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Zoning & Subdivision Control Bylaw
All rights reserved, 2024
Table of Contents
1.
Preamble + Interpretation
1
1.1.
Title
1
1.2.
Authority
1
1.3.
Planning Area
1
1.4.
Scope
1
1.5.
Certain Words
1
1.6.
Conflict
2
1.7.
Defined Terms
2
1.8.
Units of Measurement
2
1.9.
Severability
2
2. Development Zones
3
2.1.
Development Zones
3
2.2.
Interpretation of Zone Boundaries
3
2.3.
Appendices
4
2.4.
Permitted Uses
4
3. Administration
5
3.1.
Development Approval
5
3.2.
Compliance with Bylaw
5
3.3.
Other Approvals
5
3.4.
Development Officer
5
3.5.
Denying Permits
6
3.6.
Demolition or Moving Permits
6
3.7.
Development Permit Application
7
3.8.
Payment of Fees
7
3.9.
Development Permit
7
3.10. Conditions on Permits
7
3.11.
Special Permitted Uses
7
3.12. Development Agreements
9
3.13. Site Plan
9
3.14. Drainage Plan
9
3.15. Other Information
10
3.16. Develop in Accordance with Application
11
3.17. Authorization for Inspection
11
3.18. Permits Posted
11
3.19. Specialized Fire Services
11
3.20. Temporary Uses, Buildings and Structures
11
3.21. Appeals
12
4. General Provisions for All Zones
14
4.1.
Existing Non-conforming Buildings and Structures
14
4.2.
Existing Non-conforming Lots
14
4.3.
Existing Non-conforming Uses
15
4.4.
Accessory Uses and Structures
15
4.5.
Mixed Use
16
4.6.
Lot Frontage
16
4.7.
Access and Entrance ways
17
4.8.
Setback Encroachments
18
4.9.
Height Exemptions
18
4.10. Conformity with Existing Adjacent Setbacks
18
4.11.
Intersection Triangle
18
4.12. Servicing
18
4.13. Light Pollution.
19
4.14. Swimming Pools
20
4.15. Automobile Parking
20
4.16. Bicycle Parking
21
5. Use Specific Regulations
22
5.1.
Wind Turbines
22
5.2.
Solar Collectors
22
5.3.
Electric Vehicle Charging
22
5.4.
Farm, Fish, and Forest Stalls
22
5.5.
Fowl and Rabbits
23
5.6.
Beekeeping
23
5.7.
Livestock
23
5.8.
Community Gardens
23
5.9.
Vending
24
5.10. Petroleum Storage
24
5.11.
Vehicle Bodies
24
5.12. Utilities and Public Uses
24
5.13. Cemeteries
24
5.14. Accessory Dwellings
24
5.15. Residential Facilities
25
5.16. Personal Office or Studio
25
5.17. Instruction of Two Students at a Time
25
5.18. Home-based businesses
25
5.19. Short-term Rentals
25
5.20. Outdoor Storage and Display
26
5.21. Drive-throughs
26
6. Land Use Zones
27
6.1.
General Residential Zone (R1)
27
6.2.
Single-Unit Residential Zone (SR)
30
6.3.
Commercial Zone (C)
32
6.4.
Central Core Zone (CC)
34
6.5.
Light Industrial Zone (M)
36
6.6.
Agricultural Zone (A)
38
6.7.
Recreation & Public Open Space Zone (P)
40
6.8.
Public Service & Institutional Zone (PSI)
42
6.9.
Environmental Reserve Overlay Zone
43
6.10. Wellfield Protection Overlay Zone
44
7. Variances
45
7.1.
Variances
45
8. Special Permitted Uses
46
8.1.
Major Residential Development
46
8.2.
Changes to Subdivision Agreements
46
8.3.
Commercial Development
46
8.4.
Home-based businesses
47
8.5.
Light Industrial Development
47
8.6.
Intensive Livestock Operations
47
8.7.
On-site Animal Processing
47
8.8.
Places of Worship
48
8.9.
Grouped Dwellings
48
9. General Provisions for Subdividing Land
49
9.1.
Subdivision Approval
49
9.2.
Conveying Interest in a Lot
49
9.3.
Permission to Subdivide
49
9.4.
Procedure
49
9.5.
Parkland Dedication and / or Fee
51
9.6.
Servicing
51
9.7.
Public Accesses
51
9.8.
Subdivision Agreement
51
9.9.
Final Approval
52
9.10. Severances / Consolidation
52
9.11.
Development Permits
52
9.12. Rescinding or Altering Approval
53
10.Penalties
54
10.1. Penalties
54
11.Repeal
55
11.1.
Effective Date
55
11.2.
Repeal
55
12.Official Plan and Bylaw Amendments
56
12.1. Amendment Applications
56
12.2. Amendment Procedures
56
12.3. Public Meeting Requirements
57
12.4. Zoning and Future Land Use Map Revisions
58
13.Definitions
59
14.Appendices
73
14.1. Appendix A: Zoning Maps
73
14.2. Appendix B: Parking Guidelines
76
14.3. Appendix C: Fee Schedule
77
14.5. Appendix D: Design Guidelines
78
1.
Preamble + Interpretation
1.1.
Title
1.1.1. This Bylaw shall be known and may be cited as the Rural Municipality of Victoria Zoning and
Subdivision Control Bylaw, or the "Development Bylaw" for short.
1.2.
Authority
1.2.1. This Bylaw is enacted under the authority of the Planning Act, R.S.P.E.I. 1988, c.4, s.16..
1.3.
Planning Area
1.3.1. This Bylaw applies to the geographical area within which the Rural Municipality of Victoria has
jurisdiction.
1.4.
Scope
1.4.1. No dwelling, business, trade, or industry shall be located, nor shall any building or structure be
erected, altered, used or have its use changed, nor shall any land be developed, subdivided,
consolidated, or used in the Municipality, except in conformity with this Bylaw and subject to the
provisions contained herein.
1.5.
Certain Words
1.5.1. In this Bylaw:
(a)
words used in the present tense include future;
(b)
words in the singular number include the plural;
(c)
the word "shall" is mandatory and not permissive; and
(d)
gendered words shall be interpreted to mean any gender.
1.6.
Conflict
1.6.1. In the case of any conflict between the text of this Bylaw and any maps or drawings used
to illustrate any aspect of this Bylaw, the text shall take priority.
1.6.2. In the case of any conflict between a number written in numerals and a number written in
letters, the number written in numerals shall take priority.
1.7.
Defined Terms
1.7.1. In this Bylaw, italicized words shall carry the defined meaning set forth in Chapter 13,
Definitions. Words that are defined in Chapter 13 but are not italicized when used in the Bylaw
carry their ordinary meaning.
1.8.
Units of Measurement
1.8.1. This Bylaw uses the metric system of measurement. Conversions to imperial measurements
are often noted; however, these are for convenience only and measurements in metric shall
take precedence.
1.9.
Severability
1.9.1. If any provision of this Bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision shall not affect the validity of the remaining portions of this Bylaw.
2. Development Zones
2.1.
Development Zones
2.1.1. For the purpose of this Bylaw, the Municipality is divided into the following development zones, the
boundaries of which are shown in Appendix A, the Zoning Maps. Such zones may be referred to
by the following symbols.
Zone
Symbol
General Residential
R1
Single-Unit Residential
SR
Commercial
C
Central Core
CC
Light Industrial
M
Agricultural
A
Recreation & Public Open Space
P
Public Service & Institutional
PSI
Special Overlay Zones
Environmental Reserve
O2
Wellfield Protection
WP
2.2.
Interpretation of Zone Boundaries
2.2.1. The extent and boundaries of zones are shown in Appendix A, the Zoning Maps, of this Bylaw
and the appropriate provisions of this Bylaw shall apply to each zone. Boundaries between zones
shall be determined as follows:
(a)
where a zone boundary is indicated as following a survey line as recorded at
the Registry of Deeds, the boundary shall follow that line;
(b)
where a zone boundary is indicated as following a street, road, highway, or private
right-of-way, the centreline of the street, road, highway or private right-of-way shall
be the boundary unless otherwise indicated;
(c)
where a zone boundary is indicated as following a utility right-of-way, the centreline
of the right-of-way shall be the boundary unless otherwise indicated;
(d)
where the zone boundary is indicated as approximately following lot or property lines,
the boundary shall follow the lot or property lines;
(e)
where the zone boundary is indicated as following the shoreline of a river,
watercourse, lake or salt water body, the mean high-water mark shall be the boundary;
(f)
The Zone boundaries for the Environmental Reserve Overlay Zone shall be the area in
or on a Watercourse or Wetland and the area within 15 m. (49.2 ft.) of a Wetland
Boundary or a Watercourse Boundary, as designated or determined by the Province's
department responsible for the Environmental Protection Act.
(g)
where the zone boundary is indicated as following the limits of the Municipality,
the limits shall be the boundary; and
(h)
where none of the above provisions apply, the Development Officer shall scale the
zone boundary from the zoning map.
2.2.2. 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;
2.3.
Appendices
2.3.1. All appendices attached to this Bylaw form a part of this Bylaw.
2.3.2. Appendix A shall be cited as the "Zoning Maps".
2.4.
Permitted Uses
2.4.1. In this Bylaw any use not listed as a permitted use in a zone is prohibited in that zone
unless otherwise indicated.
3. Administration
3.1.
Development Approval
3.1.1. Unless otherwise stated in this Bylaw, no person shall undertake a development within the
Municipality without first obtaining a development permit from the Development Officer.
3.1.2. No building shall be moved into or within the area covered by this Bylaw without a
development permit and such other permits as may be required by law.
3.1.3. Unless otherwise stated in this Bylaw, no development permit shall be required for the
following developments:
(a)
Laying paving materials for patios or sidewalks.
(b)
Constructing fences of less than 1.83 metres (6 feet) in height.
(c)
Installing clothes lines, poles, and radio or television antennae (except ground-based
satellite dishes).
(d)
Making a garden for personal use.
(e)
Growing a crop or preparing land for a crop.
(f)
Farm, Fish, and Forest Stalls, subject to the requirements of section 5.4.1
(g)
Temporary crop and garden structures such as, but not limited to, cloches, cold
frames, row hoops, raised garden-bed boxes, and temporary greenhouses.
(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.
(i)
Making landscape improvements or constructing ornamental structures
or play structures of less than 5.95 square metres (64 square feet).
(j)
Constructing a dog house or dog run.
(k)
A development that involves the interior or exterior renovation of a building that will
not change the shape of the building or increase its volume, will not add more dwelling
units, or will not involve a change in use of the building;
(l)
Roof-mounted solar arrays subject to the following:
(i)
the solar photovoltaic or solar thermal equipment would not protrude more than
0.2 metres beyond the plane of the wall or the roof slope when measured
perpendicularly from the external surface;
(ii) it would not result in the highest part of the solar photovoltaic or solar thermal
equipment being higher than the highest part of the roof (excluding any
chimney);
(iii) the developer takes full responsibility for the roof truss system being able to
bear the weight of the solar collector installation; and
(iv) Compliance with all other applicable criteria defined in section 5.2;
(m) Public utilities located within the street right-of-way.
3.2.
Compliance with Bylaw
3.2.1. All development, including those for which no development permit is required, shall comply with
the requirements of this Bylaw.
3.3.
Other Approvals
3.3.1. Nothing in this Bylaw exempts any person from the requirement to obtain any permit, license,
permission, authority or approval required by any other regulations or laws in force, including
approvals required as a precondition to an authorization pursuant to this Bylaw.
3.4.
Development Officer
3.4.1. 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.
3.4.2. Notwithstanding the foregoing and except where otherwise specified in this Bylaw, a Development
Officer shall have the authority to approve or deny severances, lot consolidations, and
development permits in accordance with this Bylaw in all areas except for the following:
(a)
New public utility structures or existing utility structures wishing to expand.
(b)
Variances of more than five percent (5%).
(c)
Special Permitted uses.
(d)
The subdivision of four (4) or more lots from a parent parcel.
3.5.
Denying Permits
3.5.1. No development permit shall be issued for a proposed development if, following the submission of
all relevant information:
(a)
council approval has not been granted for any aspect of the development for which
this Bylaw requires Council approval;
(b)
the proposed development does not conform to the provisions of this Bylaw and/or any
development agreement applicable to this site;
(c)
the proposed development would contravene any bylaw, law, or federal or provincial
legislation in effect in the municipality;
(d)
the method or quantity of water supply is not appropriate;
(e)
the method of sanitary waste disposal is not appropriate;
(f)
there is no safe or efficient access to the street, highway, or road;
(g)
the proposed development could create a hazard to the general public, including
but not be limited to health or fire hazards, or hazards, injuries or damages arising
from excessive slope, water drainage run-off, and flooding ;
(h)
the proposed development would create unsafe traffic conditions; or
(i)
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.
3.6.
Demolition or Moving Permits
3.6.1. No building shall be demolished, or moved into, out of, or within the Municipality without a
development permit and such other permits as may be required by law.
3.6.2. 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
3.6.3. 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.
3.7.
Development Permit Application
3.7.1. Any person applying for a permit shall do so on a form prescribed by Council, and shall submit
the application and fee to the Municipal Administrative Office. The application will be forwarded to
the Development Officer.
3.7.2. Every application form shall be signed by the property owner, or an agent who furnishes proof
that they are authorized by the property owner, and shall be accompanied by an application fee in
accordance with the Appendix of Fees established or altered by Council resolution and annexed
hereto as Appendix C.
3.7.3. The Authority Having Jurisdiction shall notify the applicant, in writing, if the application is
incomplete or lacking in details, and shall indicate any additional information or documentation
required.
3.8.
Payment of Fees
3.8.1. 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 Development Officer and applicant.
3.9.
Development Permit
3.9.1. A development permit shall be issued once the Authority Having Jurisdiction is satisfied that the
proposed development conforms with all relevant provisions of this Bylaw, and any other relevant
bylaws.
3.9.2. A development permit shall only be issued upon receipt of the appropriate fee(s), as established
or altered by Council resolution and set out in Appendix C.
3.9.3. A development permit shall be valid for an eighteen-month period.
3.9.4. The Development Officer may revoke a development permit where information provided on
the application is found to be inaccurate or where the permit was issued in error.
3.10.
Conditions on Permits
3.10.1. The Authority Having Jurisdiction shall have the authority to impose conditions on a development
permit subject to such conditions being directly related to or consistent with bylaws of the
Municipality and the Official Plan.
3.11.
Special Permitted Uses
3.11.1. Special permitted uses represent exceptions to the "permitted uses" in each zone and shall be
subject to the approval of Council.
3.11.2. No development permit for a Special Permit Use shall be issued by Council unless:
(a)
the development and the conditions placed upon it are consistent with the criteria for
the applicable use as outlined in Chapter 8;
(b)
the development is consistent with all applicable requirements of this Bylaw necessary
for the issuance of a development permit, except where those requirements are
modified by the criteria of Chapter 8; and
(c)
property owners within 30 metres (98.4 feet) of the subject property are notified
in writing with the details of the proposed development and asked to provide their
comments in relation to the criteria of Chapter 8 within 21 days, following which
Council will determine whether a public meeting is necessary.
3.11.3. A public meeting may be required for any special permitted use as determined by Council,
and shall be required for the following uses:
(a)
new commercial development inside or outside the Commercial Zone or the expansion
of an existing commercial development inside or outside the Commercial Zone.
(b)
new light industrial development or the expansion of an existing light industrial
development.
3.11.4. Where Council has determined that a public meeting is necessary, the following provisions
shall apply:
(a)
a public meeting shall be held to allow the developer to present the development
proposal to residents to obtain their input;
(b)
the time, date, location, and details of the meeting shall be advertised in a local
newspaper at least twice, at the cost of the developer, not less than seven clear
days in advance of the meeting date;
(c)
council shall appoint a Planning Board member to chair the meeting;
(d)
written comments respecting the proposed development may be forwarded to the
Chief Administrative Officer, or designate, prior to the meeting for those unable to
attend, and a summary of such written comments shall be presented at the public
meeting by the chair; and
(e)
the developer or their agent shall attend the meeting in order to present and defend
the proposed development.
3.11.5. A written summary of the comments received at or prior to the public meeting shall be prepared
by the Chief Administrative Officer, or designate, a copy of which shall be filed in the municipal
office and made available to any interested person during the Administration Office's usual hours
of operation.
3.12.
Development Agreements
3.12.1. The Authority Having Jurisdiction 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 (3).
3.12.2. Failure to comply with a development agreement shall constitute an offence under this Bylaw.
3.12.3. A development agreement may address but shall not be limited to the following matters:
(a)
Site plan design.
(b)
The design and construction of sidewalks, pathways, trails, and other pedestrian or
bicycle circulation facilities.
(c)
The location and number of bicycle and vehicular parking and loading spaces.
(d)
Connections to existing or planned pedestrian, bicycle, and vehicular networks.
(e)
Connections to existing coastal access points.
(f)
Landscaping and screening.
(g)
Types of materials stored and/or sold on site.
(h)
Open space and amenity areas.
(i)
Vehicular access and exits.
(j)
Security and safety lighting.
(k)
Fencing.
(l)
The emission of noise, odour, light, liquids, gasses, and dust.
(m) Stormwater management and drainage.
(n)
Servicing.
(o)
Methods and location of waste storage and disposal.
(p)
Time limits for the initiation and/or completion of the development.
(q)
Any other matters deemed necessary to ensure compliance with this
Development Bylaw.
3.12.4. 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 Municipality's legal fees, shall be paid by the Developer.
3.12.5. 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.
Site Plan
3.13.1. The Development Officer may require an applicant to submit a site plan drawn to a convenient
scale certifying the agreement of the applicant to develop the site in accordance with the plan.
3.13.2. A site plan shall be prepared to a scale showing existing and proposed conditions and may, at the
Development Officer's request, include:
(a)
the location of all buildings and structures on the parcel with respect to the
lot boundaries;
(b)
the location of the septic system or sewer service;
(c)
the location of the well or water service;
(d)
the location of the electrical service;
(e)
the location of the existing or proposed driveway(s);
(f)
floor plan(s) of the proposed building or structure;
(g)
elevation plan(s) of each exterior wall of the proposed building or structure;
(h)
any other information the Development Officer deems necessary to determine
whether or not the proposed development conforms to the requirement of this Bylaw.
3.14.
Drainage Plan
3.14.1. The Development Officer may require the applicant to submit a drainage plan prepared by a
land surveyor, a professional engineer, or a landscape architect licensed to practice in the
Province.
3.14.2. The drainage plan shall be signed and sealed by a qualified professional as noted above
attesting that the design shall be in accordance with acceptable standards and no water runoff
(no additional or changed characteristics) shall be directed onto other lands except where legal
permission has been obtained.
3.14.3. The drainage plan shall show such details as the following:
(a)
Certification by the person who has prepared the plan.
(b)
Name of the company that prepared the certificate.
(c)
Property information, dimensions, PID number, civic number, subdivision lot
number, date of survey, drawing scale, and north arrow.
(d)
Existing surface conditions, e.g. clay, topsoil, sod or landscaped.
(e)
Existing elevations referenced to the NAD83 Geodetic Reference System showing:
i)
all improvements on the subject site;
ii)
spot elevations throughout the site; and
iii)
any improvements or spot elevations on adjacent properties necessary to
show the existing drainage patterns;
(f)
Proposed elevations referenced to NAD83 Geodetic Reference System showing:
i)
all proposed improvements on the subject site;
ii)
proposed spot elevations throughout the site;
iii)
any proposed improvements or spot elevations on adjacent properties
necessary to show the proposed drainage patterns;
iv)
top of existing and proposed foundation elevations; and
v)
location and elevation of structures on adjoining properties along with any
elevations necessary to confirm drainage patterns;
(g)
Location of discharge into stormwater system, ditch, etc.
(h)
Projected stormwater flow rates for new subdivisions shown on a
stormwater management plan.
(i)
Detailed surveys for lots adjacent to stormwater management ponds or storage
areas including the location and elevations of structures or features with
maintenance and overflow areas.
(j)
Any other information the Development Officer deems necessary to determine whether
or not the proposed development conforms to the requirements of this Bylaw.
3.14.4. A drainage plan is not required for the following types of Developments, where the
Development does not involve an alteration or change to the existing Grade of the land within
the minimum 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 sono-tubes, posts or piles and
will not affect the natural and existing flow for drainage; or
(f)
a 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.
3.14.5. For Properties with, or located adjacent to, a Watercourse or Wetland, the Site Plan or stormwater
management plan or both shall also include the location of any Buffer Zone as defined in the
Watercourse and Wetland Protection Regulations.
3.15.
Other Information
3.15.1. The development officer or Council may require an applicant to submit any additional information
related to the proposed development which is deemed necessary in order to determine whether
or
not the development conforms to the requirements of the Bylaw, Official Plan, and applicable
federal and provincial laws, including such things as, but not limited to, the following:
(a)
Parking lot layout and internal circulation patterns.
(b)
Location of solid waste containers and description of any screening or fencing.
(c)
Stormwater management plan.
(d)
Traffic study.
(e)
Environmental study.
(f)
Location of open space and amenity areas.
(g)
Landscaping plan.
(h)
Buffer zones adjacent to wetlands or watercourses.
(i)
Plan and description of existing vegetation.
(j)
Existing heritage registered or heritage designated properties involved in or adjacent
to the development.
(k)
Easements.
(l)
Proposed storage areas and description of any screening or fencing.
(m) Description and location of ventilation systems and other equipment that could create
excessive noise and odour.
3.15.2. Council or the Development Officer may consult with the Government of Canada or the Province,
or other qualified professionals, in order to determine whether or not the development conforms to
the requirements of the Bylaw, Official Plan, and applicable federal and provincial laws.
3.16.
Develop in Accordance with Application
3.16.1. Any person who has been granted a development permit shall develop in accordance with
the information given on the prescribed application form, any supporting documentation and
the conditions and requirements of said development permit or development agreement.
3.17.
Authorization for Inspection
3.17.1. An application for a Development Permit shall constitute authorization for inspection of the
building or land in question by an officer or agent of the Municipality for the purpose of ensuring
compliance with the provisions of this Bylaw.
3.18.
Permits Posted
3.18.1. All permits shall be posted by the developer on the subject property and be visible from the street.
3.18.2. The development officer shall ensure that all decisions relating to applications are posted
in accordance with section 23.1 of the Planning Act, on the Provincial Government
planning decisions website and at the Municipal Office, 730 Victoria Rd.
3.19.
Specialized Fire Services
3.19.1. Developers shall be required to cover all costs of specialized fire services or facilities, as required,
for the following types of development:
(a)
light industrial development;
(b)
new commercial development outside the Commercial Zone; and
(c)
the expansion of commercial development outside the Commercial Zone.
3.20.
Temporary Uses, Buildings and Structures
3.20.1. A temporary permit may be issued for the temporary use of land or the temporary use of a
building or structure incidental to a construction project provided that a development permit has
been issued for the main construction project, subject to such conditions as the Authority Having
Jurisdiction may deem appropriate to protect the interests of adjacent property owners or the
general public. The permit shall require that the temporary use shall be removed from the site
within 30 days of completion of the main construction project, unless otherwise approved by the
Development Officer.
3.20.2. No permit shall be issued for mobile trailers or mobile vending unit for commercial use, except
in accordance with section 3.20.3
3.20.3. Council may grant a permit for the temporary erection of a structure or the temporary use of land
in any zone for a period not exceeding 14 days 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, electricity supply, noise and odour, traffic management and
emergency management.
3.20.4. The hours of the temporary use shall be limited from 8:00 a.m. - 11:00 p.m. daily, unless
otherwise authorized by Council.
3.20.5. 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
(e)
the use would create a conflict due to excessive noise, hours or operation, lighting or
another nuisance.
3.20.6. No temporary use shall be permitted to encroach within the front, rear or side setbacks as
required under this Bylaw
3.20.7. No permit shall be required for either a structure or temporary change of use for a single-day
special event, or a special event of fewer than 14 days that does not require any additional
temporary services such as, but not limited to, water supply, wastewater disposal, electricity
supply, noise and odour, traffic management and emergency management.
3.21.
Appeals
3.21.1. Any appeal of a decision in respect to the administration of this Bylaw shall be undertaken
in accordance with the Planning Act.
4. General Provisions for All Zones
4.1.
Existing Non-conforming Buildings and Structures
4.1.1. Where a building or structure exists on or before the effective date of this Bylaw and does not
comply with one or more requirements of this Bylaw the building or structure may be
enlarged, reconstructed, relocated, repaired or renovated, provided that:
(a)
the enlargement, reconstruction, repair, relocation or renovation does not increase
the non-conformance(s) with this Bylaw; and
(b)
all other provisions of this Bylaw are satisfied.
4.1.2. A building or structure shall be deemed to exist on the effective date of approval of this Bylaw if:
(a)
it has lawfully been constructed; or
(b)
the permit for its construction was in force and effect, but this clause shall not apply
unless the construction is commenced within twelve (12) months after the date of the
issue of the permit and is completed in conformity with the Development Permit within
24 months of the date that construction commenced.
4.1.3. If a building or structure that does not conform to provisions of this Bylaw is destroyed by a fire or
otherwise to an extent of seventy-five percent (75%) or more of the assessed value of the building
or structure above its foundation, it shall only be rebuilt or repaired in conformity with the
provisions of this Bylaw.
4.2.
Existing Non-conforming Lots
4.2.1. 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, depth, or area
required, may be used for a purpose permitted in the zone in which the lot is
located
and a building may be erected on the lot provided that all other applicable provisions in
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,
width, 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.
4.3.
Existing Non-conforming Uses
4.3.1. Subject to the provisions of this Bylaw, a use of land, building, or structure lawfully in existence
on the effective date of approval of this Bylaw may continue to exist.
4.3.2. No structural alterations that would increase the exterior dimensions, except as required by statute
or Bylaw, shall be made to a building or structure while a non- conforming use thereof is
continued.
4.3.3. 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.
4.3.4. A non-conforming use of land, building, or structure shall not be permitted to resume if it has
been discontinued for a period of twelve (12) consecutive months, and in such event the land,
building, or structure shall not afterward be used except in conformity with this Bylaw. In the case
of seasonal businesses, the use shall be considered discontinued starting on December 31st if the
business had not operated in that that calendar year.
4.3.5. 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 area would have the impact of creating a
change of use.
4.4.
Accessory Uses and Structures
4.4.1. Accessory uses and structures shall be permitted on any lot but shall not:
(a)
be built closer than 1.2 metres (3.9 feet) to the side or rear property lines;
(b)
be built within the front yard or flankage yard of a lot;
(c)
exceed the height of the main building or the total floor area of the
main building except in the Agricultural and Light Industrial Zones;
(d)
exceed 20 square metres (215 square feet) of floor area per structure in the
Central Core Zone; or
(e)
exceed 47 square metres (506 square feet) of floor area per structure
in the Residential or Recreation & Public Open Space Zones; or
(f)
exceed one accessory building per lot, except:
i)
on a lot greater than 4,046 square metres (1 acre), in which case a maximum
of two (2) accessory buildings are permitted;
ii)
lots with a detached accessory dwelling may have an additional accessory
building up to 18.5 square metres (200 square feet); or
iii)
where the property is zoned Agricultural, Public Service and Institutional, or Light
Industrial.
4.4.2. Notwithstanding the above provisions, Council may issue a special development permit for an
accessory structure located within the front yard or flankage yard of a lot where Council is satisfied
the structure will be compatible with adjacent structures and no permanent injury would be caused
to adjoining properties, in relation to matters such as but not limited to:
(a)
Size of proposed accessory structure;
(b)
requirements for water or sewer servicing; and
(c)
Encroachment into minimum yard setbacks
4.4.3. No accessory building shall be considered an accessory building if it is:
(a)
attached to the main building; or
(b)
located completely underground.
4.5.
Mixed Use
4.5.1. Where any land or building is used for more than one (1) use, all provisions of this Bylaw relating
to each use shall be satisfied. Where there is a conflict, such as in the case of lot size or
frontage, the most stringent standards shall prevail.
4.6.
Lot Frontage
4.6.1. No development permit shall be issued unless the lot or parcel of land intended to be used or
upon which the building or structure is to be erected abuts and fronts upon a street, road or
highway.
4.6.2. If a parcel of land in any zone is of such configuration that it cannot reasonably be subdivided
in such a way as to provide the required minimum lot frontage on a street, Council may
approve a reduced road frontage, provided that:
(a)
adequate, safe, and perpetual access to the lot is provided; and
(b)
the lot width at the building line measures at least as much as the minimum lot
frontage requirement.
4.6.3. Notwithstanding subsection 4.6.1 above, the Council may approve a development permit 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 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 right-of-way or driveway;
(e)
the applicant can establish legal entitlement to use the private right-of-way for access
to the parcel in question and any such legal entitlement that has been established
through an agreement with the owner of the private right-of-way shall be registered in
accordance with the provisions of the Registry Act;
(f)
the property owner shall be required to enter into a development agreement with the
Municipality acknowledging the following:
"The private right-of-way serving PID
is not owned or maintained by the
Rural Municipality of Victoria and therefore the Rural Municipality of Victoria shall
have no liability for the private right-of-way. Without limiting the generality of the
foregoing, the Rural Municipality shall not be responsible for providing any services of
any nature or kind to the private right-of-way. In addition, the private right-of-way may
not be entitled to receive other public services such as grading, ditching,
snowplowing, gravelling, school busing, solid waste collection, or emergency vehicle
access."; and
(g)
the development agreement required under the above clause shall be registered in
accordance with the Registry Act and all fees associated with the preparation,
registration, and enforcement of the development agreement shall be paid by the
developer.
4.7.
Access and Entrance ways
4.7.1. No person shall construct or use an entrance way except where that entrance way meets the
minimum requirements as established under the Planning Act, the Roads Act, or any
successors.
4.7.2. Where an entrance way permit or other approval is required under the Highway Access
Regulations, a development permit shall not be granted until that entrance way permit or other
approval or permit has been granted.
4.8.
Setback Encroachments
4.8.1. Except for accessory buildings, every part of any setback required by this Bylaw shall be open and
unobstructed by any structure from the ground to the sky, provided that those structures listed in
the following table shall be permitted to project for the specified distance as follows:
Structure
Setback in Which Projection
is Permitted
Maximum Projection from
Main Wall Permitted into
Setback
Retrofits to existing buildings
to increase the amount of
exterior insulation.
Any setback
0.3 metres (1 foot)
Sills, belt, courses, cornices,
eaves, gutters, chimneys,
pilasters or canopies
Any setback
0.6 metres (2 feet)
Window bays up to 3 metres
(10 feet) wide
Front, rear, and flankage
setbacks only
0.9 metres (3 feet)
Fire escapes up to 3 metres
(10 feet) wide
Rear and side setbacks only
1.5 metres (5 feet)
Balconies
Front, rear and flankage
setbacks only
1.8 metres (6 feet)
Open, roofed porches or
verandahs not exceeding one
storey in height; uncovered
terraces
Front, rear and flankage
setbacks only
2.4 metres (8 feet) including
eaves and cornices
Barrier-free access ramps
Any setback
2.4 metres (8 feet)
4.9.
Height Exemptions
4.9.1. The height regulations of this Bylaw shall not apply to church spires or steeples, mosque minarets,
water tanks or reservoirs, elevator enclosures, stairwells, commercial communications towers,
television or radio antennae, tree houses, silos, flag poles, ventilators, barns, chimneys, skylights,
public art, solar collector systems, bee hives, or clock towers.
4.10.
Conformity with Existing Adjacent Setbacks
4.10.1. A front setback less than the minimum front setback required in a zone may be approved, if:
(a) the proposed setback is not less than the smallest front setback of any main building
within 60 metres (197 feet) on the same street and within the same zone as the
proposed building; and
(b) the proposed setback is not less than 2 metres.
4.11.
Intersection Triangle
4.11.1. On a corner lot, 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 0.6 metres (2 feet) above grade
within the triangular area formed by a line connecting the abutting street boundary lines at a
distance of 6 metres (20 feet) from their point of intersection.
4.12.
Servicing
4.12.1. All applicants requesting a development permit or subdivision approval shall be subject to
the requirements of the Municipality's Servicing Standards Manual
4.12.2. Notwithstanding the minimum Lot size standards of this Bylaw, all applications for subdivision
approval for a Lot involving an on-site Sewage Disposal System or on-site water supply or both
shall meet the requirements of the provincial government's Province-Wide Minimum Development
Standards Regulations for on-site servicing based on soil category, the Sewage Disposal Systems
Regulations, Water Withdrawal Regulations, and Well Construction Regulations.
4.12.3. Every application for a Development Permit or change of use 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 23 m.
(75 ft.) of the Lot since December 31, 2006.
4.12.4. Every on-site sewage treatment system with a capacity of more than 1500 gallons shall
be designed and certified by a Professional Engineer.
4.12.5. Any person wishing to construct, erect, place, make any alterations to, or change the use of a
structure on any lot within the municipality which will require connection to the Municipality's
central sewer system, central water system, or both, shall apply for and receive permission for
such connection(s) from the Development Officer and the Water and Sewer Corporation, and
shall provide proof of such permission prior to receiving a development permit
4.13.
Light Pollution.
4.13.1. All exterior light fixtures shall direct light downward and away from any dwelling.
4.14.
Swimming Pools
4.14.1. Except in the Central Core Zone, the installation of a swimming pool shall be permitted in
any zone in accordance with the following provisions:
(a)
the owner shall first secure a development permit from the Development Officer;
(b)
a barrier, being either a fence or walls, of a minimum of 1.2 metres (4 feet) in height
shall fully enclose the pool in such a manner so as to impede unauthorized persons
from entering over or under said barrier;
(c)
any fence gate or door providing access to the pool is self-closing and self-latching to
prevent unsafe access from outside the enclosed area;
(d)
the water from the pool shall not be disposed of through the Municipality's central
sewer system; and
(e)
the water from the pool shall be permitted to be disposed of onto the ground, provided:
i)
the water does not enter a watercourse;
ii)
the water has been de-chlorinated through the use of hydrogen peroxide, or
allowed to stand unused for a period of time, until the residual chlorine in
the water has been reduced to an acceptable level; and
iii)
The water shall be discharged such a rate and in such a location that it does not
cause erosion or siltation.
4.15.
Automobile Parking
4.15.1. Off-street parking in conjunction with a residential, home-based business, commercial, public
service and institutional, industrial or recreational use shall be provided in conformity with
the standards set out in Appendix B, Parking Guidelines, of this Bylaw.
4.15.2. A parking space shall have a minimum size of 2.4 metres (8 feet) by 5.5 metres (18 feet)
exclusive of driveways and aisles, and shall be accessible from a street.
4.15.3. Unless otherwise permitted in this Bylaw, each automobile parking space shall be
independently accessible and shall have clear access to a maneuvering lane.
4.15.4. Any parking lot for four (4) or more automobile parking spaces shall meet the following
requirements:
(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)
any lights used for illumination of the parking area shall be designed and installed in a
manner that does not project onto adjacent properties;
(c)
a structure, not more than 4.5 metres in height and not more than 5 square metres in
area may be erected in the parking area for the use of attendants;
(d)
when the parking area is of a permanent hard surfacing, each parking space shall be
clearly demarcated and maintained as such;
(e)
gasoline pumps or other service station equipment shall not be located or
maintained on the required parking area;
(f)
traffic aisles leading to and within parking areas shall be a minimum width of 3 metres
(9 feet 9 inches) for one-way traffic and a minimum width of 6 metres (19 feet 6 inches)
for two-way traffic;
(g)
individual parking spaces shall be located such that they do not interfere with
the functioning of any entrance or exit to a building or structure; and
(h)
if the parking area is located adjacent to residential uses, an opaque fence with
a minimum height of 1.8 metres (6 feet) shall be constructed on the lot line.
4.15.5. Where parking area is located between a main building and a street, any parking lot for four (4) or
more automobile parking spaces may be encouraged to provide a marked pedestrian pathway
between the street and the main entrance of the main building. The pedestrian pathway shall be
a minimum 1.5 metres wide and surfaced with asphalt, concrete, or interlocking paving stones.
4.15.6. 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.
4.15.7. The automobile parking space requirement may be waived in whole or in part where, due to high
lot coverage and/or the lack of front and side yards, it is impossible to site an automobile parking
space without the removal of existing buildings
4.15.8. In addition to the parking guidelines found in Appendix B, wherever 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.
4.16.
Bicycle Parking
4.16.1. The following commercial and institutional uses shall provide bicycle parking spaces:
(a)
Academic schools.
(b)
Business or professional offices.
(c)
Restaurants.
(d)
Retail stores (excluding home-based businesses).
4.16.2. Where bicycle parking spaces are provided, they shall comply with the following:
(a)
Where practical and possible, be located in the front, flankage, or side yard;
(b)
be visible from the street;
(c)
have minimum dimensions of 0.6 metres by 2 metres (2 feet by 6.6 feet);
(d)
Be maintained with a stable surface; and
(e)
include a metal bicycle rack.
5. Use Specific Regulations
5.1.
Wind Turbines
5.1.1. Wind turbines of any size shall not be permitted within the Municipality.
5.2.
Solar Collectors
5.2.1. Solar collector systems shall be permitted as an accessory use in all zones, and by special permit,
as a main use in agricultural zones in accordance with subsection 6.6.3.
5.2.2. Roof-mounted solar arrays shall be permitted in all zones, subject to the following:
(a)
Where a proposed roof-mounted solar array would not meet the criteria defined in
clause 3.1.3(l), the applicant shall submit an application for a development permit,
together with a report by a professional engineer certifying that the roof is able to bear
the additional load of the solar array.
(b)
Roof-mounted solar arrays shall be installed in conformity with Chapter 11 of the
National Fire Prevention Association (NFPA) 1 Fire Code
5.2.3. Ground-mounted solar arrays shall be permitted as an accessory use in all zones, subject to the
following:
(a)
In a residential zone, ground-mounted solar arrays may only be placed in the rear or
side yard;
(b)
The minimum setback to adjacent rear or side lot lines for ground-mounted solar
arrays shall equal the setback for accessory structures in the relevant zone, or the
height of the ground-mounted solar array as measured from grade to the highest
point of the solar array, whichever is greater;
(c)
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.), 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.
5.2.4. The application for a development permit for a ground-mounted solar array must include, in
addition to the requirements of sections 3.7 and 3.8, the design of the solar collectors
including racking and footings.
5.3.
Electric Vehicle Charging
5.3.1. Electric vehicle charging stations shall be permitted as an accessory use in all zones.
5.4.
Farm, Fish, and Forest Stalls
5.4.1. Nothing in this Bylaw shall prevent the direct sale of fish or other seafood; farm products such as
but not limited to, flowers, fruit, and vegetables; and forestry products such as, but not limited to,
Christmas trees, wreaths, and maple products by individuals or companies engaged in the
harvesting of such, subject to the following provisions:
(a)
any associated structures shall be limited to a maximum total footprint of 10
square metres (107.6 square feet) on a lot;
(b)
associated structures shall meet zone requirements for side and rear setbacks, but
shall not be required to meet minimum front setbacks;
(c)
the individual or company engaged in the harvesting owns the property where the stall
is operating, or resides on said property and has permission of the owner; and
(d)
no development permit shall be required.
5.5.
Fowl and Rabbits
5.5.1. The keeping of fowl and rabbits shall be permitted as an accessory use in all zones except
the Central Core Zone, subject to the requirements of this Section.
5.5.2. For the purpose of this Section, any combination of up to three fowl and rabbits shall
be considered one animal unit.
5.5.3. The following restrictions shall regulate minimum lot size requirements for the keeping of fowl
and rabbits as an accessory use:
(a)
On lots less than 500 square metres (5,380 square feet) in area, a maximum of
1 animal unit shall be permitted.
(b)
On lots 500 square metres (5,380 square feet) or more in area and less than 2,500
square metres (26,910 square feet) in area, five (5) small animal units shall be
permitted;
(c)
On lots 2,500 square metres (26,910 square feet) or more in area and less than
10,000 square metres (1.48 acres) in area, 25 small animal units shall be permitted;
and
(d)
On lots 10,000 square metres (2.47 acres) or more in area, 50 small animal units shall
be permitted for each 10,000 square metres (2.47 acres) of lot area.
5.5.4. No roosters shall be permitted on lots under 6,000 square metres (1.48 acres) in area.
5.5.5. Fowl and Rabbits shall be confined to roaming within an effective enclosure on the owner's
property.
5.5.6. Structures housing or enclosing more than 4 small animal units and fewer than 25 small animal
units shall have a minimum setback of 15 metres (49 feet) from any lot line or watercourse.
5.5.7. Structures housing or enclosing 25 or more small animal units shall have a minimum setback of
30 metres (98 feet) from any lot line or watercourse.
5.5.8. Retail sale of fowl and rabbit products is permitted in accordance with Section 5.4.
5.6.
Beekeeping
5.6.1. The keeping of bees shall be permitted as an accessory use in all zones, subject to the following
requirements:
(a) Hives shall be set back 1.8 metres (6 feet) from any property lines unless:
i)
the property line is fenced with a solid, opaque fence a minimum of 1.8 metres
(6 feet) in height;
ii)
the property line includes a hedge or other vegetative obstruction at least 1.8
metres (6 feet) in height that covers the entire length of the property line; or
iii)
the hive is located on a structure at least 1.8 metres (6 feet) in height.
(b)
A constant source of water shall be provided on-site.
5.7.
Livestock
5.7.1. The keeping of livestock shall be prohibited except on a farm property in the agricultural zone, or
in accordance with Section 5.5, Fowl and Rabbits.
5.8.
Community Gardens
5.8.1. A community garden may be permitted as a main use on a lot in any zone provided it:
(a)
conforms with the applicable zone requirements for accessory structures
or greenhouses;
(b)
has an accessible constant on-site water source, such as piped water or a
refillable cistern; and
(c)
provides an on-site location for odour-free organic waste disposal or transport organic
waste to a suitable disposable facility.
5.9.
Vending
5.9.1. No person shall park, place or permit to be parked or placed on any street, park or public place
within the municipality, any mobile vending unit except where a permit for a Temporary Use has
been issued pursuant to Section 3.20.
5.10.
Petroleum Storage
5.10.1. Underground storage tanks for petroleum products, including propane, shall require a permit from
the Province before installation may proceed. In processing such application, the Municipality 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
Municipality shall not issue a permit to the Developer until it has received written approval from the
Province.
5.10.2. Notwithstanding subsection 5.10.1, underground storage tanks for petroleum products shall not be
permitted in any R1, SR, CC, P, or O2 Zone, and must comply with the wellfield protection plan.
5.11.
Vehicle Bodies
5.11.1. Trucks, buses, boats, automobiles, street car bodies, and structures of any kind other than a
mobile home or dwelling unit erected and used in accordance with this By-law shall not be used
for human habitation whether or not the same is mounted on wheels.
5.11.2. Notwithstanding subsection 5.11.1, Recreational trailers or vehicles shall not be permitted to be
used as a dwelling in any zone unless the Development Officer has issued a temporary permit for
such use.
5.12.
Utilities and Public Uses
5.12.1. Notwithstanding anything else in this Bylaw, public utility buildings and structures and service
facilities provided by the Municipality, including, but not limited to, sewage treatment plants,
pumping stations, transit transfer stations, fire halls, public parks and playgrounds, public
washrooms, utility services, water storage reservoirs, and stormwater management facilities may
be located in any zone and no development permit shall be required and no zone standards shall
apply.
5.12.2. Accessory structures for parks and open space uses shall have a maximum height of 6 metres
(19.7 feet) and shall have a minimum setback of 3 metres (9.8 feet) from all lot lines. Where a
parks and open space use spans multiple lots, no setback shall be required from the lot lines
internal to the use.
5.12.3. Notwithstanding anything else in this Bylaw, public utilities located within the street right-of-way or
underground may be placed in any zone, and no development permit shall be required and no
zone standards shall apply.
5.12.4. Private utility buildings and structures shall be permitted in all zones as a special permitted use.
5.13.
Cemeteries
5.13.1. Cemeteries shall not be permitted in any zone.
5.14.
Accessory Dwellings
5.14.1. Accessory dwelling units shall be permitted within the General Residential, Central Core,
Commercial and Agricultural Zones within a single-detached dwelling, duplex dwelling, or
semi- detached dwelling, or as all or part of an accessory building.
5.14.2. Accessory dwellings forming all or part of an accessory building shall meet the following
requirements:
(a)
only one accessory dwelling shall be permitted on a lot;
(b)
the accessory dwelling shall be subject to zone requirements for main buildings;
(c)
lot coverage shall not exceed 35 percent; and
(d)
the gross floor area of the accessory dwelling shall not exceed 100 square metres.
5.14.3. An accessory dwelling shall not be independently connected to water or sewer servicing,
but rather shall be connected via the servicing of the main building to which it is
subordinate. To ensure that the accessory dwelling can be accommodated by existing
services:
(a)
Accessory dwellings within centrally serviced areas shall be subject to review by
the Victoria Water and Sewer Corporation and shall be in compliance with the
Municipal Servicing Standards.
(b)
The owner of accessory dwellings within unserviced areas shall be required to provide
confirmation from the relevant provincial government department that the additional
unit can be accommodated by on-site water and septic services.
5.15.
Residential Facilities
5.15.1. Residential facilities shall be permitted as dwellings wherever the associated dwelling types below
are permitted and shall be subject to the applicable zone requirements for dwellings based on the
following equivalencies:
(a)
A residential facility with fewer than five beds shall be treated as a single-unit dwelling.
(b)
A residential facility with five to eight beds shall be treated as a duplex dwelling.
(c)
A residential facility with more than eight beds shall be treated as a multiple
attached dwellings.
5.15.2. A single bedroom for a staff member shall be permitted without being counted for the purposed
of the equivalencies in Subsection 5.15.1. All other staff bedrooms shall be counted for the
purpose of equivalencies in Subsection 5.15.1.
5.16.
Personal Office or Studio
5.16.1. Nothing in this Bylaw shall prevent the use of a portion of any dwelling unit or building
accessory to a dwelling unit as a personal office or studio for residents of the dwelling unit,
provided the personal office or studio is not intended to be visited by members of the public.
5.16.2. No development permit is required for a personal office or studio.
5.17.
Instruction of Two Students at a Time
5.17.1. Nothing in this Bylaw shall prevent the use of a portion of any dwelling unit or building
accessory to a dwelling unit for the instruction of up to two students at a time.
5.17.2. No development permit is required for the instruction of up to two students at a time.
5.18.
Home-based businesses
5.18.1. A home-based business may be located in a dwelling or an accessory building in Zones
where such businesses are permitted provided that:
(a)
the home-based business is not located in an accessory building that also contains an
accessory dwelling;
(b)
Business uses shall not exceed fifty (50) percent of the total floor area of the principal
residence,or one-hundred (100) percent of the total floor area of an accessory
building;
(c)
Home-based businesses shall not have outdoor storage or outdoor display; and
(d)
the external appearance of the dwelling or accessory building is not altered.
5.19.
Short-term Rentals
5.19.1. Short-Term Rentals shall only be permitted as an accessory use subject to the following:
(a)
The Short-Term Rental may be permitted in any type of dwelling except an
apartment dwelling;
(b)
The dwelling shall be the Principal Residence of the operator/host;
(c)
A maximum of four (4) bedrooms in the Dwelling Unit may be dedicated to
the operation;
(d)
No kitchen and/or cooking appliances shall be permitted in a guest room;
(e)
No more than one (1) booking may be permitted for short-term rental lodging in each
Dwelling Unit at one time;
(f)
The operator/host does not have to be present at the time of stay if the entire dwelling
unit is rented;
(g)
A short-term rental may be permitted in an accessory dwelling where the
operator/host is present in the Principal Residence at the time of stay; and
(h)
Adequate off-street parking spaces shall be provided in accordance with the
parking guidelines listed in Appendix B of this Bylaw and such parking shall be in
addition to the parking spaces required for the dwelling;
(i)
The short-term rental shall be licensed under the Tourism Industry Act, and shall
meet the code requirements for fire safety that are administered by the office of the
provincial Fire Marshall;
5.20.
Outdoor Storage and Display
5.20.1. Outdoor storage shall not be located in any required side or rear setback or between a
main building and a front lot line.
5.20.2. Outdoor display shall not be located within 3 metres of the front lot line.
5.21.
Drive-throughs
5.21.1. Drive-throughs shall not be permitted in the Municipality.
6. Land Use Zones
6.1.
General Residential Zone (R1)
General
6.1.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in the General Residential Zone shall conform with the provisions of this section.
Permitted Uses
6.1.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Duplex dwellings and semi-detached dwellings
(b)
Multiple attached dwellings
(c)
Public utilities
(d)
Recreation and public open space facilities
(e)
Single-unit dwellings
(f)
Accessory dwellings
(g)
Grouped dwellings
Special Permitted Uses
6.1.3. Notwithstanding Subsection 6.1.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Major residential developments
(b)
Private utilities
(c)
Home-based businesses
6.1.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.1.5. Plumbed new developments in the General Residential Zone shall be serviced by the municipal
central water supply, and such a connection will be made at the developer's expense.
6.1.6. Plumbed new developments in the General Residential Zone shall be serviced by the municipal
central sewer system, where available, and such a connection will be made at the developer's
expense.
6.1.7. Notwithstanding the preceding subsection, Council may approve a development in the General
Residential Zone serviced by an on-site well and/or sewage treatment system where the municipal
sewer service is not available and extending the services would be prohibitive or premature.
6.1.8. All developments in the General Residential Zone must secure the appropriate municipal sewer
easement in favour of the Water and Sewer Corporation, when necessary according to the utility's
Servicing Standards manual.
Lot Requirements
6.1.9. The following requirements shall apply to all development in a General Residential Zone, noting
that the clauses of this subsection define higher minimum standards for some specific dwelling
types:
Requirement
Minimum lot area
743.2 square metres (8,000
square feet)
Minimum frontage
15 metres (49.2 feet)
Minimum front setback
6 metres (19.7 feet)
Minimum flankage setback
6 metres (19.7 feet)
Minimum rear setback
4.5 metres (14.8 feet)
Minimum side setback
2.29 metres (7.5 feet)
Maximum of any building
10.7 metres (35.1 feet)
(a)
For Duplex dwellings and semi-detached dwellings the following additional
Lot requirements shall apply:
Requirement
Minimum lot area
743.2 square metres (8,000
square feet) or 371.6 square
metres (4,000 square feet) for
each unit
Minimum frontage
24.38 metres (80 feet) or 12.19
m. (40 feet) for each unit
(b)
For Multiple attached dwellings that are townhouse dwellings or stacked
townhouse dwellings, the following additional Lot requirements shall apply:
Requirement
Minimum lot area
1,114.8 square metres (12,000
square feet) for the 1st 3 units
plus 278.7 sq.m. (3,000 square
feet) for each additional unit
Minimum frontage
24.38 metres (80 feet) for the 1st
3 units plus 6.1 metres (20 feet)
for each additional unit
(c)
For Multiple attached dwellings that are apartment dwellings, the following additional
Lot requirements shall apply:
Requirement
Minimum lot area
836.1 square metres (9,000
square feet) plus 139.7 square
metres (1,500 square feet) for
each dwelling unit
Minimum frontage
30.48 metres (100 feet)
Minimum front setback
7.62 metres (25 feet)
6.1.10. In addition to the above requirements, all lots not serviced by both central sewer and water shall
conform to the provincial government's Province-wide Minimum Development Standards
Regulations.
6.1.11. Notwithstanding the above requirements, within existing approved residential subdivision
developments, the Development Officer may require new development to conform with the
development standards which have been established, even if these standards exceed the
minimum standards stated above.
6.1.12. On any lot featuring multiple attached dwellings, 10% of the total land shall be designated for use
as recreational open space accessible to residents and their guests.
New Residential Developments
6.1.13. All new residential developments shall, wherever practical, be integrated, at no cost to the
Municipality, into the Municipality's existing or planned pedestrian accesses, parking,
coastal access points, and recreation and public open space network.
6.2.
Single-Unit Residential Zone (SR)
General
6.2.1.
Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in the Single-Unit Residential Zone shall conform with the provisions of this section.
Permitted Uses
6.2.2.
No building or part thereof and no land shall be used for purposes other than:
(a)
Public utilities
(b)
Recreation and public open space facilities
(c)
Single-unit dwellings
Special Permitted Uses
6.2.3.
Notwithstanding Subsection 6.2.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Private utilities
(b)
Home-based businesses
6.2.4.
Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.2.5.
Plumbed new developments in the Single-Unit Residential Zone shall be serviced by the
municipal central water supply, and such a connection will be made at the developer's expense.
6.2.6.
Plumbed new developments in the Single-Unit Residential Zone shall be serviced by the
municipal central sewer system, where available, and such a connection will be made at the
developer's expense.
6.2.7.
Notwithstanding the preceding subsection, Council may approve a development in the
Single-Unit Residential Zone serviced by an on-site sewage treatment system where the
municipal sewer service is not available and extending the service would be prohibitive or
premature.
6.2.8.
All developments in the Single-Unit Residential Zone shall have the appropriate municipal
sewer easement in favour of the Water and Sewer Corporation, according to the utility's
Servicing Standards manual.
Lot Requirements
6.2.9.
The following requirements shall apply to all development in a Single-Unit Residential Zone:
Requirement
Minimum lot area
750 square metres (8073 square
feet)
Minimum frontage
15 metres (49.2 feet)
Minimum front setback
6 metres (19.7 feet)
Minimum flankage setback
6 metres (19.7 feet)
Minimum rear setback
4.5 metres (14.8 feet)
Minimum side setback
3 metres (9.8 feet)
Minimum Main building height
1.5 storeys or 6.5 metres (21
feet), whichever is less
Maximum building height
2.5 storeys or 10.7 metres (35
feet), whichever is less
6.2.10. In addition to the above requirements, all lots not serviced by both central sewer and water shall
conform to the provincial government's Province-wide minimum development standards
regulations.
6.2.11. Notwithstanding the above requirements, within existing approved residential subdivision
developments, the Development Officer may require new development to conform with the
development standards which have been established, even if these standards exceed the
minimum standards stated above.
New Residential Developments
6.2.12. All new residential developments shall, wherever practical, be integrated, at no cost to the
Municipality, into the Municipality's existing or planned pedestrian accesses, parking,
coastal access points, and recreation and public open space network.
6.3.
Commercial Zone (C)
General
6.3.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in a Commercial Zone shall conform with the provisions of this section.
Permitted Uses
6.3.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Duplex dwellings and semi-detached dwellings
(b)
Multiple attached dwellings
(c)
Public utilities
(d)
Recreation and public open space facilities
(e)
Single-unit dwellings
(f)
Grouped dwellings
(g)
Accessory Dwellings
(h)
Bed and breakfast operations
(i)
Accommodations
(j)
Tourist Cottages
Special Permitted Uses
6.3.3. Notwithstanding Subsection 6.3.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Banking and financial institutions
(b)
Business or professional office
(c)
Convenience stores (to a max. of 185 square metres (2,000 square feet) in total floor
area)
(d)
Delicatessens, restaurants, and takeout establishments
(e)
Entertainment establishments
(f)
Galleries, libraries, museums and theatres
(g)
Licensed premises
(h)
Major residential developments
(i)
Parking lots
(j)
Personal service shops
(k)
Places of worship
(l)
Private utilities
(m) Retail stores (to a max. of 185 square metres (2,000 square feet) in total floor area)
(n)
Home-based businesses
6.3.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.3.5. Plumbed new developments in a Commercial Zone shall be serviced by the central water
system, and such a connection will be made at the developer's expense.
6.3.6. Plumbed new developments in a Commercial Zone shall be serviced by the central sewer
system, and such a connection will be made at the developer's expense.
6.3.7. Plumbed new developments in a Commercial Zone shall have the appropriate municipal
sewer easement in favour of the Water and Sewer Corporation, according to the utility's
Servicing Standards manual.
Lot Requirements
6.3.8. The following requirements shall apply to all development in a Commercial Zone:
(a)
For non-residential uses (that is, developments that are not dwellings), the following
Lot requirements shall apply:
Requirement
Minimum lot area
1,850 square metres (19,913
square feet)
Minimum frontage
45 metres (147.6 feet)
Minimum front setback
9 metres (29.5 feet)
Minimum flankage setback
9 metres (29.5 feet)
Minimum rear setback
9 metres (29.5 feet)
Minimum side setback
4.5 metres (14.8 feet)
Minimum main building height
6.5 metres (21 feet), whichever
is less
Maximum building height
10.7 metres (35.1 feet),
whichever is less
(b)
For residential uses (dwellings), the same requirements shall apply as for the
Central Core Zone (Section 6.4.8)
6.3.9. On any lot featuring multiple attached dwellings, 10% of the total land shall be designated as
recreational open space accessible to residents and their guests.
Special Requirements
6.3.10. Where a lot zoned as Commercial is developed which directly abuts a lot or parcel of land
not zoned as Commercial:
(a) a strip of land not less than 9 metres (29.5 feet) in width along the lot line within the
Commercial Zone and adjacent to any other zone shall be maintained clear of any
driveway, or parking area, and shall be adequately landscaped to provide a visual
buffer;
(b) any exterior lighting or illuminated sign shall be so arranged as to deflect light away
from the adjacent residence to eliminate light pollution; and
(c) outdoor storage or outdoor display shall be prohibited adjacent to a residence, unless
it is hidden from view by means of a landscaped buffer, hedge of adequate size, or
architectural screening, such as a wall, visibility restrictive fence or other appropriate
structure.
Design Guidelines
6.3.11. All residential or commercial developments within the Commercial Zone are encouraged
to voluntarily conform with the Design Guidelines outlined in Appendix D.
6.4.
Central Core Zone (CC)
General
6.4.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in the Central Core Zone shall conform with the provisions of this section.
Permitted Uses
6.4.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Public utilities
(b)
Recreation and public open space facilities
(c)
Single-unit dwellings
(d)
Accessory dwellings
(e)
Bed and breakfast operations
(f)
Accommodations
Special Permitted Uses
6.4.3. Notwithstanding Subsection 6.4.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Antique shops
(b)
Artist and handicraft studios
(c)
Bait sheds and assorted fisheries storage facilities
(d)
Bookstores
(e)
Convenience stores (to a max. of 93 square metres (1,000 square feet) in total
floor area)
(f)
Farmer's markets
(g)
Florist shops
(h)
Galleries, libraries, museums and theatres
(i)
Licensed premises
(j)
Major residential developments
(k)
Personal service shops
(l)
Post offices
(m) Private utilities
(n)
Real estate offices
(o)
Home-based businesses
(p)
Restaurants and cafes
(q)
Specialty food stores
(r)
Takeout establishments (to a max. of 18.5 square metres (200 square feet) in
total area)
6.4.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.4.5. Plumbed new developments in a Central Core Zone shall be serviced by the central water system,
and such a connection will be made at the developer's expense.
6.4.6. Plumbed new developments in a Central Core Zone shall be serviced by the central
sewer system, and such a connection will be made at the developer's expense.
6.4.7. Plumbed new developments in a Central Core Zone shall have the appropriate municipal sewer
easement in favour of the Water and Sewer Corporation, according to the utility's Servicing
Standards manual.
Lot Requirements
6.4.8. The following requirements shall apply to all development in a Central Core Zone:
Requirement
Minimum lot area
464.5 square metres / 5,000
square feet
Minimum frontage
15 metres (49.2 feet)
Minimum front setback
6 metres (19.7 feet)
Minimum flankage setback
6 metres (19.7 feet)
Minimum rear setback
4.5 metres (14.8 feet)
Minimum side setback
1.5 metres (4.9 feet)
Minimum Main building height
1.5 storeys or 6.5 metres (21
feet), whichever is less
Maximum building height
2.5 storeys or 10.7 metres (35.1
feet), whichever is less
Design Requirements
6.4.9. All residential or commercial developments within the Central Core Zone shall conform with the
Design Guidelines outlined in Appendix D.
6.5.
Light Industrial Zone (M)
General
6.5.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in a Light Industrial Zone shall conform with the provisions of this section.
Permitted Uses
6.5.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Business or professional offices
(b)
Public utilities
(c)
Scientific research facilities
Special Permitted Uses
6.5.3. Notwithstanding Subsection 6.5.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Animal processing
(b)
Boat building operations
(c)
Fully recirculating aquaculture farming (excluding processing)
(d)
Greenhouse and garden centres
(e)
Light manufacturing
(f)
Private utilities
6.5.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.5.5. All developments in a Light Industrial Zone shall have the appropriate municipal sewer easement
in favour of the Water and Sewer Corporation, when necessary according to the utility's
Servicing Standards manual.
Lot Requirements
6.5.6. The following requirements shall apply to all development in a Light Industrial Zone:
Requirement
Minimum lot area
As per the provincial
government's Province-wide
Minimum Development
Standards Regulations.
Minimum frontage
As per the provincial
government's Province-wide
Minimum Development
Standards Regulations.
Minimum front setback
6 metres (19.7 feet)
Minimum flankage setback
6 metres (19.7 feet)
Minimum rear setback
4.5 metres (14.8 feet)
Minimum side setback
3 metres (9.8 feet)
Maximum building height
10.7 metres (35.1 feet)
Special Requirements
6.5.8. Where a lot or parcel of land zoned as Light Industrial is developed which directly abuts a lot or
parcel of land not zoned as Light Industrial:
(a) a strip of land not less than 9 metres (29.5 feet) in width along the lot line within the
Light Industrial Zone and adjacent to another zone shall be maintained clear of any
building, driveway or parking area, and shall be adequately landscaped to provide a
visual buffer;
(a)
any exterior lighting or illuminated sign shall be so arranged as to deflect light
away from the adjacent residence to eliminate light pollution; and
(b)
outdoor storage or outdoor display shall be prohibited adjacent to a residence, unless
it is hidden from view by means of a landscaped buffer, hedge of adequate size, or
architectural screening, such as a wall, fence or other appropriate structure.
6.6.
Agricultural Zone (A)
General
6.6.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in an Agricultural Zone shall conform with the provisions of this section.
Permitted Uses
6.6.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Accessory dwellings
(b)
Agricultural Uses as a main use, that are not Intensive Livestock Operations
(c)
Duplex dwellings and semi-detached dwellings that are accessory uses to an
agricultural use
(d)
Multiple attached dwellings, up to a maximum of four (4) dwelling units, that
are accessory uses to an agricultural use
(e)
Mobile homes that are accessory uses to an agricultural use
(f)
Public utilities
(g)
Recreation and public open space facilities
(h)
Single-unit dwellings that are accessory uses to an agricultural use
Special Permitted Uses
6.6.3. Notwithstanding Subsection 6.6.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Animal kennels & animal kennel runs
(b)
Major residential developments
(c)
On-site animal processing
(d)
Parking lots
(e)
Places of worship
(f)
Private utilities
(g)
Resource uses
(h)
Solar collectors as a main use
(i)
Home-based businesses
6.6.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.6.5. Plumbed new developments in an Agricultural Zone shall be serviced by the central water
system, and such a connection will be made at the developer's expense.
6.6.6. Plumbed new developments in an Agricultural Zone shall be serviced by the central sewer
system, where available, and such a connection will be made at the developer's expense.
6.6.7. Notwithstanding the preceding subsection, Council may approve a development in the
Agricultural Zone serviced by an on-site sewage treatment system where the municipal sewer
service is not available and extending the services would be prohibitive or premature.
6.6.8. All developments in an Agricultural Zone shall have the appropriate municipal sewer easement
in favour of the Water and Sewer Corporation, when necessary according to the utility's
Servicing Standards manual.
Lot Requirements
6.6.9. The following requirements shall apply to all development in an Agricultural Zone:
Requirement
Minimum lot area
2 acres
Minimum frontage
As per the provincial
government's Province-wide
Minimum Development
Standards Regulations
Minimum front setback
15 metres (49.2 feet)
Minimum flankage setback
15 metres (49.2 feet)
Minimum rear setback
7.5 metres (24.6 feet)
Minimum side setback
4.5 metres (14.8 feet)
Maximum building height
2.5 storeys or 10.7 metres (35.1
feet), whichever is less
6.6.10. In addition to the above requirements, all lots not serviced by both central water and sewer shall
conform to the provincial government's Province-wide Minimum Development Standards
Regulations.
6.6.11. On any lot featuring multiple attached dwellings, 10% of the total land shall be designated as
recreational open space accessible to residents and their guests.
Forestry Use
6.6.12. In the Agricultural Zone, land which is no longer used for agricultural purposes may be
converted to forestry uses provided the conversion is undertaken through an established
Forestry Management Program approved by the Prince Edward Island Department of
Agriculture and Forestry or its successor.
6.7.
Recreation & Public Open Space Zone (P)
General
6.7.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in a Recreation & Public Open Space Zone shall conform with the provisions of this
section.
Permitted Uses
6.7.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Nature, pedestrian and bicycle trails
(b)
Open space and conservation activities
(c)
Playgrounds and sports fields
(d)
Public and private parks
(e)
Public utilities
(f)
Interpretive centres
Special Permitted Uses
6.7.3. Notwithstanding Subsection 6.7.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Pavilions and bandshells
(b)
Private utilities
(c)
Recreation administrative offices
(d)
Recreational uses and directly related commercial services
6.7.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.7.5. Plumbed new developments in a Recreation & Public Open Space Zone shall be serviced by the
central water system, and such a connection will be made at the developer's expense.
6.7.6. Plumbed new developments in a Recreation & Public Open Space Zone shall be serviced by the
central sewer system, where available, and such a connection will be made at the developer's
expense.
6.7.7. Notwithstanding
the
preceding
subsection,
Council
may
approve
a development in the
Recreation & Public Open Space Zone serviced by an on-site sewage treatment system where
the municipal sewer service is not available and extending the services would be prohibitive or
premature.
6.7.8. All developments in a Recreation & Public Open Space Zone shall have the appropriate municipal
sewer easement in favour of the Water and Sewer Corporation, as needed according to the
utility's Servicing Standards manual.
Lot Requirements
6.7.9. The following requirements shall apply to all development in a Recreation & Public Open Space
Zone:
Requirement
Minimum lot area
As per the provincial
government's Province-wide
Minimum Development
Standards Regulations
Minimum frontage
6 metres (19.7 feet)
Minimum front setback
6 metres (19.7 feet)
Minimum flankage setback
6 metres (19.7 feet)
Minimum rear setback
4.5 metres (14.8 feet)
Minimum side setback
3 metres (9.8 feet)
Maximum building height
2.5 storeys or 10.7 metres (35.1
feet), whichever is less
Special Requirements
6.7.10. Where a lot or parcel of land zoned as Recreation and Public Open Space is developed which
directly abuts a lot or parcel of land zoned as General Residential or Central Core:
(a) a strip of land not less than 4.5 metres (14.8 feet) in width along the lot line within the
Recreation and Public Open Space Zone and adjacent to another zone shall be
maintained clear of any driveway or parking area, and shall be adequately landscaped
to provide a visual buffer;
(a)
any exterior lighting or illuminated sign shall be so arranged as to deflect light
away from the adjacent zone to eliminate light pollution; and
(b)
outdoor storage or outdoor display shall be prohibited adjacent to another zone, unless
it is hidden from view by means of a landscaped buffer, hedge of adequate size, or
architectural screening, such as a wall, fence or other appropriate structure.
6.8.
Public Service & Institutional Zone (PSI)
General
6.8.1. Except as provided in this Bylaw, all buildings and parts thereof erected, placed or altered or any
land used in a Public Service & Institutional Zone shall conform with the provisions of this section.
Permitted Uses
6.8.2. No building or part thereof and no land shall be used for purposes other than:
(a)
Institutional uses and Institutional Buildings;
(b)
Public utilities
Special Permitted Uses
6.8.3. Notwithstanding Subsection 6.8.2 above, Council may issue a special development permit for the
following uses where it deems the development is appropriate, all other relevant provisions of this
Bylaw are met, and subject to such conditions as Council may impose:
(a)
Parking lots
(b)
Private utilities
6.8.4. Chapter 8 of this Bylaw shall guide Council's considerations when issuing special development
permits.
Servicing
6.8.5. Plumbed new developments in a Public Service & Institutional Zone shall be serviced by the
central water system, and such a connection will be made at the developer's expense.
6.8.6. Plumbed new developments in a Public Service & Institutional Zone shall be serviced by the
central sewer system, where available, and such a connection will be made at the developer's
expense.
6.8.7. Notwithstanding the preceding subsection, Council may approve a development in the Public
Service & Institutional Zone serviced by an on-site sewage treatment system where the municipal
sewer service is not available and extending the services would be prohibitive or premature.
6.8.8. All developments in a Public Service & Institutional Zone shall have the appropriate municipal
sewer easement in favour of the Water and Sewer Corporation, when necessary according to the
utility's Servicing Standards Manual.
Lot Requirements
6.8.9. The following requirements shall apply to all development in a Public Service & Institutional Zone:
Requirement
Minimum lot area
1,850 square metres (19,913 square feet)
Minimum frontage
6 metres (19.7 feet)
Minimum front setback
6 metres (19.7 feet)
Minimum flankage setback
6 metres (19.7 feet)
Minimum rear setback
4.5 metres (14.8 feet)
Minimum side setback
3 metres (9.8 feet)
Maximum building height
2.5 storeys or 10.7 metres (35.1 feet),
whichever is less
6.8.10. In addition to the above requirements, all lots not serviced by both central water and sewer shall
conform to the provincial government's Province-wide Minimum Development Standards
Regulations.
6.9.
Environmental Reserve Overlay Zone
General
6.9.1. In accordance with the Province's Environmental Protection Act, no structures or parts
thereof shall be permitted in the Environmental Reserve Overlay Zone.
Permitted Uses
6.9.2. Within any wetland boundary or watercourse boundary and any area within 15 metres (49.2
feet) of a wetland or watercourse, no structure or parts thereof shall be used for purposes other
than:
(a)
Conservation-related activities
(b)
Passive recreational uses, such as skiing or hiking
Special Requirements
6.9.3. In a buffer 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
6.9.4. No person shall, without a license or a provincial watercourse, wetland and buffer zone activity
permit, alter or disturb the ground or soil within the buffer zone as defined in the
Environmental Protection Act and the Watercourse and Wetland Protection Regulations.
6.9.5. Applications for subdivision and development permits on any property having a wetland,
watercourse, or buffer zone, or any combination thereof, will be referred to the
Province's department responsible for the Environmental Protection Act.
6.9.6. For the avoidance of doubt, the requirements in this Bylaw for the Environmental Reserve
Overlay Zone are in addition to all requirements in the Watercourse and Wetland Protection
Regulations and any other federal or provincial statute, regulation, or other enactment
6.9.7. Within the Environmental Reserve Overlay Zone, no person shall cut down any trees or disturb
the natural ground cover without first submitting all proposed changes to the topography and
vegetation and measures to control erosion and siltation
6.9.8. All Development adjacent to Wetlands, Watercourses and Buffer Zones shall adhere to the
setbacks prescribed in this Bylaw in addition to the setbacks required by the Province under the
Environmental Protection Act and its Watercourse and Wetland Protection Regulations.
(a)
The minimum Setback of any Structure from a Coastal Area, Wetland, Watercourse
or shoreline shall be the greater of 15 m. (49.21 ft.) plus the minimum Setbacks for
the proposed Structure for the Zone or 60 times the annual rate of erosion, where
applicable, as determined by the Province's department responsible for such
calculations.
(b)
A Coastal Hazard Assessment shall be included with a Development or
Subdivision application for a Lot that is:
(i) 3.71 m. (12.17 ft.) CGVD2013 or less in elevation; or
(ii) located within 22.9 m. (75 ft.) of a Coastal Area,
Watercourse, Wetland, or shoreline.
(c)
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 below the Coastal
Floodplain to avoid potential coastal flood risk, except where the Structure will be
used for fishing or bait sheds, aqua-culture operations, boat launches, wharfs, or
Structures or Buildings on a Property used in connection with a wharf.
(d)
Notwithstanding clause (c), 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
(i) the submission of a grading plan, designed and stamped by a
Professional Engineer,
(ii) 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
(iii) compliance with all other applicable requirements of this Bylaw.
(e)
The Authority Having Jurisdiction 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
(f)
Development will be in accordance with provincial policies and regulations to address
coastal flood risk, erosion, and environmentally sensitive areas.
6.10.
Wellfield Protection Overlay Zone
General
6.10.1. In accordance with the Wellfield Protection Plan, except as provided in this Bylaw, all buildings
and parts thereof erected, placed or altered or any land used in a Wellfield Protection Overlay
Zone shall conform with the provisions of this section.
Servicing
6.10.2. Plumbed new developments in a Wellfield Protection Overlay Zone shall be serviced by
the central water system, and such a connection will be made at the developer's expense.
6.10.3. Plumbed new developments in a Wellfield Protection Overlay Zone shall be serviced by
the central sewer system, and such a connection will be made at the developer's expense.
Special Requirements
6.10.4. All development in a Wellfield Protection Overlay Zone shall comply with the policies stated
within the Wellfield Protection Plan.
7. Variances
7.1.
Variances
7.1.1. 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.
7.1.2. Variance requests not exceeding 5% of the provisions of this Bylaw shall be considered minor
and may be evaluated by the Development Officer.
7.1.3. Variances greater than 5% but not exceeding 10% of the provisions of this Bylaw shall
be considered major and shall be evaluated by Council.
7.1.4. Variances greater than 10% of the provisions of this Bylaw shall not be considered.
7.1.5. All major variance applications shall require Council to give written notification to all property
owners within 30 metres (98.4 feet) of the subject property.
7.1.6. Variance applications shall be considered against the following criteria for justifying a variance:
(a)
that the general intent and purpose of the Bylaw is maintained;
(b)
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;
(c)
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;
(d)
that the variance is of the least magnitude required to enable reasonable use of the
lot; and
(e)
that the proposed variance would not impact unduly on the enjoyment of adjacent
properties, or on the essential character of the surrounding neighbourhood.
7.1.7. Authorization for a variance shall be documented and recorded in writing.
7.1.8. All variance applications are subject to applicable fees as established or altered by Council
resolution and outlined in Appendix C.
8. Special Permitted Uses
8.1.
Major Residential Development
8.1.1. In considering a major residential development as a special permitted use, Council shall ensure
the development and the conditions placed upon it are consistent with the following criteria:
(a)
infrastructure including sidewalks, water supply, sanitary and storm sewers, roads, and
street lighting shall meet the appropriate design standards;
(b)
the development shall preserve natural areas where possible; and
(c)
pedestrian and vehicle connectivity shall be established or maintained through
the street layout.
8.2.
Changes to Subdivision Agreements
8.2.1. In considering any changes to an existing subdivision agreement as a special permitted use,
Council shall ensure the development and the conditions placed upon it are consistent with the
following criteria:
(a)
infrastructure including sidewalks, water supply, sanitary and storm sewers, roads, and
street lighting shall meet the appropriate design standards;
(b)
the development shall preserve natural areas where possible;
(c)
pedestrian and vehicle connectivity shall be established or maintained through
the street layout; and
(d)
all parkland to be transferred is appropriate in physical condition and location.
8.3.
Commercial Development
8.3.1. In considering a new commercial development inside or outside the Commercial Zone or the
expansion of an existing commercial development inside or outside the Commercial Zone as a
special permitted use, Council shall ensure the development and the conditions placed upon it are
consistent with the following criteria:
(a)
proposed operations shall not create significant impacts on the noise, and traffic of the
surrounding area;
(b)
the proposed use shall not present significant environmental concerns on the
contamination of water, soil and air;
(c)
ventilation and outdoor lighting shall not be directed towards abutting residential uses;
(d)
outdoor components of the commercial use--such as, but not limited to, customer
seating--located in a yard abutting a residential use shall be screened from view of
the abutting residential use by means of a fence or suitable vegetation;
(e)
all businesses shall be responsible for establishing structures which conceal
waste disposal bins; and
(f)
the architectural design of the building shall be consistent with neighbouring buildings.
8.4.
Home-based businesses
8.4.1. In considering a new home-based business or the expansion of an existing home-based
business as a special permitted use, Council shall ensure the development and the conditions
placed upon it are consistent with the following criteria:
(a)
proposed operations shall not create significant impacts on the noise, and traffic of the
surrounding area; and
(b)
any changes to the public façade(s) shall be reasonably consistent with neighbouring
buildings.
8.5.
Light Industrial Development
8.5.1. In considering a new light industrial development or the expansion of an existing light industrial
development as a special permitted use, Council shall ensure the development and the conditions
placed upon it are consistent with the following criteria:
(a)
the proposed use shall not create significant impacts on the odour or noise of the
surrounding area; and
(b)
the proposed use shall not present significant environmental concerns on the
contamination of water, soil and air.
8.5.2.
In consideration of an application pursuant to 8.5.1, Council may consult with the Government
of Canada or the Province or other qualified professionals.
8.6.
Intensive Livestock Operations
(a) Intensive Livestock Operations shall not be permitted in the Municipality.
8.7.
On-site Animal Processing
8.7.1. In considering on-site animal processing of meat or fish products as a special permitted use,
Council shall ensure the development and the conditions placed upon it are consistent with the
following criteria:
(a)
the proposed use shall not create significant impacts on the odour or noise of the
surrounding area;
(b)
the proposed use shall not create significant environmental concerns on
the contamination of water, soil and air; and
(c)
the proposed operations shall, as applicable:
i)
Meet standards set by the Slaughter House Regulations set out by the Public
Health Act; or
ii)
Meet standards set out by the Fisheries Act.
8.8.
Places of Worship
8.8.1. In considering places of worship as a special permitted use, Council shall ensure the
development and the conditions placed upon it are consistent with the following criteria:
(a)
proposed operations shall not create significant impacts on the noise, and traffic of the
surrounding area.
8.9.
Grouped Dwellings
8.9.1. In considering grouped dwellings as a special permitted use, Council shall ensure the
development and the conditions placed upon it are consistent with the following criteria:
(a)
the density of the development shall not exceed one dwelling unit per 750
square metres of lot area;
(b)
all utility equipment shall be enclosed within a building or screened from the
street. Utility equipment includes, but is not limited to, utility boxes, meters, and air
compressors;
(c)
enclosed facilities for solid waste shall be provided for the use of residents. These
facilities shall accommodate the number of waste stream collections (e.g. garbage,
compost, recycling) provided in the municipality at the time of permitting. These may
be provided as a central collection point or, where appropriate, individual facilities
for each dwelling unit. Adequate access shall be provided to the solid waste
collection facilities;
(d)
areas not used for structures, solid waste handling, automobile parking and circulation,
or pedestrian walkways shall be landscaped. Such landscaping shall consist, at a
minimum, of sod but may also include decorative grasses, trees, shrubs, flowers,
mulch, fountains, ponds, and/or decorative pavers; and
(e)
the primary entrance(s) of all dwelling units shall be connected to the nearest street
right-of-way and to any adjacent active transportation route identified in a municipal
active transportation plan by means of a barrier-free (accessible) pedestrian walkway
at least 1.5 metres in width and paved with asphalt, concrete, bricks, or interlocking
pavers.
9. General Provisions for Subdividing
Land
9.1.
Subdivision Approval
9.1.1. 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 met and the
applicant has received final approval from the Development Officer, as applicable.
9.2.
Conveying Interest in a Lot
9.2.1.
No Person shall sell or convey any interest in a lot in a subdivision before the
Development Officer has issued a stamp of final approval for the subdivision in which
the lot is situated.
9.3.
Permission to Subdivide
9.3.1.
No land shall be subdivided within the Municipality 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 or contribute to undue flooding or erosion or other undue
damage to the natural environment;
(d)
consists of lots meeting the minimum required frontage onto a street
under the provisions of the relevant zone, unless Council varies those
requirements under the provisions of subsection 4.6.2;
(e)
has adequate utilities and services available or can be conveniently provided
with such utilities and services;
(f)
will reasonably conform to or is compatible with existing land use in
the immediate vicinity;
(g)
will provide for safe traffic flow;
(h)
is designed so that lots will have suitable dimensions, shapes, orientation and
accessibility;
(i)
is suitable to the use for which it is intended, and the future use of adjacent
lands; and
(j)
would not precipitate premature development, cause unnecessary
public expenditure, or place undue pressures on the Municipality to provide
services.
9.4.
Procedure
9.4.1.
Any person seeking approval of a Subdivision shall first make application for preliminary
approval, and shall be required to submit to the Development Officer, along with the
application in the form approved by Council, the application fee which has been
established or altered by Council and which is set forth in Appendix C, and four (4)
copies of a preliminary subdivision plan drawn to scale showing:
(a)
the true shape and dimensions of every lot;
(b)
the location of every existing building or structure on the parcel;
(c)
existing and proposed services and utilities;
(d)
proposed widths and locations of all streets;
(e)
location of land proposed for recreation and public open space use;
(f)
existing and proposed public shoreline access; and
(g) the existing use of the land and all immediately adjacent properties, showing buildings,
fields, streams, rivers, swamps, wooded areas and areas subject to flooding or
erosion.
9.4.2. The Development Officer may also require the applicant to provide additional information,
prepared by the appropriate professional, required to assist in evaluating a proposed subdivision,
including, but not limited to:
(a)
soil testing;
(b)
contours and spot elevations;
(c)
traffic surveys; and
(d)
a stormwater management plan.
9.4.3. The Development Officer shall notify the applicant, in writing, if the application is incomplete or
lacking in plan details, and shall indicate any additional information or documentation
required.
9.4.4. The Development Officer may refuse to approve a subdivision which is unsuitable under
the provisions of this Bylaw.
9.4.5. The Development Officer shall evaluate any proposed subdivision to determine whether
appropriate street design standards and lot configurations have been used to promote the
development of safe, convenient and pleasant neighbourhoods.
9.4.6. The Development Officer shall within twenty (20) working days of the date of receiving the
application and appropriate fees, advise the applicant in writing that the subdivision has
obtained preliminary approval with certain specific conditions, or that the subdivision cannot be
given preliminary approval, and shall state the reasons for the decision.
9.4.7. Preliminary approval for any proposed subdivision shall not be construed as final approval of such
subdivision for legal conveyance or for land registration purposes.
9.4.8. Preliminary approval shall be effective for a period of 12 months.
9.5.
Parkland Dedication and / or Fee
9.5.1. A person seeking to subdivide four (4) or more lots, simultaneously or sequentially, exclusive of
the parent parcel, shall be required to dedicate and convey to the Municipality 10% of the lands
being subdivided from the parent parcel for recreation and public open space purposes, subject to
the following:
(a)
the location and physical condition of the parkland to be conveyed shall be at
the discretion of, and shall be subject to approval by Council;
(b)
The parkland shall front onto a street or a trail accessible to the public;
(c)
the parkland shall be free of all encumbrances; and
(d)
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
(e)
The subdivision of the four (4) lots do not need to be approved as part of one
subdivision application; rather, after three (3) lots have been subdivided from any
parent parcel, then prior to the approval of any further lot subdivisions from the same
parent parcel, 10% of the area of all subdivided lots (including the first three) must
be dedicated or conveyed to the Municipality, notwithstanding that the ownership of
the parent parcel may have changed.
9.5.2. Where a subdivision is proposed within a coastal area, the Council shall require that conveyed
parkland maintains a minimum of one (1) access to the shoreline, where feasible and appropriate.
9.5.3. The Council may, at their discretion, accept a park dedication fee in lieu of land and equal to ten
percent (10%) of the land assessment of the subdivided lands, which sum shall be specifically
designated for the purchase, development, or maintenance of public parklands in the
Municipality
9.5.4. Council may, where Council determines that a combination of parkland and cash-in-lieu payments
is in the best interests of the Municipality, require that the parkland dedication be in the form of a
combination of land and cash of an equivalent value.The park dedication fee shall be calculated
on the projected value of the lands being developed including all infrastructure costs upon final
approval of the development and shall not take into account value of structures on such lands.
The Council retains the right to use the Province's Land Valuation and Assessment Division in
determining the assessed value of the land.
9.6.
Servicing
9.6.1. The Council may require that new subdivisions be connected to the central water and sewer
systems at the developer's expense as a condition of subdivision approval. Developers may also
be required to contribute to the capital costs for improvements to the central services necessary
to accommodate the proposed development where a capital contributions policy has been
adopted by Council.
9.6.2. Subdivisions in Central Core, Commercial, Single-Unit Residential and General Residential Zones
shall be required to connect to the central water system and, if feasible, the central sewer system,
at the developer's expense.
9.7.
Public Accesses
9.7.1. All new non-residential developments shall, wherever practical, be integrated, at no cost to
the Municipality, into the Municipality's existing or planned pedestrian and active
transportation accesses, parking, and recreation and public open space network.
9.8.
Subdivision Agreement
9.8.1.
An applicant shall be required to enter into a subdivision agreement as a condition of
subdivision approval when applying to subdivide four (4) or more lots, cumulatively, from
the same parent parcel. The subdivision agreement shall cover any matters as required
by the Authority Having Jurisdiction and may include, but not be limited to the following:
(a)
the design and construction costs of sidewalks, water supply, sanitary and storm
sewers, roads, and street lighting;
(b)
the dedication of land for recreation and public open space purposes, or payment of a
fee in lieu of land;
(c)
the building of roads to provincial standards and deeding of roads to the Department of
Transportation and Infrastructure Renewal or its successor;
(d)
the posting of a financial guarantee satisfactory to the Authority Having Jurisdiction;
(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 subdivision;
(g)
the provision for the phasing of the subdivision; and
(h)
the preservation and enhancement of surface water drainage systems.
9.8.2. Any changes to an existing subdivision agreement shall be considered either a special permitted
use or a change of use, whichever is applicable, and shall abide by the relevant process.
9.9.
Final Approval
9.9.1. Final Subdivision approval shall be granted only after the applicant has:
(a)
complied fully with all applicable requirements of this section and any subdivision
agreement between the applicant and the Municipality;
(b)
submitted six (6) copies and one (1) digital copy of a final survey plan showing
all lots pinned and certified by a surveyor registered to practice in the Province;
and
(c)
completed an agreement with the provincial Department of Transportation and
Infrastructure Renewal or successor respecting road construction and the roads have
been accepted as public.
9.9.2. Final approval may be granted to part of a subdivision which is proposed to be developed in
phases.
9.9.3. The Development Officer shall give notice of final approval of a subdivision in writing, and shall
place the Municipality's seal and stamp of final approval on the six copies of the survey plan, and
shall return one copy to the subdivider.
9.9.4. The Development Officer shall file copies of the final survey plan with:
(a)
the Registrar of Deeds;
(b)
the Department of Transportation and Infrastructure Renewal or its successor;
(c)
the Development Officer; and
(d)
the local utilities, as required.
9.10.
Severances / Consolidation
9.10.1. Notwithstanding the above provisions, applications for final approval may be submitted,
without the preliminary approval stage of the application process, for single lot
subdivisions, boundary line adjustments, partial lots or easements and lot
consolidations or subdivisions which do not require the extension of municipal services
or public roads, having regard for those provisions of this Bylaw for the approval of
Subdivisions as may be applicable, and provided the application otherwise conforms to
the Bylaw.
9.11.
Development Permits
9.11.1. Development permits shall not be issued for any lot in a proposed subdivision until all
the requirements of the subdivision agreement and of this Bylaw have been fulfilled and
final subdivision approval has been granted.
9.12.
Rescinding or Altering Approval
9.12.1. An existing approved subdivision or portion thereof may be rescinded or altered by the
Development Officer if:
(a)
the subdivision has been carried out contrary to the application, the conditions of
approval, or these regulations; or
(b)
the subdivision owner has confirmed in writing that the sale of lots is no
longer intended, and has requested that approval be rescinded.
10. Penalties
10.1.
Penalties
10.1.1. Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on
summary conviction. Enforcement and the collection of fees shall be in accordance with Part 9
of the Municipal Government Act.
10.1.2. Any prosecution for an offence under Subsection 10.1.1 above may be initiated within six (6)
months after the time when the contravention occurred.
11.Repeal
11.1.
Effective Date
11.1.1. This Bylaw shall come into force effective on the date it is signed by the Minister responsible
for the Planning Act.
11.2.
Repeal
11.2.1. The Community of Victoria Zoning & Subdivision Control (Development) Bylaw #414 (enacted
October, 2014), all previous versions, and all amendments thereto are hereby repealed.
12.Official Plan and Bylaw
Amendments
12.1.
Amendment Applications
12.1.1. 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.
12.1.2. A change to either the text or the Zoning Map of this Bylaw is an amendment and any
amendment shall be consistent with the policies of the Official Plan.
12.1.3. An application under this section shall include such information as may be required for the
purpose of adequately assessing the desirability of the proposal, including but not limited to
(a)
general Development concept showing proposed land Uses, any Subdivisions,
Buildings, means of servicing, traffic access and parking; and
(b)
assessment of any potentially significant Development impacts on the
Municipality's infrastructure and the natural environment
12.1.4. The Applicant shall, at the time of submitting the application, deposit with the Municipality the
application fee and any other required fees in accordance with the schedule of fees established
by Council and annexed hereto as Schedule C.
12.1.5. Council shall determine whether or not to consider a Development Bylaw amendment and before
making a decision shall consider whether:
(a)
The proposed amendment is in conformity with the Official Plan; or
(b)
The proposed amendment would require also amending the Official Plan in
accordance with the provisions of the Planning Act.
12.1.6. Related Official Plan and Bylaw amendments may be considered concurrently, provided that the
public and written notices required under section 12.3 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.
12.2.
Amendment Procedures
12.2.1. Planning Board shall review each amendment request and provide recommendations to Council
12.2.2. Prior to making a final recommendation with regards to a proposed amendment to the Official Plan
or this Bylaw, Planning Board shall provide public notice and hold a public meeting in accordance
with the provisions of section 12.3 in this Bylaw and the requirements of the Planning Act
12.2.3. Following the public meeting, Planning Board shall consider the feedback received from the public
by way of written responses and comments made at the public meeting. The Applicant may be
provided another opportunity to present to Planning Board to answer any further questions that
may have arisen at or following the public meeting. Planning Board shall make a recommendation
to Council on the application.
12.2.4. Planning Board and Council shall consider the following general criteria when reviewing
applications for amendments to the 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; the impact of transitioning rural
lands to more intensive Development Use on existing Farm and resource operations,
where applicable;
(e)
any comments from residents or other interested Persons;
(f)
adequacy of existing water, sewer, Street, stormwater, and parklands 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, scenic and Historic Resources;
(i)
impact on the Municipality's finances and budgets; and
(j)
other matters as considered relevant by the Planning Board or Council.
12.2.5. Following the public meeting and after having considered the recommendation of 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.
12.2.6. All amendments to the Official Plan or this Bylaw shall be made in accordance with the
procedures set out in the Planning Act.
12.2.7. The Development Officer shall notify the Applicant in writing of the decision and the decision
shall be posted on the Municipality's website in accordance with section 23.1 of the Planning Act.
Where a proposed amendment has been denied by Council, the reasons for the denial shall be
stated in writing to the Applicant.
12.2.8. No Development Permits or Subdivisions related to a proposed amendment shall be
approved until the approval from the Minister responsible for administering the Planning Act or
any successor legislation has been granted for the necessary amendments where so
required.
12.2.9. 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.
12.2.10.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 12.1.4 shall be returned to the Applicant.
12.2.11.Nothing in this Bylaw restricts the right of Planning Board or Council to initiate its own amendment
to the Official Plan or this Bylaw.
12.3.
Public Meeting Requirements
12.3.1. Where a public meeting is required under this Bylaw the Development Officer and Chief
Administrative 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 Municipality's website; and
(b)
Ensure that the following written notice is provided:
i)
where the subject of the meeting is an application for a Variance pursuant to
subsection 7.1.3, to all Property Owners wholly or partially within 122 m. (400
ft.) of all boundaries of the subject Property;
ii) where the subject of the meeting is an amendment to the Official Plan or this
Bylaw in relation to the subject Property, to all Property Owners wholly or
partially within 60 m. (196.9 ft.) of all boundaries of the subject Property;
iii) where the subject of the meeting is an application for a Special Event, to all
Property Owners whose Properties are adjacent to the subject Property.
12.4.
Zoning and Future Land Use Map Revisions
12.4.1. The Development Officer may make technical revisions to the Zoning Map and the general 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 general Future Land Use Map reflect approved
amendments to the Official Plan and Bylaw.
13. Definitions
In this Development Bylaw, italicized words carry the defined meaning set forth in this
section. Words that are defined in this section but are not italicized when used in the
Development Bylaw carry their ordinary meaning.
In this Bylaw:
Accessory Building means a separate subordinate building which is used or
intended for the better or more convenient enjoyment of the main building to which it
is accessory, and located upon the parcel of land upon which such building is to be
erected. An Accessory Building may include an Accessory Dwelling, but otherwise is
not used for human habitation.
Accessory Dwelling (See Dwelling, Accessory)
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.
Accommodation means a building or group of buildings not intended for residential
use where sleeping facilities are provided for persons and which may also contain
recreational facilities, commercial use and additional facilities including but not limited
to eating establishments, drinking establishments, room service, meeting rooms,
public convention rooms, and laundry service, but does not include short-term
rentals, or bed and breakfast operations, or tourist cottages.
Aquaculture means the use of water, land and buildings for the farming of aquatic
organisms such as fish, crustaceans, molluscs and aquatic plants.
Agricultural Use means a use of land and buildings for farming, dairying, pasturage,
agriculture, apiculture, floriculture, horticulture, and animal and poultry husbandry and
the necessary accessory uses for packing, storing or treating the produce.
Alter or Alteration means to make a change in the site, shape, bulk or structure,
whether interior or exterior, of a building or any part thereof, but does not include
repairs carried out for the purposes of maintenance or non-structural renovation or
improvement.
Animal Kennel any part of a lot, building structure or establishment where domestic
animals excluding livestock are kept, bred, boarded or trained for profit or gain for the
purposes of breeding, boarding, grooming, commercial, or animal welfare purposes.
Animal Kennel Run shall mean a fenced area provided for the use of domestic
animals housed in a structure.
Apartment Dwelling (See Dwelling, Apartment)
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 Province, Council, the Development Officer or
an agent of the Rural Municipality of Victoria, as applicable to the context.
Barrier-free means the design of buildings, structures, products or the environment
which make them accessible to all users, regardless of age, ability, or other factors.
Bed and Breakfast Operation means a single-detached dwelling where the
proprietor lives on-site and where up to four (4) rooms are rented or hired out to
provide overnight accommodation with breakfast or meals to the travelling public for
monetary gain and does not include facilities open to the general public such as
meeting rooms, restaurants or entertainment facilities. This definition shall exclude
accommodations and short-term rentals.
Buffer Zone means the fifteen 15 metre wide area adjacent to all Watercourses and
Wetlands as per PEI Department of Environment, Labour and Justice, Environmental
Protection Act, R.S.P.E.I. 1988, Cap. E-9 and Watercourse and Wetland Protection
Regulations.
Building includes any structure having a roof supported by columns or walls
intended for the shelter, housing or enclosure of any person, animal or chattel, and
includes an existing mobile home.
Building Height means the vertical distance measured from the averaged finished
grade to the highest point of roof surface.
Building Line means any line regulating the position of a building or structure on a
lot.
Business or Professional Office means premises where services are offered for a
fee but do not include premises used for the retailing, wholesaling, manufacturing or
conversion of goods.
Change of Use means the change of use of a parcel of land or a building from one
class of use to another or an increase in the intensity of use, including an increase in
the number of dwelling units.
Chemical Plants means a building or structure used for the manufacturing, storage
or distribution of hazardous materials and controlled products according to the
Federal Hazardous Products Act.
Cladding means a covering or coating on a building structure.
Coastal Hazard Assessment means a summary report issued by the Province
describing the potential erosion and flood hazards associated with a coastal Property.
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 level, as identified by the
Province.
Commercial Activities means the use of land, buildings or structures for the purpose
of buying and selling commodities and supplying of services, excluding
manufacturing, warehousing and other similar uses.
Community Garden means a piece of land gardened or cultivated by a group of
people individually or collectively, and coordinated by a dedicated non-profit
community group, whether formally incorporated or an informal voluntary association.
Each community garden is unique with different numbers of garden plots, costs for
plots and availability.
Consolidation means the legal incorporation of two or more existing Parcels of land
to form a single, larger Parcel.
Council means the representative Council of the Rural Municipality of Victoria, in
accordance with the Municipal Government Act.
Councillor means any resident who has been duly elected and sworn to office for the
Rural Municipality of Victoria in order that such resident may execute those duties as
prescribed by the law.
Deck means a structure intended as outdoor living space, either attached or adjacent
to a building.
Demolition or Demolish means the removal, pulling down or destruction of 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;
iii)
viewscapes; or
iv)
development approved pursuant to subsection 9(1) of the
Environmental Protection Act.
Development means the carrying out of any construction operation, including
excavation, in preparation for building, on, over or under land, or the making of any
material change in the use, or the intensity of use of any land, buildings, or premises
and includes the placing of structures on, over or under land.
Development Agreement means a legally binding written agreement between
Council and a developer, covering such matters deemed by council to be pertinent
and necessary to the final approval of any development or subdivision of property
within the Municipality.
Development Officer means any person authorized by Council to act on its behalf
with respect to the implementation of the Municipality's Official Plan and Zoning and
Subdivision Control Bylaw.
Development Permit means the formal and written authorization for a person to
carry out any development including alterations or erections of a building or structure,
except where such alterations or erections are in conformance with this Bylaw and
subject to the provisions contained herein.
Dog House shall mean any building or structure where dogs are kept by residents as
pets and not for breeding, boarding, commercial, or animal welfare purposes.
Dog Run means a fenced area provided for the use of dogs which are kept by
residents as pets and not for breeding, boarding, commercial or animal welfare
purposes.
Domestic Animals means animals such as and including dogs, cats, budgies,
parrots, parakeets, hamsters, gerbils and guinea pigs.
Domestic Arts means a vocation that can be carried out in a dwelling unit which
shall include and be limited to:
(a) dressmaking and tailoring;
(b) hairdressing, barber shop and esthetics;
(c) instruction in the arts; and
(d) arts and crafts, weaving, painting, sculpture, and repair of garden
or household ornaments, personal effects or toys.
Dormer with reference to a roof, means a window that projects vertically from a
slopping roof.
Drive-through means a place or facility where one can be served without leaving
one's car.
Duplex Dwelling (See Dwelling, Duplex)
Dwelling means a building or portion thereof containing one or more Dwelling Units,
and which is designed, arranged, designated or used for residential occupancy, but
does not include hotels and motels.
Accessory Dwelling means a dwelling that contains one dwelling unit and is
located on a lot with, and as a subordinate dwelling to, a single-unit dwelling,
duplex, or semi-detached dwelling.
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 or Duplex means a building containing two dwelling units,
arranged with one unit being wholly or partially above the other, each of which
has an independent entrance either directly from outside or through a common
vestibule.
Grouped Dwelling means more than one residential building except accessory
dwellings, located on a lot.
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 into two separate dwelling
units, side-by-side, each with its own street frontage and outdoor entrance.
Single-Unit or Single-Detached Dwelling means a building designed or used
for occupancy as one dwelling unit and includes a modular home but does not
include a mobile 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.
Dwelling Unit means one or more habitable rooms designed or intended for use by
one or more individuals as an independent and separate housekeeping
establishment for one or more persons, including permanent provisions for living,
sleeping, cooking and sanitation.
Entertainment Establishment means an establishment providing musical, dramatic,
dancing or cabaret entertainment and/or facilities where alcoholic beverages may be
served and includes supplementary food service. This term refers to uses such as
theatres, cinemas, auditoria, and theatre restaurants.
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, and may comprise a lesser area when operated as
a farm enterprise by a bona fide farmer as defined in the Real Property Assessment
Act, R.S.P.E.I. 1988, Cap. R-4.
Farm Enterprise for the purposes of these regulations has the same meaning as set
out in the Real Property Assessment Act, R.S.P.E.I. 1988, Cap. R-5.
Farm Gate Outlet means an accessory use located on a property for sale only of its
own agricultural or garden products and excluding sale of products not grown on the
premises, or any non-farm or garden products, and excluding a plant nursery.
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.
Fish Truck means a mobile unit or vehicle used by core fishers to sell freshly caught
fish and seafood directly to consumers under a fish peddler's license.
Flankage see Yard and Lot Line
Floor Area means:
(a) with reference to "dwelling" the area contained within the outside
walls excluding any private garage, porch, veranda, sunroom,
greenhouse, unfinished attic, unfinished basement, and other
rooms not habitable at all seasons of the year;
(b) with reference to "commercial building" the total usable floor area
within a building used for commercial purposes excluding
washrooms, furnace rooms and common halls between stores; or
(c) with reference to accessory building the area contained within the
outside walls.
Frontage means all land abutting on one side of a street or road measured along the
street or road line. For lots located on the outside curve of a road or on a cul-de-sac,
frontage shall be measured at a distance 6 metres (20 feet) from the front lot line
along the side lot lines.
Glazed means a building, structure or architectural feature fitted with panes of glass.
Grade (as it applied to the determination of building height) means the lowest of the
average levels of finished ground adjoining each exterior wall of a building, except
that localized depressions such as for vehicle or pedestrian entrances need not be
considered in the determination of average levels of finished ground.
Group Home means a building recognized as such by the Minister of Health and
Wellness or its successor, for accommodating individuals.
Grouped Dwelling (See Dwelling, Grouped)
Heritage designated means a property designated as a heritage property under the
Provincial Heritage Places Protection Act, which may not have exterior alterations
done, or be demolished, without approval from the relevant Minister.
Heritage registered means a property of heritage value recognized under the
Provincial Heritage Places Protection Act, which has no restrictions to prevent
exterior alteration or demolition arising imposed on it by the Act.
Home-based Business means the accessory use of a primary dwelling, or of a
building accessory to a primary dwelling, for an occupation or a business conducted
for profit, involving the production, sale or provision of goods and services.
Institutional Buildings means premises, other than retail or industrial, used for
community services and includes but is not limited to the following uses:
(a) Child care facilities;
(b) Community centres
(c) Fire halls
(d) Government offices
(e) Libraries, museums, theatres and art galleries
(f) Lighthouses
(g) Medical clinic and hospitals for the treatment of physical and
mental health
(h) Places of worship and religious institutions
(i) Public and private recreational centres
(j) Residential facilities
(k) Schools
(l) Visitor information building
Intensive Livestock Operations means places where livestock are found in a
density greater than seven animal units per acre in a confined area to which the
livestock have access, with the calculation of animal units as defined by the Province.
Licensed Premises means any lounge, brew-pub, micro-brewery, winery, or distillery
as defined in the Liquor Control Act Regulations R.S.P.E.I. 1988, Cap. L-14 and any
subsequent changes to those regulations.
Light Pollution means any adverse or intrusive effect of artificial light sources
including sky glow (illumination of the night sky), glare, light trespass (unwanted light
entering one's property), light clutter (excessive grouping of lights), decreased
visibility at night, and energy waste. Also means any annoying light that intrudes on
otherwise natural or low light setting.
Livestock means animals such as and including: horses, cattle, buffalos, sheep,
swine, goats, poultry, fox, mink, chinchilla, rabbits, camelids, llamas, alpacas,
donkeys, emus and ostrich.
Lot (or Property) means any parcel of land described in a deed or as shown in a
registered plan of subdivision, and
(a) Corner Lot means a lot situated at an intersection of and abutting
on two or more streets.
(b) Interior Lot means a lot other than a corner lot.
(c) Lot Depth means the depth from the Front Lot Line to the Rear Lot
Line.
(d) Through Lot means a lot bounded on two opposite sides by
streets.
Lot Area means the total area included within the lot lines.
Lot Line means any boundary of a lot, and
(a) Flankage Lot Line means the side lot line which abuts the street
on a corner lot.
(b) Front Lot Line means the lot line abutting the street upon which
the building or structure erected or to be erected has its principal
entrance.
(c) Rear Lot Line means the lot line further from and opposite to the
front lot line.
(d) Side Lot Line means a lot line other than a front, rear or flankage
lot line.
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.
Major Residential Development means any residential subdivision featuring more
than four lots, cumulatively, on a parent parcel of land, or a residential development
on a single lot featuring more than 10 dwelling units.
Mobile Home means a transportable dwelling unit suitable for long-term occupancy,
designed to be transported on its own wheels and chassis, and, when located, fixed
on a firmly grounded foundation;
Mobile trailer means a trailer that is hooked to the back of a motorized vehicle and
has no self-contained motor.
Mobile Vending Unit means a transportable vehicle, trailer, push cart, or stand
designed for the purpose of selling goods of any description or providing any type of
entertainment, including a mobile canteen or food truck, but does not include a fish
truck.
Moulding means a defining, transitional, or terminal element that contours or outlines
the edges and surfaces on a projection or cavity, and shall include a cornice,
architrave, capital, arch, base or jamb.
Multiple Attached Dwelling (See Dwelling, Multiple Attached)
Municipality means the Rural Municipality of Victoria.
Outdoor Display means the use of land to show, exhibit or make visible products,
goods or equipment for the purpose of sale or promotion.
Outdoor Storage means the storage of goods, equipment or materials outside of a
building for any purpose other than outside display.
Owner means a person who legally owns a lot and is a registered land owner; and
may include or encompass, a tenant, lessee, or other person in possession or
occupancy of the subject lot or building; or an executor, administrator, trustee, agent,
or other person managing the subject lot or building for the registered owner.
Parent Parcel means an approved parcel of land legally existing on the effective date
of this Bylaw.
Parking Lot means an open area of land other than a street or access driveway, or
an area within a structure used for the parking of vehicles.
Parking Space means a space on a parking lot for the temporary parking or storage
of a vehicle.
Personal Service Shop means a building in which persons are employed in
furnishing services and otherwise administering to the individual and person needs of
persons (including but not limited to: barbershop, hairdressing shops, beauty
parlours, shoe repair, laundromats, tailoring, dry-cleaning, etc.).
Phase means to develop a parcel of land over time in a series of prescribed stages;
or one of such stages.
Place of Worship means a place dedicated to religious worship and may include,
but is not limited to, halls or auditoriums for religious gathering, accessory office
space for administrators, day nurseries operated for patrons, and classroom space
for religious instruction.
Principal Residence means a residential unit owned or rented by a natural person,
alone or with others, where the natural person is ordinarily resident and makes their
home and conducts daily affairs, including but not limited to paying bills and receiving
documentation related to identification, taxation, insurance, driver's licenses, income
tax returns, medical plans, vehicle and voter registration, or similar information; and
the natural person has no other property designated as such within the Municipality
or any other jurisdiction
Private right-of-way means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a non-governmental entity.
Processing means the transformation of raw ingredients into food, or of food into
other forms. Involves taking clean, harvested crops or butchered animal, fish or other
aquatic products and using these to produce attractive, marketable and often long
shelf-life food products.
Public Façade means any side of a building facing the street, including front and
flankage yards.
Public Open Space means land which may be used for recreational or other outdoor
leisure activities by the general public.
Recreational Trailer or Vehicle means a vehicle which provides sleeping and other
facilities for short periods of time, while traveling 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.
Renovation means any change in a non-structural component of a building or
structure and does not include a change in a structural component, or any increase or
decrease in the volume of a building or structure.
Residential Facility means a building or part of a building operated as one
integrated facility in which accommodation is provided to individuals and that includes
additional care and services for residents, such as, but not limited to, medical care,
supervisory or personal care, and counselling. This includes supportive housing,
transitional housing, nursing homes, long-term care facilities, rooming homes,
emergency shelters, and similar uses, but shall not include a facility that is licensed
by or under contract to Corrections Canada or Prince Edward Island Correctional
Services, or successor bodies.
Resource Uses means any uses involving the processing or storing of natural
resource materials including but not limited to agricultural, forestry, fishing and mining
resources and shall include the production of agricultural products and the keeping of
farm animals, but shall not include related industrial uses such as processing plants.
Restaurant means buildings or structures or part thereof where food and drink is
prepared and offered for sale to the public.
Retail Store means a building or part thereof in which foods, goods, wares,
merchandise, substances, articles or things are offered or kept for sale directly to the
public.
Rezoning means the changing of one land zone classification to another.
Roof means the structure forming the upper covering of a building or structure, and
(a) "Gable Roof" means a roof where two sections slope in opposite
directions, such that the highest, horizontal edges meet to form
the roof ridge.
(b) "Cross Gable Roof" means a roof where two or more gable
rooflines intersect at an angle, most often with two ridges placed
perpendicular to one another.
(c) "Gambrel Roof" means a roof consisting of two symmetrical
sections with two slopes on each side, such that the highest
edges meet to form the roof ridge. The upper slope is positioned
at a shallow angle, while the lower slope is steep.
(d) "Hip Roof" means a roof where four sections slope downwards to
the walls.
Semi-Detached Dwelling (See Dwelling, Semi-Detached)
Setback means the horizontal distance between the specified lot line and the nearest
main wall of any building or structure, except fences, and extending the full width or
length of the lot.
Sewer System means any system or part thereof for disposing of sewage or waste
by means of one or more settling or septic tanks and one or more disposal fields, and
any other system or part thereof for sewage or waste disposal directly connected or
not to the Municipality's central waste treatment system.
Short-term Rental means the rental for a period of less than 28 consecutive days of
an entire Dwelling Unit or a portion of a Dwelling Unit that either serves as the
operator/host's principal residence, or that is accessory to the operator/host's
principal residence.
Sign means a structure, device, light or natural object including the ground itself, or
any part, or any device attached, or painted or represented on which shall be used to
advertise, or attract attention to any object, product, place, activity, person, institution,
organization, firm, group, commodity, profession, enterprise, industry or business, or
which display or include any letter, work, model, number, banner, flag, pennant,
insignia, device or representation used as an announcement, direction, or
advertisement, and which is intended to be seen from off the premises or from a
parking lot.
Single-Unit or Single-Detached Dwelling (See Dwelling, Single-Unit or Single-
Detached)
Site Plan means a plan drawn to a suitable architectural scale showing details of
existing and proposed features on a parcel of land which is the subject of an
application for development.
Solar Array means a system of any number of solar collectors (either photovoltaic or
solar thermal) and associated mounting and electrical equipment. The capacity of a
photovoltaic solar array is considered to be the aggregate nameplate capacity of all
associated photovoltaic 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.
Stacked Townhouse Dwelling (See Dwelling, Stacked Townhouse)
Storage Depot means a storage facility, warehouse and/or outdoor area used for
storage of goods.
Street, Road or Highway means all the area within the boundary lines of every road,
street or right-of-way which is vested in the Province of Prince Edward Island 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. (Distinct
from Private right-of-way)
Streetscape means the buildings, street furniture, open space, parks, street surface,
trees, water bodies or streams, and other features that add to or make up the
physical features of a Municipal street block or portion thereof, and streetscape also
means, when applied to an individual property, the overall visual appearance of that
individual property from the street.
Structure means any construction, including a building, that is 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.
Subdivider means the owner of a parcel of land which is being subdivided, or their
authorized agent. "Subdivide" shall have a corresponding meaning.
Subdivision means a division, consolidation, or other re-configuration of a lot(s) or
parcel(s) for the purpose of development and/or transfer of ownership or interests.
Subdivision Agreement means a legal document describing a two-party agreement
between a subdivider and the Authority Having Jurisdiction, the subject of which
pertains to actions to be taken in the subdividing of a Parcel of land.
Survey Plan means an appropriately scaled drawing of survey details certified by a
Prince Edward Island 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
metres (3 feet) or more at any point and having a minimum surface area of 10 square
metres (108 square feet).
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, and
includes a mobile vending unit.
Tourist Cottage means a group of two or more buildings not intended for residential
use where sleeping facilities are provided for persons and which may also contain
additional facilities including but not limited to recreational offerings, laundry service,
and commercial uses, but does not include accommodations, bed and breakfast
operations, or short-term rentals.
Townhouse Dwelling (See Dwelling, Townhouse)
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 Building means a building that houses stationary equipment for telephone,
electric power, public water supply, or sewage services.
Verandah means a roofed platform projected along the outside of a building, level
with the ground floor, and shall include a porch.
Watercourse shall have the same meaning as defined under the Environmental
Protection Act, R.S.P.E.I. 1988, Cap. E-9, Watercourse and Wetland Protection
Regulations and in the case of any dispute the final determination shall be made by
the Provincial Department having authority to enforce these regulations. More
particularly defined as "an area which has a sediment bed and may or may not
contain water, and includes the full length and width of the sediment bed, bank and
shore of any stream, spring, creek, brook, river, lake, pond, bay, estuary or coastal
body."
Wetland shall be defined as noted above under "watercourse".
Wind Energy System a wind energy conversion system consisting of a wind turbine
including the rotor and associated control or conversion electronics to convert wind
mechanical energy to electricity.
Yard means an open, uncovered, unoccupied space appurtenant to a Building, and
(a) Flankage Yard means a yard extending the depth between the front yard
and rear yard and between the flankage lot line and the main walls of
the main building facing the flankage lot line.
(b) Front Yard means a yard extending across the full width of the lot
between the front lot line and main walls of the main building facing
the front lot line
(c) Rear Yard means a yard extending across the full width of the lot
between the rear lot line and the main walls of the main building
facing the rear lot line.
(d) Side Yard means a yard extending the depth between the front yard and
rear yard and between the side lot line(s) and the main walls of the main
building facing the side lot line(s), exclusive of any chimney breast.
Zone means an area of land designated under this Bylaw within which specific land
uses are permitted and others restricted or prohibited.
Zoning Map(s) means the map(s) included within Appendix A to this Bylaw or as
amended from time to time, depicting the boundaries of all land use zones.
14. Appendices
14.1.
Appendix A: Zoning Maps
The Zoning Map shows the boundaries of all zones currently within the Municipality, corresponding with
the regulations included in this Development Bylaw. Also included is a map which indicates overlay
zones, where land is subject to the requirements of multiple zones. The Zoning Map must conform to the
Future Land Use Map contained within the Municipality's Official Plan, and properties within the
Community shall only be rezoned in accordance with the land use identified on the Future Land Use Map.
Zoning
Env iro mental
F-bserve
Wellfieìd Protection
General Fbgidential R1
Single- Unit B=side nt ial
SR
Co mmercial
C
Cent Id Core CC
Light Indust rial
M F-ecreatio n
and Public Ope n Space
P Public Se
fvices and Ins\itutio naJ PSI
VICTORIA
HARBOUR
LEGEND:
WPA - WELLFIELD
V¥PB - WELLFIELD
WPC - WELLFIEL D
PROTECTION
PROTECTION
PROTECTION
ZONE A
ZONE B
ZONE C
14.2.
Appendix B: Parking Guidelines
Type of Use
Number of Parking
Spaces Required
Loading Area
Required
Dwellings
1 per dwelling unit
n/a
Accommodations
1 per guest room
n/a
Short-Term Rentals
1 per dwelling unit
(in addition to the 1
parking space
required for the
principal
residence)
n/a
Tourist Cottages
1 per guest room
n/a
Restaurants
(including take-out
operations)
1 per 4.6 square
metres (50 square
feet)
n/a
Business or professional
office
1 per 27.9 square
metres (300 square
feet)
n/a
Warehouse and storage
facilities and other
industrial uses
1 per employee
1 per loading bay
Other commercial uses
1 per 27.9 square
metres (300 square
feet) of floor area
1 per loading bay
Other institutional uses
1 per 37.2 square
metres (400 square
feet) of floor area
n/a
14.3.
Appendix C: Fee Schedule
As per Section 135 of the Municipal Government Act, Council may establish or alter this
Schedule of Fees by resolution.
Notes:
1.
All fees are subject to HST.
2.
All fees are subject to associated costs which may include public meeting costs such as
all advertising, printing and consulting/legal fees. Council shall have the final decision in
determining the total fee of the applicable costs.
3.
All initial fees shall be due with the application.
4.
All fees are non-refundable.
5.
All fees are doubled for an application after the fact.
Permit Type
Fee (subject to notes above)
Development permits
Dwellings, including additions and accessory
dwellings (excluding other accessory buildings)
$300.00
Accessory building
$100.00
Demolition / moving / change of use
$100.00
Decks / pools / fences
$100.00
Special permit use
$200.00 plus any other applicable fees
Permit extension
No charge when received prior to expiration
Subdivision
Lot subdivision application
$250.00/lot
Lot consolidation
$250.00/lot
Lot revision
$250.00/lot
Change of use
$100.00/lot
Other
Official Plan / Bylaw amendments or rezoning
$500.00 plus notification fees for newspaper
ads and/or postage (if applicable)
Variances up to 5%
$50.00
Variances greater than 5%
$100.00
Development agreement
$200.00 plus applicable Provincial
Registration Fees
Subdivision agreement
$200.00 plus applicable Provincial
Registration Fees
Outdoor vending fees
$25.00 (per request)
14.5.
Appendix D: Design Guidelines
Purpose
These design guidelines are required for the Central Core zone, and are voluntary
and encouraged for the Commercial zone. They are intended to communicate the
Municipality's heritage values and provide a clear and concise set of guidelines for
property owners. The community has a strong set of cultural and heritage values, and
these guidelines are part of the effort to respect and protect the historic character of
the Central Core.
The Central Core and Commercial areas iare the social, cultural, and commercial
heart of the Municipality and their character influences the quality of life for all
residents. The following design guidelines support the economic activity within these
areas and foster an attractive and comfortable pedestrian environment which reflects
the unique character of Victoria.
Local Context
This region has a long history of settlement dating back to Mi'kmaq presence at least
10,000 years ago, but the built structure of what is now known as Victoria represents
mainly a Victorian era of European settlers' construction efforts. The existing street
grid of the central core was laid out in the 1860s, and three wharves were soon built
along the waterfront.
Today many of the community's homes date back to the 19th century, with a mix of
Late Victorian Plain, Gothic Revival, and other Victorian home styles. Mixed uses are
traditional to the area, and the central core reflects this today. At the present, 28
properties in the municipality are registered heritage properties, while four are
designated heritage properties, protected under Provincial legislation.
Principles and Features
These selected principles and features are intended to encourage all future
development to respect the area's character, while preserving the authenticity of
heritage properties. The associated architectural guidelines are intended as guidance
for a cohesive and enjoyable built environment and streetscape.
Relevant principles and features include:
a) roof styles;
b) window and door styles;
c)
cladding;
d) the placement of porches and verandahs;
e) symmetry; and
f)
barrier-free entrances and exits.
Architectural Guidelines
14.5.1. Developments within the Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate one of the following roof styles:
a) gable roof;
b) cross gable;
c)
gambrel roof; or
d) hip roof.
Illustrations c/o Houses of Nova Scotia (1989), Allen Penney
14.5.2. Developments within the Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate dormers into roof design.
14.5.3. Developments within the Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate vertically oriented windows on all public
façades.
14.5.4. Developments within the Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate window moulding on all public façades.
14.5.5. Doors on the public façade(s) of commercial uses within the Central Core Zone are required, and
Doors on the public façade(s) of commercial uses within the Commercial Zone are encouraged,
to be fully or partially glazed.
14.5.6. Doors on the public façade(s) of residential uses within the Central Core Zone are required, and
doors on the public façade(s) of residential uses within the Commercial Zone are encouraged, to
be panelled or partially glazed; slab doors are discouraged.
Illustrations c/o Houses of Nova Scotia (1989), Allen Penney
14.5.7. Developments within Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate shingles or horizontal cladding on all public
façades.
14.5.8. Cladding within the Central Core Zone is required, and cladding within the Commercial Zone is
encouraged, to turn corners and extend beyond public façade(s) for a minimum of 2 metres
(6.5 feet), preferably around the entire building.
14.5.9. Developments within the Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate a porch or verandah at ground level on
the public façade, with a height not exceeding one storey.
14.5.10.
Developments within the Central Core Zone are required, and developments within the
Commercial Zone are encouraged, to incorporate complete or partial symmetry in design, through
the placement of features like windows and columns.
Illustrations c/o Houses of Nova Scotia (1989), Allen Penney
14.5.11.Building mechanicals (including but not limited to air conditioning units and heat pumps) are not
permitted on the public façade(s) of buildings in the Central Core Zone, and are discouraged on
the public façade(s) of buildings in the Commercial Zone.
Checklist
Guidelines requrired for Central Core Zone and encouraged for
Commercial Zone
Gable, cross-gable, gambrel or hip roof
Vertical windows on public façades
Moulding around all windows on public façades
Doors on the public façades of commercial buildings fully or
partially glazed
Doors on the public façades of residential buildings paneled or
partially glazed
Shingles or horizontal cladding on public façades
Cladding extends beyond public façades for a minimum of 2
metres