139 m. (1,500 sq. ft.) shall be optional.
- 4) No such loading spaces shall be located within any required front yard or be located within any yard which abuts a residential or open space zone, unless in the opinion of Council adequate screening is provided.
## 6.4 WAIVER OF COMMERCIAL PARKING REQUIREMENTS
- 1) Notwithstanding the provisions of Part 6, or other provisions of this Bylaw, Council may through a development agreement waive or reduce the parking requirements in a commercial zone in return for parking fees or other considerations as approved by Council, which will further the objectives and policies of the Official Plan in relation to development in the Town.
- 2) In rendering its decision, Council shall give consideration to the following:
- a) availability of parking in the proximity of the proposed development;
- b) the extent to which the proposed development contributes toward the objectives and policies of the Official Plan; and
- c) estimated traffic generation of the proposed development.
## 6.5 ACCESSIBLE PARKING
- In addition to the parking requirements found in section 6.1, where off street parking is to be provided on the same lot as the building, accessible parking spaces shall be provided in accordance with the National Standard of Canada, CSA B651-18 Accessible design for the built environment.
## 7. LOW-DENSITY RESIDENTIAL ZONE (R1)
## 7.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an R1 Zone.
## 7.2 PERMITTED USES
- 1) The following are permitted uses in the R1 Zone:
- a) single-detached dwellings; and
- b) duplex dwellings or semi-detached dwellings.
- 2) The following are permitted as accessory uses in the R1 Zone:
- a) accessory structures in accordance with the requirements of section 4.2;
- b) secondary suites and garden suites, on single-detached dwelling lots, in accordance with the requirements of section 4.25;
- c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 4.3; and
- d) home-based businesses in accordance with the requirements of section 4.12.
## 7.3 SPECIAL PERMIT USES
- 1) Notwithstanding section 7.2 above, Council may issue a development permit for the following special permit uses, subject to the requirements of sections 3.10 and 4.18, and such conditions as Council deems necessary:
- a) early learning and child care centres;
- b) bed and breakfasts with more than 3 bedrooms;
- c) shared housing, to a maximum of 6 bedrooms per building; and
- d) shared housing with special care.
## 7.4 SERVICING
- 1) All developments in an R1 Zone shall be serviced by municipal sewer services and municipal water supply and such a connection will be made at the developer's expense.
- 2) Notwithstanding subsection 1), and subject to section 4.18, Council may approve a development in an R1 Zone serviced by an on-site well and/or sewage treatment system where the municipal water and/or sewer services are not available and extending the services would be prohibitive or premature.
## 7.5 LOT REQUIREMENTS
- 1) Subject to subsection 2),
- a) the following lot requirements shall apply to any single-detached dwelling in an R1 Zone:
## Single Detached Dwellings
| Minimum lot area | 604 sq. m. (6,500 sq. ft.) |
|-------------------------------------------|------------------------------|
| Minimum frontage | 19.8 m. (65 ft.) |
| Minimum front yard | 4.6 m. (15 ft.) | |
| Minimum rear yard | 4.6 m. (15 ft.) |
| Minimum side yard 3 m. (9.8 ft.) | |
| Minimum flankage yard | 4.6 m. (15 ft.) |
| Maximum building height | 11 m. (36.1 ft.) |
| Maximum lot coverage | 35% |
| Minimum floor area | 46.5 sq. m. (500 sq ft.) |
- b) for duplex dwellings and semi-detached dwellings, the lot requirements shall be as follows:
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
- 3) For shared housing uses, the lot requirements of section 14.3 in the PSI Zone shall apply.
| | Duplex Dwellings | Semi-Detached Dwellings |
|-----------------------------------|----------------------------|-------------------------------------|
| Minimum lot area (fully serviced) | 743 sq. m. (7,998 sq. ft.) | 371.5 sq. m. (3,999 sq. ft.) / unit |
| Minimum frontage | 22.9 m. (75 ft.) | 11.5 m. (37.7 ft.) / unit |
| Minimum front yard | 4.6 m. (15 ft.) | 4.6 m. (15 ft.) |
| Minimum rear yard | 4.6 m. (15 ft.) | 4.6 m. (15 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) | 3 m. (9.8 ft.) |
| Minimum flankage yard | 4.6 m. (15 ft.) | 4.6 m. (15 ft.) |
| Maximum building height | 11 m. (36.1 ft.) | 11 m. (36.1 ft.) |
| Maximum lot coverage | 35% | 35% |
## 8. MEDIUM-DENSITY RESIDENTIAL ZONE (R2)
## 8.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an R2 Zone.
## 8.2 PERMITTED USES
- 1) The following are permitted uses in the R2 Zone:
- a) uses permitted in the R1 Zone, subject to the requirements of the R1 Zone;
- b) townhouse dwellings, up to 8 units; and
- c) stacked townhouse dwellings or apartment dwellings, up to 12 units.
- 2) The following are permitted as accessory uses in the R2 Zone:
- a) accessory structures in accordance with the requirements of section 4.2;
- b) secondary suites and garden suites, on single-detached dwelling lots, in accordance with the requirements of section 4.25;
- c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 4.3; and
- d) home-based businesses in accordance with the requirements of section 4.12.
## 8.3 SPECIAL PERMIT USES
- 1) Notwithstanding section 8.2 above, Council may issue a development permit for the following special permit uses, subject to the requirements of sections 3.10 and 4.18 and such conditions as Council deems necessary:
- a) shared housing uses with 6 or fewer bedrooms per building;
- b) shared housing with special care, subject to subsection (2) below;
- c) early learning and child care centres; and
- d) bed and breakfasts with more than 3 bedrooms, otherwise in accordance with section 4.3.
- 2) Shared housing with special care requires a minimum of 10% of floor space to be reserved for communal amenity or recreation space for the residents of the building.
## 8.4 SERVICING
- 1) All development in a R2 Zone shall be serviced by municipal sewer services and municipal water supply.
## 8.5 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development in an R2 Zone:
- a) for single-detached dwellings, the lot requirements of section 7.5 (1)(a) shall apply;
- b) for duplex dwellings and semi-detached dwellings, the lot requirements of section 7.5 (1)(b) shall apply; and
- c) for townhouse dwellings, stacked townhouse dwellings, and apartments dwellings, the lot
## requirements shall be as follows:
| | Townhouse Dwellings and Stacked Townhouse Dwellings | Apartment Dwellings |
|----------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------|
| Minimum lot area (fully serviced | 929 sq. m. (10,000 sq. ft.) for the first 3 units 557 sq. m. (6,000 sq. ft..) plus plus 278 sq. m. (3,000 sq. ft.) for each additional unit. | 93 sq. m. (1,000 sq. ft.) per unit |
| Minimum frontage | 30.5 m. (100 ft.) for the first 3 townhouse units or 2 stacks for stacked townhouses, plus 7.6 m. (25 ft.) for each additional townhouse unit or stack for stacked townhouses. | 22.8 m. (75 ft.) |
| Minimum front yard | 4.6 m. (15 ft.) | 4.6 m. (15 ft.) |
| Minimum rear yard | 4.6 m. (15 ft.) | 4.6 m. (15 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) | 3 m. (9.8 ft.) |
| Minimum flankage yard | 4.6 m. (15 ft.) | 4.6 m. (15 ft.) |
| Maximum building height | 11 m. (36.1 ft.) | 11 m. (36.1 ft.) |
| Maximum lot coverage 35% | | 35% |
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
- 3) For shared housing uses, the lot requirements of section 14.3 in the PSI Zone shall apply.
## 9. MIXED-DENSITY RESIDENTIAL ZONE (R3)
## 9.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an R3 Zone.
## 9.2 PERMITTED USES
- 1) The following are permitted uses in the R3 Zone:
- a) single-detached dwellings;
- b) duplex dwellings or semi-detached dwellings;
- c) multiple attached dwellings;
- d) shared housing use with 8 or fewer bedrooms per building; and
- e) shared housing with special care.
- 2) The following are permitted as accessory uses in the R3 Zone:
- a) accessory structures in accordance with the requirements of section 4.2;
- b) secondary suites and garden suites, on single-detached dwelling lots, in accordance with the requirements of section 4.25;
- c) bed and breakfasts and short-term rentals on single-detached dwelling lots in accordance with the requirements of section 4.3; and
- d) home-based businesses in accordance with the requirements of section 4.12.
## 9.3 SPECIAL PERMIT USES
- 1) Notwithstanding section 9.2 above, Council may issue a development permit for the following special permit uses, subject to the requirements of sections 3.10 and 4.18 and such conditions as Council deems necessary:
- a) clustered housing, subject to subsection 4.14 (5);
- b) early learning and child care centres;
- c) institutional uses; and
- d) retail stores and personal service shops accessory to a residential or institutional use.
## 9.4 SERVICING
- 1) All development in an R3 Zone shall be serviced by municipal sewer services and municipal water supply.
## 9.5 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following shall apply to any development in an R3 Zone:
- a) for single-detached dwellings, the requirements of clause 7.5(1)(a) shall apply;
- b) for duplex dwellings and semi-detached dwellings, the requirements of clause 7.5(1)(b) shall apply; and
- c) for townhouse dwellings, stacked townhouse dwellings and apartment dwellings, the requirements
of clause 8.5(1)(c) shall apply.
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
2. For shared housing uses, a minimum of 10% of floor space shall be reserved for communal amenity or recreation space for the residents of the building.
- 4) For shared housing uses, the lot requirements of section 14.3 in the PSI Zone shall apply.
## 10. GENERAL COMMERCIAL ZONE (C1)
## 10.1 GENERAL
- Except as otherwise provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in a C1 Zone.
## 10.2 PERMITTED USES
- 1) The following are permitted uses in the C1 Zone:
- a) commercial uses;
- b) institutional uses;
- c) recreational uses;
- d) apartment dwellings; and
- e) public parking lots or structures.
7. The following are permitted as accessory uses in the C1 Zone:
- a) accessory structures in accordance with the requirements of section 4.2.
## 10.3 SPECIAL PERMIT USES
- 1) Notwithstanding section 10.2 above, Council may issue a development permit for the following special permit uses, subject to the requirements of sections 3.10 and 4.18 and such conditions as Council deems necessary:
- a) temporary commercial uses; and
- b) service stations and other activities associated with the automobile trade, except for a scrap yard or auto body shop.
## 10.4 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development in a C1 Zone:
- a) for apartment dwellings, the lot requirements of subsection 8.5(1)c) shall apply; and
- b) for all other uses, the lot requirements shall be as follows:
## Requirements
| Minimum lot area (fully serviced) | 604 sq. m. (6,500 sq. ft.) |
|-------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Minimum frontage | 19.8 m. (65 ft.) |
| Minimum front yard | 4.6 m. (15 ft.) (if no parking in front of building) or, on Main Street, the average of the front yard setbacks of adjacent buildings with a front yard setback of less than 4.6 m. (15 ft.), where applicable |
| Minimum flankage yard | 4.6 m. (15 ft.) (if no parking in front of building) or, on Main Street, the average of the front yard setbacks of adjacent buildings with a front yard setback of less than 4.6 m. (15 ft.), where applicable |
| Minimum rear yard | 4.6 m. (15 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) or the established side yard setback in the immediate area. |
| Maximum building height | 11 m. (36.1 ft.) |
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
## 10.5 SETBACKS FOR FIRE-RATED BUILDINGS
- 1) Structures may be permitted to be located on the side lot line or rear lot line where the structure is approved by the Province's Fire Marshall or certified by a qualified professional as having an appropriate fire-rated barrier under the National Building Code.
## 10.6 COMMERCIAL ZONES ADJACENT TO RESIDENTIAL ZONES
- 1) Notwithstanding any other provision of this Bylaw, where a commercial development located on lands zoned General Commercial (C1) directly abuts on any residential zone, the following conditions shall be met:
- a) the development shall comply with the landscaping requirements of section 4.13;
- b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and
- c) outdoor storage shall be prohibited adjacent to a residential zone unless it is hidden from view by means of a landscaped buffer hedge or adequate size or architectural screening such as a wall, fence or other appropriate structure.
## 10.7 DWELLINGS IN COMMERCIAL BUILDINGS
- 1) Where dwelling units are provided in connection with a commercial use, the following minimum standards shall apply:
- a) a separate entrance shall serve the dwelling units;
- b) for each dwelling unit, 37 sq. m. (398 sq. ft.) of landscaped open area and, notwithstanding the requirements of Part 6, one (1) parking space shall be provided; and
- c) each dwelling unit shall meet the requirements of the Provincial Fire Marshall.
## 10.8 TEMPORARY COMMERCIAL PERMITS
- 1) Notwithstanding any other provisions of this Bylaw, temporary permits may be issued for a transient-type commercial operation subject to compliance with section 4.27.
## 10.9 SERVICE STATIONS
- 1) to a service station: In addition to the lot requirements established in section 10.4, the following special provisions shall apply
- 2) Where the service station includes an automobile washing facility, all washing operations shall be carried out inside the building.
| | Requirements |
|---------------------------------------------|-------------------|
| Minimum frontage | 45.7 m. (150 ft.) |
| Minimum pump setback | 6.1 m. (20 ft.) |
| Minimum pump distance from access or egress | 9.1 m. (30 ft.) |
| Minimum width of driveway | 7.6 m. (25 ft.) |
## 11. INDUSTRIAL ZONE (M1)
## 11.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an M1 Zone.
## 11.2 PERMITTED USES
- 1) The following are permitted uses in the M1 Zone:
- a) commercial uses;
- b) manufacturing and assembly;
- c) warehousing;
- d) transport operations;
- e) activities connected with the automobile trade other than a scrap yard;
- f) wholesale operations;
- g) farm machinery and heavy equipment dealerships and repair shops;
- h) food processing, including cannabis operations;
- i) wind energy systems, up to 100 KW;
- j) marine or shipping related activities; and
- k) activities related to the fishery.
- 2) The following are permitted as accessory uses in the M1 Zone:
- a) accessory structures in accordance with the requirements of section 4.2.
## 11.3 SPECIAL PERMIT USES
- 1) Notwithstanding section 11.2 above, Council may issue a development permit for the following special permit uses, subject to the requirements of sections 3.10 and 4.18 and such conditions as Council deems necessary:
- a) storage of sand and aggregate;
- b) excavation pits; and
- c) asphalt plants and concrete plants.
## 11.4 SITE-SPECIFIC AMENDMENT USES
- 1) Notwithstanding sections 11.2 and 11.3 above, the following may be permitted through the site-specific amendment process, subject to such conditions as Council deems necessary:
- a) wind energy systems equal to or greater than 100 kilowatts (kW) but less than 1 megawatt (MW), subject to sections 4.23.
## 11.5 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development in an M1 Zone:
## Requirements
| Minimum lot area | 1,394 sq. m. (15,005 sq. ft.) |
|-------------------------|---------------------------------|
| Minimum frontage | 30.5 m. (100 ft.) |
| Minimum front yard | 7.5 m. (25 ft.) |
| Minimum rear yard | 7.5 m. (25 ft.) |
| Minimum side yard | 4.6 m. (15 ft.) |
| Minimum flankage yard | 7.5 m. (25 ft.) |
| Maximum building height | 11 m. (36.1 ft.) |
- All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
## 11.6 INDUSTRIAL ZONE ADJACENT TO RESIDENTIAL ZONES
- Notwithstanding any other provision of this Bylaw, where a development located on lands zoned Industrial (M1) directly abuts on any residential zone, the following conditions shall be met:
- a) the development shall comply the landscaping requirements of section 4.13;
- b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away from the adjacent residential zone; and
- c) outdoor storage shall be prohibited adjacent to a residential zone unless it is hidden from view by means of a landscaped buffer hedge or adequate size or architectural screening such as a wall, fence or other appropriate structure.
## 11.7 SERVICING
- 1) All developments in a M1 Zone shall be serviced by municipal sewer services and municipal water supply.
## 12. AGRICULTURAL ZONE (A1)
## 12.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an Al Zone.
## 12.2 PERMITTED USES
- 1) The following are permitted uses in the Al Zone:
- a) agricultural uses;
- b) single-detached dwellings; and
- c) forestry uses.
- 2) The following are permitted as accessory uses in the A1 Zone:
- a) accessory structures in accordance with the requirements of section 4.2;
- b) bed and breakfasts and short-term rentals in accordance with the requirements of section 4.3;
- c) home-based businesses in accordance with the requirements of section 4.12;
- d) agriculture-related uses; and
- e) wind turbines, up to 100 kw.
## 12.3 SPECIAL PERMIT USES
- 1) Notwithstanding Section 12.2 above, Council may issue a development permit for the following special permit uses, subject to the requirements of sections 3.10 and 4.18 and such conditions as Council deems necessary:
- a) intensive livestock operations;
- b) shared housing, mini-homes, or tiny homes, for the purpose of accommodating farm labourers; and
- c) event venues, accessory to an agricultural use.
## 12.4 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development in an A1 Zone:
## Requirements
| Minimum lot area | 0.4 ha (1 acre) |
|-------------------------|-------------------|
| Minimum frontage | 45.5 m. (150 ft.) |
| Minimum front yard | 15 m. (49.2 ft.) |
| Minimum rear yard | 7.5 m. (25 ft.) |
| Minimum side yard | 4.6 m. (15 ft.) |
| Minimum flankage yard | 15 m. (49.2 ft.) |
| Maximum building height | 11 m. (36.1 ft.) |
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development
Standards Regulations prescribed under the Planning Act, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
## 12.5 LIVESTOCK OPERATIONS
- 1) The following separation distances shall apply to all new livestock operations or extensions to existing livestock operations and to new residential subdivision developments in the vicinity of a livestock operation:
- 2) All livestock buildings shall have a manure storage facility with a capacity for retention of manure.
- 3) The development officer may consult the Province's Department of Agriculture or its successor for manure storage capabilities and design standards, and the livestock operator shall be required to follow those capacity and design requirements.
- 4) A residential subdivision development shall not be permitted within 152.4 m. (500 ft.) of an existing intensive livestock operation.
| | Requirements |
|----------------------------------------------------|--------------------|
| distance from any dwelling on an adjacent property | 152.4 m. (500 ft.) |
| distance from street | 45.5 m. (150 ft.) |
| distance from any domestic well | 152.4 m. (500 ft.) |
| distance from any lot line | 15 m. (49.2 ft.) |
## 13. OPEN SPACE ZONE (OS)
## 13.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an OS Zone.
## 13.2 PERMITTED USES
- 1) The following are permitted uses in the OS Zone:
- a) public and private parks;
- b) open space and conservation activities;
- c) golf courses;
- d) recreational uses and recreational facilities;
- e) pavilions and band shells; and
- f) recreation administrative offices.
- 2) The following are permitted as accessory uses in the OS Zone:
- a) parking lots related to the above;
- b) commercial uses accessory to the institutional or recreational use; and
- c) accessory structures in accordance with the requirements of section 4.2.
## 13.3 LOT REQUIREMENTS
- 1) Subject to subsection 2), the setback and height requirements of section 12.4(1) shall apply to buildings in the OS Zone.
2. All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
## 14. PUBLIC SERVICE & INSTITUTIONAL ZONE (PSI)
## 14.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in a PSI Zone.
## 14.2 PERMITTED USES
- 1) The following are permitted uses in the PSI Zone:
- a) institutional buildings and uses;
- b) public parks and private parks;
- c) recreational uses; and
- d) clubs.
- 2) The following are permitted as accessory uses in the PSI Zone:
- a) accessory structures in accordance with the requirements of section 4.2; and
- b) commercial uses ancillary to the institutional or recreational use.
## 14.3 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply:
## Requirements
| Minimum lot area | 697 sq. m. (7,500 sq. ft.) |
|-------------------------|------------------------------|
| Minimum frontage | 22.8 m. (75 ft.) |
| Minimum front yard | 4.6 m. (15 ft.) |
| Minimum rear yard | 4.6 m. (15 ft.) |
| Minimum side yard | 3 m. (9.8 ft.) |
| Minimum flankage yard | 4.6 m. (15 ft.) |
| Maximum building height | 11 m. (36.1 ft.) |
| Maximum lot coverage | 75% |
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act, as amended from time to time, and where there is a conflict, the more stringent shall apply (see Schedule B).
## 15. ENVIRONMENTAL RESERVE (OVERLAY) ZONE (ER)
## 15.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following shall apply to all structures or parts thereof erected, placed or altered or any parcel of land used in an ER Zone.
## 15.2 PURPOSE
- 1) The ER Zone is an overlay zone intended to enhance the protection of surface and ground water quality, sensitive landscapes, and wildlife habitat. Passive agricultural activities, together with tree, shrub and plant cover is intended to be predominant use in this Zone.
- 2) For the avoidance of doubt, the requirements in this Bylaw for the ER Zone are in addition to all requirements in the Watercourse and Wetland Protection Regulations made pursuant to the Environmental Protection Act, and any other federal or provincial statute, regulation, or other enactment.
## 15.3 PERMITTED USES
- 1) The following are permitted uses in the ER Zone:
- a) conservation activities;
- b) open space; and
- c) passive recreational uses.
## 15.4 ZONE BOUNDARIES AND REQUIREMENTS
- The Zoning Map shall indicate the approximate boundaries of the ER Zone; however, the exact boundaries of the ER Zone shall be the boundaries of all wetlands, watercourses, and buffer zones as determined by the Province's department responsible for the Watercourse and Wetland Protection Regulations.
- 2) The boundary of any wetland, watercourse, and buffer zone shall be shown on any site plan submitted to the development officer as part of a development permit application.
- In the ER Zone, no development shall occur and no disturbance to the ground, soil or vegetation shall occur except in conformance with the Watercourse and Wetland Protection Regulations made pursuant to the Environmental Protection Act.
## 15.5 SETBACKS FROM WATERCOURSES, EMBANKMENTS AND WETLANDS
- 1) Notwithstanding anything contained in this Bylaw, the minimum horizontal setbacks for watercourse and wetland buffer zones shall be determined as follows:
- a) coastal area: the greater of, measured from the top of the bank to the nearest exterior part of the proposed structure:
- i. 15 m. (49.2 ft.) plus the minimum setbacks for the proposed structure for the underlying zone; or
- ii. 60 times the annual rate of erosion, where applicable, as determined by the Province's department responsible for such calculations;
- b) non-coastal area:
- i. 15 m. (49.2 ft.) of the any river, stream or watercourse located within or bordering on the
<!-- image -->
Figure 4 - horizontal setback - coastal areas, watercourses or wetlands
- legal boundaries of the Town plus the minimum setbacks for the proposed structure for the underlying zone; or
- ii. on any property owned by the Town, within 60 m. (197 ft.) of the any river, stream or watercourse plus the minimum setbacks for the proposed structure for the underlying zone.
- 2) On a lot located within or adjacent to a coastal floodplain, no structure shall be erected or placed where the elevation of the grade of the lot is 3.05 m. (10.01 ft.) CGVD2013 (3.41 m. (11.19 ft.) CGVD28) or less to avoid potential coastal flood risk, except where the structure will be used for fishing or bait sheds, aquaculture operations, boat launches, wharfs, or structures on a property in which a wharf is located.
- 3) Notwithstanding subsection (2), where a property that is the subject of an application for a subdivision approval or development permit has been identified as having a risk of coastal flooding through a coastal hazard assessment and the finished grade of the lot can be raised to accommodate the projected risk, the proposed subdivision or development may be permitted, subject to the following:
- a) the submission of a grading plan, designed and stamped by a professional engineer;
- b) any alteration to the grade does not encroach into the buffer zone, as defined in the Environmental Protection Act and the Watercourse and Wetland Protection Regulations, except where a watercourse, wetland and buffer zone activity permit has been issued by the Province; and
- c) compliance with all other applicable requirements of this Bylaw.
- 4) Where a property is at risk of coastal flooding or erosion, the development officer or Council, as appropriate, may require property owners to engage a professional engineer, professional architect or landscape architect regarding the design of any coastal development to ensure that the projected lifespan of the development, value of a structure, and individual risk tolerances are considered when making decisions about the development of a coastal property.
<!-- image -->
Figure 5 - Vertical and horizontal setbacks - coastal areas, watercourses or wetlands, Example A
Figure 6 - Vertical and horizontal setbacks - coastal areas, watercourses or wetlands, Example B
<!-- image -->
Figure 7 - Vertical and horizontal setbacks - coastal areas, watercourses or wetlands, with raised grade
<!-- image -->
* Except where grade can be raised in area outside of the wetland and watercourse buffer
- 5) The development officer or Council, as appropriate, may require the applicant to provide an erosion management plan to address siltation and overland erosion during construction that may impact an adjacent wetland or watercourse.
- 6) Development will be in accordance with the Province's policies and regulations to address coastal flood risk, erosion, and environmentally sensitive areas.
- 7) Council may allow a variance to the provisions of this section in the case of a development permit application for an accessory structure if:
- a) the accessory structure is not used for human habitation;
- b) the existing parcel of land has insufficient area to provide the setbacks described in subsection (1);
- c) the owner provides a signed waiver, in the form prescribed by Council, waiving all claims against the Town, its Council members, employees, agents, successors and assigns; and
- d) the owner enters into a development agreement with the Town which includes the obligation for the owner to obtain a written assignment of the waiver referenced in (c) from subsequent owner(s) before the parcel, or any part thereof, is conveyed
## 15.6 CONSTRUCTION ON SAND DUNES
- 1) No structure shall be constructed, erected or placed:
- a) on any primary or secondary sand dune, or a baymouth barrier sand dune; or
- b) within 30.5 m. (100 ft.) of a primary or secondary sand dune.
4. Structures may be constructed, erected, or located on sand dunes other than primary or secondary sand dunes, or baymouth sand dunes, if:
- a) the construction is unlikely to disturb more than 10 percent (10%) of the sand dune located on the parcel;
- b) no part of the exterior of any proposed structure is located less than 30.5 m. (100 ft.) from the nearest property boundary; and
- c) Council shall require the developer to apply to the Province's department responsible for the environment for written approval under section 9 of the Environmental Protection Act, prior to consideration of a development permit application by Council.
## 16. WELLFIELD PROTECTION AREAS
## 16.1 GENERAL
- 1) Where a lot or a portion of a lot falls within the boundaries of a Wellfield Protection Area identified on Schedule D (Wellfield Protection and Environmental Reserve Overlays), the special provisions as outlined in Schedule E shall apply in addition to the standards and restrictions which apply to the underlying zone.
## 16.2 DEVELOPMENT
- 1) Where a lot or a portion of a lot falls within the boundaries of a Wellfield Protection Area, Council may determine the conditions to be attached to any development permit and shall give consideration to the requirements of Schedule E (Wellfield Protection Standards) and any other matters which in the opinion of Council could present a risk to the Town's groundwater resources.
- 2) Within the boundaries of any Wellfield Protection Area, Council may require any owner of a property that is the subject of an application for a development permit to enter into a development agreement in accordance with section 3.12.
## 17. VARIANCES
## 17.1 VARIANCE APPLICATIONS
- 1) When a development permit application cannot be approved because the proposed development does not meet the minimum requirements of the Bylaw, the applicant may apply in writing for a variance on the form prescribed by Council.
2. Subject to the Province-wide Minimum Development Standards Regulations, a variance from the minimum requirements of this Bylaw may be granted for any of the following requirements provided they meet the intent of the Official Plan:
- a) lot area or dimensions or both;
- b) setbacks;
- c) the area or size of a structure, or
- d) the height of a structure.
- 3) Variance applications shall be considered against the following tests for justifying a variance:
- a) that the lot in question has peculiar physical conditions, including small lot size, irregular lot shape, or exceptional topographical conditions, which make it impractical to develop in strict conformity with Bylaw standards;
- b) that strict application of all Bylaw standards would impose undue hardship on the applicant by excluding them from the same rights and privileges for reasonable use of their lot as enjoyed by other persons in the same zone;
- c) that the variance is of the least magnitude required to enable reasonable use of the lot; and
- d) that the proposed variance would not impact unduly on the enjoyment of adjacent properties, or on the essential character of the surrounding neighbourhood.
- 4) Authorization for a variance shall be documented and recorded in writing.
- 5) No variance shall be granted where the matter is the result of intentional or negligent conduct of the owner, including ignorance on the part of the owner, or where the difficulty can be remedied in some other reasonable manner.
14. When an application for a variance has been decided, Council may refuse to hear an application for the same or a similar variance for the lot for one (1) year after its rendering a decision unless Council is of the opinion that there is new information.
## 17.2 VARIANCES OF UP TO 5%
- 1) The development officer may authorize a variance not exceeding 5% from the provisions of this Bylaw if, in the opinion of the development officer, the variance is appropriate and justified pursuant to subsection 17.1(3) and if the general intent and purpose of this Bylaw is maintained.
## 17.3 VARIANCES OF UP TO 10%
- 1) The Planning Board shall review each application for a variance in excess of 5% and provide a recommendation to Council.
- 2) Council may authorize a variance not exceeding 10% from the provisions of this Bylaw if, in the opinion of Council, the variance is appropriate and justified pursuant to subsection 17.1(3) and if the general intent and purpose of this Bylaw is maintained.
## 17.4 VARIANCES IN EXCESS OF 10%
- 1) Notwithstanding any other section of this Bylaw, Council, in its discretion, may authorize a variance in excess of 10% but no greater than 50% from the provisions of this Bylaw, where warranted, if Council deems such a variance appropriate and if such variance meets the criteria of subsection 17.1(3) and is in keeping with the general intent and purpose of this Bylaw and the Official Plan for the for the Town.
- 2) Before Council considers a variance in excess of 10%,
- a) the development officer shall:
- i. receive from the owner sufficient funds to cover the costs of the application fee, and the advertising and mailing of written notices required for a public meeting under section 18.4;
- ii. provide notice in accordance with the requirements of subsection 18.4(1), and
- b) Council shall hold a public meeting to receive comments on the proposed variance.
- 3) Council shall consider the application having regard for the criteria in subsection 17.1(3), the input received from the public, the policies and objectives of the Official Plan and the recommendation from the Planning Board.
## 18. OFFICIAL PLAN AND BYLAW AMENDMENTS
## 18.1 AMENDMENT APPLICATIONS
- 1) A person making application for an amendment to the provisions of this Bylaw shall do so on a form prescribed by Council and shall submit the application to the development officer. The applicant shall describe in detail the reasons for the desired amendment and request that Council consider the proposed amendment. Any request for an amendment shall be signed by the person seeking the amendment or the person's authorized agent.
- 2) A change to either the text of this Bylaw or the Zoning Map is an amendment, and any amendment shall be consistent with the policies of the Official Plan.
- 3) An application for an amendment shall include such information as may be required for the purpose of adequately assessing the desirability of the proposal or other potential permitted uses, including but not limited to:
- a) A general development concept showing proposed land uses, any subdivisions, buildings, means of servicing, traffic access and parking; and
- b) An assessment of any potentially significant development impacts on the Town's infrastructure and the natural environment.
- 4) The applicant shall, at the time of submitting the application for an amendment, deposit with the Town the application fee and any other required fees in accordance with the schedule of fees established by Council and annexed hereto as Schedule C.
- 5) Council shall determine whether or not to consider an amendment and before making a decision shall consider whether:
- a) the proposed amendment is in conformity with the Official Plan; or
- b) to amend the Official Plan in accordance with the provisions of the Planning Act.
- 6) Related Official Plan and bylaw amendments may be considered concurrently, provided that the public and written notices required under section 18.4 indicate in general terms the nature of both the proposed Official Plan amendment and proposed bylaw amendment, and consideration and a decision regarding the Official Plan amendment precedes the bylaw amendment.
## 18.2 SITE-SPECIFIC AMENDMENTS
- 1) Council may approve a site-specific amendment to the permitted uses and standards in any zone through a bylaw amendment process, where the following criteria are satisfied:
- a) the proposed site-specific amendment is not contrary to the Official Plan. If an application is contrary to the policies in the Official Plan, an application to amend the Official Plan must be filed in conjunction with the application to amend the Bylaw;
- b) the proposed use of land or a building that is otherwise not permitted in a zone is sufficiently similar to or compatible with the permitted uses in that zone; and
- c) the proposed use does not undermine the overall integrity of the zone, is in the public interest, and is consistent overall with sound planning principles.
- 2) Prior to making a decision with regards to an application for a site-specific amendment, the Town shall
ensure that:
- a) written notice to adjacent property owners is provided in accordance with section 18.4, including details of the proposed development and inviting written comments;
- b) a public meeting is held, where required for the proposed site-specific amendment, to receive comments on the proposed use in accordance with the requirements of section 18.4; and
- c) all other relevant provisions of this Bylaw can be met.
- 3) Notwithstanding any other provision of this Bylaw, Council may approve a site-specific amendment to the permitted uses or regulations within any zone, after:
- a) receiving a recommendation from the Planning Board; and
- b) following the process as prescribed for an amendment to this Bylaw.
## 18.3 AMENDMENT PROCEDURES
- 1) The Planning Board shall review each amendment request and provide a recommendation to Council.
- 2) Prior to making a final recommendation with regards to a proposed amendment to the Official Plan or this Bylaw, the Planning Board shall provide public notice and hold a public meeting in accordance with the provisions of section 18.4 in this Bylaw and the requirements of the Planning Act.
- 3) Following the public meeting, the Planning Board shall consider the feedback received from the public by way of written responses and comments made at the public meeting. The applicant may be provided another opportunity to present to the Planning Board to answer any further questions that may have arisen at or following the public meeting. The Planning Board shall make a recommendation to Council on the application.
- 4) The Planning Board and Council shall consider the following general criteria when reviewing applications for amendments to this Bylaw, as applicable:
- a) conformity with the Official Plan;
- b) conformity with all requirements of this Bylaw;
- c) suitability of the site for the proposed development;
- d) compatibility of the proposed development with surrounding land uses, including both existing and future uses as per the Zoning Map;
- e) any comments from residents or other interested persons;
- f) adequacy of existing water supply, wastewater treatment and disposal systems, streets, stormwater management, and parks and parkland for accommodating the development, and any projected infrastructure requirements;
- g) impacts from the development on pedestrian and vehicular access and safety, and on public safety generally;
- h) compatibility of the development with environmental systems;
- i) impact on the Town's finances and budgets; and
- j) other matters as considered relevant by the Planning Board or Council.
- 5) Following the public meeting and after having considered the recommendation from the Planning Board,
Council shall formulate a decision on the proposed amendment. Council shall have the authority to determine whether an amendment request is approved, modified, or denied in accordance with the procedures established under the Planning Act.
- 6) All amendments to the Official Plan or this Bylaw shall be made in accordance with the procedures set out in the Planning Act.
- 7) The development officer shall notify the applicant in writing of the decision and the decision shall be posted on the Town's or other website in accordance with the Planning Act. Where a proposed amendment has been denied by Council, the reasons for the denial shall be stated in writing to the applicant.
- 8) No development permits or subdivisions related to a proposed amendment shall be approved until the approval from the Minister responsible for administering the Planning Act or any successor legislation has been granted for the necessary amendments.
- 9) When an application for an amendment has been decided, Council may refuse to hear the same or a similar application for one (1) year after rendering a decision unless Council is of the opinion that there is new information.
- 10) The Council retains the right to deny an amendment request, without holding a public meeting, if such request is deemed to be inconsistent with appropriate land use planning standards or the Official Plan. Should the Council not proceed with a public meeting, the application fee as per subsection 18.1(4) shall be returned to the applicant.
- 11) When an application for an amendment to the Official Plan or this Bylaw has been decided, Council may refuse to hear an application for the same or a similar amendment for the lot for one (1) year after its rendering a decision unless Council is of the opinion that there is new information.
- 12) Nothing in this Bylaw restricts the right of the Planning Board or Council to initiate its own amendment to the Official Plan or this Bylaw.
## 18.4 PUBLIC MEETING REQUIREMENTS
- 1) Where a public meeting is required under this Bylaw, the development officer shall, at least seven (7) clear days prior to the public meeting;
- a) ensure that a notice is placed in a newspaper circulation in the area and on the Town's website;
- b) ensure that written notice is provided to all property owners wholly or partially within 152.4 m. (500 ft.) of all boundaries of the subject property, where the subject of the meeting is an application for a variance pursuant to subsection 17.4(2) or where the property is the subject of the meeting for an amendment to the Official Plan or this Bylaw, including a change in zoning or a site-specific amendment; and
- c) in the case of an application for a change in zoning or a site-specific amendment, ensure a sign a minimum of 1.2 m. by 1.2 m. (4 ft. by 4 ft.) is placed on the land being proposed for a rezoning or site-specific amendment indicating that an application has been received and directing people to contact the Town to get the specific details.
## 18.5B ZONING AND GENERAL LAND USE MAP REVISIONS
- 1) The development officer may make technical revisions to the Zoning Map and the Future Land Use Map in the Official Plan for purposes of
- a) better reflecting detailed or changing topographical or legal conditions such as new streets or approved lots; or
- b) ensuring that the Zoning Map and the Future Land Use Map in the Official Plan reflect approved amendments to the Official Plan and Bylaw.
## 19. GENERAL PROVISIONS FOR SUBDIVIDING LAND
## 19.1 SUBDIVISION APPROVAL
- 1) No person shall subdivide one or more lots or any portion or interest in a lot and no person shall consolidate two or more parcels of land until the conditions of this Bylaw have been complied with and the applicant has received final approval from the Council.
- 2) Notwithstanding subsection (1), where a parcel is naturally subdivided into two or more units by a street, a watercourse, or other body of water, each of the units shall be treated as a separate parcel.
## 19.2 CONVEYING INTEREST IN A LOT
- 1) No person shall sell or convey any interest in a lot before the Council has issued a stamp of approval for the lot or the subdivision in which the lot is situated.
## 19.3 PERMISSION TO SUBDIVIDE
- 1) No land shall be subdivided within the Town unless the subdivision:
- a) conforms with the requirements of this Bylaw;
- b) is suitable to the topography, physical conditions, soil characteristics, and the natural surface drainage of the land;
- c) will not cause undue flooding or erosion;
- d) has frontage on a street and legal access to a street;
- e) has adequate utilities and services available or can reasonably be provided with such utilities and services;
- f) will provide for effective and efficient traffic flow and access that takes into consideration emergency access, natural hazards, and other safety risks;
- g) is designed so that lots will have suitable dimensions, shapes, orientation and accessibility;
- h) is designed to accommodate climate change mitigation and adaptation measures such as ensuring there is adequate land above the flood risk elevation to establish legal access and accommodate proposed development; and
10. is suitable to the use for which it is intended, and the future use of adjacent lands.
## 19.4 REDUCED LOT FRONTAGE OR AREA |
- 1) If a parcel of land in any zone is of such configuration that the Council deems it cannot reasonably be subdivided in such a way to provide the required minimum frontage on a street or where lots are designed with a reduced frontage along a bend in a street or facing a cul-de-sac, the Council may approve a reduced frontage, if in the opinion of the Council:
- a) adequate and safe access is provided;
- b) the lot width at the front building line measures at least as much as the minimum lot frontage for the zone; and
- c) the proposed lot has a minimum frontage of 7.32 m. (24 ft.)
- 2) The subdivision of panhandle lots shall be restricted to parcels existing in separate ownership as of the effective date of this Bylaw and not more than two (2) panhandle lot may be subdivided per existing parcel.
- 3) The minimum acceptable frontage for a panhandle lot shall be 7.32 m. (24 ft.) and the lot width at the front building line shall measure at least as much as the minimum lot frontage for the zone.
- 4) The area of the access driveway or right-of-way portion of a panhandle lot shall not be included in the minimum lot area requirements.
- 5) The subdivision or consolidation of an existing non-conforming lot(s) may be permitted if the subdivision or consolidation results in an increase to the lot area or lot frontage or both, even if the lot will remain undersized following the subdivision, where the subdivision would otherwise be permitted under this Bylaw.
Figure 8 Cul-de-Sac Lot Frontage
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## 19.5 ROAD STANDARDS
- 1) All new streets or extensions to existing streets shall be streets and no subdivision shall be permitted of a lot served by a private road.
- 2) All new streets shall be developed to the Province's public road standards.
- 3) All applications for subdivisions along or accessing provincially-owned streets shall be reviewed by the Province's department responsible for the Roads Act, and where an entrance way permit or other approval or permit is required pursuant to the Roads Act, a final approval of subdivision shall not be granted until that entrance way permit or other approval or permit has been granted.
- 4) Subject to section 19.4 and subsection (1) above, and all other requirements of this Bylaw, the subdivision of lots that abut, and require access to, a collector highway that has not been designated as infill under the Roads Act shall be subject to the following standards:
| Frontage of parcel being subdivided: | Maximum number of lots that may be approved abutting, and requiring access to, the Collector Highway: |
|---------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------|
| a. less than 402.3 m. (1,320 ft.), parcel existing prior to February 3, 1979 | one lot, where no lot has previously been approved for subdivision from the parent parcel as it existed on February 2, 1979. |
| b. 402.3 m. (1,320 ft.) or more, parcel existing prior to February 3, 1979 | One lot for every 201 m. (660 ft.) of frontage of the parent parcel on February 2, 1979. |
| c. less than 402.3 m. (1,320 ft.), parcel approved on or after February 3, 1979 | No lot may be approved for subdivision. |
| d. 402.3 m. (1,320 ft.) or more, parcel approved on or after February 3, 1979 | One lot for every 201 m. (660 ft.) of frontage, and each lot must have a minimum of frontage of 201 m. (660 ft.). |
- 5) Subject to section 19.6 and subsection (1) above, and all other requirements of this Bylaw, one lot, in addition to those permitted in clauses 19.5(4)(a) or (b), may be approved provided that:
- a) the proposed lot contains an existing farm dwelling served by an existing highway access;
- b) the dwelling on the lot shall be served by the existing dwelling access; and
- c) no development permit shall be issued for a dwelling on the remainder of the parent parcel.
- 6) Subsection (4) does not apply to a parcel of land along a portion of a collector highway that is designated for infilling under the regulations made under the Roads Act.
6. Notwithstanding the restrictions on subdivisions specified in subsection (4), and subject to section 19.6 and subsection (1), a person may subdivide lots from a parcel of land that abuts, and requires access to, a collector highway, provided:
- a) the person has applied for and obtained approval of a plan of subdivision that includes approval for a street connecting to and within the subdivision to serve the lots; and
- b) all other requirements of this Bylaw can be met.
## 19.6 SUBDIVISIONS IN AGRICULTURAL (A1) ZONE
- 1) Within an Agricultural (A1) Zone, subdivisions shall be restricted to existing parcels only and no person shall be permitted to subdivide more than two (2) lots.
2. For the purposes of this section "existing parcel" shall mean a parcel of land which was held in separate ownership as of January 1, 1980.
- 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.
## 19.7 K SUBDIVISIONS IN COASTAL, WATERFRONT, AND WETLAND AREAS
- 1) Where a subdivision is located adjacent to a coastal area, watercourse, or wetland, the subdivision shall be subject to the following:
- a) public access to the beach shall be provided if the property being subdivided includes shore frontage on a beach, with at least one access measuring at least 6.1 m. (20 ft.) to be located approximately every 200 m. (656.2 ft.) of shore frontage;
- b) the area to be set aside as parkland dedication may include land located along the watercourse; and
- c) compliance with the requirements of subsection 4.4.
- 2) The area of a lot that is subject to the Environmental Reserve (Overlay) Zone may be included as part of the lot in a subdivision where the lot has sufficient area exclusive of the Environmental Reserve Zone area to permit the required setbacks, on-site services and the minimum circle diameter requirements under the Province-wide Minimum Development Standards Regulations.
- 3) Where a lot or a portion of a lot contains a wetland or watercourse, the boundary of which is defined by the Watercourse and Wetland Protection Regulations, the lot(s) shall meet the minimum lot area for the zone exclusive of the area of the wetland or watercourse.
## 19.8 SUBDIVIDING OF ATTACHED DWELLINGS
- 1) Semi-detached dwellings and townhouse dwellings may be subdivided for individual sale and ownership provided that:
- a) a subdivision of the parcel of land has been approved by the Council and such subdivision provides for appropriate easements or common area to allow entry by an owner of any portion of the building to their rear yard area;
- b) each individual dwelling unit within the semi-detached dwelling or townhouse dwelling shall be separated by a vertical fire wall built in accordance with the National Building Code;
- c) a separate water and sewer service is provided for each dwelling unit;
- d) separate electrical services are provided for each dwelling unit;
6. a separate heating device is provided for each dwelling unit;
- f) separate parking is provided for each dwelling unit unless the Council waives the requirement; and
- g) a copy of the agreement made between the owners covering the following terms is approved by the Council and registered on the title of each dwelling. The agreement shall address the following:
- i. common walls;
- ii. maintenance;
- iii. fire insurance;
- iv. easements;
- v. parking;
- vi. snow removal;
- vii. any other items jointly owned or used; and
- vili. any other terms and conditions as shall be imposed by Council.
## 19.9 PARKLAND DEDICATION AND/OR PARK DEDICATION FEE
- 1) A person seeking to subdivide 3 or more lots, exclusive of the parent parcel, shall be required to dedicate and convey to the Town 10% of the lands being subdivided from the parent parcel for recreation and public open space purposes, subject to the following:
- a) the location of the parkland to be conveyed shall be at the discretion of, and shall be subject to approval by Council;
- b) the parkland shall be free of all encumbrances; and
- c) Council may apply some or all of the dedication and conveyance of the lot area to active transportation routes or trail systems or both where such can be provided within or between subdivisions, or to ensure that valued natural assets such as forest cover can be protected.
3. In lieu of a parkland conveyance, where land is deemed to be inappropriate by Council, Council shall require a payment of 10% of the assessed value of the lots to be subdivided, calculated on the projected value of the lands being subdivided, including all infrastructure costs upon final approval of the subdivision, and shall not take into account the value of structures on such lands. Council retains the right to use the Province's land valuation and assessment division or a qualified property appraiser in determining the assessed value of the land.
- 3) Council may, where Council determines that a combination of parkland and cash-in-lieu payments is in the best interests of the Town, require that parkland dedication be in the form of a combination of land and cash of an equivalent value.
- 4) Any monies collected pursuant to subsections (2) or (3) shall be designated for the purpose of recreational and public open space lands or uses.
- 5) A further subdivision of land that has already been subject to a parkland dedication or conveyance shall be exempt from the requirements of this section.
## 19.10 APPLICATION AND PRELIMINARY APPROVAL PROCESS
- 1) Any person seeking Council's approval of a subdivision shall first make application for preliminary approval, and shall be required to submit to the Town the following:
- a) an application in the form prescribed by the Council;
- b) the application fee as set forth in Schedule C;
- c) four (4) copies of a preliminary subdivision plan drawn to scale showing:
- i. the true shape and dimensions of every lot;
- ii. the location of every existing structure on the parcel;
- iii. existing and proposed services and utilities;
- iv. proposed widths and locations of all streets;
- v. location of land proposed for the parkland dedication, if applicable;
- vi. proposed surface water drainage patterns and designed drainage features, when applicable;
- vii. other existing features, including buildings, watercourses, wetlands, buffer zones, wooded areas, and areas subject to current or projected future flooding or erosion.
- 2) Council may also require the applicant to provide additional information required to assist it in evaluating a proposed subdivision, including, but not limited to:
- a) a soil test conducted in a manner acceptable to Council;
- b) contours and spot elevations;
- c) a water test;
- d) an assessment on any potential environmental impacts, including any requirements imposed by the
Province's statutes or regulations or other enactments;
- e) a stormwater management plan in accordance with section 3.8;
- f) a traffic survey or a traffic study; and
- g) any other studies or documentation required to adequately determine whether the requirements of this Bylaw are met.
- 3) Council shall evaluate any proposed subdivision to determine whether:
- a) the proposed subdivision meets the intent of the Official Plan and the requirements of Part 19 of this Bylaw;
- b) appropriate street design standards and lot configurations have been used to promote the development of safe, convenient, and pleasant neighbourhoods; and
- c) a subdivision agreement shall be required in accordance with section 19.11.
- 4) Council may refuse to approve a subdivision which is unsuitable under the provisions of this Bylaw.
- 5) Where a subdivision application is submitted concurrently with a rezoning application, the preliminary subdivision approval shall not be granted until the rezoning application has been processed and has received approval.
- 6) Street design drawings and a stormwater management plan prepared by a professional engineer shall be submitted with an application for preliminary approval for any subdivision involving the construction of a new street.
11. Where Council generally accepts the details of a subdivision application, they may issue a preliminary approval, which shall include all conditions to be satisfied for the subdivision to proceed to final approval.
12. Preliminary approval for any proposed subdivision shall not be construed as final approval of such subdivision for legal conveyance or for land registration purposes.
## 19.11 SUBDIVISION AGREEMENT
- Council may require an applicant to enter into a subdivision agreement prior to issuing preliminary approval. The subdivision agreement may cover such matters required to ensure compliance with this Bylaw and may include, but not be limited to the following:
- a) the design and construction costs of sidewalks, water supply, wastewater treatment and disposal, streets, and street lighting;
- b) the dedication of parkland, or payment of a fee in lieu of parkland;
- c) the building of streets to provincial standards and deeding of streets to the Province's Department of Transportation and Infrastructure or its successor or to the Town, as the case may be;
- d) the posting of a financial guarantee, performance bond, or other security satisfactory to Council;
- e) the provision of a controlled landscape plan and stormwater management plan to facilitate the drainage of water and to guard against flooding of lots within the subdivision and adjacent properties;
- f) the provision of such services, facilities or actions as are necessary to ensure the satisfactory development of the parcel;
- g) the provision for the phasing of the subdivision; and
- h) the preservation and enhancement of surface water drainage systems.
- 2) The subdivision agreement shall be registered in accordance with the Registry Act and all fees associated with the preparation, registration, and enforcement of the subdivision agreement shall be paid by the developer.
## 19.12 FINAL APPROVAL
- 1) Except where otherwise provided for in this Bylaw, a stormwater management plan prepared by a professional engineer shall be submitted with an application for final approval for any subdivision of a lot into three (3) or more lots. The stormwater management plan shall include an overall surface water management strategy for the proposed subdivision and shall include the proposed general location and top of the foundation elevation for the main buildings to be erected on each lot.
- 2) Final subdivision approval shall be granted by the Town only after the applicant has:
- a) complied fully with all applicable requirements of this part, any subdivision agreement between the applicant and the Town, and any other conditions of preliminary approval;
- b) submitted at least seven (7) copies of a final survey plan showing all lots pinned and certified by a professional land surveyor; and
- c) all agreements and other documents required under this Bylaw have been prepared and concluded to the satisfaction of the development officer;
- d) all transactions involving the transfer of land, money, or security in conjunction with the subdivision have been concluded to the satisfaction of the development officer; and
- e) the applicant has completed any necessary conditions of agreements with the authority having jurisdiction respecting street construction and the street has been accepted as public.
8. The development officer may require the applicant to provide a digital file containing the (real earth) geographic co-ordinates of the plan of subdivision.
9. The development officer shall give notice of final approval of a subdivision in writing and shall place the Town's approval stamp on the seven copies of the survey plan and shall return one copy to the applicant.
- 5) The Town shall file a copy of the final survey plan with:
- a) the Province's Registrar of Deeds (2 copies);
- b) the authority having jurisdiction for the streets, as required;
- c) the local utilities, as required; and
- d) the Town's files.
- 6) The Town may grant final approval to part of a subdivision which is proposed to be developed in phases.
## 19.13 CONSOLIDATIONS
- 1) Any approval for a lot consolidation shall be conditional on the applicant combining the lots by deed expressing the perimeter boundary of the new parcel. The deed shall be registered in accordance with the Registry Act and all fees associated with the preparation and registration of the deed shall be paid by the developer.
- 2) Notwithstanding subsection 19.10, applications for final approval for lot consolidations or boundary line adjustments may be submitted without the preliminary approval stage of the application process, having regard to the provisions in the Bylaw for the approval of subdivisions, as may be applicable, and provided the application otherwise conforms to the Bylaw.
## 19.14 DEVELOPMENT PERMITS
- 1) No development permit shall be issued for any lot in a proposed subdivision until all the requirements of the preliminary approval, subdivision agreement and of this Bylaw have been fulfilled and final subdivision approval has been granted.
## 19.15 RESCINDING OR ALTERING APPROVAL
- 1) An existing approved subdivision or portion thereof may be rescinded or altered by the Council if:
- a) the subdivision has been carried out contrary to the application, the conditions of approval, or the requirements of this Bylaw; or
- b) the owner has confirmed in writing that the sale of lots is no longer intended and has requested that approval be rescinded.
## 20. PENALTIES
## 20.1 FINES
- conviction: 1) Any person who violates any provision of this Bylaw shall be guilty of an offence and liable on summary
- a) on a first conviction, to payment of a fine not exceeding $2,000;
- b) on a subsequent conviction, to a fine of not more than $400 for each day upon which the contravention has continued after the day on which the person was first convicted;
as well as payment of any outstanding fees. The judge presiding on any prosecution under this Bylaw may fix the costs of prosecution to be paid by the person found guilty.
- Any prosecution for an offence under subsection (1) may be instituted within one year after the time when the contravention occurred.
- 3) The applicant and the property owner are liable for any offence under this Bylaw.
- 4) The Town is entitled to all the enforcement remedies as set forth in section 24 of the Planning Act and in Part 9 of the Municipal Government Act.
## 21. NOTICE OF DECISIONS
- 1) The development officer shall ensure that all decisions relating to applications are posted in accordance with section 23.1 of the Planning Act.
## 22. APPEALS
- 1) Any appeal of a decision in respect to the administration of this Bylaw shall be undertaken in accordance with Part V of the Planning Act.
## 23. REPEAL
## 23.1 EFFECTIVE DATE
- 1) This Bylaw shall come into force on the date it is signed by the Province's minister responsible for the Planning Act.
## 23.2 REPEAL
- 1) The Town of Souris Zoning and Subdivision Control (Development) Bylaw (enacted September 2010), all previous versions, and all amendments thereto are hereby repealed.
## 24. DEFINITIONS
For the purpose of this Bylaw, all words shall carry their customary meaning except for those defined hereafter.
In this Bylaw:
## A
- ACCESSORY STRUCTURE means a separate subordinate structure which is used or intended for the personal use of the occupants of the main building to which it is accessory and located upon the parcel of land upon which such building is to be erected and includes a detached or private garage.
- ACCESSORY USE 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.
- AGRICULTURAL USE means the utilizing of land, buildings, or structures to raise crops or animals or fowl, including the harbouring or keeping of livestock, and includes an agricultural use pursuant to the Farm Practices Act.
AGRICULTURE-RELATED USE means any uses of a parcel or building for the storage, display or sale of goods directly and primarily related to resource uses, including but not limited to:
- i) veterinary clinics;
2. production and sale of beverages or food derived from products from the agricultural operation;
3. ili) farm markets;
4. iV) farm machinery sales and service; and
- V) farm-based tourism
ALTER means any change in the structural component of a structure or any increase in the volume of a structure.
- ANCILLARY USE means a listed, permitted land use that is additional, secondary, and complementary to a permitted principal or main use.
- APPLICANT means any person responsible for and authorized to complete an application for a subdivision, development permit or bylaw or Official Plan amendment and for fulfilling any required preconditions or conditions of permit approval under this Bylaw.
ARCHITECTS ACT means the Architects Act, R.S.P.E.I. 1988 Cap. A-18.1, as amended from time to time.
- 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.
AUTHORITY HAVING JURISDICTION means the Council or the Province.
- AUTO BODY SHOP means a building used for the storage, repair, and servicing of motor vehicles including body repair, detailing, painting, and engine rebuilding.
- 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.
- AWNING means a roof-like shelter of canvas or other material extending over a doorway, from the top of a window, over a deck, etc., to provide protection, as from the sun.
## B
- BARRIER FREE ACCESS UNIT means a unit designed for those with physical or other disabilities, involving the provision of alternative means of access to steps (e.g., ramps and lifts (elevators) for those with mobility problems), also known as universal or barrier-free unit.
BASEMENT means a storey or storeys of a building located below the ground floor.
- BED AND BREAKFAST means a dwelling in which there is a resident owner or manager who provides accommodation and meals (usually breakfast) for the travelling public and includes tourist home but does not include boarding house, rooming house, domiciliary hostel, group home, hotel, motel, restaurant, or lounge. bed and breakfasts may include accessory activities that are complimentary thereof.
BEDROOM means a habitable room used, designed, or intended for use for sleeping.
- BUFFER ZONE means the land within 15 m (49.2 ft.) of a watercourse boundary or a wetland boundary as defined in the Watercourse and Wetland Protection Regulations.
BUILDING means any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal, or chattel.
BUILDING CODES ACT means the Building Codes Act, R.S.P.E.I 1988, Cap. B-5.1, as amended from time to time.
BUILDING LINE means any line defining the position of a structures on a lot.
BUSINESS means a premise where goods and/or services are offered, including but not limited to premises used for the retail, wholesaling, manufacture, or conversion of goods.
BUILDING SETBACK means the distance between the street line and the nearest main wall of any structures, except fences, and extending the full width of the lot.
BYLAW means the Town of Souris Land Use Bylaw.
## C
- CAMPGROUND means an area of land, managed as a unit, providing short term accommodation for tents, tent trailers, recreational vehicles, and campers, featuring more than 3 campground sites or RV sites or both.
- CAMPGROUND SITE or RV SITE means an individual outdoor space, within a campground or RV park or the premises of a tourism establishment, providing short term accommodation for tents, tent trailers, recreational vehicles and campers and allocated to one person or group.
- CANNABIS means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act
- CANNABIS OPERATION means a facility or premises authorized by a license issued by the Government of Canada, pursuant to the Cannabis Act for growing, producing, processing, testing, storing, or distribution of cannabis but does not include the retail sale of cannabis-related products.
- CAR WASH means a building or part thereof used for the operation of manual, automatic or semi- automatic automobile washing equipment.
- CEMETERY means a spatially defined area where the intact or cremated remains of deceased people are buried or are otherwise interred.
- CHANGE OF USE means the change of purpose for which land, buildings, or structures, or any combination thereof, is designed, arranged, erected, occupied, or maintained.
CLEAR DAYS means 'clear days' as defined in the Interpretations Act.
- CLUB means an association of persons, whether incorporated or not, united by some common interest, meeting periodically for cooperation or conviviality. Club shall also mean, where the context requires, premises owned or occupied by members of such association within which the activities of the club are conducted.
- CLUSTERED HOUSING means a land development project for more than two residential use buildings on the same lot, including any combination of residential dwelling types, mini-homes, and tiny homes.
- COASTAL AREA means all the lands, including surface water bodies, streams, rivers, and off- shore islands in the Town, lying within 500 m. (1640.42 ft.) inland and seaward of the mean high-water mark of all coastal and tidal waters.
- COASTAL FLOODPLAIN means the area of land adjacent to the shoreline that will be affected by a coastal flooding event (i.e., storm surge) with a 1% chance of happening annually, often referred to as the 1-in-100-year flood
- COASTAL HAZARD ASSESSMENT means a summary report issued by the Province describing the potential erosion and flood hazards associated with a coastal property.
- COLLECTOR HIGHWAY means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations;
COMMERCIAL USE means the sale or distribution of materials or provision of services including, but not limited to:
- i) art galleries and studios;
2. ii) bakeries;
3. iii) banks and financial institutions;
4. iv) business and professional offices;
- V) craft breweries;
6. vi) craft workshop and studios;
7. vii) entertainment establishments;
8. vili) event venues;
9. ix) funeral homes and crematoria;
10. lounges and restaurants;
11. xi) retail stores, service shops and personal service shops; and
12. xii) tourism establishments and attractions.
13. COMMUNITY CARE FACILITY means a community care facility as defined in the Province's Community Care Facilities and Nursing Homes Act, R.S.P.E.I. 1988, Cap. C-13 as amended from time to time and may include ancillary institutional uses.
14. COMMUNITY CENTRE means a building, structure, or public place where members of a community gather for recreational, educational, artistic, social or cultural activities.
15. CONDOMINIUM means a building in which each individual unit is held in separate private ownership and all floor space, facilities and outdoor areas used in common by all tenants are owned, administered, and maintained by a corporation created pursuant to the provisions of the appropriate statute.
## CONSOLIDATE - see LOT CONSOLIDATION
COUNCIL means the Council for the Town of Souris.
## D
DECK means a structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.
DEMOLISH means to remove, pull down or destroy a structure.
- DETRIMENTAL means any loss or harm suffered in person or property in matters related to public health, public safety, protection of the natural environment and surrounding land uses, but does not include potential effects of new subdivisions, buildings, or developments with regards to:
- i) real property value;
- ii) competition with existing businesses;
- ili) viewscapes; or
- iv) development approved pursuant to subsection 9(1) of the Environmental Protection Act.
DEVELOPER - means any person who is responsible for any undertaking that requires a development permit, subdivision approval or consolidation approval.
- DEVELOPMENT means the carrying out of any 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, structure, buildings, or premises.
- DEVELOPMENT AGREEMENT means an agreement executed between the developer and the Town respecting the terms under which a development may be carried out.
- DEVELOPMENT OFFICER means any person charged by the Council with the duty of administering the provisions of this Bylaw.
DEVELOPMENT PERMIT means the formal and written authorization for a person to carry out any development
- DISPLAY includes any item, group of items, sign, or billboard sign visible to the general public indicating that items or services are offered for sale or trade but does not include premises signs or signs 400 square inches or less.
- DORMITORY means a structures where residents have exclusive use of a bedroom but common washroom and/or kitchen facilities, and where each resident individually compensates the owner for providing the accommodation.
- DWELLING means a building or portion thereof designated or used for residential occupancy but does not include hotels and motels. Also see SECONDARY SUITE and GARDEN SUITE.
- APARTMENT DWELLING means a dwelling in a building containing three or more such dwelling units that share common hallways and a common outdoor entrance, dwellings attached to a building which is principally commercial, or a dwelling in a building that is divided vertically into three or more attached dwelling units that do not each have their own street frontage. An apartment dwelling does not include a townhouse dwelling or stacked townhouse dwelling.
- DUPLEX DWELLING means a building containing two dwelling units, with one dwelling unit placed over the other in whole or in part with each dwelling unit having their own separate and individual outdoor entrance, not necessarily directly to grade.
MULTIPLE ATTACHED DWELLING means a building containing three or more dwelling units and includes apartment dwellings, townhouse dwellings, and stacked townhouse dwellings.
SEMI-DETACHED DWELLING means a building divided vertically into two separate dwelling units, each with its own street frontage and outdoor entrance.
SINGLE-DETACHED DWELLING means a building designed or used for occupancy as one dwelling unit and includes a modular home and a mini-home but does not include a mobile home or tiny home.
STACKED TOWNHOUSE DWELLING means a building, other than a townhouse or apartment building, containing 3 or more dwelling units attached side by side, two units high, where each dwelling unit has an independent outdoor entrance at grade.
TOWNHOUSE DWELLING means a building that is divided vertically into three or more attached dwelling units, each with its own street frontage and outdoor entrance.
Figure 9 - Examples of dwelling types
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DWELLING UNIT means a self-contained unit contained within common walls with a separate entrance intended for year-round occupancy. The principal use of such dwelling unit is residential with complete living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
## E
EARLY LEARNING AND CHILD CARE ACT means the Early Learning and Child Care Act, R.S.P.E.I. 1988, Cap. E-.01, as amended from time to time.
EARLY LEARNING AND CHILD CARE CENTRE means a building where children are cared for as permitted under the Early Learning and Child Care Act.
EMERGENCY 911 ACT means the Emergency 911 Act, R.S.P.E.I. 1988, Cap. E-5.1, as amended from time to time.
ENGINEERING PROFESSION ACT means the Engineering Profession Act, R.S.P.E.I. 1988 Cap. E-8.1, as amended from time to time.
ENTERTAINMENT ESTABLISHMENT means an establishment providing musical, dramatic, dancing or cabaret entertainment and/or facilities for alcoholic beverage consumption and includes supplementary food service. this term refers to uses such as theatres, cinemas, auditoria, beverage rooms, cocktail lounges, cabarets, nightclubs, and theatre restaurants.
- ENVIRONMENTAL PROTECTION ACT means the Environmental Protection Act, R.S.P.E.I. 1988, Cap. E-9, as amended from time to time.
- ERECT means to build, construct, reconstruct, alter, or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, filling, or draining.
- EVENT VENUE means a commercial use of a structure or part of a structure or land as a place of assembly by the public for special events such as weddings, performances, and cultural gatherings but does not include sporting events.
- EXCAVATION PIT means any excavation in the ground for the purpose of searching for or removing clay, gravel, sand, shale, subsoil, topsoil, rock or any other surface or subterranean deposit, but does not include an excavation made within the boundaries of a street, or a snow-trap constructed to protect a street from snow accumulation.
- EXISTING LOT means a lot in existence on the effective date of this Bylaw, except where otherwise indicated in this Bylaw.
## F
- FARM or FARM PROPERTY means land, including any complementary buildings, utilized for the purpose of sowing, cultivation and harvesting of crops, rearing of livestock or production of raw dairy products.
- FARM DWELLING means a single-unit dwelling that is located on a farm and is owned and occupied by the principal owner of the farm or a person whose primary occupation is to work on the farm parcel.
- FARM GATE OUTLET means an accessory use located on a property for sale of its own agricultural or garden products and excluding sale of any non-farm or garden products or those from a plant nursery.
- FARM MARKET means a building or part of a building in which farm produce; crafts and baked goods make up the major portion of items offered for sale.
- FARM PRACTICES ACT means the Farm Practices Act, R.S.P.E.I. 1988, Cap. F-4.1, as amended from time to time.
- FENCE means an artificially constructed barrier made of metal slats, glass, wire, wood or similar materials, or a combination of such materials, erected to enclose or screen areas of land.
- FISHERY USE means a use of land, wharves, and buildings for uses specific to the fishery including industrial fish plants, vessel construction and major repair, and storage of materials (boats, traps, nets, and equipment) in the off-season.
- FLOOR AREA means:
- with reference to a dwelling - the area contained within the outside walls including any attached garage, porch, veranda, sunroom, greenhouse, basement, but excluding any unfinished attic;
- with reference to a commercial building - the total usable floor area within a building used for commercial purposes excluding washrooms, furnace rooms and common halls between stores; and
- with reference to an accessory structure - the area contained within the outside walls.
- FORESTRY USE means the general growing and harvesting of trees and, without limiting the generality of the foregoing, shall include the growing and cutting of fuel wood, pulp, wood, lumber, Christmas trees and other products. Forestry use includes a sawmill and woodworking shop.
- 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.
## G
GARDEN SUITE means a self-contained second dwelling unit that is:
- i) accessory to the main dwelling;
2. located within an accessory structure;
3. ili) located on its own footing or foundation; and
4. iv) not attached to the main building.
GARDEN means a plot of land for growing flowers, vegetables, or fruit.
- GAZEBO means a freestanding, roofed accessory structure which is not enclosed, except for screening or glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling unit but shall not include any other use or activity otherwise defined or classified in this Bylaw.
- GRADE means the highest among the average, finished ground levels around each respective main wall of a building, excluding consideration of local depressions on the ground, such as for vehicle or pedestrian entrances.
GROUND FLOOR means the uppermost storey having its floor level not more than 2 m. (6.6 ft.) above grade.
- GROUP HOME means an establishment for the accommodation of four or more persons, exclusive of staff, living under supervision in a single housekeeping unit who require special care or supervision, and which is staffed 24 hours per day by trained care giver(s).
## H
HEIGHT means the vertical distance measured from the average finished grade to the highest point of a structure.
## HIGHWAY - see STREET
- HIGHWAY, COLLECTOR -- means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations.
- HIGHWAY ACCESS REGULATIONS means the Highway Access Regulations made under the Roads Act, as amended from time to time.
- HISTORIC SITE means any site that has been designated as a historic site or a heritage place under provincial or federal legislation, as well as any accessory uses or structures to support visitation.
- HOME-BASED BUSINESS means the accessory use of a dwelling or of a building accessory to a dwelling for an occupation or business conducted for profit involving the production, sale, or provision of goods and services.
- HOME OFFICE USE means an office-related activity operated within a dwelling unit that does not regularly require direct in-person contact with clients on the premises but excludes a home-based business use.
- HOSPITAL means any institution, building, or other premises or place established for the maintenance, observation, medical and dental care and supervision, and skilled nursing care of persons afflicted with or suffering from sickness, disease, injury, or for convalescing or chronically ill persons.
- HOSTEL means a building other than a motel occupied or intended to be occupied as the temporary lodging place for any individual for a fee.
- HOTEL means a commercial building providing temporary accommodations for travellers or transients and may have one or more public dining rooms and convention meeting rooms but does not include a motel.
HOUSING CORPORATION ACT means the Housing Corporation Act, R.S.P.E.I. 1988, Cap. H-11.1, as amended from time to time.
INDUSTRIAL PREMISES or USE means premises or land in or from which goods or materials are manufactured, processed, assembled, or extracted or premises from which wholesale trade is carried on including warehousing.
INSTITUTIONAL USE means the use of premises, other than retail or industrial premises, for community, public, or non-profit uses and includes but is not limited to:
- i) clinics and hospitals;
2. shared housing with special care, including but not limited to, group homes, community care facilities, nursing homes, and senior citizens homes;
3. ili) community centres, libraries, museums, cultural centres;
4. iv) education facilities and early learning and child care centres;
5. government offices and facilities;
6. vi) historic sites;
7. vii) places of worship, manses, cemeteries, and crematoria;
8. vili) public and private parks, including sports fields; and
9. ix) recreation centres and recreation centres and facilities.
INTENSIVE LIVESTOCK OPERATION means a place where livestock are found in a density greater than seven animal units per acre in confined area to which the livestock have access, with the calculation of animal units to be determined by the Province.
INTERNAL DRIVE means a lane, access road, or right-of-way for providing general traffic circulation within a single lot.
INTERPRETATIONS ACT means the Interpretations Act, R.S.P.E.I. 1988, Cap. I-8.1, as amended from time to time.
## K
KENNEL means a structure where more than four (4) domestic animals excluding livestock are kept, bred and raised for profit or gain.
## L
LAND SURVEYORS ACT means the Land Surveyors Act, R.S.P.E.I. 1988, Cap. L-3.1, as amended from time to time.
- LANDSCAPING means all the elements of a lot or site development other than the building or buildings, and may include pedestrian facilities, grass and other ground cover, flower beds, shrubbery, trees, hedges, berms, fences and retaining structures, off- street lighting devices, forms of natural landscaping, and various combinations thereof.
LANDSCAPE ARCHITECT means a person who is a member in good standing in the Canadian Society of Landscape Architects.
- LIVESTOCK means farm animals kept for use, for propagation, or for intended profit or gain and, without limiting the generality of the foregoing, includes: dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkeys, goats, geese, mink, llamas and rabbits.
- LOADING SPACE means an unencumbered area of land provided and maintained upon the same lot or lots upon which the principal use is located, and which area is provided for the temporary parking of one (1) commercial motor vehicle while merchandise or materials are being loaded or unloaded, and such parking space shall not be for the purpose of sale or display.
- LOT or PROPERTY means any parcel of land described in a deed or as shown in a registered subdivision plan.
- CORNER LOT means a lot situated at an intersection of and abutting on two or more streets. INTERIOR LOT means a lot other than a corner lot.
- PANHANDLE LOT means any lot which gains street frontage through the use of a narrow strip of land which is an integral part of the lot.
THROUGH LOT means a lot bounded on two opposite sides by streets.
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LOT AREA means the total area included within the lot lines.
- LOT CONSOLIDATION means the legal incorporation of two or more existing parcels of land to form a single, larger parcel.
- LOT COVERAGE means the percentage of lot area covered by buildings and structures above established grade and may include main building, accessory structures, swimming pools, decks, patios, and gazebos.
- LOT DEPTH means the depth from the front lot line to the rear lot line.
- LOT LINE means any boundary of a lot.
FLANKAGE LOT LINE means the side lot line which abuts the street on a corner lot.
- FRONT LOT LINE means the lot line abutting the street upon which the structure erected or to be erected has its principal entrance.
REAR LOT LINE means the lot line further from and opposite to the front lot line.
SIDE LOT LINE means a lot line other than a front, rear or flankage lot line.
LOUNGE means a commercial facility or structure licensed to sell alcoholic beverages to the public.
## M
- MAIN BUILDING means that building in which is carried on the principal purpose or purposes for which the lot is used.
- MAIN USE means the principal purpose or purposes for which the lot is used, the nature of the use of which determines the status of the lot upon which it is authorized to be constructed or upon which it is constructed.
- MAIN WALL means the exterior wall of a building, but excluding projections such as balconies, bay windows, chimneys, decks, exterior stairs, fire escapes, projecting roofs, and wheelchair ramps.
- MINI-HOME means a premanufactured dwelling unit having an average width of less than 6.1 m. (20 ft.), not including appurtenances such as porches, entries, etc., certified under the Z240 provisions of the Canadian Standards Association (CSA) and provided with permanent on-site services and/or connected to municipal services.
- MINI-HOME COURT means a parcel of land on which a number of mini-home sites are provided, and which may include other directly related uses such as mobile homes.
- MOBILE HOME means a transportable dwelling unit suitable for permanent occupancy, designed to be transported with or without its own wheeled chassis.
- MODULAR HOME means a premanufactured dwelling unit having an average width of 6.1 m. (20 ft.) or more, not including appurtenances such as porches, entries, etc.
- MOTEL means a building occupied in whole or in part as a temporary lodging place for an individual(s) and for which there is an exit for any room or suite of rooms directly to the outdoors with access to grade level.
- MUNICIPAL GOVERNMENT ACT means the Municipal Government Act, R.S.P.E.I. 1988, cap M-12.1, as amended from time to time.
## N
- NURSING HOME means a nursing home as defined in the Community Care Facilities and Nursing Homes Act R.S.P.E.I. 1988, C-13, as amended from time to time.
- OFFICE, BUSINESS or PROFESSIONAL means premises where services are offered but does not include premises used for the retailing, wholesaling, manufacturing, or conversion of goods.
OFFICIAL PLAN means the Town's Official Plan as adopted by Council.
- OPEN SPACE means that portion of a lot which may be used for landscaping, recreational space or leisure activities normally carried on outdoors; but does not include space used for service driveways, off-street parking, or loading spaces.
- OPEN STORAGE means the outdoor storage of merchandise, goods or inventory of any kind, materials, equipment, or other items.
- ORNAMENTAL STRUCTURES means landscaping or decorative architectural structures such as arbours, pergolas, fixed seating, sculptures, or similar improvements.
- OUTDOOR WOOD FURNACE means an outdoor wood-burning appliance, or a solid fuel burning appliance, used for the space heating of buildings, structures, water or other similar purposes and is located outside of that structure.
- OWNER or PROPERTY OWNER means a registered owner of a lot or property in accordance with the records on file at the Province's Land Registry Office.
## P
- PARCEL means a lot or other division of land which is recognized as a separate unit of land for the purposes of this Bylaw.
- PARK means a public or private open area devoted to passive recreational uses or conservation uses, outdoor furniture, accessory structures, playgrounds, and on-site parking lots which support park uses.
- PARKING LOT means an area reserved for parking more than one automobile and includes lanes between parking spaces.
- PARKING SPACE means an area of land which is suitable for the parking of a vehicle, accessible to vehicles without the need to move other vehicles on adjacent areas.
- PASSIVE RECREATION refers to recreational activities that do not require prepared facilities like sports fields or pavilions and which place minimal stress on a site's resources.
- PATIO means a platform without a roof, or surfaced area without a roof, at grade, adjacent to a residential dwelling unit used for leisure activities.
- PAVILION means a structure used as a shelter that is either covered or uncovered and includes a gazebo and a pergola.
- PERGOLA means a garden feature forming a walkway, passageway or sitting area of vertical posts or pillars that usually support crossbeams and a sturdy open lattice.
- PERMITTED USE means a use which is allowable by right, subject to meeting applicable bylaw requirements.
- PERSON means an individual, association, corporation, contractor, commission, public utility, firm, partnership, trust, heirs, executors or other legal representatives of a person, or organization of any kind, including both principal and agent in an agency situation.
- PERSONAL SERVICE SHOP means a building in which persons are employed in furnishing services and otherwise administering to individual and personal needs including but not limited to barbershops, hairdressing shops, beauty parlours, pet grooming, shoe repair, laundromats, tailoring, or dry-cleaning.
- PHASE means to develop a parcel of land over time in a series of prescribed stages; or one of such stages.
- PLACE OF ASSEMBLY means a building or facility where people congregate for deliberation, entertainment, cultural, recreation or similar purposes, including but not limited to auditoriums, places of worship, clubs, halls, meeting halls, community facilities, open spaces, restaurants, galleries, and recreation fields, courts, or facilities.
- PLACES OF WORSHIP means a building used for religious workshop, study, and instruction, including but not limited to churches, monasteries, mosques, synagogues, temples, etc. and may include ancillary uses such as an auditorium, hall, daycare facility or nursery operated by the place of worship.
- PLANNING ACT means the Planning Act, R.S.P.E.I. 1988, Cap. P-8, as amended from time to time.
PLANNING BOARD means the Planning Board of the Town appointed by Council.
- PLANT NURSERY means a building or land used for the growing of young trees and/or other plants which may be retailed at the same location and may also include retailing of gardening tools and other related supplies but does not include a farm gate outlet.
PORCH means a covered shelter projecting in front of an entrance to a building.
- PREMISE SIGN means a sign that directs attention to a business, commodity, service, industry, or other activity, which is sold, offered, or conducted on the lot upon which such sign is located, or to which it is affixed.
- PRIVATE ROAD or PRIVATE RIGHT-OF-WAY means a road, street, or right-of-way which is not vested in the Province or the Town but does not include an internal drive.
PROFESSIONAL ARCHITECT means an architect licensed to practice in the Province.
PROFESSIONAL ENGINEER means an engineer licensed to practice in the Province.
PROFESSIONAL LAND SURVEYOR means a land surveyor licensed to practice in the Province.
PROVINCE means the Province of Prince Edward Island.
- PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS mean the Province-Wide Minimum
Development Standards Regulations made under the Planning Act, as amended from time to time.
PUBLIC HEALTH ACT means the Public Health Act, R.S.P.E.I. 1988, Cap. P-30.1, as amended from time to time.
PUBLIC means for the use of the general population.
- PUBLIC PARK or PARKLAND means land owned by the Town or some other level of government used or intended for use by members of the public.
## R
- REAL PROPERTY ASSESSMENT ACT means the Real Property Assessment Act, R.S.P.E.I. 1988, Cap. R-4, as amended from time to time.
- RECREATIONAL USE means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, athletic fields, picnic areas, swimming pools, day camps, sports arenas and similar uses but does not include areas for shooting (e.g., gun ranges, paint ball) or a track for the racing of animals or any form of motorized vehicles.
- RECREATIONAL VEHICLE means a vehicle which provides sleeping and other facilities, while travelling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes, recreation vehicles or other similar vehicles. Recreational vehicles may often be referred to as RVs.
REGISTRY ACT means the Registry Act, R.S.P.E.I. 1988, Cap. R-10, as amended from time to time.
RESIDENTIAL LOT means a lot where the primary use is residential.
- RESIDENTIAL SUBDIVISION DEVELOPMENT means a multi-lot subdivision comprised of lots for human habitation which is recognized by one designated name.
RESIDENTIAL USE means the use of a parcel or structure or parts thereof as a dwelling.
- RESTAURANT means structures or part thereof where food and drink are prepared and offered for sale to the public and may include alcoholic beverages.
RETAIL STORE means a building or part thereof in which foods, goods, wares, merchandise, substances, articles, or things are offered or kept for sale directly to the public.
ROAD - see STREET
ROADS ACT means the Roads Act, R.S.P.E.I. 1988, Cap. R-15, as amended from time to time.
## S
- SALVAGE YARD means an area of land used for the storage, handling, processing, and sale of scrap materials including but not limited to scrap metal, vehicles, tires, and batteries, but shall not include hazardous waste materials.
SCREENING means to limit the view of objects through the use of landscaping and/or fencing.
- SECONDARY SUITE means a self-contained second dwelling unit, located within the structure of a single-detached dwelling.
- SECONDARY USE means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or building and located on the same lot.
- SENIOR CITIZEN HOME means a residential building featuring multiple dwelling units designed for occupation by senior citizens, which may include ancillary uses such as lounges and recreation facilities.
- SENIOR CITIZEN means a person deemed to be eligible for accommodation in a Senior Citizen Home under the terms of the PEI Housing Corporation Act or comparable Provincial statute.
- SERVICE SHOP means a building or part thereof used for the sale and repair of household articles and shall include computer, electronic, and appliance repair shops but shall not include industrial, manufacturing or motor vehicle body repair shops.
- SERVICE STATION means a building or part of a building or a clearly defined space on a lot used for the sale of lubricating oils and gasolines and may include the sale of automobile accessories and the servicing and repairing essential to the actual operation of motor vehicles.
- SETBACK means the minimum horizontal separation distance between two objects as identified in this Bylaw, such as a structure, street line, watercourse, or zone boundary, except fences.
- SEVERANCE - see SUBDIVISION.
- SEWAGE DISPOSAL SYSTEMS REGULATIONS means the Sewage Disposal Systems Regulations made under the Environmental Protection Act, as amended from time to time.
SEWAGE SYSTEM means a system of pipes for the disposal of sewage controlled by a utility.
SHARED HOUSING USE means a use that contains 4 or more bedrooms, that meet one or more of the following.
- i) that are rented for remuneration as separate bedrooms for residential accommodation; or
2. ii) that are operated by a non-profit organization or a registered Canadian charitable organization that provides support services to the occupants of the shared housing use, such as group homes, dormitories, rooming houses, and community care facilities, nursing homes, and senior citizen homes;
and includes shared housing with special care but does not include a bed and breakfast, short-term rental, hotel, motel, or other tourism establishment. For greater certainty, a shared housing use is not considered a multi-unit dwelling use.
- SHARED HOUSING WITH SPECIAL CARE means a type of shared housing use designed to provide a level of care to residents with cognitive, physical, or behavioural limitations, including options for individual dwelling units for occupants, such as assisted living, community care, nursing homes, senior citizen homes, and includes a group home.
- SHORE FRONTAGE means, with respect to a parcel of land, the side or sides of the parcel of land that abut the waters of the Gulf of St. Lawrence, or any body of water that is connected to tidal waters and has a tidal flow.
- SHORT-TERM RENTAL means the use of a residential dwelling, or one or more sleeping units or rooms within a dwelling for temporary overnight accommodation for a period of 29 days or less. This use does not include bed and breakfasts, hotels, or motels.
- 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 premises or from a parking lot.
- BILLBOARD SIGN means a free-standing sign larger than 4.6 sq. m. (50 sq. ft.) in gross area, or a wall sign covering more than ten percent (10%) of the wall area to which it is affixed.
- FASCIA SIGN means a sign mounted on the exterior wall surface of a building.
- FREE-STANDING SIGN means a self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type sign.
- OFF-PREMISES SIGN means a sign that identifies or directs attention to a business, profession, commodity, service, event, or other activity not being conducted, sold, or offered on the property on which the sign is located
- POLITICAL SIGN means a sign promoting a candidate or political party in support of an election.
- 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.
- PROJECTING SIGN means a sign that projects from and is supported by the wall of a building.
- ROOF SIGN means a sign which is located above, or projects above, the lowest point of the eaves of the top of the parapet wall of any building, or which is painted on or fastened to a roof.
- SANDWICH SIGN means a self-supporting, two-sided, A-frame style sign that is not affixed to the ground.
- TEMPORARY SIGN means a sign intended to be used for a period of no more than 30 days.
- SITE PLAN means an appropriately scaled drawing or drawings of the proposed development of a site, showing the existing and proposed natural and built features of the site.
- SITE-SPECIFIC AMENDMENT USE means a use that is not allowable by right and is only permitted where a sitespecific amendment has been enacted.
- SOLAR ARRAY means a system of any number of solar collectors and associated mounting and electrical equipment. The capacity of a photovoltaic solar array is considered to be the aggregate nameplate capacity of all
associated solar collectors.
- SOLAR ARRAY, GROUND-MOUNTED means a solar array of any size that is structurally supported by the ground, rather than by a building.
- SOLAR ARRAY, ROOF-MOUNTED means a solar array of any size that is structurally supported by a building, rather than by the ground.
- SOLAR COLLECTOR means a device, structure or a part of a device or structure for which the primary purpose is to convert solar radiant energy into thermal, chemical, or electrical energy (photovoltaic).
- SPECIAL PERMIT USE means a use that may be problematic within a zone and whose intensity, impacts or other characteristics require review by Council to ensure that the development meets certain restrictive performance standards for the use at the designated location.
- STOREY means that portion of a building which is situated between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of such floor and the ceiling above it provided that any portion of a building partly below grade shall not be deemed a storey unless its ceiling is at least 1.83 m. (6 ft.) above grade and provided also that any portion of a storey exceeding 4.27 m. (14 ft.) in height shall be deemed an additional storey for each 4.27 m. (14 ft.) or fraction thereof.
STREET LINE means the boundary of a street or private road
- STREET, HIGHWAY or ROAD means all the area within the boundary lines of every road, street or right-of-way which is vested in the Province or the Town and used or intended for use by the general public for the passage of vehicles and includes any bridge over which any such road, street or right-of-way passes.
- STREET means all the area within the boundary lines of every road, street or right-of-way which is vested in the Province or the Town and used or intended for use by the general public for the passage of vehicles and includes any bridge over which any such road, street or right-of-way passes.
- STRUCTURAL ALTERATIONS means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, any change in the exterior dimensions of a structure, or any increase in the floor area of a structure.
- STRUCTURE means any construction, including a building, fixed to, supported by, or sunk into land or water, but excludes concrete and asphalt paving or similar surfacing and fencing and includes a swimming pool.
- STUDIO means a building or part thereof used for the study, or instruction on of any fine or commercial art including photography, music, visual arts, and commercial design or the sale of craft products.
- SUBDIVISION (SUBDIVIDE) means a severance, division, consolidation, or other re-configuration of a lots) or parcel(s) for the purpose of development and/or transfer of ownership.
- SUBDIVISION AGREEMENT means an agreement executed between the developer and the Town respecting the terms under which a subdivision may be carried out.
- SURVEY PLAN means an appropriately scaled drawing of survey details, certified by a professional land surveyor.
- SWIMMING POOL means any outdoor structure, basin, chamber, or tank used or which may be used for swimming, diving, or recreational bathing and having a depth of 0.91 m. (3 ft.) or more at any point and having a minimum surface area 10 sq. m. (108 sq. ft.).
## T
- TEMPORARY PERMIT means a permit for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
- TEMPORARY USE means any commercial or non-commercial facility or use of a parcel of land or structure which by its nature is not permanently established or has a limited duration and may include but not be limited to the following: yard sales, tents, awnings, lean-tos, kiosks, carts, prefabricated structures, sheds, moveable vehicles and moveable structures with or without chassis or wheels, and any other facility, structure, enclosure or device used or intended to be used for the temporary display or sale of retail goods, provision of services or sale of any food or beverage.
- TINY HOME means a single-detached dwelling unit not more than 55.7 sq. m. (600 sq. ft.) in floor area including loft floor area that is site built or prefabricated, permanently anchored to a foundation, and provided with permanent on-site services and/or connected to municipal services.
- TOURISM ESTABLISHMENT means an establishment that provides temporary accommodation for a guest for a continuous period of less than one month, and includes a building, structure or place in which accommodation or lodging, with or without food, is furnished for a price to travellers, such as a cabin, rental cottage, housekeeping unit, hotel, lodge, motel, inn, hostel, bed and breakfast establishment, resort, recreational vehicle, travel trailer park, recreational vehicle park, yurt, geodesic dome, bunkie, houseboat, short-term rental, camping cabin, and campground, but does not include a summer camp.
TOURISM INDUSTRY ACT means the Tourism Industry Act, R.S.P.E.I 1988, T-3.3, as amended from time to time.
- TOURIST ATTRACTION means the operation of one or more commercial tourist attractions which includes indoor and/or outdoor activities, structures, scenic attractions, and/or educational, scientific, natural, cultural, heritage or entertainment experiences. This use may include indoor and outdoor interpretive, display, and performance spaces.
TOWN means the area incorporated and known as the Town of Souris.
## U
- 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.
- UTILITY, PRIVATE means any person or corporation and the lessees, trustees, liquidators or receivers of any person or corporation who owns, operates, manages or controls, or is incorporated for the purpose of owning, operating, managing or controlling any plant or equipment:
- і) for the conveyance or transmission of telephone messages or internet services;
- ii) for the production, transmission, distribution or furnishing of electric energy; or
- їїї) for the provision of water or sewer service,
to or for that person or corporation and not to or for the public.
- UTILITY BUILDING means a building which houses stationary equipment for telephone, electric power, public water supply, or sewage services.
- UTILITY, PUBLIC means any person or corporation and the lessees, trustees, liquidators or receivers of any person or corporation who owns, operates, manages, or controls, or is incorporated for the purpose of owning,
## V
- VARIANCE means an authorized relaxation from the standards imposed by this Bylaw with respect to lot size or dimensions, setbacks, area or the height or size of a structure.
- VEHICLE means any motor vehicle, trailer, boat, motorized snow vehicle, mechanical equipment and any vehicle drawn, propelled, or driven by any kind of power, including muscular power.
## W
- WAREHOUSE means a building used for the storage and distribution of goods, wares, merchandise, substances, or articles and may include facilities for a wholesale or retail commercial outlet but shall not include facilities for a truck or transport terminal or yard.
- WATER WELL REGULATIONS means the Water Well Regulations made under the Environmental Protection Act, as amended from time to time.
- WATERCOURSE AND WETLAND PROTECTION REGULATIONS means the Watercourse and Wetland Protection Regulations made under the Environmental Protection Act, as amended from time to time.
- WATERCOURSE means an area which has a sediment bed and may or may not contain water, and without limiting the generality of the foregoing, includes the full length and width of the sediment bed, bank, and shore of any water therein, and any part thereof, up to and including the watercourse boundary.
WATERCOURSE BOUNDARY means:
in a non-tidal watercourse, the edge of the sediment bed; and
- in a tidal watercourse, the top of the bank of the watercourse and where there is no discernable bank, means the mean highwater mark of the watercourse.
- WELL CONSTRUCTION REGULATIONS means the Water Act Well Construction Regulations adopted pursuant to the Water Act, as amended from time to time.
- WETLAND means an area which contains hydric soil, aquatic or water-tolerant vegetation, and may or may not contain water, and includes any water therein and everything up to and including the wetland boundary, and without limiting the generality of the foregoing, includes any area identified in the Prince Edward Island wetland inventory as open water, deep marsh, shallow marsh, salt marsh, seasonally flooded flats, brackish marsh, a shrub swamp, a wooded swamp, a bog or a meadow.
- WETLAND BOUNDARY means where the vegetation in a wetland changes from aquatic or water-tolerant vegetation to terrestrial vegetation or water-intolerant vegetation.
## Y
- YARD means an open, uncovered space on a lot appurtenant to a building and unoccupied by structures except as specifically permitted in this Bylaw and
FRONT YARD means a yard extending fully across a lot between the front lot line and the nearest point of the
operating, managing or controlling any plant or equipment either directly or indirectly, to or for the public,
- i) for the conveyance or transmission of telephone messages or internet services;
2. ii) for the production, transmission, distribution or furnishing of electric energy; or
3. ili) for the provision of water or sewer service.
main wall of any main building on the lot. The 'minimum front yard' is measured at the minimum yard depth as required under this Bylaw.
- REAR YARD means a yard extending fully across a lot between the rear lot line and the nearest point of the main wall of any main building on the lot. The 'minimum rear yard' is measured at the minimum yard depth as required under this Bylaw.
- SIDE YARD means a yard extending between the front and rear yards and the nearest point of the main wall of any main building on the lot. The 'minimum side yard' is measured at the minimum yard depth as required under this Bylaw.
- FLANKAGE YARD means the side yard of a corner lot extending from the front yard to the rear yard and between the flankage lot line and the nearest point on the main wall of any main building on the lot. The 'minimum flankage yard' is measured at the minimum yard depth as required under this Bylaw. Where a minimum flankage yard is not separately specified, the 'minimum side yard' shall also apply to a flankage yard.
Figure 11 - Yard Types
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YURT means a structure used for temporary human habitation, consisting of a frame covered by natural or synthetic materials, and approved pursuant to the Tourism Industry Act and Regulations, or any successor legislation.
## Z
- ZONE means a designated area of land shown on the Zoning Map of the Bylaw within which land uses are restricted to those specified by this Bylaw.
- ZONING MAP means the map included as Schedule A to this Bylaw or as amended from time to time, depicting the boundaries of all land use zones.
## SCHEDULE A | ZONING MAP
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## SCHEDULE B PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS
Notwithstanding any provisions of this Bylaw, the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act R.S.P.E.I. 1988, c. P-8, as amended from time to time, apply in the Town of Souris. The Province-Wide Minimum Development Standards Regulations are included for information and reference purposes only.
NOTE: This Schedule is not the official version of these regulations and these regulations may be amended after the enactment of this Bylaw.
## PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to November 19, 2011. It is intended for information and reference purposes only.
This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations.
For more information concerning the history of these regulations, please see the Table of Regulations
on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca
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## PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS
Pursuant to clause 7(1)(c) of the Planning Act R.S.P.E.I. 1988, Cap. P-8, Council made the following regulations:
## 1. "authority having jurisdiction", defined
- (1) In these regulations "authority having jurisdiction" means the Minister responsible for the Planning Act R.S.P.E.I. 1988, Cap. P-8, or in the case of a municipality with an official plan and bylaws, the municipal council.
## Idem, existing definitions
- (2) Vords and expressions defined in section 1 of the Planning Act Subdivision an evelopment Regulations have the same meaning when used in these regulations. (EC703/9.
## 2. Application
These regulations apply to all areas of the province. (EC703/95)
## Lot size
Revoked by EC41/96.
## Residential
- (1) No approval or permit shall be granted for the subdivision of a lot for residential use unless the lot conforms with the minimum lot size standards set out in Table 1.
## Location
- (2) he area encompassed by the required minimum circle diameter as set out in Table 1 an able 2 shall be located on the lot such that it will accommodate an on-site sewage dispos system.
## Reduced size
- (3) Votwithstanding the minimum lot size standards set out in Table 1 and Table 2, for infilling purposes, a lot may be reduced to a minimum of 10,000 sq. ft. / 929 sq. m. provided that
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- (a) it is serviced by an on-site water supply system and a central sewerage system; and
- (b) only one additional lot from the existing parcel is created by any proposed subdivision.
- (4) Notwithstanding the minimum circle diameter requirements set out in column (f) of Table 1
- lot are ecs Canes toad and in an ed of ail anso sland of table? respectively;
- (c) a circle with a minimum diameter of 125 ft./38.1 m. will fit within the boundaries of the lot; and
- (d) there is no practical alterative to increasing the size of the property to permit compliance with the circle diameter requirement. (EC703/95; 41/96; 694/00; 552/11)
## 5. Non-residential
- (1) o approval or permit shall be issued to subdivide a lot for non-residential use unless i onformity with the minimum lot size standards set out in Table
## Exception
- (2) Notwithstanding subsection (1),
2. (a) where a lot is intended for any non-residential use where water and sewage services are not required for the proposed development, the Minister may approve an
3. (b) where an approval or permit has been granted by an authority having jurisdiction persage sum sion only be granted in accordance with the standards set our in
## 6. Categories of lots
Every lot on a plan of subdivision shall be categorized in accordance with the following site suitability standards:
- (a) Category I, where
- (i) the depth of permeable natural soil is 2 ft. (0.61 m.) or greater,
- the depth to the maximum groundwater elevation is 4 f. (1.22 m.) or greater;
- (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
- (b) Category II, where
- (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
- (i) the depth of permeable natural soil is greater than 1 ft. (0.3 m.), but less than 2 ft. (0.61 m.),
- (iii) the depth to the maximum groundwater elevation is 4 fl. (1.22 m.) or greater,
- (c) Category III, where
- (i) the depth of permeable natural soil is 1 ft. (0.3 m.) or greater,
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- (ii) the depth to bedrock is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.),
- (iii) the depth to the maximum groundwater elevation is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.);
- (d) Category IV, where
- (i) the lot has a depth of permeable natural soil of less than 1 ft. (0.3 m.),
- (il) the depth to bedrock is greater than 1 ft. (0.3 m.), and
- (iii) the depth of the maximum groundwater elevation is greater than 2 ft. (0.61
- (e) Category V, where
- (i) the depth to bedrock is less than 1 ft. (0.3 m.), and
- (ii) the depth to the maximum ground water elevation is greater than 2 ft. (0.61 m.). (EC703/95; 694/00; 552/11)
## 7. Upgrade
Revoked by (EC694/00).
## Application
The minimum lot size standards set in Tables 1 and 2 do not apply to subdivisions approved prior to October 14, 1995. (EC703/95; 552/11)
## 9. Minor variance
- (1) The authority having jurisdiction may, for special cause, authorize such minor variance from the provisions of these regulations as, in its opinion, is desirable and not inconsistent with th general intent and purpose of these regulations
## Variance, public utility use
- (2) Notwithstanding any other provisions of these regulations, where a lot is designed for use by a public or a private utility, the authority having jurisdiction may authorize a variance from the provisions of these regulations as, in its opinion, is desirable. (EC703/95; 552/11)
## MINIMUM HIGHWAY ACCESS
## 10. Minimum highway access standards
- (1) The Roads Act Highway Access Regulations shall constitute the Minimum Highway Access Standards.
## Entrance way permit
- (2)
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TABLE 1 MINIMUM LOT SIZE STANDARDS:
## RESIDENTIAL LOTS
| (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Number of Dwelling Units | (e) Minimum Lot Area sq. ft. / sq. m. | (f) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot - feet / metres |
|---------------------------------------------------------|--------------------|-------------------------------------------------------------------------------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|
| on-site water supply and on-site sewage disposal system | | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is one interior street) | 1 4 more than | 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. /3,717 sq. m. 40,000 sq. ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 150 ft. / 45.7 m. 160 ft. / 48.8 m 175ft. / 53.3 m. 200 ft. / 61 m. 200 ft. / 61 m. |
| on-site water supply and on-site sewage disposal system | | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 ~M 4 more than | 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 50,000 sq. ft. / 4,645 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 175ft. / 53.3 m. 200 ft. / 61 m. 225 ft. / 68.6 m. 250 ft. / 76.2 m. 250 ft. / 76.2 m. |
| on-site water supply and on-site sewage disposal system | | 100 feet / 30.5 metres (or 50 feet /15.25 metres, where the frontage is contenterior street) | 1 2 more than | 51,000 sq. ft. / 4,738 sq. m. 56,000 sq. ft. / 5,202 sq. m. 61,000 sq. ft. / 5,667 sq. m. 66,000 sq. ft. / 6,131 sq. m. 66,000 sq. ft. / 6,131 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 225 ft. 68.6 m. 250 ft. /76.2 m. 275 ft. / 83.8 m. 300ft. / 91.4 m. 300ft. /91.4 m |
| on-site water supply and on-site sewage system | | 100 feet / 30.5 metres for 50 feet / 15.25 metres, where the ontage is c street) | 4 more than | 75,000 sq.ft. / 6,975 sq.m. 80,000 sq.ft. / 7,440 sq.m. 85,000 sq.ft. / 7,905 sq.m. 90,000 sq.ft. / 8,370 sq.m. 90,000 sq. ft. / 8,370 sq.m., plus 1,500 sq.ft. / 457 sq.m. for each additional unit | 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | V | N/A | N/A | not developable | N/A |
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Updated November 19, 2011
Page 7
| (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Number of Dwelling Units | (e) Minimum Lot Area sq. ft. / sq. m. | (f) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot -feet/ metres |
|---------------------------------------------------------|--------------------|----------------------------|--------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------|
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | 2 3 4 more than | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each | 125ft. / 38.1 m. 150ft. / /45.7 m. 160 ft. / 48.8 m. 175ft. / 53.3 m. 175ft. / 53.3 m. |
| central water supplyand on-site sewage disposal system | | 50 feet / 15.25 metres | 1 2 more than | 25,000 sa. 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., plu 1,500 sq. ft. / 457 sq. m. for eac additional unit | 150ft. / 45.7 m. 160ft. / 48.8 m. 175ft. / 53.3 m. 200ft. / 61 m. 200 ft. / 61 m. |
| central water supply and on-site sewage disposal system | III | 50 feet / 15.25 metres | 2 4 more than | 40,000 sq. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 55,000 sq. ft. / 5,110 sq. m. 55,000 sq. ft. / 5,110 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 200ft. / 61m. 225ft. / 68.6 m. 250ft. /76.2 m. 275ft. / 83.8 m 275ft. / /83.8 m |
| central water supplyand on-site sewage disposal system | IV | 50 feet / 15.25 metres | 1 2 3 more than | 60,000 sq. ft. / 5,580 sq. m. 65,000 sq. ft. / 6,450.5 sq. m. 70,000 sq. ft. / 6,510 sq. m. 75,000 sq. ft. / 6,975 sq. m. 75,000 sq. ft. / 6,975 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 275ft. / 83.8 m. |
| central water supplyand on-site sewage disposal system | V | N/A | N/A | not developable | N/A |
| on-site water supplyand central waste treatment system | lorll | 50 feet / 15.25 metres | 1 2 3 4 more than | 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. 125ft. / 38.1 m. 150 ft. / 45.7 m. 160 ft. / 48.8 m. 160ft. / /48.8 m. |
| on-site water supply and central waste treatment system | #II | 50 feet / 15.25 metres | more than | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. additional unit | 125ft. / 38.1 m. 150ft. / 45.7 m. 160ft. / 48.8 m 175ft. / 53.3 m. 175ft. / 53.3 m. |
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| (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Number of Dwelling Units | (e) Minimum Lot Area sq. ft. / sq. m. | (f Minimum Circle Diameter to be Contained Within the Boundaries of the Lot - feet / metres |
|--------------------------------------------------|--------------------|----------------------------|--------------------------------|-----------------------------------------|-----------------------------------------------------------------------------------------------|
| central water supply and waste treatment systems | 1, ll, or llI | n/a | any number | as determined bythe Minister | as determined by the Minister |
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(EC542/87; 703/95; 694/00; 552/11)
## TABLE 2
## MINIMUM LOT SIZE STANDARDS:
## NON-RESIDENTIAL LOTS
| (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Minimum Lot Area | (e) Minimum Circle Diameter to be Contained Within the Boundaries of the Lot - feet/metres |
|---------------------------------------------------------|--------------------|-------------------------------------------------------------------------------------------------------------|---------------------------------|----------------------------------------------------------------------------------------------|
| on-site water supply and on-site sewage disposal system | | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 25,000 sq. ft. / ,322.5 sq. m | 150ff. / 45.7 m. |
| on-site water supply and on-site sewage disposal system | | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 35,000 sq. ft. / 3,251.5 sq. m. | 175ft. / 53.3 m. |
| on-site water supply and on-site sewage disposal system | III | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 51,000 sq. ft. / 4,738 sq. m. | 225ft. / 68.6 m. |
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | 20,000 sq. ft. / 1,858 sq. m. | 125ft. / 38.1 m. |
| central water supply and on-site sewage disposal system | | 50 feet / 15.25 metres | 25,000 sq. ft. ,322.5 sq. m | 150ft. /45.7 m. |
| central water upply and on-sit ewage disposa system | IlI | 50 feet / 15.25 metres | 35,000 sq. ft. / 3,251.5 sq. m. | 175ft. / 53.3 m. |
| on-site water supply and central waste treatment system | 1, ll or ill | 50 feet / 15.25 metres | 15,000 sq. ft. / 1,393.5 sq. m. | 100ft. / 30.5m. |
| central water supply and waste treatment systems | 1, ll or lIl | n/a | as determined by the Minister | as determined by the Minister |
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## SCHEDULE C | SCHEDULE OF FEES
Last revised: February 12, 2024
| Application Type | Fee |
|---------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------|
| Residential: New building, addition, or renovation | $200 per unit |
| Accessory Structures: Up to 20.4 sq. m. (220 sq. ft.) (including but not limited to small storage sheds, decks, and pools) Over 20.4 sq. m. (220 sq ft) | $50 $100 |
| Commercial, Industrial, and Institutional New building $500 Addition or renovation | | $250 |
| General Fees Change of Use Demolition Permits obtained after work has started Zoning Inquiry Variance | $50 $50 $200 or double the permit fee, whichever is greater $50 | $100 + public meeting costs where applicable* |
| Subdivision Up to 5 lots Over 5 lots | $250 $250 for first five lots + $25 per additional lot |
| Official Plan and Bylaw amendments, including rezoning | $250 + public meeting costs* |
Refunds: all fees are non-refundable.
## SCHEDULE D I WELLFIELD PROTECTION AND ENVIRONMENTAL RESERVE OVERLAYS
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NOTE: In the event of a conflict between the underlying zones on this map and those of the Zoning Map in Schedule A, those of Schedule A shall prevail.
## SCHEDULE E | WELLFIELD PROTECTION STANDARDS
| | WELLFIELD PROTECTION | WELLFIELD PROTECTION WELLFIELD PROTECTION | |
|-------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|
| LAND USE ACTIVITY | ZONE A (WPA) (250 DAY) | ZONE B (WPB) (5 YEAR) | ZONE C (WPC) (25 YEARS) |
| LIVESTOCK OPERATION | Pasturing of animals at existing operations Permitted with controls on animal densities. | Pasturing of animals at existing operations permitted with controls on animal densities. | Pasturing of animals at existing operations permitted with controls on animal densities. |
| FERTILIZER (INCLUDING MANURE APPLICATION) | Not permitted. | Application allowed according to an approved nutrient management plan. | Application allowed according to an approved nutrient management plan. |
| MANURE STORAGE | No new storage permitted. Existing storage operations not to increase in volume and to be upgraded to current standards. | Storage permitted if it is stored in a clay- lined pit, a steel or concrete structure, or some other government approved containment system. | Storage permitted if it is stored in a clay-lined pit a steel or concrete structure, or some other government approved containment system. |
| MANURE DISPOSAL | Not permitted. | Not permitted | Not permitted |
| PESTICIDE STORAGE | Not permitted. | Storage allowed in a contained area of up to 15 kg or a total volume of 15L. whichever is less. | Storage allowed in a contained area up to 50 kg or a total volume of 50l. Whichever is less. |
| PESTICIDE APPLICATION | Not permitted. | Application allowed as part of an IPM approach. Restrictions on use of some products. | Application allowed as part of an ipm approach. Restrictions on use of some products. |
| NON-AGRICULTURAL LAND USES | NON-AGRICULTURAL LAND USES | NON-AGRICULTURAL LAND USES | NON-AGRICULTURAL LAND USES |
| NEW RESIDENTIAL DEVELOPMENT | Single family unit development allowed with provisions including but not limited to: must be fully serviced for water and wastewater, must not use oil heat, and must meet all municipal development | Single-detached unit and multiple unit dwellings allowed with provisions, including but not limited to: must be fully serviced for water and wastewater, and must meet all municipal development standards. | Single-detached unit and multiple unit dwellings allowed with provisions including but not limited to: must meet all municipal development criteria. |
| LAND USE ACTIVITY | WELLFIELD PROTECTION ZONE A (WPA) (250 DAY) | WELLFIELD PROTECTION ZONE B (WPB) (5 YEAR) | WELLFIELD PROTECTION ZONE C (WPC) (25 YEARS) |
|----------------------------|-----------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| NEW COMMERCIAL DEVELOPMENT | No new development. | Development allowed at the discretion of Council with provisions including but not limited to: must be fully serviced for water and wastewater, must include a stormwater management plan, all wastes must be disposed of outside of the wellfield protection zones, and must meet all municipal development criteria. Development not permitted: - Any development or activity that requires the use of Dense, Non- aqueous Phase Liquids | Development allowed at the discretion of council with provisions including but not limited to: must include a stormwater management plan, all wastes must be disposed of outside of the wellfield protection zones, and must meet all municipal development criteria. Development not permitted: - any development or activity that requires the use of dense, non- aqueous phase liquids (DNAPLS)* |
| NEW INDUSTRIAL DEVELOPMENT | No new development. | Development allowed at the discretion of Council with provisions including but not limited to: must be fully serviced for water and wastewater, must include a stormwater management plan, and must meet all municipal development criteria Development not permitted: - Any development or activity that requires the use of Dense, Non- | Development allowed at the discretion of council with provisions including but not limited to: must be fully serviced for water and wastewater and include a stormwater management plan, and must meet all municipal development criteria. Development not permitted: - Any development or activity that requires the use of dense, non- |
| | WELLFIELD PROTECTION | WELLFIELD PROTECTION | WELLFIELD PROTECTION |
|------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| LAND USE ACTIVITY | ZONE A (WPA) (250 DAY) | ZONE B (WPB) (5 YEAR) | ZONE C (WPC) (25 YEARS) |
| PESTICIDESTORAGE AND APPLICATION | Not permitted. Can apply pesticides using manufacturer recommended amounts and concentrations amounts and concentrations provided that pesticide | Storage allowed in a contained area up to a total weight of 10kg or a total less. | Storage allowed in a contained area up to a total weight of 15kg or a total volume of 10L, whichever is volume of 15l, whichever is less. Can apply pesticides using manufacturer recommended provided that pesticide |
| FERTILIZER STORAGE AND APPLICATION | Can do routine gardening and lawn maintenance, including composting for residential purposes. | Storage of up to 75kg in total weight or 75L in total volume, whichever is less, allowed in a contained area. | Storage of up to 75kg in total weight or 75l in total volume, whichever is less, allowed in a contained area. |
| | | Can apply lawn fertilizer (other than animal manure) between April 1 and October 31, at a rate not exceeding 75 kg in total weight or 75L in total volume, whichever is less, per hectare per year. | Can apply lawn fertilizer (other than animal manure) between April 1 and October 31, at a rate not exceeding 75kg in totaL |
| | | Can store fertilizers (other than animal manure) up to less. | Can store fertilizers (other than animal manure) up to 75kg in total weight or 75l |
| | | 75kg in total weight or 75L | in total volume, whichever is in total volume, whichever is less. |
| | | Can apply packaged, | weight or 75l in total volume, whichever is less, per hectare per year. |
| | | containers are disposed of outside of the wellfield | containers are disposed of outside of the wellfield |
| | | | protection zones. |
| | | protection zones. | |
| | | | not contain pathogens. |
| | | not contain pathogens. | |
| | | | compost products that do |
| | | compost products that do | |
| | | manufactured, or processed | |
| manufactured, or processed | manufactured, or processed | manufactured, or processed | manufactured, or processed |
| | | Can apply packaged, | Can apply packaged, |
| LAND USE ACTIVITY | WELLFIELD PROTECTION ZONE A (WPA) (250 DAY) | WELLFIELD PROTECTION ZONE B (WPB) (5 YEAR) | WELLFIELD PROTECTION ZONE C (WPC) (25 YEARS) |
|---------------------------|---------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------|
| RECREATIONAL ACTIVITIES | Allowed with provisions as determined by Council. | Allowed | Allowed |
| BULK SALT STORAGE | Not permitted | Not permitted | Not permitted |
| BULK STORAGE OF PETROLEUM | No new underground tanks permitted. Existing tanks must be inside and/or provide secondary containment. | No new underground tanks permitted. Existing tanks must be inside and/or provide secondary containment. | Bulk fuel storage and/or new underground tanks not permitted. Existing tanks allowed, but must be inside and/or provide secondary containment. |
| ROAD SALT APPLICATION | Not permitted | Not permitted | Not permitted |
| CEMETERY | No new cemeteries permitted. | No new cemeteries permitted. | No new cemeteries permitted. |
| EXCAVATION PITS | Not permitted | Not permitted | Not permitted |
## SCHEDULE F | WIND ENERGY SYSTEMS STANDARDS
For the purpose of this schedule, the following definitions shall apply:
BEHIND THE METER means 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.
OFF-GRID means a stand-alone generating system not connected to or in any way dependent on the utility grid.
ON-SITE WIND ENERGY SYSTEM (OWES) means a 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.
SMALL OWES means a wind energy system, which has a rated name plate capacity of up to 100 KW.
LARGE OWES means a wind energy system which has a rated name plate capacity 100 KW or more but less than 1 MW.
TOTAL SYSTEM HEIGHT means the height from ground level to the top of the rotor at its highest point.
TURBINE means the parts of a wind system including the rotor, generator and tail.
WIND ENERGY SYSTEM (WES) means a system consisting of a wind turbine, a tower, guy wires and associated control or conversion electronics to convert wind mechanical energy to electricity.
WIND TURBINE TOWER means the guyed or freestanding structure that supports a wind turbine generator.
## DEVELOPMENT PERMITS AND AGREEMENTS
- 1) Any development permit issued for the establishment of an OWES shall be subject to a development agreement in accordance with the requirements of section 3.13 of this Bylaw. This agreement shall be a contract binding on both parties, containing all conditions which were attached to the development permit, as well as any other matters identified pursuant to subsection (2).
2. Prior to the issuance of a development permit for a small OWES (up to 100 KW in capacity), Council shall ensure that:
- a) the development does not cause any hardship to surrounding property owners due to excessive noise, safety issues, traffic congestion or any other potential disturbance;
- b) the development is deemed appropriate and complements the scale of any existing development;
- c) ensure that written notice is provided to all property owners wholly or partially within 200 m. (600 ft.) of the subject OWES providing details of the proposed development and inviting them to provide their comments; and
- d) all other relevant provisions of this Bylaw and applicable provincial or national regulations shall be met.
## SHARED WIND ENERGY SYSTEMS
- 3) A large OWES shared by multiple landowners in an industrial zone may be permitted subject to meeting the requirements of subsection (2) above.
## SETBACKS
- 4) The turbine base shall be no closer to the property line or street than three times the height of the wind turbine.
- 5) Any OWES shall be located at a distance of at least 3 times the total system height from any habitable buildings.
- 6) Any large OWES shall be located a distance of at least 1 km from any residential use.
4. Council may waive setback requirements from adjacent properties if they are party to a shared OWES on an industrial parcel.
- 8) In addition to satisfying the minimum setback requirement noted above, the minimum distance of a freestanding wind turbine from a dwelling shall meet the setback requirements for the noise generated (see subsection (15) below).
## NOISE
- 9) 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.
- 10) 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.
## NUMBER OF TURBINES
- 11) A maximum of one OWES per property is permitted.
## COMPLIANCE WITH NATIONAL STANDARD
- 12) Permit applications for small wind energy systems (OWES) shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings, anchoring method and drawn to scale. An engineering analysis of the wind turbine tower showing compliance with the National 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.
- 13) 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.
- 14) Development 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.
## UTILITY NOTIFICATION
- 15) 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.
- 16) 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.
## ABANDONMENT OR DECOMMISSIONING
- 17) 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.
## APPLICATION REQUIREMENTS
- 18) Applications shall contain the following information:
- a) the applicant's and property owner's name, address and phone number;
- b) a site plan to scale showing property lines, easements, setback lines and layout of all structures on the lot as certified by a professional land surveyor;
- c) 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 professional land surveyor;
- d) standard drawings, to scale, of the structural components of the OWES, including structures, pole or tower, base, footings, guy lines where required, and guy line anchor bases;
- e) the drawing shall include the distance of these components from all property as certified by a professional land surveyor;
- f) the height and location of any structure over 10.7 m. (35 ft.) within a 153 m. (500 ft.) radius on-site or off-site of the proposed WES as certified by professional land surveyor;
- g) certification from a professional engineer that the rotor and overspeed control has been designed for the proposed use on the proposed site;
- h) a copy of letters notifying in writing all property owners within 200 m. (600 ft.) of the proposed OWES; and
- i) a decommissioning plan.
## HEIGHT
- the ground. 19) The minimum height of the lowest position of the WES blade shall be at least 7.62 m. (25 ft.) for WES above
## APPEARANCE
- 20) Lighting of the facility shall be prohibited, unless required by Transport Canada;
- 21) 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 sq. m. (0.25 sq. ft.);
- 22) 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 be nonreflective and unobtrusive.
## CERTIFICATION AND DESIGN
- 23) The WES shall be designed and installed in accordance with CSA standards;
- 24) The safety of the design and installation of all WES towers shall be certified by a professional engineer;
- 25) AII 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 shall certify that the rotor and overspeed control design and fabrication conform to proper engineering practices;
- 26) The WES shall be designed and installed to withstand natural lighting strikes as certified by a professional engineer.
## APPROVALS
- 27) 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.
- 28) Final approval of the WES shall only be granted after successful inspection by a professional engineer. Only then shall the applicant proceed to operate the WES.
## SEVERABILITY
- 29) If any provision of this Schedule is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
## SCHEDULE G | SITE-SPECIFIC AMENDMENTS
The following properties have been subject to a site-specific amendment to the permitted uses or standards by way of an amendment to a zone for a particular property or properties, including properties with identified uses permitted by site-specific amendment during the development of this Bylaw. The expansion or intensification of the below-noted uses or standards shall not be permitted except through a further site-specific amendment or where permitted through a development agreement.
| Zone | PID | Civic Address | Use | Regulation | Effective Date |
|-----------------|---------|-----------------|-----------------------------|--------------|------------------------------|
| M1 - Industrial | 1032432 | 24 Hope Street | 65m high wind energy system | 11.4(1)(a) | Effective Date of this Bylaw |