Rural Municipality of West River 2022 Land Use Bylaw #2022-04
West River, Prince Edward Island
· adopted 2022-10-13
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## Rural Municipality of West River
2022 Land Use Bylaw Bylaw #2022-04
Date of Council Adoption
October 13, 2022
Original date of approval by Minister
Amended:
Amendment Number
July 20, 2023
Effective Date
Prepared by SJ Murphy Planning & Consulting, in association with Tracey Wade, RPP, MCIP, and Mitch Underhay
## TABLE OF CONTENTS
| | 1. SCOPE.. ... 1 |
|------------------------------------------|-----------------------------------------------------------|
| 1.1 TITLE.. | .........1 |
| 1.2 AUTHORITY ... | .1 |
| 1.3 AREA DEFINED | ...1 |
| 1.4 PURPOSE.. | .1 |
| 1.5 | SCOPE... ...1 |
| | 1.6 AUTHORITY OF DEVELOPMENT OFFICER .......... .......1 |
| 1.7 PERMITTED USES. | ..2 |
| 1.8 CERTAIN WORDS | ....2 |
| 1.9 UNITS OF MEASURE. | 2 |
| 1.10 SCHEDULES... | 2 |
| 2. DEVELOPMENT ZONES... | 3 |
| 2.1 DEVELOPMENT ZONES .. | .3 |
| 2.2 | INTERPRETATION OF ZONE BOUNDARIES.. 3 |
| 2.3 ZONING MAP ... | .3 |
| 3. ADMINISTRATION. | 5 |
| 3.1 DEVELOPMENT PERMIT REQUIRED.... | ....5 |
| 3.2 | NO DEVELOPMENT PERMIT REQUIRED.. ..5 |
| 3.3 | LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS ... ...6 |
| 3.4 PERMIT APPLICATIONS .. | 6 |
| 3.5 SITE PLAN... | ..7 |
| 3.6 OTHER INFORMATION.. | ...8 |
| 3.7 SURVEYS REQUIRED.. | ..8 |
| 3.8 | STORMWATER MANAGEMENT PLAN.... ...9 |
| 3.9 | BUILDING DESIGN DRAWINGS... ..10 |
| 3.10 CONDITIONS AND CAVEATS ON PERMITS.. | ...10 |
| 3.11 FIRE MARSHAL APPROVAL... | .10 |
| 3.12 DEVELOPMENT AGREEMENT... | ..10 |
| | 3.13 AUTHORIZATION FOR INSPECTION .11 |
| | 3.14 PERMITS POSTED... ..11 |
| | 3.15 EXPIRY OF APPROVALS .. ..11 |
| 3.16 DEMOLITION OR MOVING PERMITS ..... | ...12 |
|-----------------------------------------------------------|------------|
| 3.17 DEVELOP IN ACCORDANCE WITH APPLICATION | ..12 |
| 3.18 DENYING PERMITS..... | ...12 |
| 3.19 CONSTRUCTION PLAN .. | .13 |
| 4. GENERAL PROVISIONS............ | ....... 14 |
| 4.1 ACCESSORY STRUCTURES ..... | ....14 |
| 4.2 BED AND BREAKFAST AND SHORT-TERM RENTALS | .14 |
| 4.3 BUFFERING..... | ..15 |
| 4.4 BUILDING TO BE ERECTED ON A LOT.. | ...15 |
| 4.5 COASTAL HAZARD ASSESSMENT .... | ..15 |
| 4.6 EXISTING NON-CONFORMING STRUCTURES. | .16 |
| 4.7 EXISTING NON-CONFORMING LOTS... | ..16 |
| EXISTING NON-CONFORMING USES.. 4.8 | ..16 |
| 4.9 FRONTAGE ON A STREET .. | ..17 |
| 4.10 HOME-BASED BUSINESSES.. | ...18 |
| 4.11 KENNELS.. | ..19 |
| 4.12 MAIN BUILDING... | ...19 |
| 4.13 MIXED USES.. | ..20 |
| 4.14 ON-SITE WELLS AND SEPTIC SYSTEMS... | ..20 |
| 4.15 OUTDOOR AREA LIGHTING... | 21 |
| 4.16 PERMITTED USES IN ALL ZONES | .21 |
| 4.17 PETROLEUM STORAGE ... | ..22 |
| 4.18 SECONDARY SUITES .. | ..22 |
| 4.19 SIDE YARD WAIVER... | ...23 |
| 4.20 SOLAR ENERGY SYSTEMS... | ...23 |
| 4.21 TEMPORARY USES, BUILDINGS AND STRUCTURES PERMITTED.. | ...24 |
| 4.22 VISIBILITY AT STREET INTERSECTIONS ... | ..25 |
| 5. PARKING REQUIREMENTS .. | .. 26 |
| 5.1 PARKING REQUIREMENTS ... | ...26 |
| 5.2 PARKING LOT STANDARDS | ..26 |
| 5.3 ACCESSIBLE PARKING.. | .27 |
| 6. RURAL AREA (RA) ZONE..... | ... 28 |
| 6.1 GENERAL.. | .28 |
| 6.2 | PURPOSE.. ...28 |
|-----------------------------------------------|----------------------------------------------|
| PERMITTED USES 6.3 | ..28 |
| 6.4 SITE-SPECIFIC AMENDMENT USES.... | ....28 |
| 6.5 SUPPORTING INFORMATION.. | ..29 |
| 6.6 | LOT REQUIREMENTS... ..29 |
| 6.7 | LIVESTOCK OPERATIONS.. ...30 |
| 6.8 | INTENSIVE LIVESTOCK OPERATIONS ... ..30 |
| 6.9 | EXCAVATION PITS ... ...30 |
| 6.10 WIND ENERGY FACILITIES. | ..30 |
| 7. RURAL RESIDENTIAL (RR) ZONE.. | .... 31 |
| 7.1 GENERAL | ..31 |
| 7.2 PURPOSE | ..31 |
| 7.3 PERMITTED USES.. | ...31 |
| 7.4 SITE-SPECIFIC AMENDMENT USES. | ..31 |
| 7.5 LOT REQUIREMENTS.. | ...31 |
| 7.6 | LIVESTOCK IN RESIDENTIAL ZONES.. .32 |
| | 8. COMMERCIAL INDUSTRIAL (CI) ZONE.. ... 33 |
| 8.1 GENERAL. | .33 |
| 8.2 | PURPOSE ..33 |
| 8.3 | PERMITTED USES.. ..33 |
| 8.4 | SITE-SPECIFIC AMENDMENT USES. .33 |
| 8.5 SUPPORTING INFORMATION... | ...34 |
| 8.6 | LOT REQUIREMENTS... ...34 |
| 8.7 | LANDSCAPED AREAS.... ...35 |
| 8.8 | DWELLINGS IN A COMMERCIAL BUILDING ...35 |
| 8.9 | AUTOMOBILE SERVICE STATION .... .35 |
| 8.10 CAMPGROUNDS AND RV PARKS OR SITES ... | ...35 |
| 8.11 BED AND BREAKFAST AND SHORT-TERM RENTALS | ...36 |
| | 8.12 WIND ENERGY FACILITIES.. ..36 |
| | 9. PARKS AND RECREATION (PR) ZONE... .... 37 |
| 9.1 GENERAL.. | .37 |
| 9.2 PURPOSE...... | ...37 |
| 9.3 | PERMITTED USES .37 |
| 9.4 LOT REQUIREMENTS.. | ...37 |
|---------------------------------------------------------------|---------|
| 9.5 PARKS CANADA NATIONAL HISTORIC SITE. | ..38 |
| 10. ENVIRONMENTAL RISK (ER) ZONE.. | .... 39 |
| 10.1 GENERAL. | ...39 |
| 10.2 PURPOSE.. | ..39 |
| 10.3 BUFFER ZONE.... | ...39 |
| 10.4 WELLFIELD | .39 |
| 10.5 CONTAMINATED SITES ............ | ...40 |
| 10.6 SETBACKS FROM WATERCOURSES, EMBANKMENTS AND WETLANDS | .40 |
| 11. VARIANCES.... | ... 44 |
| 11.1 VARIANCE APPLICATIONS ........ | ...44 |
| 11.2 VARIANCES OF UP TO 5% .. | ..45 |
| 11.3 VARIANCES OF UP TO 10% ..... | ....45 |
| 11.4 VARIANCES IN EXCESS OF 10% .......... | . 45 |
| 12. OFFICIAL PLAN AND BYLAW AMENDMENTS | ... 46 |
| 12.1 AMENDMENT APPLICATIONS ..... | ...46 |
| 12.2 SITE-SPECIFIC AMENDMENTS... | ..46 |
| 12.3 AMENDMENT PROCEDURES........... | ...47 |
| 12.4 PUBLIC MEETING REQUIREMENTS ........ | ...49 |
| 12.5 ZONING AND GENERAL LAND USE MAP REVISIONS | ...49 |
| 13. GENERAL PROVISIONS FOR SUBDIVIDING LAND.... | .... 50 |
| 13.1 SUBDIVISION APPROVAL ... | .50 |
| 13.2 CONVEYING INTEREST IN A LOT .......... | ...50 |
| 13.3 PERMISSION TO SUBDIVIDE........ | ...50 |
| 13.4 REDUCED LOT FRONTAGE OR AREA ... | ..51 |
| 13.5 SUBDIVISIONS IN RA AND CI ZONES ...... | .52 |
| 13.6 SUBDIVISIONS IN THE SPECIAL PLANNING AREA .. | .52 |
| 13.7 SUBDIVISIONS IN COASTAL, WATERFRONT, and WETLAND AREAS.. | ...52 |
| 13.8 CONSERVATION SUBDIVISIONS ........... | .53 |
| 13.9 ROAD STANDARDS.............................. | .53 |
| 13.10 SUBDIVISIONS OF SEMI-DETACHED AND TOWNHOUSE DWELLINGS | .54 |
| 13.11 APPLICATION AND PRELIMINARY APPROVAL PROCESS.. | ..55 |
| | 13.12 PARKLAND DEDICATION AND / OR PARKLAND DEDICATION FEE ... ...57 |
|------------------------------------------------------------------|------------------------------------------------------------------------|
| 13.13 SERVICING... | ...57 |
| 13.14 SUBDIVISION AGREEMENT ....... | .....58 |
| 13.15 FINAL APPROVAL.. | .58 |
| 13.16 CONSOLIDATIONS... | ..59 |
| 13.17 DEVELOPMENT PERMITS.. | ..59 |
| 13.18 RESCINDING OR ALTERING APPROVAL.. | ..60 |
| 14. PENALTIES... ....... 61 | 14. PENALTIES... ....... 61 |
| 14.1 FINES.. | ..61 |
| 15. NOTICE OF DECISIONS... .... 61 | 15. NOTICE OF DECISIONS... .... 61 |
| 16. APPEALS.... ...... 61 | 16. APPEALS.... ...... 61 |
| 17. REPEAL..... .... 62 | 17. REPEAL..... .... 62 |
| 17.1 EFFECTIVE DATE. | ..62 |
| 17.2 REPEAL.. | ..62 |
| 18. DEFINITIONS.... .... 63 | 18. DEFINITIONS.... .... 63 |
| SCHEDULE A | ZONING MAP..... .......... 83 | SCHEDULE A | ZONING MAP..... .......... 83 |
| SCHEDULE C | SCHEDULE OF FEES..... ..... 93 | SCHEDULE C | SCHEDULE OF FEES..... ..... 93 |
| SCHEDULE D WIND TURBINE STANDARDS. .... 95 | SCHEDULE D WIND TURBINE STANDARDS. .... 95 |
| SCHEDULE E SITE-SPECIFIC AMENDMENTS... ..... 97 | SCHEDULE E SITE-SPECIFIC AMENDMENTS... ..... 97 |
| SCHEDULE F| CORNWALL REGION SPECIAL PLANNING AREA. ..... 98 | SCHEDULE F| CORNWALL REGION SPECIAL PLANNING AREA. ..... 98 |
| SCHEDULE G | EXCAVATION PITS....... ...104 | SCHEDULE G | EXCAVATION PITS....... ...104 |
## 1. SCOPE
## 1.1 TITLE
- 1) This Bylaw shall be known and may be cited as the Rural Municipality of West River Land Use Bylaw.
## 1.2 AUTHORITY
- 1) This Bylaw is enacted under the authority of the Planning Act and clause 14 (b) of the Municipal Government Act.
## 1.3 AREA DEFINED
- 1) This Bylaw applies to the geographical area within which the Municipality's Council has jurisdiction.
## 1.4 PURPOSE
- 1) The purpose of this Bylaw is to implement the policies of the Official Plan and to establish a transparent, fair, and systematic means of subdivision and development control for the Municipality.
## 1.5 SCOPE
- 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 subdivided, consolidated or used in the Municipality, except in conformity with this Bylaw and subject to the provisions contained herein.
## 1.6 AUTHORITY OF DEVELOPMENT OFFICER
- Council shall appoint a development officers) whose duties shall be as provided in this Bylaw. A development officer shall have the authority to administer this Bylaw. Notwithstanding the foregoing and except where otherwise specified in this Bylaw, a development officer shall have the authority to approve or deny subdivisions, lot consolidations, and development permits in accordance with this Bylaw in all areas except for:
- a. institutional uses;
- b. developments associated with a site-specific amendment;
- C. variances of more than 5%; and
- d. subdivisions or developments where streets, central on-site services, or parkland dedications are required.
## 1.7 PERMITTED USES
- 1) In this Bylaw, any use not listed as a permitted use in a zone is prohibited in that zone unless otherwise indicated.
## 1.8 CERTAIN WORDS
- 1) In this Bylaw, words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular, the word 'shall' is mandatory and not permissive; and the word 'may' is permissive and not mandatory.
- 2) In this Bylaw, italicized words carry the defined meaning set forth in section 18. Words that are defined in section 18 but are not italicized when used in the Bylaw carry their ordinary meaning.
## 1.9 UNITS OF MEASURE
- 1) All official measurements are in metric. Where imperial measurements are provided, they are for information purposes only.
## 1.10 SCHEDULES
- 1) All schedules attached to this Bylaw form part of this Bylaw.
- 2) Notwithstanding subsection (1), certain matters in the Bylaw may be established or altered by resolution of Council, in accordance with section 135 of the Municipal Government Act.
- 3) The matters referred to in subsection (2) shall be limited to:
- a. schedule of fees and charges for activities authorized by the Bylaw;
- b. forms required for the purposes of the Bylaw, and
6. other matters related to the administration of the Bylaw.
## 2. DEVELOPMENT ZONES
## 2.1 DEVELOPMENT ZONES
- 1) For the purpose of this Bylaw, the Municipality is divided into the following zones, the boundaries of which are subject to section 2.2 and are shown on the Zoning Map in Schedule A. Such zones may be referred to by the appropriate symbols.
| Zone | Symbol |
|-----------------------|----------|
| Rural Residential | RR |
| Rural Area | RA |
| Commercial Industrial | CI |
| Parks & Recreation | PR |
| Environmental Risk | ER |
## 2.2 INTERPRETATION OF ZONE BOUNDARIES
- 1) Boundaries between zones shall be determined as follows:
2. where a zone boundary is indicated as following a street, the boundary shall be the centre line of such street,
- b. where a zone boundary is indicated as following lot lines, the boundary shall be such lot lines,
- c. where a zone boundary is indicated as following the limits of the Municipality, the limits shall be the boundary of the Municipality; or
- d. where none of the above provisions apply, the zone boundary shall be scaled from the original Zoning Map on file at the Municipality's office.
## 2.3 ZONING MAP
- 1) Schedule A shall be cited as the Zoning Map and forms part of this Bylaw.
- 2) Where the Zone boundary delineates the Environmental Risk Zone, the Zoning Map shall indicate the approximate boundaries of the following:
3. watercourses, coastal areas and wetland, the exact boundaries of which shall be the boundaries of all wetlands, coastal areas, and watercourses, as determined by the Province's department responsible for the Watercourse and Wetland Protection Regulations, and any buffer zones required under those Regulations or by this Bylaw. In the event of a conflict, the more stringent standard shall apply;
- b. all designated contaminated properties in the Province's contaminated sites registry;
- C. all designated wellfields, and
- d. coastal floodplains.
- 3) The specific location of the Environmental Risk Zone boundary may change over time as:
- a. the coastal area, wetland, and watercourse boundaries change due to natural processes, including sea level rise and coastal erosion;
- b. wellfields are designated or modified; or
- c. contaminated sites are designated or have their designation removed.
- 4) In the event of discrepancies between the Environmental Risk Zone as indicated on the Zoning Map and a site-level analysis, the development officer may consult qualified professionals or the Province's department responsible for the Environmental Protection Act or both and a determination will be made as to the actual boundary of the Environmental Risk Zone. If the property or portion of a property is found to not contain the development constraint associated with the Environmental Risk Zone, the adjacent zone shall be considered to apply.
## 3. ADMINISTRATION
## 3.1 DEVELOPMENT PERMIT REQUIRED
## 1) No person shall:
- a. make a change of use on a parcel of land, or of a structure or part of a structure;
- b. commence any development,
- c. construct any structure on a property;
- d. make structural alterations to any structure;
- e. establish or start a home-based business;
- f. make any underground installation such as a foundation wall;
- g. move ox demolish any structure greater than 20 sq. m. (215.28 sq. ft.);
- h. construct a new driveway or alter a driveway access;
- i. place or dump any fill or any other material;
- j. subdivide or consolidate a parcel or parcels of land;
- k. erect or replace a solar array; of
1. construct or replace a deck or patio
without first applying for, and receiving, a development permit or subdivision approval, as the case may be, except where otherwise specifically provided in this Bylaw.
## 3.2 NO DEVELOPMENT PERMIT REQUIRED
- Unless otherwise specified, no development permit shall be required for:
- a. constructing or replacing a fence;
- b. installing clotheslines, poles, and radio or television antennae;
- C. making a garden;
- d. growing a crop or preparing land for a crop;
- e. making landscaping improvements or constructing or installing ornamental structures, play structures, ot accessory structures of 6 sq. m. (64.5 sq. ft.) or less in area;
- f. conducting routine maintenance which has the effect of maintaining or restoring a structure or any of its elements to its original state or condition;
- g. 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 result in a change of use of the building;
- h. the use of a portion of any dwelling unit or building accessory to a dwelling unit as a personal office for residents of the dwelling unit, provided no signage is posted;
- i. establishing or placing a swimming pool; and
## ). public utilities located within the street,
although the applicable requirements of this Bylaw shall still be met.
## 3.3 LICENSES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS
- 1) Nothing in this Bylaw shall exempt any person from complying with the requirements of any other bylaw of the Municipality or from obtaining any license, permission, authority, or approval required by any other bylaw of the Municipality or any legislation or regulation of the Province or the Government of Canada.
- 2) Where the provisions of this Bylaw conflict with those of any other bylaw of the Municipality, the more stringent provision shall prevail.
- 3) When a development does not require a development permit, the requirements of the Bylaw and any other applicable bylaws of the Municipality or any statute, regulation, or other enactment of the Province of the Government of Canada, shall still apply.
- 4) A development permit issued under the Bylaw does not substitute or supersede the requirement for a building permit for the construction, demolition, occupancy or use of a building under the Building Codes Act and applicable regulations.
- 5) A building permit issued under the Building Codes Act and applicable regulations, does not substitute for or supersede the requirement for a development permit under the Bylaw.
## 3.4 PERMIT APPLICATIONS
- 1) m Any person applying for a development permit or subdivision approval shall do so on a form prescribed by Council and shall submit the application to the Municipality. Where the applicant is not the owner of the subject property, the applicant must provide the Municipality with written authorization from the property owner confirming that the applicant is allowed to apply for the development permit or subdivision approval on the owner's behalf as the owner's authorized agent.
- 2) An application is considered incomplete, and a decision shall not be rendered on such an application, until such time as all required information is submitted, including the:
- a. application form, signed and dated by the owner or owner's authorized agent;
- b. the application fee and any other required fees in accordance with the schedule of fees established by Council and annexed hereto as schedule C;
- c. site plans, drawings, and other representations of the proposed development, as required;
- d. approval(s) from other governments or agencies, as required; and
- e. additional information, as required by the development officer.
- 3) An incomplete application shall be considered null and void if the applicant does not submit the required information and does not make payment in full on the application, within six (6) months of submitting the initial application form.
- 4) Notwithstanding any section of this Bylaw, development permits are not valid and will not be recognized until the application fee and any other required fees are paid in full, and the development permit is signed by the applicant.
## 3.5 SITE PLAN
- 1) Every application for a development permit shall be accompanied by a site plan, drawn to scale, and showing:
- a. the proposed use of the lot and each building or structure to be developed;
- b. the boundaries of the subject lot, including dimensions and lot area;
- c. the general location and use of every building or structure already erected on the lot and of buildings on abutting lots within 15.2 m. (50 ft.) of the location of the proposed building or structure;
- d. the location of the sewage disposal system, if required;
6. the location of the well or water service, if required;
- f. the distance between any existing or proposed well and sewage disposal system;
- g. the location of any well, sewage disposal system, and driveways within 30 m (98.43 ft) on adjacent lots,
- h. the proposed and existing location and dimensions of any entrance way, parking space, and parking lot on the lot;
- i. all existing streets, rights-of-way, and easements on and adjacent to the lot,
- j. the location of existing and proposed driveways, including the distance from the centre of the driveway to the nearest property boundary;
- k. the location and exterior dimensions of the proposed building or structure, including any deck, porch or veranda attached thereto;
1. the distance from the proposed building or structure to all property boundaries;
- m. the distance from the proposed building or structure to any existing buildings or structures;
- n. elevation plan(s) of each exterior wall of the proposed building of structure;
- o. slope and direction of surface drainage;
- p. the distance from the proposed structure to the boundary of any wetland, watercourse, sand dune, or the top of the bank adjacent to a wetland or watercourse and the location of the buffer zone as defined in the Watercourse and Wetland Protection Regulations;
9. north arrow and scale; and
19. any other information the development officer deems necessary to determine whether the proposed development conforms to the requirement of this Bylaw.
20. Notwithstanding subsection 1), the development officer may receive applications for accessory structures, requiring only the information which they deem applicable to each individual application.
## 3.6 OTHER INFORMATION
- 1) The development officer or Council may require an applicant to submit any additional information related to the proposed development, which is deemed necessary in order to determine whether or not the development conforms to the requirements of the Bylaw, Official Plan, and applicable laws of the Province, including but not limited to the following:
- a. existing and proposed contours;
- b. adjacent surface water features and steep slopes;
- c. the stormwater management plan for the subdivision;
- d. the location of open space and amenity areas;
- e. existing and proposed vegetation including trees and landscaping, with proposed and existing differentiated;
- f. the proposed storage areas and description of any screening or fencing;
- g. the location and size of underground shared or central sewer and water utilities;
- h. an indication that consideration has been given to accommodating the appropriate future development of the balance of the site; and
- i. traffic impact studies.
- 2) In the event of an application in relation to a lot located within or within 30 m. (98.43 ft) of the Environmental Risk Zone, the boundary of the watercourse or wetland shall be determined by a qualified professional authorized to do so by the Province and delineated on a survey plan, which shall be dated no more than 12 months from the date of the application.
## 3.7 SURVEYS REQUIRED
- 1) Where it is necessary to confirm the location of an existing building or structure in relation to a boundary in order to determine the compliance of an application with this Bylaw or other bylaws, policies or regulations in force which apply to the proposed development, the development officer may require the developer to provide a survey plan.
- 2) Following the issuance of a development permit for any proposed development within 0.30 m. (1.0 ft.) or less of the minimum setback permitted in the zone, a footing certificate or survey plan shall be prepared by a professional land surveyor and submitted to the Municipality to confirm the location of the building's footing prior to the foundation walls being poured.
- 3) The site plan shall be based on a survey plan when:
- a. the lot subject to a development does not meet the minimum lot area or lot frontage requirements of this Bylaw; or
- b. the location of an existing building of structure with respect to the lot boundary or with respect to the proposed building or structure is necessary, in the opinion of the development officer, in order to determine whether the application complies with the Bylaw.
## 3.8 STORMWATER MANAGEMENT PLAN
- 1) Except for the reasons provided by subsection (2) below, a development permit application shall be accompanied by a stormwater management plan, prepared by a professional engineer or landscape architect, drawn to scale and showing the following information:
- a. existing and proposed grade elevations relative to the adjoining lots) and the street or right-of-way;
- b. stormwater management design features, including but not limited to swales and berms, and the proposed direction of flow for the surface water runoff, which shall not result in direct water runoff onto adjacent lots, including existing private roads and rights-of-way.
- C. the finished floor elevation or foundation elevation of existing buildings or structures on the lot and of existing buildings or structures on adjacent lots located within 15 m (49.2 ft) of the adjoining lot line; and
- d. the proposed surface, finished floor elevation or foundation elevation of the proposed building or structure.
- 2) A stormwater management plan is not required for the following types of development, where the development does not involve an alteration or change to the existing grade of the land within the minimum yard setbacks of the lot:
- a. a development that conforms with a preapproved stormwater management plan as prepared for the subdivision approval of the lot;
- b. a development of a structure with a footprint less than 65 sq. m. (699.7 sq. ft.) and a proposed setback of more than 15 m. (49.2 ft.) from any lot line or existing building of structure;
- c. a development that will result in a total lot coverage of less than 10%;
- d. a development of a building or structure with a footprint less than 20 sq. m.(215.3 sq. ft.);
- e. a development of a building or 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. the replacement of a building or 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 building of structure.
- 3) For properties with, or located adjacent to, a watercourse of wetland, the stormwater management plan shall also include the location of any buffer zone as defined in the Watercourse and Wetland Protection Regulations.
- 4) A site plan and stormwater management plan may be submitted together as a single plan of the proposed development.
## 3.9 BUILDING DESIGN DRAWINGS
- 1) In cases where signed and stamped drawings are required under the Building Codes Act, the Architects Act and/or the Engineering Profession Act, no development shall be approved until such signed and stamped drawings are received by the Municipality.
## 3.10 CONDITIONS AND CAVEATS ON PERMITS
- 1) The development officer or Council, as appropriate, shall have the authority to impose conditions on a development permit subject to such conditions being directly related to and consistent with the bylaws and Official Plan of the Municipality.
- 2) All development permits shall contain a caveat informing the developer that the Municipality is an established agricultural area and they should expect to be exposed to normal agricultural activities such as: manure spreading; chemical spraying; planting, cultivating and harvesting activities; noises; and slow-moving equipment on roadways.
## 3.11 FIRE MARSHAL APPROVAL
- The development officer shall refer applications involving the following uses to the Province's fire marshal's office for comment prior to the development permit being issued:
- a. twelve or more dwelling units on a parcel;
- b. campgrounds and RV parks or expansions to them;
- c. commercial uses;
- d. public service and institutional uses; and
- e. outdoor sporting event or concerts.
- 2) The development officer may refer any other applications for a development permit as required to the Province's fire marshal's office for comment prior to the development permit being issued.
## 3.12 DEVELOPMENT AGREEMENT
- 1) The development officer or Council, as appropriate, may require any owner of a property that is the subject of an application for a development permit to enter into a development agreement. 'This agreement shall be a contract binding on both parties, containing all conditions which were attached to the development permit, as well as any other matters identified pursuant to subsection (4).
- 2) Failure to comply with a development agreement shall constitute an offence under this Bylaw.
- 3) A development agreement shall be required for all non-resource industrial uses.
- 4) A development agreement may address but shall not be limited to the following matters:
- a. site plan design;
- b. the design and construction of pathways, trails and other pedestrian circulation facilities, where required;
- c. landscaping and screening, including the specification of the number and type of trees to be maintained or planted or both;
- d. vehicular access and exits;
4. the design and allocation of parking lots and parking spaces;
- f. security and safety lighting;
- g. methods of waste storage and disposal; and
- h. any other matters that the development officer or Council, as appropriate, deems necessary to ensure compliance with this Bylaw.
- 5) The development agreement shall be registered in accordance with the Registry Act and all fees associated with the preparation, registration, and enforcement of the development agreement shall be paid by the developer.
- 6) A development permit that is subject to a development agreement shall not take effect until the development agreement has been signed.
## 3.13 AUTHORIZATION FOR INSPECTION
- 1) An application submitted in accordance with the Bylaw shall constitute authorization for inspection of the structure or land in question by the development officer or an officer or agent of the Municipality for the purpose of ensuring compliance with the provisions of this Bylaw and in accordance with Part IV of the Planning Act and Part 9, Division 1 of the Municipal Government Act.
## 3.14 PERMITS POSTED
- 1) The property owner shall be responsible for displaying a copy of all permits in a visible location on the property.
## 3.15 EXPIRY OF APPROVALS
- 1) A development permit shall be valid for a 24-month period from the date of issue.
2. If, after 24 months, work has not been completed, an application shall be made to the development officer, the appropriate fee shall again be paid, and a new development permit shall be obtained before any further work is undertaken, and the application shall be assessed against the requirements of this Bylaw and the Official Plan at the time of re-application.
- 3) Preliminary approvals of a subdivision shall be effective for a period of 24 months.
- 4) If the applicant applies before the expiry of the preliminary approval, Council may authorize an extension of an additional 12 months.
## 3.16 DEMOLITION OR MOVING PERMITS
- 1) No building shall be moved out of or within the Municipality without a development permit and such other permits as may be required by law.
- 2) When a structure is demolished or moved, the applicant shall be responsible for ensuring that the well and sewage disposal system, where they exist, are decommissioned or temporarily capped in accordance with any applicable statute, regulation or other enactment.
## 3.17 DEVELOP IN ACCORDANCE WITH APPLICATION
- 1) Any person who has been granted a development permit shall develop in accordance with the information given on the prescribed application form and the conditions included in the development permit and/of the development agreement.
2. The development officer may revoke a development permit where information provided on the application is found to be inaccurate.
- 3) No building shall be erected or placed except in conformance with the approved finished grade for its site, or the street after its construction.
## 3.18 DENYING PERMITS
- 1) No development permit shall be issued if:
2. the proposed development does not conform to this Bylaw or other bylaws of the Municipality or any applicable enactments of the Province or of the Government of Canada;
- b. the proposed development could create a hazard to the general public, including but not be limited to, hazards, injuries or damages arising from excessive slope, water drainage run-off, and flooding;
- C. the method of water supply is not appropriate;
- d. the method of sanitary waste disposal is not appropriate;
- e. there is not a safe and efficient access to a street,
- f. the proposed development would create unsafe traffic conditions;
- g. the proposed development involves a proposed access that requires the use of an existing private road or access over an adjacent property for which a legal right-of-way has not been properly granted; or
- h. the proposed development would be detrimental to the environment, including by reason of noise, dust, drainage, infilling, or excavation which affects environmentally sensitive or residential areas.
## 3.19 CONSTRUCTION PLAN
- 1) Prior to any construction being carried out, the development officer may require the applicant to submit a construction plan for the development addressing such details as:
- a. construction phasing;
- b. hours of operation;
- c. stockpiling of soil including the location and the date of removal;
- d. temporary screening or fencing;
- e. erosion or run-off control measures, including type, location and maintenance procedures;
- f. heavy truck access; and
8. any other item which could in the opinion of the development officer present a nuisance or hazard during construction.
## 4. GENERAL PROVISIONS
## 4.1 ACCESSORY STRUCTURES
- 1) Accessory structures may be permitted on any lot but shall not:
2. be used for human habitation except where a dwelling is a permitted accessory use;
- b. be built closer than 1.2 m. (4 ft.) to any lot line; or
- c. be located within the required front yard setback or the flankage yard setback.
- 2) No accessory structure shall be:
6. considered an accessory structure if it is attached to the main building, or
- b. considered an accessory structure or structure if it located completely underground.
- 3) No accessory structure shall be constructed prior to the establishment of the main use to which it is accessory.
- 4) Notwithstanding the setbacks in clause (1)(b), common garages for semi-detached dwellings and townhouse dwellings may be centered on a mutual side lot line;
- 5) A shipping container, trailer, or similar structure may be used as an accessory structure provided the shipping container, trailer, or similar structure is located in the rear yard.
## 4.2 BED AND BREAKFAST AND SHORT-TERM RENTALS
- 1) A bed and breakfast shall be permitted to operate in any single-detached dwelling subject to the following:
- a. the dwelling shall be occupied as a residence by the operator and the external residential appearance of the dwelling shall not be changed by the bed and breakfast operation;
- b. not more than six (6) rooms shall be offered for overnight accommodation;
- C. adequate off-street parking spaces shall be provided in accordance with Part 5 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling,
- d. there shall be no open storage or display area; and
- e. there shall be no signs permitted except in accordance with the Highway Signage Act.
- 2) A short-term rental shall be permitted to operate in any single-detached dwelling subject to the following:
- a. the external residential appearance of the dwelling shall not be changed by the short-term rental operation;
- b. not more than six (6) rooms shall be offered for overnight accommodation;
- adequate off-street parking spaces shall be provided in accordance with Part 5 of this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
- d. there shall be no open storage or display area; and
- there shall be no signs permitted except in accordance with the Highway Signage Act.
- 3) Bed and breakfasts and short-term rentals shall be licensed in accordance with the Tourism Industry Act.
## 4.3 BUFFERING
- 1) The provision and maintenance of adequate landscaping buffering or appropriate fencing or both shall be required to the satisfaction of the development officer or Council, as appropriate, between residential uses and new commercial, industrial or other land uses characterized by significant traffic generation, the heavy use of trucks, noise, outdoor storage, congregations of people or other factors that may adversely affect adjacent residential amenities.
- 2) Where a Commercial Industrial Zone property abuts residential uses along a side of rear lot line or both, the provision of a landscaping buffer of not less than 7.6 m. (25 ft.) in width along that side or rear lot line to the satisfaction of the development officer or Council, as appropriate, shall be included as a condition on the development permit where a development permit has been granted.
- 3) An adequate landscaping buffer may consist of, among other things, the following or a combination of the following:
- a. a grassed berm;
- b. planted vegetation;
- C. mature trees; and/or
- d. appropriate fencing.
## 4.4 BUILDING TO BE ERECTED ON A LOT
- 1) No building shall be erected or used unless it is erected on and contained within a single lot.
## 4.5 COASTAL HAZARD ASSESSMENT
- 1) A coastal hazard assessment shall be included with a development or subdivision application for a lot that is:
2. 4.22 m. (13.85 ft.) CGVD2013 (or 4.61m (15.12 ft.) CGVD28) or less in elevation and is adjacent to a coastal area, wetland, watercourse, or shoreline; or
- b. located within 23 m. (75.5 ft.) of a coastal area, wetland, watercourse, or shoreline.
## 4.6 EXISTING NON-CONFORMING STRUCTURES
- 1) Where a structure has been erected on or before the effective date of this Bylaw on a lot having less than the minimum frontage or area, or having less than the minimum setback or side yard or rear yard required by this Bylaw or is subject to the Environmental Risk Zone, the structure may be enlarged, reconstructed, repaired or renovated provided that:
- a. the repair or renovation does not further reduce the front yard or side yard or rear yard which does not conform to this Bylaw, and
- b. all other applicable provisions of this Bylaw are satisfied.
- 2) If a structure which does not conform to provisions of this Bylaw is destroyed by a fire or otherwise to an extent of fifty percent (50%) or more of the assessed value of the structure above its foundation, it shall only be rebuilt or repaired in conformity with the provisions of this Bylaw.
## 4.7 EXISTING NON-CONFORMING LOTS
- 1) Notwithstanding any other provisions of this Bylaw:
- a. a vacant lot held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum width, lot depth or lot area required, may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot provided that all other applicable provisions in this Bylaw are satisfied; and
- b. a lot containing a structure and held in separate ownership from adjoining parcels on the effective date of this Bylaw, having less than the minimum frontage, depth or area required by this Bylaw, may be used for a purpose permitted in the zone in which the lot is located, and a development permit may be issued provided that all other applicable provisions in this Bylaw are satisfied.
- 2) An existing non-conforming lot which is increased in lot area or lot frontage or both, but remains undersized, is still considered an existing non-conforming lot.
## 4.8 EXISTING NON-CONFORMING USES
- Subject to the provisions of this Bylaw, a building or structure, or use of land, building or structures lawfully in existence on the effective date of approval of this Bylaw may continue to exist.
- 2) A building or structure shall be deemed to exist on the effective date of approval of this Bylaw if:
- a. it was lawfully under construction; or
- b. the permit for its construction was in force and effect, but this clause shall not apply unless the construction is commenced within 12 months after the date of the issue of the development permit and is completed in conformity with the development permit prior to its expiry.
- 3) No structural alterations that would increase the exterior dimensions, except as required by statute or bylaw, shall be made to a building or structure while a non-conforming use thereof is continued.
- 4) 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.
- 5) 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 without a bona fide intention to resume the non-conforming use, and in such event the land, building or structure shall not thereafter be used except in conformity with this Bylaw.
4. A non-conforming use may be enlarged or expanded provided that the enlargement or expansion does not increase the level of non-compliance.
- 7) No increase in the area occupied by the non-conforming use shall occur while a nonconforming use is being continued to the extent that the increase in the area would have the impact of creating a change of use.
## 4.9 FRONTAGE ON A STREET
- 1) No development permit shall be issued unless the parcel of land intended to be used or upon which the building or structure is to be erected abuts and fronts upon a street.
- 2) Notwithstanding subsection (1) above, the Council may approve a development permit for a residential or commercial structure which fronts on an existing private right-of-way, provided that the following criteria are met:
- a. the parcel was approved prior to the effective date of this Bylaw;
- b. no acceptable provision can be made to provide access to a street,
- C. safe ingress and egress from the parcel can be provided from the parcel or private rightof-way to a street,
- d. the name of the private road has been approved by the Minister of Justice & Public Safety, in accordance with the Emergen 911 Act where the development results in three (3) or more civic addressed dwellings, buildings, or units sharing the same private road or driveway;
7. 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; and
- 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 either the Province of Prince Edward Island or the Rural Municipality of West River and therefore neither the Rural Municipality of West River nor the Province shall have any liability for that private right-of-way and, without limiting the generality of the foregoing, that neither the Rural Municipality of West River nor the Province is responsible for providing any provincial or municipal services including grading, ditching, snowplowing, gravelling, school busing, solid waste collection, or emergency vehicle access to the private right-ofway."
- 3) The development agreement required under clause (2) (f) 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) 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, of any successor enactments.
4. 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.
## 4.10 HOME-BASED BUSINESSES
- 1) Where a residential property is used for a bome-based business use, the following shall apply:
2. the dwelling shall be occupied as a residence by the principal operator and the external residential appearance of the building or property shall not be changed by the home-based business;
- b. there shall be no more than two non-resident assistants or employees for the homebased business;
- C. a maximum of either
- i. 25% of the total floor area of the dwelling; or
- ii. up to 100% of the total floor area of an accessory structure
shall be occupied by the home-based business;
- d. adequate street access and off-street parking spaces shall be provided in accordance with Part 5 of this this Bylaw and such parking shall be in addition to the parking spaces required for the dwelling;
- e. there shall be no open storage or display area; and
- f. there shall be no signs permitted except in accordance with the Highway Signage Act.
- 2) The home-based business shall not create a nuisance to residents in the surrounding neighbourhood by:
- a. traffic generation,
- b. noise,
- c. hours of operation,
- d. the creation of any vibration, heat, glare, odour or electrical interference, which is detectable from outside the dwelling; or
- e. the discharge of any smoke, fumes, toxic substances or other noxious matter into the atmosphere.
- 3) The use of a residential property for automobile sales and service establishments, car washes, or auto body shops as home-based businesses shall be prohibited in the Rural Residential Zone.
- 4) After having followed the process in subsection 12.41) of this Bylaw, Council may approve a small-scale auto body shop or industrial use as a home-based business in the Rural Area Zone, provided Council is satisfied the use will be compatible with adjacent land uses, and that no permanent injury will be caused to the existing and permitted uses of adjoining properties.
## 4.11 KENNELS
- 1) Kennels shall not be permitted within 305 m. (1000 ft.) of any existing dwelling.
- 2) No shelter, building or structure used to accommodate animals shall be located in the required front yard setback.
## 4.12 MAIN BUILDING
- 1) Except in the Rural Residential Zone, more than one (1) non-residential main building may be placed on a lot in any zone, provided all other provisions of this Bylaw are met.
- 2) More than one (1) residential main building may be permitted on a parcel where dustered housing is a permitted use or a site-specific amendment use.
3. Where more than one main building is located on the same lot and is serviced by an internal drive providing access to the street or right-of-way:
- a. the development officer may refer the proposed access and the site plan and internal drive design, to the Province's Fire Marshal's Office and the Province's department responsible for the Roads Act for review and comment;
- b. the name of the internal drive shall be submitted for approval by the Province's Minister of Justice & Public Safety, in accordance with the Emergen 911 Act, where the development results in three (3) or more civic addressed dwellings, buildings, or units sharing the same internal drive or driveway, prior to the issuance of any permits; and
- in the case of a clustered housing development, the internal drive shall be designed by, constructed under the supervision of, and certified by, a professional engineer.
- 4) The following site design standards shall apply for commercial or residential lots containing more than one (1) main building on a lot, including clustered bousing and tourism establishments.
- with respect to vehicular and pedestrian circulation, including walkways, interior drives, and parking, special attention shall be given to the location and number of access points to the streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking lots that are safe and convenient;
- b. off-street parking lots shall not open directly onto a street but shall be provided with access drives or other controlled access. Access drives shall not serve as part of a specified parking lot and shall be kept clear of parked vehides;
- pedestrian walks shall be not less than 1.25 m (4.1 ft) in width and shall be provided wherever normal pedestrian traffic will occur; and
- d. exposed storage areas, exposed machinery installation, solid waste storage and pickup areas, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with existing or contemplated environment and the surrounding properties.
- 5) Where dustered housing is being proposed:
- a. the minimum lot area shall apply to the entire property where multiple buildings are being proposed;
- b. the minimum lot frontage shall be calculated as if one building is being located on the lot, and
- the minimum standards of the zone including setbacks shall apply to each individual building.
## 4.13 MIXED USES
- 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 area of frontage, the most stringent standards shall prevail.
## 4.14 ON-SITE WELLS AND SEPTIC SYSTEMS
- 1) Notwithstanding the minimum lot size standards of this Bylaw, all applications involving an on-site sewage disposal system or on-site water supply must meet the requirements of the ProvinceWide Minimum Development Standards Regulations for on-site servicing based on soil category, as included as Schedule B of the Bylaw, and the Sewage Disposal Systems Regulations, Water Withdrawal Regulations, and Well Construction Regulations.
- 2) Every application for a development permit involving an on-site sewage disposal system or on-site water supply, or both, shall include a site plan showing the location of the on-site sewage disposal system and all proposed buildings and structures, a copy of the Sewage Disposal System Registration Form, and a site assessment for any lot for which a site assessment pursuant to the Environmental Protection Act has not been conducted within 75 feet of the lot since December 31, 2006.
2. Every on-site sewage disposal system with a capacity of more than 6810 litres shall be designed and certified by a professional engineer.
- 4) Any application for a development or subdivision where daily groundwater extraction rates are expected to be higher than 25 cubic meters per day or in areas with existing intensive development of where, in the opinion of Council, there are concerns about the supply or quality of groundwater shall be referred to the Province's department responsible for the Environmental Protection Act or the Water Act.
- 5) Where Council has approved a variance to the minimum lot frontage, lot area and/or circle diameter requirements of the Province-Wide Minimum Development Standards Regulations in accordance with sections 4, 5, or 9 of those Regulations, or where the minimum lot size standards do not apply pursuant to section 8 of those Regulations, an application for a development permit shall also include the following:
5. an on-site sewage disposal system proposal appropriate for the soil type, lot area and proximity to adjacent lots, designed and certified by a professional engineer, and
- b. confirmation from a licensed well driller that the proposed well location meets all applicable requirements for separation distance from adjacent existing wells and/or sewage disposal systems within the lot, or to wells or sewage disposal systems on adjacent lots.
## 4.15 OUTDOOR AREA LIGHTING
- 1) No person shall install any outdoor light in such a way as would cause a nuisance to adjacent property owners or a safety hazard to the motoring public.
## 4.16 PERMITTED USES IN ALL ZONES
- 1) The following uses are permitted in all zones:
- a. temporary construction of facilities such as sheds, scaffolds and equipment incidental to the development for a maximum period of six months or for so long as construction is in progress, whichever is earlier, and for a maximum of 30 days following the completion of the development,
- b. parks, public parks, playgrounds, open space, or conservation activities;
- c. farm gate outlets, and
- d. institutional uses.
- 2) Except where otherwise specifically provided in this Bylaw, public utilities and private utilities and utility buildings and service facilities including, but not limited to, sewage treatment plants, pumping stations, transit transfer stations, utility services, and stormwater management facilities:
- a. may be located in any zone, and
- b. no zone standards related to setbacks, lot size, and siting in yards shall apply.
## 4.17 PETROLEUM STORAGE
- 1) Underground petroleum storage tanks 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 appropriate government authority.
- 2) Propane storage tanks shall be installed and stored in accordance with the recommendations of the Province's fire marshal's office.
## 4.18 SECONDARY SUITES
- 1) A secondary suite shall be permitted within any single-detached dwelling or accessory structure provided the following conditions are met:
- a. the property owner submits a written application to the Municipality on the prescribed form;
- b. the property owner and the Municipality have first entered into a written development agreement that includes, but is not limited to, the conditions below:
- i. the property owner shall advise any prospective purchaser, or other person to whom the owner intends to transfer or otherwise dispose of the single detached dwelling, that the secondary suite cannot be used except in accordance with a development agreement with the Municipality;
- ii. the total floor area of all storeys of a secondary suite shall not exceed the lesser of:
- A. 80% of the total floor area of all storeys of the entirety of the main singledetached dwelling unit (excluding the garage floor area, and common spaces serving both dwelling units); or
- B. 80 sq. m. (861 sq. ft.);
- ili. one additional parking space is provided for the secondary suite, as required under section 5.1 of this Bylaw; and
- iv. the development officer may require such changes to the exterior of the single-detached dwelling as may be necessary to ensure compliance with this Bylaw, whether in connection with the construction or removal of the secondary suite, and
- c. the secondary suite meets the requirements of the National Building Code and all requirements under the Municipality's bylaws;
- d. water and wastewater treatment services for the secondary suite shall be provided through the single-detached dwelling and the capacity of the systems shall be upgraded as needed to accommodate the increased intensity of use, and
- e. the development agreement required under clause (1)(b) 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 applicant.
## 4.19 SIDE YARD WAIVER
- 1) Notwithstanding any other provisions of this Bylaw, where buildings on adjacent lots share a common wall, the applicable side yard setbacks shall be zero (0) along the common lot line.
## 4.20 SOLAR ENERGY SYSTEMS
- 1) Roof-mounted solar arrays shall be permitted in all zones, subject to the following:
- a. Roof-mounted solar arrays shall be installed in conformity with Chapter 11 of the National Fire Prevention Association (NFPA) 1 Fire Code.
- 2) Ground-mounted solar arrays shall be permitted in all zones, subject to the following:
4. the minimum setback to adjacent side or rear lot lines for ground-mounted solar arrays shall be 4.6 m. (15 ft.) or the beight of the ground-mounted solar array as measured from grade to the highest point of the solar array, whichever is greater;
- b. the maximum beight of a ground-mounted solar array, as measured from grade to the highest point of the solar array, shall be 4.3 m. (14 ft).
- c. in a Rural Residential Zone, ground-mounted solar arrays may only be placed in the rear yard of side yard; and
- d. the owner of the ground-mounted solar array shall remove the ground-mounted solar array and associated equipment sufficient to return the land to its previous use within two (2) years of ground-mounted solar array inactivity.
- 3) The application for a development permit for a ground-mounted solar array must include, in addition to the requirements of sections 3.5 and 3.6, the design of the solar collectors including racking and footings.
Figure 1 Permissible Areas for Accessory structures and Ground-mounted Solar Arrays in the RR Zone (permitted in rear and interior side yards only)
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## 4.21 TEMPORARY USES, BUILDINGS AND STRUCTURES PERMITTED
- 1) Temporary structures shall conform to the setback requirements for an accessory structure in the zone.
2. The development officer may issue a temporary permit for the temporary erection of a structure or the temporary use of land in any zone in order to accommodate a special event, use, or occasion. The development officer may attach such conditions as they deem appropriate to ensure public safety and to mitigate any negative impacts on surrounding properties, including but not limited to water supply, wastewater disposal and emergency management.
- 3) Council may grant a seasonal temporary use permit for a period not exceeding 5 months where, in the opinion of Council, the temporary use is compatible with an established or proposed permanent facility on the parcel of land and does not represent a conflict or nuisance to property owners in the vicinity of the general public. Council may attach such conditions it deems appropriate to ensure public safety and to mitigate any negative impacts on surrounding properties, including but not limited to water supply, wastewater disposal and emergency management.
- 4) No more than four (4) temporary use permits shall be issued for any parcel of land in any calendar year.
- 5) The hours of the temporary use shall be limited from 8:00 a.m. - 11:00 p.m. daily, except where the temporary use involves an RV for personal use.
- 6) No temporary use permits shall be granted where:
- 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.
- 7) No temporary use shall be permitted to encroach within the front yard, rear yard or side yards as required under this Bylaw.
## 4.22 VISIBILITY AT STREET INTERSECTIONS
- 1) On a corner lot, within a triangular area 6.1 m. (20 ft.) back from the intersecting corner lot line, no fence, sign, hedge, shrub, bush or tree or any other structure or vegetation shall be erected or permitted to grow to a height greater than two feet above grade of the abutting streets.
Figure 2 - Corner Sight Triangle
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## 5. PARKING REQUIREMENTS
## 5.1 PARKING REQUIREMENTS
- 1) For every building to be erected, placed, used or enlarged, there shall be provided and maintained off-street parking on the same lot to the extent, prescribed in the following chart:
- 2) Individual parking spaces shall have minimum dimensions of 2.7 metres (9 feet) by 5.5 (18 feet) metres and shall be readily accessible from a street.
| Primary Type of Building | Minimum Requirement |
|----------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dwellings | 1 parking space per dwelling unit |
| Tourism establishments | 1 parking space per guest room or rental unit and 1 parking space for each 14 sq. m. (150 sq. ft.) of floor area devoted for public use (eg. banquet rooms, lounge) |
| Campgrounds and RV Parks or Campground Sites or RV Sites | 1 parking space designated for registration and visitor parking for every 10 campground sites or RV sites, or fraction thereof, registration and visitor parking |
| Senior Citizens Homes and Community Care Facilities | 1.25 parking spaces per dwelling unit |
| Tourist Attractions | 1 parking space per four (4) persons to maximum capacity of attraction |
| Restaurant / Lounge / Take-Out | 1 parking space per four seats of seating capacity or 1 parking space per 14 sq. m. (150 sq. ft.) of floor area, whichever is greater. |
| All other Commercial Uses (non-resource) | 1 parking space per 9.3 sq. m. (100 sq. ft.) of floor area |
| All other uses not listed | 1 parking space per 20 sq. m. (215 sq. ft.) of floor area or 1 parking space per 10 seats, whichever is greater. |
## 5.2 PARKING LOT STANDARDS
- 1) Where four (4) or more parking spaces are required for a commercial, industrial or institutional use on a lot, the following minimum requirements shall apply:
2. 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 driveable grass or grass grid; and
- b. the lights used for illumination of the parking lot shall be so arranged as to divert the light away from the streets, adjacent lots and buildings.
- 2) Where parking is provided within the front yard of a commercial or industrial establishment, a landscaped strip of not less than 3.05 m. (10 ft.) in width between the front lot line and the parking lot shall be maintained in a properly landscaped condition, free of parking or maneuvering lanes, other than a driveway.
- 3) The width of a driveway leading to a parking lot shall be:
- a. a minimum width of 3.05 m. (10 ft.)
- b. a maximum entrance and exit width of 9.14 m. (30 ft.) at the street line and edge of pavement.
- 4) The parking lot shall allow for surface water drainage to a stormwater retention area or to street drainage, designed so that at no time shall water drain onto adjoining lots, and the Municipality may require an engineering assessment of the elevations and drainage to be provided.
- 5) Where off-street parking lots are located in front of any building, a 5 ft. landscaped buffer shall be provided between the parking lot and the street boundary.
## 5.3 ACCESSIBLE PARKING
- 1) In addition to the parking requirements found in section 5.1, where a parking lot is required, two (2) spaces dedicated to people with disabilities shall be provided for every 30 spaces provided, or minimum of one (1) space for part thereof. Dedicated parking spaces shall be a minimum of 3.7 metres (12 feet) in width. Access from the dedicated parking spaces to the building shall consist of a smooth asphalt or concrete surface in order to allow easy ingress and egress for wheelchairs and persons with walking disabilities.
## 6. RURAL AREA (RA) ZONE
## 6.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all buildings and structures or parts thereof erected, placed of altered or any parcel of land used in a Rural Area Zone.
## 6.2 PURPOSE
- 1) The Rural Area Zone is established principally to support the primary resource sectors, retain the natural beauty and rural character of the area, and to retain the low-density uses of land.
## 6.3 PERMITTED USES
- The following are permitted uses in the Rural Area Zone:
- a. agricultural uses;
- b. fishery uses;
- C. forestry uses;
- d. resource-related commercial uses;
- e. animal sanctuaries;
- f. single-detached dwellings;
- g. duplex dwellings and semi-detached dwellings; and
- h. commercial uses.
- 2) The following are permitted as accessory uses in the Rural Area Zone:
- a. accessory structures;
- b. bed and breakfasts and short-term rentals;
- C. dormitories;
- d. home-based businesses,
- e. secondary suites; and
- f. wind energy facilities of a maximum capacity of up to 100 kw.
## 6.4 SITE-SPECIFIC AMENDMENT USES
- 1) Notwithstanding section 6.3 above, the following may be permitted through the site-specific amendment process, subject to such conditions as Council deems necessary:
- a. resource-related industrial uses;
- b. intensive resource uses, including intensive agricultural uses, intensive livestock operations, cannabis operations, water bottling plants, excavation pits, intensive fishery-related operations;
- c. kennels, and
- d. solar arrays and wind energy facilities of more than 100 kw.
## 6.5 SUPPORTING INFORMATION
- 1) | Any application for a site-specific amendment pursuant to Section 6.4 shall be accompanied by the following supporting information, in a form acceptable to Council:
- a. a statement documenting the precise means by which the development will maintain or enhance the rural character and agricultural activities of the Rural Area Zone;
- b. a statement documenting the compatibility of the development with agricultural uses and other predominant features of the Rural Area Zone, including adjacent land uses;
- c. an overview of measures to protect agricultural uses and significant natural features;
- d. in the case of clauses 6.4(1) (a), (b), and (d),
- i. environmental engineering designs and plans detailing environmentallyacceptable permanent, long term water supply and sewage disposal systems and methods for protecting the natural environment, prepared by a professional engineer, and
- ii. long term plans for those portions of the property which are not proposed to be developed; and
- e. in the case of clause 6.4(1)(c), an overview of the proposed intensity of use of measures to minimize impacts on adjoining properties.
## 6.6 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development in an Rural Area Zone:
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (See Schedule B).
3. New dwellings shall be set back a minimum of 15 m. (49 ft.) from the lot line of an adjacent existing intensive resource use.
| | Requirement |
|-------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|
| Minimum lot area | 0.4 ha (1 acre) |
| Maximum lot area | Non-Resource Commercial Uses 0.8 ha (2 acres) |
| Minimum frontage or lot width | 45.7 m. (150 ft.) |
| Minimum front yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations |
| Minimum rear yard | 4.6 m. (15.1 ft.) |
| Minimum side yard | 4.6 m. (15.1 ft.) |
| Minimum flankage yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads |
## 6.7 LIVESTOCK OPERATIONS
- 1) Livestock operations shall comply with all applicable provincial statutes, regulations and other enactments, and confirmation that the proposed development complies with such enactments shall be submitted with a development permit application.
## 6.8 INTENSIVE LIVESTOCK OPERATIONS
- 1) The following shall apply to all new intensive livestock operations:
- 2) Where a new intensive livestock operation is proposed, the development officer shall provide written notice to adjacent property owners in accordance with section 12.4(1).
- 3) All intensive livestock operations shall have a manure storage facility with a capacity for retention of manure.
4. The development officer may consult the Province's Department of Agriculture and Land or its successor for manure storage capabilities and design standards, and the livestock operator shall be required to follow those capacity and design requirements.
- 5) All new subdivisions for residential uses shall be designed such that a 305 m. (1000 ft.) setback can be maintained between any new dwellings and an existing intensive livestock operation.
| | Requirement |
|------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|
| Min. distance from any existing dwelling on an adjacent property | 305 m. (1000 ft.) |
| Min. distance from a street | 45.72 m. (150 ft.) |
| Min. distance from any domestic well | 152.4 m. (500 ft.) |
| Min. distance from any lot line | 45.72 m. (150 ft.) |
| Min. distance from any watercourse or wetland boundary | 90 m. (295.3 ft.), except where permitted under the Watercourse and Wetland Protection Regulations |
## 6.9 EXCAVATION PITS
- 1) Where an excavation pit is permitted through a site-specific amendment, the following shall apply:
- a. no person shall open or operate an excavation pit without first applying for and receiving a development permit, and
- b. where an excavation pit is permitted, the standards of Schedule G shall apply.
## 6.10 WIND ENERGY FACILITIES
- 1) Where a wind energy facility is permitted, the following shall apply:
2. no person shall erect or place a wind energy facility without first applying for and receiving a development permit, and
- b. the standards of Schedule D shall apply.
## 7. RURAL RESIDENTIAL (RR) ZONE
## 7.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all buildings and structures or parts thereof erected, placed of altered or any parcel of land used in a Rural Residential Zone.
## 7.2 PURPOSE
- 1) The Rural Residential Zone is established principally to permit residential developments featuring multiple lots, as well as limited accessory uses. Council may consider slightly higher density residential uses, clustered housing, or conservation subdivisions, particularly where central water and wastewater treatment will be provided, as well as other potentially compatible uses, subject to the site-specific amendment process.
## 7.3 PERMITTED USES
- The following are permitted uses in the Rural Residential Zone:
- a. single-detached dwellings;
- b. duplex dwellings and semi-detached dwellings;
- C. apartment dwellings; and
- d. townhouse dwellings.
- The following are permitted as accessory uses in the Rural Residential Zone:
- a. accessory structures;
- b. bed and breakfasts and short-term rentals;
- C. home-based businesses, and
- d. secondary suites.
## 7.4 SITE-SPECIFIC AMENDMENT USES
- 1) Notwithstanding section 7.3 above, the following may be permitted through the site-specific amendment process, subject to such conditions as Council deems necessary:
- a. clustered housing, and
- b. conservation subdivisions.
## 7.5 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply in a Rural Residential Zone:
| | (On-Site Serviced) | Central Water and Central Sewer |
|-----------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|
| Minimum lot area | | |
| Single-detached, duplex dwellings and ™ semi-detached dwellings | 0.2 ha (1 acre) | 0.2 ha (0.5 acre) |
| Townhouse dwellings and apartment dwellings | 0.8 ha (2 acres) | 0.2 ha (1 acres) |
| Minimum frontage | .... see Schedule B | 23 m. (75 ft.) |
| Minimum front yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations |
| Minimum rear yard | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) |
| Minimum side yard | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) |
| Minimum flankage yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads |
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (See Schedule B).
## 7.6 LIVESTOCK IN RESIDENTIAL ZONES
- In the Rural Residential Zone, the keeping of livestock shall be permitted, up to a maximum of 3 animals per 0.1 hectare (0.25 acre) in accordance with the following:
- 2) Where the approval to keep livestock is at the discretion of Council, consideration will be given to the anticipated impact on adjoining properties based on the size of parcel, anticipated odours and sound, and ability to appropriately fence, pen, or house the proposed livestock in such a way as to limit the impact on adjoining properties.
- 3) The keeping of livestock must adhere to all local, provincial and federal health and agriculture regulations in addition to the standards in this Bylaw.
- 4) Such livestock must be appropriately fenced, penned, or housed to prevent trespass onto streets and adjacent properties. Any ground-level structure intended for the keeping of animals shall be considered an accessory structure.
- 5) The livestock structure referred to in subsection 4) shall be situated at least 5 m. (16.4 ft.) to a lot line.
- 6) Apiaries are permitted but limited to no more than twelve (12) hives, which must be located in the rear yard.
| Type of Livestock | Maximum Number of Livestock |
|---------------------------------------------|----------------------------------|
| Fowl | Maximum 3 per 0.1 ha (0.25 acre) |
| Pigs (Potbelly & Domestic), Sheep, or Goats | Maximum 1 per 0.1 ha (0.25 acre) |
| Horses | Maximum 1 per 0.2 ha (0.5 acre) |
| Other | At the discretion of Council |
## 8. COMMERCIAL INDUSTRIAL (CI) ZONE
## 8.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all buildings and structures or parts thereof erected, placed of altered or any parcel of land used in a Commercial Industrial Zone.
## 8.2 PURPOSE
- 1) The Commercial Industrial Zone is established principally to permit a range of commercial and industrial uses, including those that might not be permitted in other zones, while still enabling a mix of commercial and non-commercial uses typical of a rural area.
## 8.3 PERMITTED USES
- The following are permitted uses in the Commercial Industrial Zone:
- a. resource-related commercial uses;
- b. commercial uses;
- auto body shops;
- d. service stations;
- e. car washes,
- f. kennels,
- g. tourism establishments,
- h. tourist attractions,
- light industrial uses;
- mixed residential / commercial building; and
- k. residential dwellings of all types.
- The following are permitted as accessory uses in the Commercial Industrial Zone:
- a. accessory structures;
- b. home-based businesses;
- C. secondary suites; and
- d. wind energy facilities of a maximum capacity of up to 100 kw.
## 8.4 SITE-SPECIFIC AMENDMENT USES
- Notwithstanding section 8.3 above, the following may be permitted through the site-specific amendment process, subject to such conditions as Council deems necessary:
- a. cannabis operations;
- b. resource-related industrial uses;
- c. solar arrays and wind energy facilities of more than 100 kw; and
- d. non-resource industrial uses other than light industrial uses.
## 8.5 SUPPORTING INFORMATION
- 1) Any application for a site-specific amendment pursuant to section 8.4 shall be accompanied by the following supporting information, in a form acceptable to Council:
- a. a statement documenting the precise means by which the development will maintain or enhance the rural character of the community;
- b. a statement documenting the compatibility of the development with adjacent land uses;
- C. an overview of measures to protect significant natural features;
- d. environmental engineering designs and plans detailing environmentally-acceptable permanent, long term water supply and sewage disposal systems and methods for protecting the natural environment, prepared by a professional engineer, and
- e. long term plans for those portions of the property which are not proposed to be developed.
## 8.6 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development in a Commercial Industrial Zone:
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations, as amended from time to time, and where there is a conflict, the more stringent shall apply (See Schedule B).
| | (On-Site Serviced) | Central Sewer | Central Water and Central Sewer |
|-----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|
| Minimum lot area | see Schedule B | see Schedule B | 1,394 sq. m. (15,000 sq. ft.) |
| Maximum lot area | 0.4 ha (2 acres) | 0.4 ha (2 acres) | 0.4 ha (2 acres) |
| Minimum frontage | see Schedule B | see Schedule B | 30.5 m. (100 ft.) |
| | All lots | All lots | All lots |
| Minimum front yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations |
| Minimum rear yard | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) |
| Minimum side yard | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) |
| Minimum flankage yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads |
## 8.7 LANDSCAPED AREAS
- 1) Where a commercial or industrial establishment is adjacent to a residential use, a landscaped strip of not less than 7.62 m. (25 ft.) in width shall be maintained in a properly landscaped condition, free of parking or buildings or open storage, and shall be located on the same lands as the commercial or industrial establishment.
## 8.8 DWELLINGS IN A COMMERCIAL BUILDING
- 1) A mixed commercial/residential building may have a combination of commercial uses and residential uses provided they meet the following requirements:
2. dwelling units may be permitted on the same floor as commercial uses, provided they are completely segregated from the commercial use and have a separate entrance which serves the dwelling units);
- b. the dwelling unit shall not be above a restaurant, lounge, automobile service station, auto body shop, or a dry-cleaning establishment;
- C. for each dwelling unit, 400 sq. ft. (47 sq. m.) of landscaped open space and parking spaces in accordance with part 5 are provided; and
- d. each dwelling unit meets the requirements of the provincial fire marshal.
## 8.9 AUTOMOBILE SERVICE STATION
- 1) Notwithstanding any other provision of this Bylaw, the following special provisions shall apply to an automobile service station:
- 2) Where the service station includes a car wash, all washing operations shall be carried on inside the building.
| | Requirement |
|---------------------------------------------|--------------------|
| Minimum Lot frontage | 45.72 m. (150 ft.) |
| Minimum pump setback | 6.10 m. (20 ft.) |
| Minimum pump distance from access or egress | 9.14 m. (30 ft.) |
| Minimum width of driveway | 7.62 m. (25 ft.) |
## 8.10 CAMPGROUNDS AND RV PARKS OR SITES
- 1) All campgrounds and RV parks or campground sites or RV sites shall conform to the minimum provisions of the Tourism Industry Act Regulations.
- 2) All applications to develop or expand a campground or RV park or campground sites or RV sites shall include a site plan showing the following information:
- a. boundaries of the parcel to be developed;
- b. outline of trees or vegetative cover and a general indication of maturity and type;
- C. indication of adjacent property uses and abutting features which require consideration;
- d. location and size of built features; and
- e. an accurate and complete overlay of all features of the proposed development, including, but not necessarily limited to:
- i. proposed ingress and egress to the site, including parking lots, stalls, and adjacent streets, and delineation of traffic flow with directional arrows, and indication of the location of directions signs or other motorists' aids;
- ii. designation of required buffer screens (if any);
- ili. existing landscaping that will be retained and proposed landscaping, differentiated and shown;
- iv. locations of all existing (to remain) and proposed buildings on the site and all buildings within 15.2 m. (50 ft.) of the site's boundaries; and
- v. location of all existing (to remain) and proposed lighting standards and utility poles, complete with routing of electrical supply.
## 8.11 BED AND BREAKFAST AND SHORT-TERM RENTALS
- 1) Bed and breakfasts and short-term rentals operating within the Commercial Industrial Zone shall be considered commercial tourism establishments and shall be subject to the development regulations of a commercial use, unless otherwise specified.
## 8.12 WIND ENERGY FACILITIES
- 1) Where a wind energy facility is permitted, the following shall apply:
- a. No person shall erect or place a wind energy facility without first applying for and receiving a development permit, and
- b. the standards of Schedule D shall apply.
## 9. PARKS AND RECREATION (PR) ZONE
## 9.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all buildings and structures or parts thereof erected, placed of altered or any parcel of land used in a Parks and Recreation Zone.
## 9.2 PURPOSE
- 1) The PR Zone is established principally to support public and private recreational, park and open space uses.
## 9.3 PERMITTED USES
- 1) The following are permitted uses in the PR Zone:
- a. historic sites;
- b. trails;
- C. parks and playgrounds;
- d. pavilions and bandstands;
- e. recreational facilities; and
- f. sports fields.
8. The following are permitted as accessory uses in the PR Zone:
- a. accessory structures, including washrooms and concession stands;
- b. administrative offices; and
- C. parking lots.
## 9.4 LOT REQUIREMENTS
- 1) Subject to subsection 2), the following lot requirements shall apply to any development involving a building in a PR Zone:
| | | | (On-Site Serviced) Central Sewer Central Water and Central Sewer |
|--------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|
| Minimum Lot area | see Schedule B | see Schedule B | 1,394 sq. m. (15,000 sq. ft.) |
| Minimum frontage | see Schedule B | see Schedule B | 30.5 m. (100 ft.) |
| | All lots | All lots | All lots |
| Minimum front yard | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads 5.2 m. (17 ft) - subdivision roads as classified under the Highway Access Regulations |
| Minimum rear yard | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) |
| Minimum side yard | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) | 4.6 m. (15.1 ft.) |
| Minimum flankage | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads | 15.2 m. (50 ft.) - arterial, collector, local, and seasonal roads |
| Jard | 5.2 m. (17 ft) - subdivision roads | 5.2 m. (17 ft) - subdivision roads | 5.2 m. (17 ft) - subdivision roads |
- 2) All lots shall conform with the minimum lot size standards in the Province-Wide Minimum Development Standards Regulations as amended from time to time (See Schedule B).
## 9.5 PARKS CANADA NATIONAL HISTORIC SITE
- 1) Land use decisions related to the Parks Canada Historic Site are vested in the Government of Canada and no development permits are required from the Municipality.
## 10. ENVIRONMENTAL RISK (ER) ZONE
## 10.1 GENERAL
- 1) Except as otherwise provided in this Bylaw, the following standards shall apply to all buildings and structures or parts thereof erected, placed of altered or any parcel of land used in the Environmental Risk Zone.
- 2) Structures that involve minimal disturbances such as gazebos, flagpoles, and fences, may be permitted within the zone, provided all other bylaw standards and provincial requirements for permits are met.
## 10.2 PURPOSE
- 1) The Environmental Risk Zone is intended to enhance the protection of surface and ground water quality, sensitive natural systems, and wildlife habitat and to protect persons and properties from risk or harm in areas subject to other development constraints.
- 2) Where a property in the Environmental Risk Zone is subject to one or more development constraints, the more stringent requirements shall apply.
## 10.3 BUFFER ZONE
- 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.
- 2) 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.
- 3) That portion of any property having a wetland, watercourse, or buffer zone, or any combination thereof, shall be included in the Environmental Risk Zone and applications for subdivision and development permits on that portion of those properties will be referred to the Province's department responsible for the Environmental Protection Act.
- 4) For the avoidance of doubt, the requirements in this Bylaw for the Environmental Risk 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.
## 10.4 WELLFIELD
- 1) The following are permitted uses in the Environmental Risk Zone for properties located within a designated wellfield:
- a. agricultural uses;
- b. fishery uses;
- c. forestry uses;
- d. resource-related commercial uses;
- e. single-detached dwellings; and
- f. duplex dwellings and semi-detached dwellings.
- 2) Prior to issuance of a development permit for a property located within a designated wellfield in the Environmental Risk Zone, the development officer shall:
- a. notify the municipality that has designated the wellfield or the Province, as the case may be, of the proposed development and land use; and
- b. consult with officials with the Province and/or private consultants to ensure that necessary measures are taken to protect the designated wellfield from potential direct, indirect and long-term impacts of the proposed development and land use.
## 10.5 CONTAMINATED SITES
- The following are permitted uses in the Environmental Risk Zone for properties that have been registered with the Province as a contaminated site:
- a. agricultural uses;
- b. fishery uses;
- c. forestry uses;
- d. non-residential institutional uses, and
- e. resource-related commercial uses.
- 2) For an application for a development permit on a lot that has been registered as a contaminated site, the application shall include confirmation from the Province that the proposed use meets all of the Province's environmental regulations.
## 10.6 SETBACKS FROM WATERCOURSES, EMBANKMENTS AND WETLANDS
- 1) The boundary of any wetland, watercourse, and buffer zone shall be shown on any site plan submitted to the development officer as part of a development permit application.
- 2) Notwithstanding anything contained in this Bylaw, the minimum horizontal structure setbacks for watercourse and wetland buffer zones shall be determined as follows:
- a. coastal area: the greater of:
- i. 15 m. (49.21 ft.) plus the minimum setbacks for the proposed structure for the applicable zone adjacent to the Environmental Risk Zone; or
- ii. 60 times the annual rate of erosion, where applicable, as determined by the Province's department responsible for such calculations; or
- b. non-coastal area: 15 m. (49.21 ft.) plus the minimum setbacks for the proposed structure for the applicable zone adjacent to the Environmental Risk Zone.
5. On a lot located within or adjacent to a coastal floodplain, no structure shall be erected or placed where the elevation of the grade of the lot is 3.13 m. (10.27 ft.) CGVD2013 (3.52 m. (11.55 ft.) CGVD28) or less 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.
- 4) Notwithstanding subsection (3), 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:
7. the submission of a grading plan, designed and stamped by a professional engineer,
- b. any alteration to the grade does not encroach into the buffer zone, as defined in the Environmental Protection Act and the Watercourse and Wetland Protection Regulations, except where a watercourse, wetland and buffer zone activity permit has been issued by the Province; and
- C. compliance with all other applicable requirements of this Bylaw.
Figure 3 - horizontal setback - coastal areas, watercourses or wetlands
<!-- image -->
- 5) 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, the development officer or Council, as appropriate, may require the property owner to engage a professional engineer, professional architect or landscape architect to design all or part of the development to ensure the provisions of this Bylaw are met.
2. Figure 6 - Vertical and horizontal * Except where grade can be raised in area outside of the wetland and watercourse buffer
<!-- image -->
setbacks - coastal areas, watercourses or wetlands, with raised grade
- 6) Notwithstanding subsection (3), where a property that is the subject of an application for a development permit has been identified as legacy lands by the Council pursuant to its legacy lands assessment policy, development may be permitted subject to the following:
2. the submission of a grading plan, designed and stamped by a professional engineer,
- b. any alteration to the grade does not encroach into the buffer zone, as defined in the Environmental Protection Actand the Watercourse and Wetland Protection Regulations, except where a watercourse, wetland and buffer zone activity permit has been issued by the Province;
- c. the development of the legacy lands is in compliance with all other applicable requirements of this Bylaw to the greatest extent possible and is only inconsistent with the Bylaw insofar as is necessary to recognize the vested right of the owner of the legacy lands;
- d. the owner of the legacy lands provides a signed waiver, in the form prescribed by Council, waiving all claims against the municipality, its Council members, employees, agents, successors and assigns; and
4. the owner of the legacy lands enters into a development agreement with the municipality which includes the obligation for the owner of the legacy lands to obtain a written assignment of the waiver referenced in (d) from subsequent owner(s) before the legacy lands, or any part thereof, are conveyed.
- 7) Where an existing lot held in separate ownership is unsuitable for development as a result of the requirements of the Environmental Risk Zone and is not identified as legacy lands by the Council pursuant to its legacy lands assessment policy, the lot may be used seasonally with a recreational vehicle, subject to meeting all requirements for on-site systems.
- 8) The development officer or Council, as appropriate, may require the applicant to provide an erosion management plan to address siltation and overland erosion during construction that may impact an adjacent wetland or watercourse.
- 9) For the avoidance of any doubt, setbacks for buildings and structures on properties containing or bordering on an Environmental Risk Zone shall be calculated from the boundary of the zone, not the lot line.
## 11. VARIANCES
## 11.1 VARIANCE APPLICATIONS
- 1) When a development permit application cannot be approved because the proposed development does not meet the minimum requirements of the Bylaw, the applicant may apply in writing for a variance in the form approved by Council.
2. Subject to the Province-wide Minimum Development Standards, a variance from the minimum requirements of this Bylaw may be granted for any of the following requirements provided it meets the intent of the Official Plan:
- a. lot area or dimensions or both;
- b. setbacks; of
- C. the area, beight, or size of a structure.
6. Variance applications shall be considered against the following tests for justifying a variance:
7. that the lot in question has peculiar physical conditions, including small lot size, irregular lot shape, or exceptional topographical conditions, which make it impractical to develop in strict conformity with bylaw standards;
- b. that strict application of all bylaw standards would impose undue hardship on the applicant by excluding them from the same rights and privileges for reasonable use of their lot as enjoyed by other persons in the same zone;
- C. that the variance is of the least magnitude required to enable reasonable use of the lot, and
- d. that the proposed variance would not impact unduly on the enjoyment of adjacent parcels, or on the essential character of the surrounding neighbourhood.
- 4) Authorization for a variance shall be documented and recorded in writing.
- 5) No variance shall be granted where the matter is the result of intentional or negligent conduct of the owner, including ignorance on the part of the owner, or where the difficulty can be remedied in some other reasonable manner.
- 6) When an application for a variance has been decided, Council may refuse to hear an application for the same or a similar variance for the lot for one (1) year after its rendering a decision unless Council is of the opinion that there is new information.
## 11.2 VARIANCES OF UP TO 5%
- 1) The development officer may authorize a variance not exceeding 5% from the provisions of this Bylaw if, in the opinion of the development officer, the variance is appropriate and justified pursuant to subsection 11.1 (3) and if the general intent and purpose of this Bylaw is maintained.
## 11.3 VARIANCES OF UP TO 10%
- 1) Council may authorize a variance not exceeding 10% from the provisions of this Bylaw if, in the opinion of Council, the variance is appropriate and justified pursuant to subsection 11.13) and if the general intent and purpose of this Bylaw is maintained.
## 11.4 VARIANCES IN EXCESS OF 10%
- 1) Notwithstanding any other section of this Bylaw, Council in its discretion may authorize a variance in excess of ten percent (10%) but no greater than 50% from the provisions of this Bylaw, where warranted, if Council deems such a variance appropriate and if such variance meets the criteria of subsection 11.1(3) and is in keeping with the general intent and purpose of this Bylaw and the Official Plan.
- 2) Before Council considers a variance in excess of 10%,
- a. the development officer shall:
1. receive from the owner sufficient funds to cover the costs of the application fee, and the advertising and mailing of written notices required for a public meeting under section 12.4; and
- ii. provide notice in accordance with the requirements of clause 12.41)b) explaining the details of the proposed application and the date by which written comments must be received, and
- b. Council shall:
- i. hold a public meeting to receive comments on the proposed variance, notice of which shall be provided in accordance with the provisions of section 12.4 indicating in general terms the nature of the variance application and the date, time, and place of the meeting; and
- ii. request and consider the recommendation of Planning Board.
- 3) In making its recommendation, Planning Board shall consider the application having regard for the criteria in subsection 11.1(3), the input received from the public, and the policies and objectives of the Official Plan and shall make a recommendation to Council.
## 12. OFFICIAL PLAN AND BYLAW AMENDMENTS
## 12.1 AMENDMENT APPLICATIONS
- 1) A person making application for an amendment to the provisions of this Bylaw shall do so on a form prescribed by Council and shall submit the application to the development officer. The applicant shall describe in detail the reasons for the desired amendment and request that Council consider the proposed amendment. Any request for an amendment shall be signed by the person seeking the amendment or the person's authorized agent.
- 2) A change to either the text of this Bylaw or the Zoning Map is an amendment and any amendment shall be consistent with the policies of the Official Plan.
- 3) An application for an amendment shall include such information as may be required for the purpose of adequately assessing the desirability of the proposal or other potential permitted uses, including but not limited to:
4. 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.
- 4) The applicant shall, at the time of submitting the application for an amendment, 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.
- 5) Council shall determine whether or not to consider an amendment and before making a decision shall consider whether:
- a. the proposed amendment is in conformity with the Official Plan; or
- b. to amend the Official Plan in accordance with the provisions of the Planning Act.
- 6) Related Official Plan and bylaw amendments may be considered concurrently, provided that the public and written notices required under section 12.4 indicate in general terms the nature of both the proposed Official Plan amendment and proposed bylaw amendment, and consideration and a decision regarding the Official Plan amendment precedes the bylaw amendment.
## 12.2 SITE-SPECIFIC AMENDMENTS
- 1) Council may approve a site-specific amendment to the permitted uses and standards in any zone through a bylaw amendment process, where the following criteria are satisfied:
- the proposed site-specific amendment is not contrary to the Official Plan. If an application is contrary to the policies in the Official Plan, an application to amend the Official Plan must be filed in conjunction with the application to amend the Bylaw;
- b. the proposed use of land of a building that is otherwise not permitted in a zone is sufficiently similar to or compatible with the permitted uses in that zone; and
- the proposed use does not undermine the overall integrity of the zone, is in the public interest, and is consistent overall with sound planning principles.
- 2) Prior to making a decision with regards to an application for a site-specific amendment, the Municipality shall ensure that:
- a. written notice to adjacent property owners is provided in accordance with section 12.4, including details of the proposed development and inviting written comments;
- b. a public meeting is held to receive comments on the proposed site-specific amendment use in accordance with the requirements of section 12.4; and
- c. all other relevant provisions of this Bylaw can be met.
- 3) Notwithstanding any other provision of this Bylaw, Council may approve a site-specific amendment to the permitted uses or regulations within any zone, after:
- a. receiving a recommendation from the development officer and Planning Board; and,
- b. following the process as prescribed for an amendment to this Bylaw.
## 12.3 AMENDMENT PROCEDURES
- Planning Board shall review each amendment request and provide recommendations to Council.
- 2) Prior to making a final recommendation with regards to a proposed amendment to the Official Plan or this Bylaw, Planning Board shall provide public notice and hold a public meeting pursuant to the provisions of section 12.4 in this Bylaw and the requirements of the Planning Act.
- 3) Following the public meeting, Planning Board shall consider the feedback received from the public by way of written responses and comments made at the public meeting. The applicant may be provided another opportunity to present to Planning Board to answer any further questions that may have arisen at or following the public meeting. Planning Board shall make a recommendation to Council on the application.
- 4) Planning Board and Council shall consider the following general criteria when reviewing applications for amendments to the Bylaw, as applicable:
- a. conformity with the Official Plan;
- b. conformity with all requirements of this Bylaw:
- c. suitability of the site for the proposed development,
- d. compatibility of the proposed development with surrounding land uses, including both existing and future uses as per the Zoning Map;
- e. any comments from residents or other interested persons;
- f. adequacy of existing water supply, wastewater treatment and disposal systems, streets, stormwater management, and parks and parkland for accommodating the development, and any projected infrastructure requirements;
- g. impacts from the development on pedestrian and vehicular access and safety, and on public safety generally;
- h. compatibility of the development with environmental systems;
- i. impact on the Municipality's finances and budgets; and
- j. other planning matters as considered relevant by the Planning Board or Council.
- 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.
- 6) All amendments to the Official Plan or this Bylaw shall be made in accordance with the procedures set out in the Planning Act.
- 7) The development officer shall notify the applicant in writing of the decision and notice of the decision shall be posted 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.
11. Amendments to the Official Plan or this Bylaw approved by Council also require approval by the Province's minister responsible for administering the Planning Act or any successive legislation.
- 9) 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.
- 10) 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.
- 11) 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 12.14) shall be returned to the applicant.
- 12) Nothing in this Bylaw restricts the right of Planning Board or Council to initiate its own amendment to the Official Plan or this Bylaw.
## 12.4 PUBLIC MEETING REQUIREMENTS
- 1) Where a public meeting is required under this Bylaw, the development officer shall, at least seven (7) clear days prior to the public meeting;
- a. ensure that a notice is placed in a newspaper circulation in the area and on the Municipality's website;
- b. ensure that written notice is provided to all property owners wholly or partially within:
- i. 153 m. (502 ft.) of all boundaries of the subject property, where the subject of the meeting is an application for a variance pursuant to subsection 11.42);
- ii. 153 m. (502 ft.) of all boundaries of the subject property, where the property is the subject of the meeting for an amendment to the Official Plan or this Bylaw, including a change in zoning or a site-specific amendment; and
- ili. 305 m. (1,000 ft.) of all boundaries of the subject property, where the subject of the meeting is an application for an intensive livestock operation; and
- c. in the case of an application for a change in zoning or a site-specific amendment, ensure a sign a minimum of 1.22 m. by 1.22 m. (4 ft. by 4 ft.) is placed on the land being proposed for a rezoning or site-specific amendment indicating that an application has been received and directing people to contact the Municipality to get the specific details.
## 12.5 ZONING AND GENERAL LAND USE MAP REVISIONS
- 1) The development officer may make technical revisions to the Zoning Map and the Future Land Use Map in the Official Plan for purposes of
- a. better reflecting detailed or changing topographical or legal conditions such as new streets or approved lots; or
- b. ensuring that the Zoning Map and the Future Land Use Map in the Official Plan reflect approved amendments to the Official Plan and Bylaw.
## 13. GENERAL PROVISIONS FOR SUBDIVIDING LAND
## 13.1 SUBDIVISION APPROVAL
- 1) No person shall subdivide one or more lots or any portion or interest in a lot and no person shall consolidate two or more parcels of land until the conditions of this Bylaw have been complied with and the applicant has received final approval from the development officer or Council, as applicable.
2. Notwithstanding subsection (1), where a parcel is naturally subdivided into two or more units by a street, a watercourse, or other body of water, each of the units shall be treated as a separate Parcel.
## 13.2 CONVEYING INTEREST IN A LOT
- 1) No person shall sell or convey any interest in a lot before the development officer or Council, as the case may be, has issued a stamp of approval for the lot or the subdivision in which the lot is situated.
## 13.3 PERMISSION TO SUBDIVIDE
- 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 undue flooding or erosion;
- d. has street access;
- e. has adequate utilities and services available or can reasonably be provided with such utilities and services;
- f. will provide for effective and efficient traffic flow and access that takes into consideration emergency access, natural hazards, and other safety risks;
- g. is designed so that lots will have suitable dimensions, shapes, orientation and accessibility;
- h. is designed to accommodate climate change mitigation and adaptation measures such as ensuring there is adequate land above the flood risk elevation to establish legal access, accommodate the proposed development, and adequately support on-site services; and
10. is suitable to the use for which it is intended, and the future use of adjacent lands.
- 2) Notwithstanding clause 1)(d), a parcel may be subdivided that does not have frontage on a street where a binding agreement with the Municipality or a recognized land trust or conservancy has been put in place to permanently conserve the proposed lot as a natural area, and provided legal entitlement to a private right-of-way for access to the property in question has been established through an agreement with the owner of the private right-of-way and registered in accordance with the provisions of the Registry Act.
## 13.4 REDUCED LOT FRONTAGE OR AREA
- 1) If a parcel of land in any zone is of such configuration that the Council deems it cannot reasonably be subdivided in such a way to provide the required minimum frontage on a street or where lots are designed with a reduced frontage along a bend in a street or facing a cul-de-sac, the Council may approve a reduced frontage, if in the opinion of the Council:
- a. adequate and safe access is provided;
- b. the lot width at the building line measures at least as much as the minimum lot frontage for the zone; and
- C. the proposed lot has a minimum frontage of 7.32 m (24 ft)
- 2) The subdivision of panhandle lots shall be restricted to parcels existing in separate ownership as of the effective date of this Bylaw and not more than two (2) panhandle lot may be subdivided per existing parcel.
6. The minimum acceptable frontage for a panhandle lot shall be 7.32 m. (24 ft.) and the lot width at the front building line shall measure at least as much as the minimum lot frontage for the zone;
- 4) The area of the access driveway or right-of-way portion of a panhandle lot shall not be included in the minimum lot area requirements.
- 5) The subdivision or consolidation of an existing non-conforming lots) may be permitted if the subdivision or consolidation results in an increase to the lot area or lot frontage or both, even if the lot will remain undersized following the subdivision or consolidation, where the subdivision or consolidation would otherwise be permitted under this Bylaw.
Figure 7 Cul-de-Sac Lot Frontage
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## 13.5 SUBDIVISIONS IN RA AND CI ZONES
- 1) Within a Rural Area Zone, subdivisions shall be restricted to existing parcels only and no person shall be permitted to subdivide more than four (4) lots, no more than two (2) of which may be approved for uses other than residential uses or resource-related uses.
2. Within a Commercial Industrial Zone, subdivisions shall be restricted to existing parcels only and no person shall be permitted to subdivide more than two (2) lots.
- 3) For the purposes of this section, existing parcel shall mean a parcel of land which was held in separate ownership as of the effective date of this Bylaw.
- 4) Within the Rural Area Zone:
- a. A subdivision for residential uses shall not be permitted within 305 m. (1000 ft.) of the lot line of an existing intensive livestock operation; and
- b. where a residential subdivision is proposed, the development officer shall provide written notice to all operators of intensive livestock operations within 305 m. (1,000 ft.) of the boundaries of the lot, informing them of the details of the application and soliciting their comments.
## 13.6 SUBDIVISIONS IN THE SPECIAL PLANNING AREA
- 1) In the areas subject to the Cornwall Region Special Planning Area, the requirements of clause 63(10)(d) of the Subdivision and Development Regulations shall apply. (See Schedule F)
## 13.7 SUBDIVISIONS IN COASTAL, WATERFRONT, AND WETLAND AREAS
- 1) Where a subdivision is located adjacent to a coastal area, watercourse, or wetland, the subdivision shall be subject to the following:
- a. public access to the beach shall be provided if the property being subdivided includes shore frontage on a beach, with at least one access measuring at least 6.1 m. (20 ft.) to be located approximately every 200 m. (656.2 ft.) of shore frontage;
3. the area to be set aside as parkland dedication may include land located along the watercourse, and
4. compliance with the requirements of subsection 4.5.
- 2) The area of a lot that falls within the Environmental Risk Zone may be included as part of the lot in a subdivision where the lot has sufficient area exclusive of the Environmental Risk Zone area to permit the required setbacks, on-site services and the minimum circle diameter requirements under the Province-wide Minimum Development Standards Regulations.
- 3) Where a lot or a portion of a lot contains a wetland or watercourse, the boundary of which is defined by the Watercourse and Wetland Protection Regulations, the lots) shall meet the minimum lot area for the zone exclusive of the area of the wetland or watercourse.
## 13.8 CONSERVATION SUBDIVISIONS
- 1) Notwithstanding the provisions of this Bylaw and in particular the minimum lot size standards in the Rural Residential Zone, within any Rural Residential Zone, Council may grant approval of conservation subdivisions with reduced standards for minimum lot size where the following criteria have been met:
- a. a site-specific amendment has been approved for the property;
- b. the property to be subdivided is at least 6 hectares in size;
- c. all proposed lots comply with the minimum lots size standards established in the Province-Wide Minimum Development Standards Regulations;
- d. at least 50% of the lands being subdivided is put aside in the form of an undivided permanent conservation zone to be deeded to the Municipality or a recognized land trust or conservancy, and a maintenance fund is established to protect this conservation area;
- e. all undivided open space capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the Municipality, and duly registered in accordance with the Registry Act,
7. at least twenty-five percent (25%) of the minimum required open space shall be suitable for active recreation purposes, but no more than fifty percent (50%) shall be utilized for that purpose, in order to preserve a reasonable proportion of natural areas on the site;
- g. a portion of the conservation zone is designated for general public access in accordance with the parkland dedication requirements in this Bylaw; and
- h. the subdivision is serviced by central on-site water and wastewater treatment systems that meet current provincial standards and are designed and certified by a professional engineer.
10. The required open space may be used, without restriction, for underground drainage fields for the central wastewater treatment system, subject to approval by the Province's department responsible for the environment.
- 3) Council may conduct a public meeting to consider public opinion on the design of the subdivision.
## 13.9 ROAD STANDARDS
- 1) All new streets or extensions to existing streets or to private rights-of-way shall be streets and no subdivision shall be permitted of a lot served by a private road.
2. All applications for subdivision shall be reviewed by the Province's department responsible for the Roads Act, and where an entrance way permit or other approval or permit is required pursuant to the Roads Act, a final approval of subdivision shall not be granted until that entrance way permit or other approval or permit has been granted.
- 3) Subject to sections 13.5 and 13.6, subsection (1) above, and all other requirements of this Bylaw, the subdivision of lots that abut, and require access to, a collector highway that has not been designated as infill under the Roads Act shall be subject to the following standards:
2. Subject to sections 13.5 and 13.6, subsection (1) above, and all other requirements of this Bylaw, one lot, in addition to those permitted in clauses 13.9(3) (a) or (b), may be approved provided that:
- a. the proposed lot contains an existing farm dwelling served by an existing highway access;
- b. the dwelling on the lot shall be served by the existing dwelling access; and
- c. no development permit shall be issued for a dwelling on the remainder of the parent parcel.
- 5) Subsection (3) does not apply to a parcel of land along a portion of a collector highway that is designated for infilling under the regulations made under the Roads Act.
- 6) Notwithstanding the restrictions on subdivisions specified in subsection (3), and subject to sections 13.5 and 13.6 and subsection (1), a person may subdivide lots from a parcel of land that abuts, and requires access to, a collector highway, provided:
- a. the person has applied for and obtained approval of a plan of subdivision that includes approval for a street connecting to and within the subdivision to serve the lots; and
- b. all other requirements of this Bylaw can be met.
| Frontage of parcel being subdivided: | Maximum number of lots that may be approved abutting, and requiring access to, the Collector Highway: |
|---------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------|
| a. less than 402.3 m. (1,320 ft.), parcel existing prior to February 3, 1979 | one lot, where no lot has previously been approved for subdivision from the parent parcel as it existed on February 2, 1979. |
| b. 402.3 m. (1,320 ft.) or more, parcel existing prior to February 3, 1979 | One lot for every 201 m. (660 ft.) of frontage of the parent parcel on February 2, 1979. |
| c. less than 402.3 m. (1,320 ft.), parcel approved on or after February 3, 1979 | No lot may be approved for subdivision. |
| d. 402.3 m. (1,320 ft.) or more, parcel approved on or after February 3, 1979 | One lot for every 201 m. (660 ft.) of frontage, and each lot must have a minimum of frontage of 201 m. (660 ft.). |
## 13.10 SUBDIVISIONS OF SEMI-DETACHED AND TOWNHOUSE DWELLINGS
- 1) Semi-detached dwellings and townhouse dwellings may be subdivided for individual sale and ownership provided that:
- a. the subdivision would not result in a total number of lots exceeding the maximum number of lots which may be severed from an existing parcel under this Bylaw;
- b. a subdivision of the parcel of land has been approved by the development officer or Council, as the case may be, and such subdivision provides for appropriate easements or common area to allow entry by an owner of any portion of the building to their rear yard area;
- c. the dwellings shall be separated by a vertical fire wall built in accordance with the National Building Code;
- d. a separate well and sewage disposal system is provided for each dwelling;
- e. separate electrical services are provided for each dwelling;
- f. a separate heating device is provided for each dwelling;
- g. separate parking is provided for each dwellings unless the Council waives the requirement; and
- h. a copy of the agreement made between the owners covering the following terms is approved by the Council and registered on the title of each dwelling. The agreement shall address the following:
- i. common walls;
- ii. maintenance;
- ili. fire insurance;
- iv. easements;
- v. parking;
- vi. snow removal;
- vii. any other items jointly owned or used; and
- vili. any other terms and conditions that the development officer or Council, as appropriate, deems necessary to ensure compliance with this Bylaw.
## 13.11 APPLICATION AND PRELIMINARY APPROVAL PROCESS
- Any person seeking approval of a subdivision shall first make application for preliminary approval, and shall be required to submit to the development officer the following:
- an application in the form prescribed by the Council;
- b. the application fee as set forth in Schedule C;
- C. a soil assessment;
- d. a description of uses on the surrounding parcels, and
- five (5) copies of a preliminary subdivision plan, prepared by professional land surveyor or professional engineer, showing:
- i. contours showing topography of the parcel with at least 2 m (6.56 ft) contour lines;
- ii. the true shape and dimensions of the proposed lots;
- ili. the location of every existing building or structure on the parcel and adjacent parcels;
- iv. existing and proposed services and utilities;
- v. proposed widths and locations of all streets,
- vi. location of land proposed for open space and parks use, if applicable;
- vii. proposed surface water drainage patterns and designed drainage features, when applicable; and
- vili. other existing features, including buildings, watercourses, wetlands, buffer zones, wooded areas, and areas subject to current or projected future flooding or erosion.
- 2) The development officer may also require the applicant to provide additional information required to assist in evaluating a proposed subdivision, including, but not limited to:
- a. a water test;
- b. an assessment on any potential environmental impacts, including any requirements imposed by the Province's statutes or regulations or other enactments;
- C. a stormwater management plan;
- d. a traffic survey or a traffic study;
- C. an assessment by the Province on potential environmental impacts, including requirements imposed by provincial statutes, regulations or other enactments;
8. an assessment by the Province on access, transportation or pedestrian issues related to the design; and
- g. any other studies or documentation required in order to adequately determine whether the requirements of this Bylaw are met.
10. The development officer or Council, as the case may be, may refuse to approve a subdivision which is unsuitable under the provisions of this Bylaw.
- 4) The development officer or Council, as appropriate, shall evaluate any proposed subdivision to determine whether:
- a. the proposed subdivision meets the intent of the Official Plan and the requirements of Part 13 of this Bylaw;
- b. appropriate street design standards and lot configurations have been used to promote the development of safe, convenient, and pleasant neighbourhoods; and
- C. a subdivision agreement shall be required in accordance with section 13.14.
- 5) In consultation with the Province, and in review of water supply and sewage disposal needs, subdivision approval may be withheld until such time as adequate servicing has been designed for the subdivision. Central water supply or sewage disposal or both may be required as a condition of subdivision approval.
16. Where a subdivision application is submitted concurrently with a rezoning application, the preliminary subdivision approval shall not be granted until the rezoning application has been processed and has received approval.
- 7) Street design drawings and a stormwater management plan prepared by a professional engineer shall be submitted with an application for preliminary approval for any subdivision involving the construction of a new street.
- 8) Where the development officer or Council, as the case may be, generally accepts the details of a subdivision application, they may issue a preliminary approval, which shall include all conditions to be satisfied for the subdivision to proceed to final approval.
2. Preliminary approval for any proposed subdivision shall not be construed as final approval of such subdivision for legal conveyance or for land registration purposes.
## 13.12 PARKLAND DEDICATION AND / OR PARKLAND DEDICATION FEE
- 1) A person seeking to subdivide five (5) or more lots, 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 of the parkland to be conveyed shall be at the discretion of, and shall be subject to approval by Council;
- b. the parkland shall be free of all encumbrances; and
- c. Council may apply some or all of the dedication and conveyance of the lot area to active transportation routes or trail systems or both where such can be provided within or between subdivisions, or to ensure that valued natural assets such as forest cover can be protected.
- 2) In lieu of a parkland conveyance, where land is deemed to be inappropriate by Council, Council shall require a payment of ten percent (10%) of the assessed value of the lots to be subdivided, calculated on the projected value of the lands being subdivided, including all infrastructure costs upon final approval of the subdivision, and shall not take into account the value of structures on such lands. Council retains the right to use the Province's land valuation and assessment division or a qualified property appraiser in determining the projected assessed value of the land.
- 3) Council may, where Council determines that a combination of parkland and cash-in-lieu payments is in the best interests of the Municipality, require that parkland dedication be in the form of a combination of land and cash of an equivalent value.
- 4) Any monies collected pursuant to subsections (2) or (3) shall be designated for the purpose of recreational and public open space lands or uses.
- 5) A further subdivision of land that has already been subject to a parkland dedication or conveyance shall be exempt from the requirements of this section.
## 13.13 SERVICING
- 1) The Council may require that new subdivisions be provided with central water and wastewater treatment systems as a condition of subdivision approval.
- 2) All costs related to the design, approval, and construction of a shared or central water or wastewater treatment system shall be borne by the developer (s).
## 13.14 SUBDIVISION AGREEMENT
- 1) The development officer or Council, as the case may be, may require an applicant to enter into a subdivision agreement prior to issuing preliminary approval. The subdivision agreement may cover such matters required in order to ensure compliance with this Bylaw and may include, but not be limited to the following:
- a. the design and construction costs of sidewalks, water supply, wastewater treatment and disposal, streets, and street lighting;
- b. the dedication of parkland, or payment of a fee in lieu of parkland;
- c. the building of streets to provincial standards and deeding of streets to the Province's Department of Transportation and Infrastructure or its successor;
- d. the posting of a financial guarantee satisfactory to the Council;
- e. the provision of a controlled landscape plan and stormwater management plan to facilitate the drainage of water and to guard against flooding of lots within the subdivision and adjacent properties;
- f. the provision of such services, facilities or actions as are necessary to ensure the satisfactory development of the subdivision;
- g. the provision for the phasing of the subdivision; and
- h. the preservation and enhancement of surface water drainage systems.
- 2) The subdivision agreement shall be registered in accordance with the Registry Act and all fees associated with the preparation, registration, and enforcement of the subdivision agreement shall be paid by the developer.
## 13.15 FINAL APPROVAL
- 1) Except where otherwise provided for in this Bylaw, a stormwater management plan prepared by a professional engineer shall be submitted with an application for final approval for any subdivision of a lot into three (3) or more lots. The stormwater management plan shall include an overall surface water management strategy for the proposed subdivision, and shall include the proposed general location and top of the foundation elevation for the main buildings to be erected on each lot.
- 2) Final subdivision approval shall be granted by the Municipality only after the applicant has:
3. complied fully with all applicable requirements of this part, any subdivision agreement between the applicant and the Municipality, and any other conditions of preliminary approval;
- b. submitted at least seven (7) copies of a final survey plan showing all lots pinned and certified by a professional land surveyor, and
5. all agreements and other documents required under this Bylaw have been prepared and concluded to the satisfaction of the development officer,
- d. all transactions involving the transfer of land, money or security in conjunction with the subdivision have been concluded to the satisfaction of the development officer,
- e. the applicant has completed any necessary conditions of agreements with the Province's department responsible for transportation respecting street construction and the street has been accepted as public; and
- f. the applicant has completed any necessary conditions of agreements with the Province's Department of Transportation and Infrastructure or its successor and the street has been accepted as public.
4. The development officer may require the applicant to provide a digital file containing the (real earth) geographic co-ordinates of the plan of subdivision.
- 4) The development officer shall give notice of final approval of a subdivision in writing and shall place the Municipality's approval stamp on the seven copies of the survey plan and shall return one copy to the applicant.
- 5) The Municipality shall file a copy of the final survey plan with:
- a. the Province's Registrar of Deeds (2 copies);
- b. the Province's 911 Administration Office;
9. the Province's Department of Transportation and Infrastructure or any successor department of transportation, as required; and
- d. the Municipality's files.
- 6) The Municipality may grant final approval to part of a subdivision which is proposed to be developed in phases.
## 13.16 CONSOLIDATIONS
- 1) Any approval for a lot consolidation shall be conditional on the applicant combining the lots by deed expressing the perimeter boundary of the new parcel. The deed shall be registered in accordance with the Registry Act and all fees associated with the preparation and registration of the deed shall be paid by the developer.
2. Notwithstanding subsection 13.11, applications for final approval for lot consolidations or boundary line adjustments may be submitted without the preliminary approval stage of the application process, having regard to the provisions in the Bylaw for the approval of subdivisions as may be applicable and provided the application otherwise conforms to the Bylaw.
## 13.17 DEVELOPMENT PERMITS
- 1) No development permit shall 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.
## 13.18 RESCINDING OR ALTERING APPROVAL
- An existing approved subdivision or portion thereof may be rescinded or altered by the development officer of Council, as the case may be, if:
- a. the subdivision has been carried out contrary to the application, the conditions of approval, of the requirements of this Bylaw; 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.
## 14. PENALTIES
## 14.1 FINES
- Any person who violates any provision of this Bylaw shall be guilty of an offence and liable on summary conviction
- on a first conviction, to payment of a fine not exceeding $2,000;
- b. on a subsequent conviction, to a fine of not more than $400 for each day upon which the contravention has continued after the day on which the person was first convicted;
as well as payment of any outstanding fees. The judge presiding on any prosecution under this Bylaw may fix the costs of prosecution to be paid by the person found guilty.
- 2) Any prosecution for an offence under subsection (1) may be instituted within one year after the time when the contravention occurred.
- 3) The applicant and the property owner are liable for any offence under this Bylaw.
- 4) The Municipality is entitled to all of the enforcement remedies as set forth in Section 24 of the Planning Act and in Part 9 of the Municipal Government Act.
## 15. NOTICE OF DECISIONS
- 1) The development officer shall ensure that all decisions relating to applications are posted in accordance with section 23.1 of the Planning Act.
## 16. APPEALS
- 1) Any person who is dissatisfied by a decision enumerated in section 28 of the Planning Act in respect to the administration of this Bylaw may, within twenty-one (21) days of the decision, appeal to the Island Regulatory and Appeals Commission in accordance with the Planning Act.
- 2) Notwithstanding subsection (1) above, no appeals may be filed regarding a decision of the development officer or Council respecting the final approval of a subdivision where the grounds for the appeal are matters that could have been heard and determined at the stage of preliminary approval of the subdivision.
## 17. REPEAL
## 17.1 EFFECTIVE DATE
- 1) This Bylaw shall come into force on the date it is signed by the Province's minister responsible for the Planning Act.
## 17.2 REPEAL
- 1) The 2010 Rural Municipality of New Haven-Riverdale Zoning and Subdivision Control (Development) Bylaw, (last amendment effective March 24, 2021), is hereby repealed.
## 18. DEFINITIONS
For the purpose of this Bylaw, italicized words carry the defined meaning set forth in this section. Words that are defined in this section but that are not italicized when used in the Bylaw carry their ordinary meaning.
In this Bylaw:
## A
- ACCESSORY STRUCTURE means a separate subordinate structure which is used or intended for the better or more convenient continued enjoyment of the main building to which it is accessory, and located upon the parcel upon which such main building is or is intended to be erected.
- ACCESSORY USE means a use subordinate and naturally, customarily and normally incidental to and exclusively devoted to a main use of land or building and located on the same lot.
- AGRICULTURAL USE means the utilizing of land, a building, or structures to raise crops or animals or fowl and including the harbouring or keeping of livestock and includes an agricultural use of a building of land pursuant to the Farm Practices Act.
- ALTER means any change in the structural component of a building or structure or any increase in the volume of a building or structure.
- ANCILLARY USE or ANCILLARY means a listed, permitted land use that is additional, secondary, and complementary to a permitted principal or main use.
- ANIMAL SANCTUARY means a place where animals are brought to live and be protected or rehabilitated.
- AMENITY AREA means an area of land set aside for the purpose of visual improvement or relaxation.
- APPLICANT means any person responsible for and authorized to complete an application for a subdivision, development permit or bylaw or Official Plan amendment and for fulfilling any required preconditions or conditions of permit approval under this Bylaw.
- ARCHITECTS ACT means the Architects Act, R.S.P.E.I. 1988 Cap. A-18.1, as amended from time to time.
- ATTACHED means a building or structure which has a common wall and/or common roof line and the building or structure may be considered common as long as a minimum of twenty percent (20%) of the length of the wall or roof line is common with the main building or structure wall or roof.
- AUTO BODY SHOP means a building used for the storage, repair, and servicing of motor vehicles including body repair, detailing, painting and engine rebuilding.
- AUTOMOBILE SALES AND SERVICE ESTABLISHMENT means a building or part of a building or a clearly defined space on a lot used for the sale and maintenance of used or new automobiles.
- AUTOMOBILE SERVICE STATION means a building or part of a building or a clearly defined space on a lot used for the sale of lubricating oils and gasolines and may include the sale of automobile accessories and the servicing and repairing essential to the actual operation of motor vehicles.
B
- BANDSTAND means a raised platform, with or without a roof or enclosed sites, intended for outdoor performances.
- BASEMENT means a storey of storeys of a building located below the ground floor.
- BED AND BREAKFAST means a dwelling in which there is a resident owner or manager who provides accommodation and meals for the travelling public but does not include a boarding house, rooming house, apartment, hostel, short-term rental, group home, hotel, motel, restaurant, or lounge. Bed and breakfasts may include accessory activities that are complimentary thereof.
- BUFFER ZONE means the land within 15 m (49.2 ft) of a watercourse boundary or a wetland boundary as defined in the Watercourse and Wetland Protection Regulations.
- BUILDING CODES ACT means the Building Codes Act, R.S.P.E.I 1988, Cap. B-5.1, as amended from time to time.
- BUILDING LINE means any line set at the front of a building or structure on a lot that is parallel to the street line defining the position of a building of structure on a lot.
- BUILDING means any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any person, animal or chattel.
- BUSINESS means a premise where goods and/or services are offered, including but not limited to premises used for the retail, wholesaling, manufacture or conversion of goods.
- BUSINESS OR PROFESSIONAL OFFICE means premises where services are offered but does not include premises used for the retailing, wholesaling, manufacturing or conversion of goods.
- BYLAW means the Rural Municipality of West River Land Use Bylaw.
- C CAMPGROUND OR RV PARK means an area of land, managed as a unit, providing short term
- accommodation for tents, tent trailers, recreational vehicles and campers, featuring more than 3 campground sites or RV sites or both.
- CAMPGROUND SITE OR RV SITE means an individual outdoor space, within a campground or RV park or the premises of a tourism establishment, providing short term accommodation for tents, tent trailers, recreational vehicles and campers and allocated to one person or group.
- CANNABIS OPERATION means a facility or premises authorized by a license issued by the Government of Canada, pursuant to the Cannabis Act for growing, producing, testing, destroying, storing, or distribution of cannabis but does not include the retail sale of cannabis-related products.
- CAR WASH means a building or part thereof used for the operation of manual, automatic or semiautomatic automobile washing equipment.
- CEMETERY means a spatially defined area where the intact or cremated remains of deceased people are buried or are otherwise interred.
- CGVD means Canadian Geodetic Vertical Datum. CGVD2013 is a gravimetric datum defined by the equipotential surface WO=62,636,856.0 m2s-2, representing by convention the coastal mean sea level for North America.
- CHANGE OF USE means the change of purpose for which land, buildings, or structures, or any combination thereof, is designed, arranged, erected, occupied, or maintained.
- CLEAR DAYS means 'clear days' as defined in the Interpretation Act.
- CLINIC means a public or private building used for medical, surgical, dental, physiotherapeutic, chiropractic, or other human health treatment by one or more licensed practitioners, but does not include hospitals.
- CLUSTERED HOUSING means a land development project for more than two residential use buildings on the same lot intended for rental, condominium, cooperative or other form of ownership.
- CLUB means an association of persons, whether incorporated or not, united by some common interest, meeting periodically for cooperation or conviviality. Club shall also mean, where the context requires, premises owned or occupied by members of such association within which the activities of the dub are conducted.
- COASTAL AREA means all the lands, including surface water bodies, streams, rivers, and off- shore islands in the Municipality, lying within 500 m. (1640.42 ft.) inland and seaward of the mean highwater mark of all coastal and tidal waters.
- COASTAL FLOODPLAIN means the area of land adjacent to the shoreline that will be affected by a coastal flooding event (i.e. storm surge) with a 1% chance of happening annually, often referred to as the 1-in-100 year flood level, as identified by the Province.
- COASTAL HAZARD ASSESSMENT means a summary report issued by the Province describing the potential erosion and flood hazards associated with a coastal property.
- COLLECTOR HIGHWAY means any highway that has been designated as a collector highway under the provisions of the Roads Act Highway Access Regulations;
- COMMERCIAL USE means the sale or distribution of materials or provision of services including, but not limited:
- (i.) art galleries and studios;
- (ii.) bakeries;
- (111) banks and financial institutions;
- (iv.) business and professional offices;
- (v.) craft breweries;
- (vi.) craft workshop and studios,
- (vii.) entertainment establishments;
- (vili.) event venues;
- (ix.) golf courses;
- (x.) lounges and restaurants;
- (X1.) retail stores, service shops and personal service shops;
- (xii.) tourism establishments and attractions;
- (жіїї.) vebicle sales.
- COMMUNITY CARE FACILITIES means facilities as defined in the Province's Community Care Facilities and Nursing Homes Act, R.S.P.E.I. 1988, Cap. C-13, as amended from time to time.
- COMMUNITY CENTRE means a building, structure or public place where members of a community gather for recreational, educational, artistic, social or cultural activities.
- CONSERVATION SUBDIVISION means a subdivision designed to leave 50% of the land area in open space and place developed areas away from important water or natural resources, yet still allow a similar or greater lot yield as a traditional residential subdivision development.
CONSOLIDATE - see LOT CONSOLIDATION
- COUNCIL means the Council for the Rural Municipality of West River.
- CORNWALL REGION SPECIAL PLANNING AREA means the area designated as such under the Subdivision and Development Regulations.
- CRAFT BREWERY means a place where craft beer, cider, and spirits are produced and may include a microbrewery, microdistillery, or nanobrewery.
- CRAFT WORKSHOP means a building or part of a building where craft products are produced and offered for sale, and where craft instruction on may be offered.
- CULTURAL CENTRE means a site used for display, storage, restoration, or events related to art, literature, music, history, or science. This term refers to uses such as art galleries, theatres, libraries, auditoria, archives, interpretive centres and museums.
- DECK means a structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.
DEMOLISH means to remove, pull down or destroy a structure.
DESIGNATED WELLFIELD means a wellfield area designated by a municipality or the Province.
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 ot developments with regards to:
- (i.) real property value;
- (ii.) competition with existing businesses;
- (їїi.) viewscapes; or
- (iv.) development approved pursuant to subsection 9(1) of the Environmental Protection Act.
- DEVELOPER - means any person who is responsible for any undertaking that requires a development permit, subdivision approval of consolidation approval.
- DEVELOPMENT means the carrying out of any building, engineering, excavation, dumping, filling or other operations in, on, over or under land, or the making of any material change in the use, or the intensity of use of any land, structure, buildings, or premises.
- DEVELOPMENT AGREEMENT means an agreement executed between the developer and the Municipality respecting the terms under which a development may be carried out.
- DEVELOPMENT OFFICER means any person charged by the Council with the duty of administering the provisions of this Bylaw.
- DEVELOPMENT PERMIT means the formal and written authorization for a person to carry out any development.
- DISPLAY includes any item, group of items, sign, or billboard visible to the general public, indicating that items or services are offered for sale or trade, but does not include premises signs.
- DORMITORY means a building or structure where residents have exclusive use of a bedroom but common washroom and/or kitchen facilities, and where each resident individually compensates the owner for providing the accommodation.
- DWELLING means a building or portion thereof designated or used for residential occupancy, but does not include hotels and motels. Also see SECONDARY SUITE.
- 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.
DUPLEX DWELLING means a building that is divided horizontally into two dwellings.
DWELLING UNIT means one or more habitable rooms designed or intended for use by one or more individuals as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such individuals, with a private entrance from outside of the building or from a common hallway or stairway inside the building.
SEMI-DETACHED DWELLING means a building divided vertically into two (2) separate dwelling units, each with its own street frontage and outdoor entrance.
SINGLE-DETACHED DWELLING means a building designed or used for occupancy as one dwelling unit and includes a mini home and a tiny bome.
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.
Single-Detached
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Semi-Detached
Figure 8 - Types of dwellings
E
- EARLY LEARNING AND CHILD CARE ACT means the Early Learning and Child Care Act, R.S.P.E.I. 1988, Cap. E-.01, as amended from time to time.
- EARLY LEARNING AND CHILD CARE CENTRE means a building where children are cared for as permitted under the Early Learning and Child Care Act.
- EMERGENCY 911 ACT means the Emergency 911 Act, R.S.P.E.I. 1988, Cap. E-5.1, as amended from time to time.
- ENGINEERING PROFESSION ACT means the Engineering Profession Act, R.S.P.E.I. 1988 Cap. E-8.1, as amended from time to time.
- ENTERTAINMENT ESTABLISHMENT means an establishment providing musical, dramatic, dancing or cabaret entertainment and/or facilities for alcoholic beverage consumption and includes supplementary food service. This term refers to uses such as theatres, cinemas, auditoria, beverage rooms, cocktail lounges, cabarets, nightclubs and theatre restaurants.
ENVIRONMENTAL PROTECTION ACT means the Environmental Protection Act, R.S.P.E.I. 1988, Cap. E-9, as amended from time to time.
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Townhouse
Apartment Building
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Duplex
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- ERECT means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, filling or draining.
- EVENT VENUE means a commercial use of a structure or part of a structure or land as a place of assembly by the public for special events such as weddings, performances, and cultural gatherings but does not include sporting events.
- EXCAVATION PIT means any excavation in the ground for the purpose of searching for or removing clay, gravel, sand, shale, subsoil, topsoil, rock or any other surface or subterranean deposit, but does not include an excavation made within the boundaries of a street, or a snow-trap constructed to protect a street from snow accumulation, an excavation in preparation for a structural foundation, or the removal of stored or stockpiled clay, gravel, sand, shale, subsoil, topsoil, rock or any other surface or subterranean deposit that originated from another location, or an excavation designed for water retention and irrigation purposes.
- EXCAVATION PITS REGULATIONS means the Environmental Protection Act Excavation Pits Regulations adopted pursuant to the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9, as amended from time to time.
- EXISTING LOT means a lot in existence on the effective date of this Bylaw, except where otherwise indicated in this Bylaw.
F
- FARM or FARM PROPERTY means land, including any complementary buildings, utilized for the purpose of sowing, cultivation and harvesting of crops, rearing of livestock or production of raw food products.
- FARM DWELLING means a single-unit dwelling that is located on a farm, and is owned and occupied by the principal owner of the farm or a person whose primary occupation is to work on the farm parcel.
- FARM GATE OUTLET means an accessory use located on a property for sale only of its own agricultural products or garden and excluding sale of products not grown on the premises or any non-farm or garden products and excluding a plant nursery.
- FARM MARKET means a building or part of a building in which farm produce; crafts and baked goods make up the major portion of items offered for sale.
- FARM PRACTICES ACT means the Farm Practices Act, R.S.P.E.I. 1988, Cap. F-4.1, as amended from time to time.
- FENCE means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
- FISHERY USE means a use of land, wharves and buildings for uses specific to the fishery including industrial fish plants, vessel construction and major repair, and storage of materials (boats, traps, nets and equipment) in the off-season.
## FLOOR AREA means:
- (i.) with reference to a dwelling - the area contained within the outside walls including any attached garage, porch, veranda, sunroom, greenhouse, basement, but excluding any unfinished attic;
- (ii.) with reference to a commercial building - the total usable floor area within a building used for commercial purposes excluding washrooms, furnace rooms and common halls between stores; and
- (iii.) with reference to an accessory structure - the area contained within the outside walls.
- FORESTRY USE means the general growing and harvesting of trees and, without limiting the generality of the foregoing, shall include the growing and cutting of fuel wood, pulp, wood, lumber, Christmas trees and other products. Forestry use includes a sawmill and woodworking shop.
- FRONTAGE means the horizontal distance between the side lot lines bordering on a street and according to the direction of the front of the dwelling or structure.
G
GARDEN means a plot of land for growing flowers, vegetables, or fruit.
- GAZEBO means a freestanding, roofed accessory structure which is not enclosed, except for screening or glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling unit but shall not include any other use or activity otherwise defined or classified in this Bylan.
- GRADE means the highest among the average, finished ground levels around each respective main wall of a building, excluding consideration of local depressions on the ground, such as for vehicle or pedestrian entrances.
- GROUND FLOOR means the uppermost storey having its floor level not more than 2 m. (6.6 ft.) above grade.
- GROUP HOME means an establishment for six (6) or fewer residents who require special care or supervision, staffed 24 hours per day by trained care giver(s), and recognized as a group home by the Minister of the Province's Department of Health or Wellness or any successor department, or a women's shelter.
H
- HEIGHT means the vertical distance measured from the average finished grade to the highest point of a structure.
HIGHWAY - see STREET
- HIGHWAY ACCESS REGULATIONS means the Highway Access Regulations made under the Roads Act, as amended from time to time.
- HISTORIC SITE means any site that has been designated as a historic site or a heritage place under provincial or federal legislation, as well as any accessory uses or structures to support visitation.
- HOME-BASED BUSINESS means the accessory use of a dwelling or of an accessory structure for an occupation or business conducted for profit involving the production, sale, or provision of goods and services.
- HOSPITAL means any institution, building, or other premises or place established for the maintenance, observation, medical and dental care and supervision, and skilled nursing care of persons afflicted with or suffering from sickness, disease, injury, or for convalescing or chronically ill persons.
- HOSTEL means an inexpensive lodging facility for travellers that typically has dormitory style sleeping arrangements.
- HOTEL means a commercial building providing temporary accommodations for travellers or transients, and may have one or more public dining rooms and convention meeting rooms but does not include a motel.
- HOUSING CORPORATION ACT means the Housing Corporation Act, R.S.P.E.I. 1988, Cap. H11.1, as amended from time to time.
- INSTITUTIONAL USE means the use of premises, other than retail or industrial premises, for community services and includes:
- (i.) clinics and bospitals;
- (ii.) community care facilities, nursing homes, and senior citizens homes;
- (iii.) community centres, libraries, museums, cultural centres;
- (iv.) education facilities and early learning and child care centres;
- (v.) government offices;
- (vi.) historic sites;
- (vii.) places of worship, manses, cemeteries, and crematoria;
- (vill.) public and private parks, including sports fields;
- (ix.) recreation centres and facilities; and
- (x.) summer camps.
- INTENSIVE AGRICULTURAL USE means an agricultural use of a building or land for potato production, tobacco production, and cannabis operations and intensive livestock operations such as abattoirs, piggeries, year-round feed lots, and commercial poultry-keeping based on confinement rather than free-range operations.
- INTENSIVE LIVESTOCK OPERATION means a place where livestock are found in a density greater than seven animal units per acre in confined area to which the livestock have access, with the calculation of animal units to be determined by the Province.
- INTENSIVE RESOURCE USE means resource-related commercial| industrial uses that involve activities which may create a land use conflict with neighbouring properties owners due to noise, odours,
disturbance to the water table, or creation of waste products, such as food processing plants, water bottling operations, cannabis operations, or excavation pits.
- INTERNAL DRIVE means a lane, access road, or right-of-way for providing general traffic circulation within a single lot.
- INTERPRETATION ACT means the Interpretation Act, R.S.P.E.I. 1988, Cap. I-8.1, as amended from time to time.
## K
- KENNEL means any premises where four or more domestic animals are kept, boarded, or bred as a commercial service.
L
- LAND SURVEYORS ACT means the Land Surveyors Act, R.S.P.E.I. 1988, Cap. L-3.1, as amended from time to time.
- LANDSCAPING means all the elements of a lot or site development other than the building or buildings, and may include pedestrian facilities, grass and other ground cover, flower beds, shrubbery, trees, hedges, berms, fences and retaining structures, off- street lighting devices, forms of natural landscaping. and various combinations thereof.
- LANDSCAPE ARCHITECT means a person who is a member in good standing in the Canadian Society of Landscape Architects.
LEGACY LANDS means a property which:
- (i.) has a subdivision or development approval in effect for certain uses,
- (ii.) has not yet been fully developed,
- (iii.) meets the assessment criteria prescribed in the legacy lands assessment policy, and
- (iv.) currently does not comply with the Bylaw.
- LEGACY LANDS ASSESSMENT POLICY means the Legacy Lands Assessment Policy adopted by Council, effective the date this Bylaw comes into force, as amended from time to time.
- LIGHT INDUSTRIAL USE means the non-resource industrial use of land or buildings that does not result in the creation of hazardous or offensive conditions related to noise, odour, smoke or effluents, including warehousing.
- LIVESTOCK means farm animals kept for use, for propagation, or for intended profit or gain and, without limiting the generality of the foregoing, includes: dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkeys, goats, geese, mink, llamas and rabbits.
- LOT or PROPERTY means any parcel of land described in a deed or as shown in a registered subdivision plan.
- CORNER LOT means a lot situated at an intersection of and abutting on two or more streets.
INTERIOR LOT means a lot other than a corner lot.
PANHANDLE LOT means any lot which gains street frontage through the use of a narrow strip of land which is an integral part of the lot.
THROUGH LOT means a lot bounded on two opposite sides by streets.
Figure 9 - Lot Types
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LOT AREA means the total area included within the lot lines.
LOT CONSOLIDATION means the legal incorporation of two or more existing parcels of land to form a single, larger parcel.
LOT COVERAGE means the percentage of lot area covered by buildings and structures above established grade and may include main building, accessory structures, decks, patios and gazebos.
LOT DEPTH means the depth from the front lot line to the rear lot line.
LOT LINE means any boundary of a lot.
FLANKAGE LOT LINE means the side lot line which abuts the street on a corner lot.
FRONT LOT LINE means the lot line abutting the street upon which the building or structure erected or to be erected has its principal entrance.
REAR LOT LINE means the lot line further from and opposite to the front lot line.
SIDE LOT LINE means a lot line other than a front, rear or flankage lot line.
LOUNGE means a commercial facility or structure licensed to sell alcoholic beverages to the public.
## M
- MAIN BUILDING means that building in which is carried on the principal purpose or purposes for which the lot is used.
- MAIN USE means the principal purpose or purposes for which the lot is used, the nature of the use of which determines the status of the lot upon which it is authorized to be constructed or upon which it is constructed.
- MAIN WALL means the exterior wall of a building, but excluding projections such as balconies, bay windows, chimneys, decks, exterior stairs, fire escapes, projecting roofs, and wheelchair ramps.
- MINI HOME means a pre-manufactured dwelling unit, affixed to the ground, having an average width of 6.1 m. (20 ft.) or less, not including entries, porches or other appurtenances and certified under the Z240 provisions of the Canada Standards Association (CSA).
- MOTEL means a building occupied in whole or in part as a temporary lodging place for an individual(s) and for which there is an exit for any room or suite of rooms directly to the outdoors with access to grade level.
- MUNICIPAL GOVERNMENT ACT means the Municipal Government Act, R.S.P.E.I. 1988, Cap MI-12.1, as amended from time to time.
- MUNICIPALITY means the Rural Municipality of West River.
N
- NON-RESOURCE INDUSTRIAL USE means the use of premises for the processing, manufacturing, assembly, or extraction of goods or materials, or premises from which wholesale trade is carried on, including salvage yards and construction and demolition sites.
- NURSING HOME means a nursing home as defined in the Community Care Facilities and Nursing Homes Act R.S.P.E.I. 1988, Cap C-13, as amended from time to time.
- OFFICIAL PLAN means the Municipality's Official Plan as adopted by Council.
- OPEN SPACE means that portion of a lot which may be used for landscaping, recreational space or leisure activities normally carried on outdoors; but does not include space used for service driveways, off-street parking, or loading spaces.
- OPEN STORAGE means the outdoor storage of merchandise, goods or inventory of any kind, materials, equipment, or other items.
- ORNAMENTAL STRUCTURES means landscaping or decorative architectural structures such as arbours, pergolas, fixed seating, sculptures, or similar improvements.
- OWNER or PROPERTY OWNER means a registered owner of a lot or property in accordance with the records on file at the Province's Land Registry Office.
- PARCEL means a lot or other division of land which is recognized as a separate unit of land for the purposes of this Bylaw.
- PARK means an open area devoted to recreational uses or conservation uses and may include ornamental gardens and lawns, botanical gardens, outdoor furniture, accessory structures, playgrounds, and on-site parking lots which support park uses.
- PARKING LOT means an area reserved for parking more than one automobile, and includes lanes between parking spaces.
- PARKING SPACE means an area of land which is suitable for the parking of a vehicle, accessible to vehicles without the need to move other vehicles on adjacent areas.
- PASSIVE RECREATION refers to recreational activities that do not require prepared facilities like sports fields or pavilions and which place minimal stress on a site's resources.
- PATIO means a platform without a roof, or surfaced area without a roof, at grade, adjacent to a residential dwelling unit used for leisure activities.
- PAVILION means a structure used as a shelter that is either covered or uncovered and includes a gazebo and a pergola.
- PERGOLA means a garden feature forming a walkway, passageway or sitting area of vertical posts or pillars that usually support crossbeams and a sturdy open lattice.
- PERMITTED USE means a use which is allowable by right, subject to meeting applicable bylaw requirements.
- PERSON means an individual, association, corporation, contractor, commission, public utility, firm, partnership, trust, heirs, executors or other legal representatives of a person, or organization of any kind, including both principal and agent in an agency situation.
- PERSONAL SERVICE SHOP means a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons including but not limited to barbershops, hairdressing shops, beauty parlours, shoe repair, laundromats, tailoring, or dry-cleaning.
- PHASE means to develop a parcel of land over time in a series of prescribed stages; or one of such stages.
- PLANNING ACT means the Planning Act, R.S.P.E.I. 1988, Cap. P-8, as amended from time to time.
- PLANNING BOARD means the Planning Board of the Municipality appointed by Council.
- PLACES OF WORSHIP - means a building used for religious workshop, study, and instruction, including but not limited to churches, monasteries, mosques, synagogues, and temples, and may
include ancillary uses such as an auditorium, hall, daycare facility or nursery operated by the place of worship.
- PLANT NURSERY means a building or land used for the growing of young trees and/or other plants which may be retailed at the same location and may also include retailing of gardening tools and other related supplies but does not include a farm gate outlet.
- PORCH -- means a covered shelter projecting in front of an entrance to a building.
- PRIVATE ROAD or PRIVATE RIGHT-OF-WAY means a road, street, or right-of-way which is not vested in the Province or the Municipality, but does not include an Internal Drive.
- PRIVATE UTILITY means any person or corporation and the lessees, trustees, liquidators or receivers of any person or corporation who owns, operates, manages or controls, or is incorporated for the purpose of owning, operating, managing or controlling any plant or equipment
- (i.) for the conveyance or transmission of telephone messages or internet services;
- (ii.) for the production, transmission, distribution or furnishing of electric energy; or
- (11i.) for the provision of water or sewage service,
to or for that person or corporation and not to or for the public.
PROFESSIONAL ARCHITECT means an architect licensed to practice in the Province.
PROFESSIONAL ENGINEER means an engineer licensed to practice in the Province.
PROFESSIONAL LAND SURVEYOR means a land surveyor licensed to practice in the Province.
PROVINCE means the Province of Prince Edward Island.
- PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS mean the Province-Wide Minimum Development Standards Regulations made under the Planning Act, as amended from time to time.
- PUBLIC means for the use of the general population.
- PUBLIC PARK or PARKLAND means land owned by the Municipality of some other level of government used or intended for use by members of the public.
- PUBLIC HEALTH ACT means the Public Health Act, R.S.P.E.I. 1988, Cap. P-30.1, as amended from time to time.
- PUBLIC UTILITY means any person or corporation and the lessees, trustees, liquidators or receivers of any person or corporation who owns, operates, manages or controls, or is incorporated for the purpose of owning, operating, managing or controlling any plant or equipment
- (i.) for the conveyance or transmission of telephone messages or internet services;
- (ii.) for the production, transmission, distribution or furnishing of electric energy; or
- (iii.) for the provision of water of sewage service, either directly or indirectly, to or for the public.
RECREATIONAL USE means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, athletic fields, picnic areas, public swimming pools, day camps, and similar uses but does not
- R include a tract for the racing of animals or any form of motorized vehicles.
RECREATIONAL VEHICLE means a vehide which provides sleeping and other facilities, while travelling or vacationing, designed to be towed behind a motor vebicle, or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes, recreation vebides or other similar vebides. Recreational vehicles may often be referred to as RVs.
REGISTRY ACT means the Registry Act, R.S.P.E.I. 1988, Cap. R-10, as amended from time to time.
RESIDENTIAL LOT means a lot where the primary use is a residential use.
RESIDENTIAL SUBDIVISION DEVELOPMENT means a multi-lot subdivision comprised of lots for human habitation which is recognized by one designated name.
RESIDENTIAL USE means the use of a parcel, building or structure or parts thereof as a dwelling.
RESOURCE-RELATED COMMERCIAL USES means any uses of a parcel or building for the storage, display or sale of goods directly and primarily related to resource uses, including but not limited to:
- (i.) veterinary clinics;
- (11.) production and sale of beverages derived from local products including but not limited to craft breweries, wineries, and cideries;
- (iii.) farm markets,
- (iv.) farm machinery sales and service; and
- (V.) farm-based tourism.
- RESOURCE-RELATED INDUSTRIAL USES means any uses involving the harvesting, processing or storing of natural resource materials from agricultural, forestry, and fishing resources and shall include the production of agricultural products and the keeping of farm animals.
- RESTAURANT means buildings or structures or part thereof where food and drink is prepared and offered for sale to the public and may include alcoholic beverages.
- RETAIL STORE means a building or part thereof in which foods, goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public.
ROAD - see STREET
ROADS ACT means the Roads Act, R.S.P.E.I. 1988, Cap. R-15, as amended from time to time.
- SALVAGE YARD means an area of land used for the storage, handling, processing, and sale of scrap materials including but not limited to scrap metal, vebicles, tires and batteries, but shall not include hazardous waste materials.
SCREENING means to limit the view of objects through the use of landscaping and/ or fencing.
- SECONDARY SUITE means a second dwelling unit, located within a single-detached dwelling or in an accessory structure on a residential lot.
- SENIOR CITIZEN HOME means residential building featuring multiple dwelling units designed for occupation by senior citizens, which may include ancillary uses such as lounges and recreation facilities.
- SENIOR CITIZEN means a person deemed to be eligible for accommodation in a senior citizen home under the terms of the Housing Corporation Act or comparable provincial statute.
- SERVICE SHOP means a building or part thereof used for the sale and repair of household articles and shall include computer, electronic, and appliance repair shops but shall not include industrial, manufacturing or motor vehicle body repair shops.
- SERVICE STATION means a building or part of a building or a clearly defined space on a lot used for the sale of lubricating oils and gasolines and may include the sale of automobile accessories and the servicing and repairing essential to the actual operation of motor vebicles.
- SETBACK means the minimum separation distance between any building or structure, except fences, and a lot line or buffer zone as identified in this Bylaw.
- SEWAGE DISPOSAL SYSTEM means any wastewater treatment system or part thereof for disposing of sewage or waste by means of one or more settling or septic tanks and one or more disposal fields, and any other system or part thereof for sewage or waste disposal not directly connected to a municipal or central waste treatment system.
- SEWAGE DISPOSAL SYSTEMS REGULATIONS means the Water Act Sewage Disposal Systems Regulations made under the Water Act R.S.P.E.I. 1988, Cap. W-1.1, as amended from time to time.
- SHORE FRONTAGE means, with respect to a parcel of land, the side or sides of the parcel of land that abut the waters of the Northumberland Strait, or any body of water that is connected to tidal waters and has a tidal flow.
- SHORT-TERM RENTAL means the use of a residential dwelling, or one or more sleeping units or rooms within a dwelling for temporary overnight accommodation for a period of 29 days or less but this use does not include bed and breakfasts,.
- SIGN or SIGNAGE means a sign as defined in the Highway Signage Act.
- SITE PLAN means an appropriately scaled drawing or drawings of the proposed development of a site, showing the existing and proposed natural and built features of the site.
- SITE-SPECIFIC AMENDMENT USE means a use that is not allowable by right and is only permitted where a site-specific amendment has been enacted.
- SOLAR ARRAY means a system of any number of solar collectors and associated mounting and electrical equipment. The capacity of a photovoltaic solar array is considered to be the aggregate nameplate capacity of all associated solar collectors.
- SOLAR COLLECTOR means a device, structure or a part of a device of structure for which the primary purpose is to convert solar radiant energy into thermal, chemical, or electrical energy (photovoltaic).
- SOLAR ARRAY, GROUND-MOUNTED, or GROUND-MOUNTED SOLAR ARRAY means a solar array of any size that is structurally supported by the ground, rather than by a building.
- SOLAR ARRAY, ROOF-MOUNTED, or ROOF-MOUNTED SOLAR ARRAY means a solar array of any size that is structurally supported by a building, rather than by the ground.
- STOREY means that portion of a building which is situated between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of such floor and the ceiling above it provided that any portion of a building partly below grade shall not be deemed a storey unless its ceiling is at least 1.83 m. (6 ft.) above grade and provided also that any portion of a storey exceeding 4.27 m. (14 ft.) in beight shall be deemed an additional storey for each 4.27 m. (14 ft.) or fraction thereof.
- STREET, HIGHWAY or ROAD means all the area within the boundary lines of every road, street or right-of-way which is vested in the Province or the Municipality and used or intended for use by the general public for the passage of vebicles and includes any bridge over which any such road, street or right-of-way passes.
- STRUCTURAL ALTERATIONS means any change to the structural components of a building or structure or any increase in the volume of a building or structure.
- STRUCTURE means any construction, including a building, fixed to, supported by or sunk into land or water, but excludes concrete and asphalt paving or similar surfacing and fencing and includes a swimming pool.
- STUDIO means a building or part thereof used for the study, or instruction on of any fine or commercial art including photography, music, visual arts, and commercial design or the sale of craft products.
- SUBDIVISION (SUBDIVIDE) means a severance, division, consolidation, or other re-configuration of a lots) or parcel(s) for the purpose of development and/or transfer of ownership.
- SUBDIVISION AGREEMENT means an agreement executed between the property owner and the Municipality respecting the terms under which a subdivision may be carried out.
- SUBDIVISION AND DEVELOPMENT REGULATIONS means the Planning Act Subdivision and Development Regulations adopted pursuant to the Planning Act, R.S.P.E.I. 1988 Cap P-8, as amended from time to time.
- SUMMER CAMP means a camp, generally but not exclusively used during the summer, primarily used by children, providing facilities for sleeping and eating, and usually for handicrafts, and sports.
- SURVEY PLAN means an appropriately scaled drawing of survey details, certified by a professional land surveyor.
- SWIMMING POOL means any outdoor structure, basin, chamber, or tank used or which may be used for swimming, diving, or recreational bathing and having a depth of 0.91 m. (3 ft.) or more at any point and having a minimum surface area 10 sq. m. (108 sq. ft.).
T
- TEMPORARY PERMIT means a permit for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
- TEMPORARY USE means any commercial or non-commercial facility or use of a parcel of land, building or structure which by its nature is not permanently established or has a limited duration and shall include but not be limited to the following: yard sales, tents, awnings, lean-tos, kiosks, carts, prefabricated structures, sheds, moveable vehicles and moveable structures with or without chassis or wheels, and any other facility, structure, enclosure or device used or intended to be used for the temporary display or sale of retail goods, provision of services or sale of any food or beverage.
- TINY HOME means a single-detached dwelling not more than 55.7 sq. m. (600 sq. ft.) in floor area including loft floor area that is site built or prefabricated, permanently anchored to a foundation, and provided with permanent on-site services.
- TOURISM ESTABLISHMENT means an establishment that provides temporary accommodation for a guest, and includes a building, structure or place in which accommodation or lodging, with or without food, is furnished for a price to travellers, such as a cabin, rental cottage, housekeeping unit, botel, lodge, motel, inn, bostel, bed and breakfast, resort, travel trailer, travel trailer park, recreational vebicle park, yurt, geodesic dome, bunkie, houseboat, sbort-term rental, camping cabin, and campground, but does not include a summer camp.
- TOURISM INDUSTRY ACT means the Tourism Industry Act, R.S.P.E.I 1988, T-3.3, as amended from time to time.
- TOURISM INDUSTRY ACT REGULATIONS means the Tourism Industry Act Regulations adopted pursuant to the Tourism Industry Act, R.S.P.E.I 1988, T-3.3, as amended from time to time.
- TOURIST ATTRACTIONS means the operation of one or more commercial tourist attractions which includes indoor and/or outdoor activities, scenic attractions, and/or educational, scientific, natural, cultural, heritage or entertainment experiences. This use may include indoor and outdoor interpretive, display, and performance spaces.
- 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 which houses stationary equipment for telephone, electric power, public water supply, or sewage services.
## V
- VARIANCE means an authorized relaxation from the standards imposed by this Bylaw with respect to lot size or dimensions, setbacks, area or the height or size of a structure.
- VEHICLE means any motor vehicle, trailer, boat, motorized snow vehide, mechanical equipment and any vehicle drawn, propelled or driven by any kind of power, including muscular power.
## W
- WATER WITHDRAWAL REGULATIONS means the Water Act Water Withdrawal Regulations made under the Water Act, as amended from time to time.
- WATERCOURSE AND WETLAND PROTECTION REGULATIONS means the Environmental Protection Act Watercourse and Wetland Protection Regulations made under the Environmental Protection Act, as amended from time to time.
## WATERCOURSE BOUNDARY means:
- (i.) in a non-tidal watercourse, the edge of the sediment bed; and
- (ii.) in a tidal watercourse, the top of the bank of the watercourse and where there is no discernable bank, means the mean highwater mark of the watercourse.
- WATERCOURSE means an area which has a sediment bed and may or may not contain water, and without limiting the generality of the foregoing, includes the full length and width of the sediment bed, bank and shore of any water therein, and any part thereof, up to and including the watercourse boundary.
WATER ACT means the Water Act R.S.P.E.I. 1988, Cap. W-1.1, as amended from time to time.
- WELL CONSTRUCTION REGULATIONS means the Water Act Well Construction Regulations adopted pursuant to the Water Act, as amended from time to time.
- WETLAND means an area which contains hydric soil, aquatic or water-tolerant vegetation, and may or may not contain water, and includes any water therein and everything up to and including the wetland boundary, and without limiting the generality of the foregoing, includes any area identified in the Prince Edward Island wetland inventory as open water, deep marsh, shallow marsh, salt marsh, seasonally flooded flats, brackish marsh, a shrub swamp, a wooded swamp, a bog or a meadow.
- WETLAND BOUNDARY means where the vegetation in a wetland changes from aquatic or watertolerant vegetation to terrestrial vegetation or water-intolerant vegetation.
WIND ENERGY FACILITY means a system intended to generate electricity from the wind and may consist of any number of wind turbines and associated equipment including but not limited to electrical equipment and energy storage systems commonly referred to as a wind farm. The capacity of a wind energy facility is considered to be the aggregate nameplate capacity of all associated wind turbines.
WIND TURBINE means a wind energy generating system.
Y
YARD means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures except as specifically permitted in this Bylaw and
FRONT YARD means a yard extending fully across a lot between the front lot line and the nearest point of the main wall of any main building on the lot. The 'minimum front yard' is measured at the minimum yard depth as required under this Bylaw.
REAR YARD means a yard extending fully across a lot between the rear lot line and the nearest point of the main wall of any main building on the lot. The 'minimum rear yard' is measured at the minimum yard depth as required under this Bylaw.
SIDE YARD means a yard extending between the front and rear yards and the nearest point of the main wall of any main building on the lot. The 'minimum side yard' is measured at the minimum yard depth as required under this Bylaw.
FLANKAGE YARD means the side yard of a corner lot extending from the front yard to the rear yard and between the flankage lot line and the nearest point on the main wall of any main building on the lot. The 'minimum flankage yard' is measured at the minimum yard depth as required under this Bylaw. Where a minimum
Figure 10 - Yard Types
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flankage yard is not separately specified, the "minimum side yard' shall also apply to a flankage yard.
YURT means a structure used for temporary human habitation, consisting of a frame covered by natural or synthetic materials, and approved pursuant to the Tourism Industry Act and Regulations, or any successor legislation.
Z
ZONE means a designated area of land shown on the Zoning Map of the Bylaw within which land uses are restricted to those specified by this Bylan.
ZONING MAP means the map included as Schedule A to this Bylaw or as amended from time to time, depicting the boundaries of all land use zones.
## SCHEDULE A | ZONING MAP
## Rural Municipality of West River Zoning Map
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## SCHEDULE B | PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS
Notwithstanding any provisions of this Bylaw, the Province-Wide Minimum Development Standards Regulations prescribed under the Planning Act R.S.P.E.I. 1988, c. P-8, as amended from time to time, apply in the Municipality. The Province-Wide Minimum Development Standards Regulations are included for information and reference purposes only.
NOTE: This Schedule is not the official version of these regulations and these regulations may be amended after the enactment of this Bylaw.
<!-- image -->
## PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to November 19, 2011. It is intended for information and reference purposes only.
This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted to determine the authoritative text of these regulations.
For more information concerning the history of these regulations, please see the Table of Regulations.
If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office Tel: (902) 368-4291
Email: legislation@gov.pe.ca
## CHAPTER P-8
## PLANNING ACT
## PROVINCE-WIDE MINIMUM DEVELOPMENT STANDARDS REGULATIONS
Pursuant to clause 7(1)(c) of the Planning Act R.S.P.E.I. 1988, Cap. P-8, Council made the following regulations:
1. (1) In these regulations "authority having jurisdiction" means the "authority having Minister responsible for the Planning Act R.S.P.E.I. 1988, Cap. P-8, or jurisdiction' in the case of a municipality with an official plan and bylaws, the municipal council.
- (2) Words and expressions defined in section 1 of the Planning Act Namixiting Subdivision and Development Regulations have the same meaning when used in these regulations. (EC703/95; 552/11)
2. These regulations apply to all areas of the province. (EC703/95)
3. Revoked by EC41/96.
Application
Lot size
4. (1) No approval or permit shall be granted for the subdivision of a lot Residential for residential use unless the lot conforms with the minimum lot size standards set out in Table 1.
- (2) The area encompassed by the required minimum circle diameter as Location set out in Table 1 and Table 2 shall be located on the lot such that it will accommodate an on-site sewage disposal system.
- (3) Notwithstanding the minimum lot size standards set out in Table 1 Reduced size and Table 2, for infilling purposes, a lot may be reduced to a minimum of 10,000 sq. ft. / 929 sq. m. provided that
(a) it is serviced by an on-site water supply system and a central sewerage system; and
(b) only one additional lot from the existing parcel is created by any proposed subdivision.
- (4) Notwithstanding the minimum circle diameter requirements set out Reduced circle in column (f) of Table 1 and column (e) of Table 2, a lot that does not meet those requirements may be subdivided from a lot or parcel that existed prior to June 12, 1993 where
Non-residential
Exception
Categories of lots
- (a) the lot is intended for either single unit residential use or nonresidential use, and will be serviced by on-site water and sewerage disposal systems;
- (b) the lot meets Category I standards in accordance with clause 5(a) and the minimum lot area requirements set out in column (e) of Table 1 and column (d) of Table 2 respectively;
- (c) a circle with a minimum diameter of 125 ft./38.1 m. will fit within the boundaries of the lot; and
- (d) there is no practical alternative to increasing the size of the property to permit compliance with the circle diameter requirement. (EC703/95; 41/96; 694/00; 552/11)
5. (1) No approval or permit shall be issued to subdivide a lot for nonresidential use unless in conformity with the minimum lot size standards set out in Table 2.
- (2) Notwithstanding subsection (1),
- (a) where a lot is intended for any non-residential use where water and sewage services are not required for the proposed development, the Minister may approve an exemption from the requirement of subsection (1);
(b) where an approval or permit has been granted by an authority ba presidion pus proposal a sion a stern seal proa granted in accordance with the standards set out in Table 2. (EC703/95; 41/96; 552/11)
6. Every lot on a plan of subdivision shall be categorized in accordance with the following site suitability standards:
2. (i) the depth of permeable natural soil is 2 ft. (0.61 m.) or greater,
3. (a) Category I, where
4. (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
5. (iii) the depth to the maximum groundwater elevation is 4 ft. (1.22 m.) or greater;
6. (b) Category II, where
7. (i) the depth of permeable natural soil is greater than 1 ft. (0.3 m.), but less than 2 ft. (0.61 m.),
8. (ii) the depth to bedrock is 4 ft. (1.22 m.) or greater, and
9. (iii) the depth to the maximum groundwater elevation is 4 ft. (1.22 m.) or greater;
10. (i) the depth of permeable natural soil is 1 ft. (0.3 m.) or greater, (ii) the depth to bedrock is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.), or
11. (c) Category III, where
Province-Wide Minimum Development Standards Regulations
- (iii) the depth to the maximum groundwater elevation is 2 ft. (0.61 m.) or greater, but less than 4 ft. (1.22 m.);
- (d) Category IV, where
- (ii) the depth to bedrock is greater than 1 ft. (0.3 m.), and
- (i) the lot has a depth of permeable natural soil of less than 1 ft. (0.3 m.),
- (iii) the depth of the maximum groundwater elevation is greater than 2 ft. (0.61 m.);
- (e) Category V, where
- (ii) the depth to the maximum ground water elevation is greater than 2 ft. (0.61 m.). (EC703/95; 694/00; 552/11)
- (i) the depth to bedrock is less than 1 ft. (0.3 m.), and
7. Revoked by (EC694/00).
Upgrade
8. The minimum lot size standards set in Tables 1 and 2 do not apply to Application subdivisions approved prior to October 14, 1995. (EC703/95; 552/11)
9. (1) The authority having jurisdiction may, for special cause, authorize Minor variance such minor variance from the provisions of these regulations as, in its opinion, is desirable and not inconsistent with the general intent and purpose of these regulations.
- (2) Notwithstanding any other provisions of these regulations, where a Variance, public lot is designed for use by a public or a private utility, the authority utility use having jurisdiction may authorize a variance from the provisions of these regulations as, in its opinion, is desirable. (EC703/95; 552/11)
## MINIMUM HIGHWAY ACCESS
10. (1) The Roads Act Highway Access Regulations shall consitute the Mis midway Minimum Highway Access Standards.
- (2) An authority having jurisdiction shall not grant an approval or issue Entrance way a permit for development unless an entrance way permit has been permit obtained for the applicable lot or development when so required. (EC703/95; 2/96; 552/11)
## TABLE 1 - MINIMUM LOT SIZE STANDARDS: RESIDENTIAL LOTS
| (a) Servicing | (b) Lot Category | (c) Minimum Lot Frontage | (d) Number of Dwelling Units | (e) Minimum Lot Area sq. ft. / sq. m. | Circle Diameter to be Contained oundaries c le Lot - feet metres |
|---------------------------------------------------------|--------------------|-------------------------------------------------------------------------------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|
| on-site water supply and on-site sewage disposal system | I | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 2 3 4 more than 4 | 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 40,000 sq. ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 150 ft. / 45.7 m. 160 ft. / 48.8 m. 175 ft. / 53.3 m. 200 ft. / 61 m. 200 ft. / 61m. |
| on-site water supply and on-site sewage disposal system | II | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 2 3 4 more than 4 | 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 50,000 sq. ft. / 4,645 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 175 ft. / 53.3 m. 200 ft. / 61 m. 225 ft. / 68.6 m. 250ft. / 76.2 m. 250 ft. / 76.2 m. |
| on-site water supply and on-site sewage disposal system | III | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 2 3 4 more than 4 | 51,000 sq. ft. / 4,738 sq. m. 56,000 sq. ft. / 5,202 sq. m. 61,000 sq. ft. / 5,667 sq. m. 66,000 sq. ft. / 6,131 sq. m. 66,000 sq. ft. / 6,131 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 225 ft. 68.6 m. 250 ft. /76.2 m. 275 ft. / 83.8 m. 300 ft. / 91.4 m. 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | IV | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 1 2 3 4 more than 4 | 75,000 sq.ft. / 6,975 sq.m. 80,000 sq. ft. / 7,440 sq.m. 85,000 sg.ft. / 7,905 sq.m. 90,000 sg.ft. / 8,370 sq.m. 90,000 sq.ft. / 8,370 sq.m., plus 1,500 sq.ft. / 457 sq.m for each additional unit | 300 ft. / 91.4 m. |
| on-site water supply and on-site sewage system | V | N/A | N/A | not developable | N/A |
Planning Act Cap. P-8
Updated 2011 Province-Wide Minimum Development Standards Regulations
| central water supply and on-site sewage disposal system | I | 50 feet / 15.25 metres | 1 2 3 4 more than 4 | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. it. / 3,251 sq. m., plus 1,500 sq. ft. / 457 sq. m for each additional unit | 125 ft. / 38.1 m. 150 ft. / 45.7 m. 160ft. ft./48.8 m. 175 ft. / 53.3 m. 175 ft. / 53.3 m |
|-----------------------------------------------------------|---------|--------------------------|-----------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------|
| central water supply and on-site sewage disposal system | II | 50 feet / 15.25 metres | 1 2 4 nore than | 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 40,000 sq. ft. / 3,717 sq. m 40,000 sq. ft. / 3,717 sq. m., plus 1,500 sq. ft. / 457 sq. m. for each additional unit | 150 ft./ 45.7 m. 160ft. / 48.8 m. 175 ft. / 53.3 m. 200ft./61 m 200ft. / m. |
| central water supply and on-site sewage disposal system | III | 50 feet / 15.25 metres | 1 2 3 4 more than 4 | 40,000 sq. fl. / 3,717 sq.m. 45,000 sq. ft. / 4,180.5 sq. m. 50,000 sq. ft. / 4,645 sq. m. 55,000 sq. ft. / 5,110 sq. m. 55,000 sq. ft. / 5,110 sq. m., plus 1,500 sq. ft. / 457 sq. m for each additional unit | 200 ft. / 61 m. 225 ft. / 68.6 m 250 ft. / 76.2 m. 275 ft. / 83.8 m. 275 ft. / 83.8 m. |
| central water supply and on-site sewage disposal system | IV | 50 feet / 15.25 metres | 1 2 3 4 more than 4 | 60,000 sq. ft. / 5,580 sq. m. 65,000 sq. ft. / 6,450.5 sq. m. 70,000 sq. ft. / 6,510 sq. m. 75,000 sq. ft. / 6,975 sq. m. | 275 ft. / 83.8 m. |
| central water supply and on-site sewage disposal system | V | N/A | N/A | not developable | N/A |
| on-site water supply and central waste treatment system | I or lI | 50 feet / 15.25 metres | 1 2 3 4 more than | 15,000 sq. ft. / 1,393.5 sq. m. 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 30,000 sq. ft. / 2,787 sq. m., plus 1,500 sq. ft. / 457 sq. m for each additional unit | 100 ft. / 30.5 m. 125 ft. / 38.1 m. 150 ft. /45.7 m 160 ft. / 48.8 m. 160 ft. / 48.8 m |
Province-Wide Minimum Development Standards Regulations
| on-site water supply and central waste treatment system | III | 50 feet/ 15.25 metres | 1 2 3 4 more than 4 | 20,000 sq. ft. / 1,858 sq. m. 25,000 sq. ft. / 2,322.5 sq. m. 30,000 sq. ft. / 2,787 sq. m. 35,000 sq. ft. / 3,251.5 sq. m. 35,000 sq. ft. / 3,251.5 sq. n., plus 1,500 sq. ft. / 45 q. m. for each additiona unit | 125 ft. / 38.1 m. 150 ft./ 45.7 m. 160 ft. / 48.8 m 175 ft. / 53.3 m. 175 ft. / 53.3 m. |
|-----------------------------------------------------------|---------------|-------------------------|-----------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------|
| central water supply and waste treatment systems | 1, II, or III | n/a | any number | as determined by the Minister | as determined by the Minister |
## TABLE 2
## TABLE 2 - MINIMUM LOT SIZE STANDARDS: NON-RESIDENTIAL LOTS
| (a) Servicing | (b) Lot Category | Lo Mininge | (d) Minimum Lot Area | (e) Minimum Circle Diameter to be Contained Within the Boundaries of he Lot feet/metres |
|---------------------------------------------------------|--------------------|-------------------------------------------------------------------------------------------------------------|---------------------------------|-------------------------------------------------------------------------------------------|
| on-site water supply and on-site sewage disposal system | I | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 25,000 sq. ft./ 2,322.5 sq. m. | 150 ft. / 45.7 m. |
| on-site water supply and on-site sewage disposal system | II | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 35,000 sq. ft. / 3,251.5 sq. m. | 175 ft. / 53.3 m. |
| on-site water supply and on-site sewage disposal system | III | 100 feet / 30.5 metres (or 50 feet / 15.25 metres, where the frontage is on the interior curve of a street) | 51,000 sq. ft. / 4,738 sq. m. | 225 ft. / 68.6 m. |
| central water supply and on-site sewage disposal system | I | 50 feet / 15.25 metres | 20,000 sq. ft. / 1,858 sq. m. | 125 ft. / 38.1 m. |
| central water supply and on-site sewage disposal system | II | 50 feet / 15.25 metres | 25,000 sq. ft. / 2,322.5 sq. m. | 150 ft. / 45.7 m. |
| central water supply and on-site sewage disposal system | III | 50 feet / 15.25 metres | 35,000 sq. ft./ 3,251.5 sq. m. | 175 ft. / 53.3 m. |
Province-Wide Minimum Development Standards Regulations
| on-site water supply and central waste treatment system | 1, Il or Ill | 50 feet / 15.25 metres | 15,000 sq. ft. / 1,393.5 sq. m. | 100 ft. / 30.5 m. |
|-----------------------------------------------------------|----------------|--------------------------|-----------------------------------|-------------------------------|
| central water supply and waste treatment systems | I, Il or III | n/a | as determined by the Minister | as determined by the Minister |
(EC542/87; 703/95; 694/00; 552/11)
## SCHEDULE C | SCHEDULE OF FEES
Last revised: March 19, 2024 (Motion #2024-32)
| Application Type | Fee |
|--------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Residential | |
| All residential (incl. additions, attached garages, basement floor area (Commercial fees apply for residential buildings with 4+ dwelling units) | $0.25/sq. ft New (Min $350 - Max $1500) Renovation or addition (Min $200 - Max $1500) |
| Accessory structures | $0.25/ sq. ft. (Min $100 - Max $1,500) |
| Agricultural | |
| Agricultural/Forestry building or structure | | $0.20/sq. ft. (Min $300 - Max $1500) |
| Commercial / Industrial/Institutional/Recreational | Commercial / Industrial/Institutional/Recreational |
| New construction, additions, and renovations, includes storage and accessory structures | $0.40/sq. ft New (Min $500 - Max $3,000) Renovation or addition (Min $400 - Max $2,000) |
| Excavation Pit | $1,500 new | $600 renewal |
| Wind Turbine | $4.00/$1,000.00 construction costs (Min $200 - Max $2,000) |
| Miscellaneous | |
| Change of use - existing building | $150 + associated costs* if applicable |
| Demolition | $150 |
| Solar array, ground or roof mounted | $150 |
| Other non-commercial (decks, temporary permits, etc.) | $100 |
| Variance, Amendment, Rezoning | |
| Variances - No public meeting required | $200 + associated costs* |
| Variances - Public meeting required | $450 + associated costs. Deposit of $4,000 before final council consideration* |
| Official Plan Amendment | $500 + associated costs. Deposit of $4,000 before final council consideration* |
| Bylaw Amendment/ Rezoning/ Site Specific Amendment | $500 + associated costs. Deposit of $4,000 before final council consideration* |
| Concurrent Official Plan and Bylaw Amendment (including concurrent amendments to Future Land Use Map and Zoning Map) | $500 + associated costs. Deposit of $4,000 before final council consideration* |
| Subdivision Applications | |
| Subdivision--up to 4 lots per subdivision | $450 (1 lot) + $200/additional lot |
| Subdivision--5 or more lots per subdivision | $900 (5 lots) + $150/additional lot |
| Lot Consolidation (includes boundary line adjustments through severance and consolidation) | $350 |
| Subdivision of attached building | $400 |
| Agreements | |
| Development or Subdivision Agreement | $400 + Deposit of $4,000 for cost of registration at Registry Office & costs incurred by the Municipality in the preparation of the agreement, including professional and legal fees. |
| Application Type | Fee |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Other Agreements | $400 + Deposit of $4,000 for cost of registration at Registry Office & costs incurred by the Municipality in the preparation of the agreement, including professional and legal fees. |
| General Fees | |
| Permit Extension (prior to expiration of permit) | $250, subject to council approval |
| Permit Renewal (after expiration of permit) | Full fees after expiry |
| Permits obtained after work has started | $500 or double the permit fee, whichever is greater |
| Zoning Inquiry | $100 |
| * Associated costs shall be actual, quantifiable costs incurred by the Municipality in order to process the application or amendment, including professional and legal fees, notification fees for newspaper ads, hall rental, rental of public address system, and advertisement costs, postage, signage and any other the cost associated with the public meeting. A$4,000.00 deposit must be paid by the applicant prior to the holding of any public meetings required under the Bylaw or by Council. Any monies paid in excess of the applicable fees and associated costs shall be refunded to the | * Associated costs shall be actual, quantifiable costs incurred by the Municipality in order to process the application or amendment, including professional and legal fees, notification fees for newspaper ads, hall rental, rental of public address system, and advertisement costs, postage, signage and any other the cost associated with the public meeting. A$4,000.00 deposit must be paid by the applicant prior to the holding of any public meetings required under the Bylaw or by Council. Any monies paid in excess of the applicable fees and associated costs shall be refunded to the |
| Policy for Refunds for Applications | Policy for Refunds for Applications |
| All fees are non-refundable. | All fees are non-refundable. |
## SCHEDULE D | WIND TURBINE STANDARDS
- 1) The owner of a wind energy facility shall comply with all applicable provincial statutes, regulations and other enactments related to wind turbines.
- 2) A development permit may be issued for a wind energy facility on one or more lots that do not have frontage on a street, provided proof of access to a street is submitted.
3. All wind turbines shall be finished in a non-reflective matte and unobtrusive colour.
- 4) The only artificial lighting permitted on wind turbines is lighting that is required by a federal or provincial statute, regulation, or other enactment.
- 5) No signage shall be permitted on a wind turbine except for the identification of the manufacturer or owner, provided such identification is part of the manufacturing or installation process for the wind turbine(s).
- 6) The owner of the wind energy facility shall remove the wind turbine(s) and associated structures above grade within two (2) years of wind energy facility inactivity.
- 7) A wind energy facility with a name plate capacity equal to or less than 100 kilowatts shall:
- a. not be located within three (3) times the total beight of the wind turbine from any existing residential use or street, and
- b. not be located within three (3) times the total beight of the wind turbine from nonparticipating lot lines.
- 8) A wind energy facility with a name plate capacity in excess of 100 kilowatts shall:
- a. not be permitted within 1 km of a Rural Residential Zone; and
- b. be subject to the following conditions:
- i. the blade clearance of all wind turbines shall be a minimum of 7.62 m (25 ft) from the ground or any structure;
- ii. the minimum separation distance between wind turbines shall be equal to or exceed the total beight of the taller wind turbine;
- iii. all wind turbines shall be set back a minimum of three (3) times the total height of the wind turbine from all streets and lot lines, except where parcels are participating in the same application, in which case the setback requirement from a common lot line shall be zero; and
- iv. all wind turbines shall be set back a minimum of 1 km from any existing residential use; except where parcels are participating in the same application, in which case the setback between a wind turbine and a dwelling shall be three (3) times the total beight of the wind turbine.
- 9) The owner of the wind energy facility with a name plate capacity in excess of 100 kilowatts shall enter into a development agreement with Council, and the agreement shall be registered in accordance with the provisions of the Registry Act.
2. A development permit application for a wind energy facility in excess of 100 kilowatts shall include:
3. a project description including the owner of the wind energy facility, total capacity of the wind energy facility, total beight, tower height, rotor diameter, proposed signage on the wind turbines, and the manufacturer's specification of all wind turbines and energy storage systems;
4. copies of all documentation submitted pursuant to any federal or provincial statute, regulation, or other enactment;
- C. signatures of all lot owners party to the application, acknowledging their intent to host physical components or waive lot line setback requirements and thereby participating in the wind energy facility;
- d. an emergency response plan;
- e. an operations and maintenance plan;
- f. a decommissioning and reclamation plan;
- g. a site plan showing:
- i. existing and proposed buildings;
- ii. existing and proposed wind energy facilities;
- iii. meteorological test towers;
- iv. lot lines;
- v. participating lots;
- vi. wetlands and watercourses;
- vil. access roads; and
- h. any other information the development officer or Council deems necessary to determine whether the development conforms to this Bylaw.
- 11) The total beight of a wind turbine shall be measured from grade to the highest point of the rotor arc.
## SCHEDULE E | SITE-SPECIFIC AMENDMENTS
The following properties have been subject to a site-specific amendment to the permitted uses or standards by way of an amendment to a zone for a particular property or properties, including properties with identified uses permitted by site-specific amendment during the development of this Bylaw. The expansion or intensification of the below-noted uses or standards shall not be permitted except through a further site-specific amendment or where permitted through a development agreement.
| Zone | PID | Civic Address | Use | Regulation | Effective Date |
|-----------------|------------|--------------------|----------------|--------------|------------------------------------------|
| Rural Area (RA) | 737163 | TCH / MacKinnon Rd | excavation pit | Section 6.4 | Effective date of this Bylaw |
| Rural Area (RA) | | 227165 Boyle Rd | excavation pit | Section 6.4 | Effective date of this Bylaw |
| Rural Area (RA) | 721621 | Boyle Rd | excavation pit | Section 6.4 | Effective date of this Bylaw |
| Rural Area (RA) | 656447 TCH | | excavation pit | Section 6.4 | Effective date of this Bylaw |
| Rural Area (RA) | 227744 | Churchill Rd | excavation pit | | Section 6.4 Effective date of this Bylaw |
## SCHEDULE F | CORNWALL REGION SPECIAL PLANNING AREA
Part IV of the Subdivision and Development Regulations prescribed under the Planning Act R.S.P.E.I. 1988, c. P-8, as may be amended, apply in portions of the Municipality as established in Appendix A, Map 10 of those Regulations and as depicted below. Part IV of the Subdivision and Development Regulations is included for information and reference purposes only.
NOTE: This Schedule is not the official version of these regulations and these regulations may be amended after the enactment of this Bylaw.
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- (b) shall be within the exclusive jurisdiction of the Minister.
## PEI 3 properties
- (13) Those properties, or portions thereof, identified in Appendix A, Map No. 7 as PEI 3
2. (b) shall be within the exclusive jurisdiction of the Minister. (EC693/00)
3. are designated for future commercial and light industrial purposes; and
## D - STRATFORD REGION, CHARLOTTETOWN REGION, CORNWALL REGION AND SUMMERSIDE REGION
## SPECIAL PLANNING AREAS
## 63. Special Planning Areas
- (1) The July 9, 1994 designation of the following areas as special planning areas is continued:
2. the area adjacent to the Town of Stratford as shown in Appendix A, Map No. 8;
3. the area adjacent to the City of Charlottetown as shown in Appendix A, Map No. 9;
4. the area adjacent to the Town of Cornwall as shown in Appendix A, Map No. 10;
5. (d) the area adjacent to the City of Summerside as shown in Appendix A, Map No. 11.
## Application of section
- (2) In addition to all other relevant conditions and requirements contained in these regulations, the Summerside Region Special Planning Area.
## Objectives
- The specific objectives for development within the Stratford Region Special Planning Area. the Charlottetown Region Special Planning Area, the Cornwall Region Special Planning Area, and the Summerside Region Special Planning Area are
- (a) to minimize the extent to which unserviced residential, commercial and industrial development may occur;
- to sustain the rural community by limiting future urban or suburban residential development and non-resource commercial and industrial development in order to minimize the loss of primary industry lands to non-resource land uses; and
- (c) to minimize the potential for conflicts between resource uses and urban residential, commercial and industrial uses.
## Definition
- (3.1) In this section,
- (b) "golf course development" means a development comprising
- (a) "existing parcel" means a parcel of land that existed on July 9, 1994;
- (i) natural hazards, that may also include, but is not limited to, a main golf club building, ancillary buildings and structures, infrastructure and related services, equipment and signage used to assist with the operation and
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- (c)
## Approval of one lot per parcel
- (4) An existing parcel of land may, on approval, be subdivided into not more than one lot for one of the following purposes:
2. (a) recreational use;
3. (b) resource-commercial or resource-industrial use, where the lot is intended for agricultural, forestry or fisheries purposes;
4. (c) institutional use, where the lot has an area no greater than three acres;
5. (d) use as a cemetery;
6. (e) rural tourism use, where the area of the lot does not exceed three acres;
7. public utility use.
## Five lots per parcel - residential use
- (4.01) An existing parcel of land may, on approval, be subdivided into not more than five lots for residential use, which may include
- (a) single-unit dwelling use;
- (b) duplex dwelling use; or
- (c) multiple unit dwelling use or a mobile home park where
- (i) cent see pe eric by idad bypa matc pal is or set, are arentral
- (ii) an irrevocable agreement has been signed between the developer and the unicipal sewerage or water utility to provide central sewerage service c entral water service, or both, if available, to the lot or mobile home park
## Clarification
- (4.02) For greater certainty, the same parcel of land may be subdivided for the purposes of either subsection (4) or (4.01), but not both.
## Non-resource commercial or industrial
- (4.1) A parcel may be subdivided for a non-resource related commercial or industrial use where
- (a)
- (b) in the opinion of the Minister, that use has not been discontinued or abandoned; and
- (c) the proposed expansion does not violate the intent and purpose of these regulations, with particular regard for sections 3 and 13.
## Exception
- (5) Notwithstanding clause (4.01)(a), where the intended residential use is single-unit dwelling use, subdivisions of more than one lot per parcel of land, may be approved in the following situations:
2. (a) where the requirements of clause (4.01)(a) are insufficient to permit the owner of a parcel to provide lots for the children of that owner, and
3. (ii) a residential development component;
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- (ii)
- (iii) he total number of lots that may be subdivided from all of the parcels owne hiren of that owner at the time of the is cual on, aless than the number o
- (iv)
- (v)
- (b) where one lot is required in addition to those permitted by clause (a) or (4)(a) in orde to accommodate an existing farm dwelling, and the dwelling on the lot is to be server by the existing farm dwelling access;
- (c) water service or both if available to all lots prior to the conveyance of any lot from the approved subdivision;
- (d) where an owner of a golf course that exists on the date of the coming into force of this clause proposes to create a golf course development in accordance with the requirements of subsections (5.03) to (5.05).
## "remnant parcel", defined
- (5.01) the ustion (sce) at has no been * meaved for subdivision initi one or el re posion det he existing p. subsection (4), (4.01), (4.1), (5) or (5.1).
## Subdivision of remnant
- (5.02) An approval to subdivide a remnant parcel may be granted, as if the remnant parcel were an existing parcel, under
- (a) any clause of subsection (4), (4.01), (4.1) or (5); or
- (b) subsection (5.1),
if no previous approval to subdivide has been granted under such a clause of subsection (4), (4.01), (4.1) or (5), or under subsection (5.1), as the case may be, in respect of any land forming part of the existing parcel.
## Residential development component, criteria
- (5.03) A residential development component of a golf course development shall
- (b) be consistent with the objectives set out in subsection (3); and
- (c) not interfere with the normal operation of the golf course.
- the owner files, with an application to subdivide the parcel, a statutory declaration that he or she will convey the lots only to his or her children and
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## Conditions for application
- (5.04) The owner of a golf course that exists on the date of the coming into force of clause (5)(d) course, or the adjoining land, course development.
## Requirements for application
- (5.05) An application to establish a residential development component of a golf course development shall
- (a) indicate how the proposed development is suited to the intended location, by mean: of a detailed site plan, drawn to scale, and a design brief that include information about
- (i) the total area and topography of the proposed site, property boundaries, setbacks and location of all existing and proposed buildings on the property,
- existing and proposed land uses and the location of any archaeological sites, wildlife habitat areas and natural features, including beaches, sand dunes, wetlands and watercourses,
- (iii) proposed street design, including pedestrian circulation, safety of access and emergency access,
- (iv) if municipal or central services are available, the location of the proposed water supply, waste water collection, sewage disposal and treatment,
- (V) storm water management,
- (V1) proposed placement of utilities, services and easements,
- (vil) lot coverage ratio and building height allowance,
- (viii) potential effects of the proposed development on existing viewscapes, and
- (ix) any additional information the Minister considers necessary; and
- be presented at a public meeting in accordance with the requirements of section 11. (b)
## Idem
- (5.1) Notwithstanding clause 4(b), where the intended use is resource-commercial or resource-industrial within a municipality that has an official plan, subdivisions of more than one lot per parcel of land may be approved where an irrevocable agreement has been signed between the developer and a municipal sewerage or water utility to provide central sewerags or central water service, or both if available, to all lots prior to the conveyance of any lot fron
## Idem
- (6) In the case of a lemon Park subdivision which has more than one lot, and whose lots have
## Development permits
- (7) Pavelopment permis may be apprives contained in subsection (1) 401), (4.1), 0r (5.02),
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- (9)
- (a) existing parcels of land;
- (b) subdivisions approved prior to July 9, 1994;
- (c) sendait pas as residing urom such subditions : pursuant to subsections (4). (4.1). (4.01). (5) and (5.1) anc
- (d) service, central water service, or both of them, to the approved subdivision prior to commencement of construction or location of dwellings or buildings on any of the
- (e)
## Existing farm dwelling
- (8) Where a lot has been approved pursuant to clause (5)(b) to accommodate an existing farm dwelling, no development permit shall be issued for a dwelling on the remainder of the subdivided parcel.
## Municipal official plan
## Municipality with official plan
- (10) A municipality with an official plan may, as an alternative to amending its official plan and bylaws to conform with subsections (2) to (9), otherwise amend its official plan and bylaws where the amendments comply with subsection 7(2) of the Act and
2. (b) satisfy the minimum requirements applicable to official plans pursuant to section 7 of the Act;
3. (a) are consistent with the objectives set out in subsection (3);
4. (c) revoked by EC421/09;
5. (d) with the exception of the community of Miscouche, limit the number of lots in: subdivision for residential use to no more than five lots per existing parcel o land, unless
6. (i) central water service, central sewerage service, or both of them, by a municipal water utility, municipal sewerage utility, or both of them, is
7. (e)
8. (ii)) an irrevocable agreement has been signed between the developer and th nunicipal water utility, municipal sewerage utility, or both of them, t Pots prior intral conveyance any l from the aprove dr bach of done and all
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## SCHEDULE G | EXCAVATION PITS
## ·1 PROCESS
- (1) For the purposes of this Schedule, 'development permit' means a development permit issued by the Council for an excavation pit on a specified parcel.
- (2) Subject to section .10, no person shall
3. (a) develop or operate an excavation pit,
4. (b) remove excavated material from an excavation pit, or
5. (c) institute reclamation procedures in an excavation pit, except under the authority of a development permit issued in accordance with the
requirements of this Bylaw.
- (3) A property owner or their authorized agent may apply for a development permit by submitting to the Municipality,
2. a completed application, including the information required in the form approved by the Council, and
3. (b) the application fee set out in Schedule C.
- (4) The information and other documentation to be provided by an applicant for the purposes of an application under subsection (3) shall include
5. (a) if the applicant is not the owner of the parcel of land where the proposed excavation pit is to be operated, the written consent of the owner to the operation of the excavation pit on that parcel of land;
6. (b) the real property tax number and the name of the owner as shown on the tax notices under the Real Property Tax Act R.S.P.E.I. 1988, Cap. R-5, for the parcel of land where the proposed excavation pit is to be located;
7. (c) a map or plan showing the location, shape, dimensions, approximate area and description of the property on which the excavation pit is to be located and the location of the proposed excavation pit, together with the existing grades of the property on which the excavation pit is to be located;
8. (d) details of the existing land use of the location of the proposed excavation pit, including whether the property on which the proposed excavation pit is located is designated under the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5;
9. (e) details of the use of all land within 500 metres of the boundary of the proposed excavation pit,
10. (f) the location and extent of all watercourses and wetlands within the property boundaries or within 250 metres of the proposed excavation pit,
11. (g) the details of all drainage from the proposed excavation pit;
- (h) proposed measures to prevent soil eroded from the proposed excavation pit from entering any adjacent watercourses or wetlands;
- a description of all entrances to and exits from the proposed excavation pit;
- the proposed location and size of stockpiles of the matter to be excavated, overburden and waste;
- (k) proposed measures to protect people and livestock from any hazards that may be created by the proposed excavation pit, including fencing and posting of signs that warn of its proximity; and
- (1) other information respecting the proposed excavation pit and its operation that may be required by the Council in order to assess the application.
- (5) A plan referred to in clause (4)(c) may be in the form of an aerial photograph, a survey plan certified by a professional land surveyor or a line drawing made by an applicant, but the applicant shall ensure that any plan submitted for the purposes of this section contains sufficient detail and identifies the location and extent of the features referred to in subsection (4) with sufficient clarity to allow the Council to properly assess the application.
- (0) Council may grant a development permit to the applicant if, after reviewing an application submitted in accordance with subsection (3) and after following the procedures and considering the criteria set out in this Bylaw for a site-specific amendment use, Council is satisfied that
- (a) the application has been made in accordance with the requirements of this Bylaw; and
- (b) the application includes the information and other requirements referred to in subsection (4) and is otherwise acceptable to Council, and
- (c) adequately provides for the operation of the excavation pit in compliance with this Bylaw and the requirements of any other enactment.
- (7) In making its assessment under subsection (6), Council may consult with the Province's department responsible for the environment or other qualified professionals.
- (8) In determining whether or not to grant a development permit, Council may establish such terms and conditions as are necessary to ensure compliance with the Bylaw and any other enactment, including criteria for the renewal of the development permit.
- (9) Upon making a decision with regards to an application for a development permit, Council shall provide public notice in accordance with Part 15 of this Bylaw.
## .2 DISPLAY REQUIRED
- (1) A holder of a development permit shall display the development permit for an excavation pit in clear view at the entrance to the excavation pit for which it was issued.
## .3 REASONS FOR REFUSAL
- (1) Where the Council refuses to issue development permit to an applicant, the Council shall provide written reasons for the refusal to the applicant.
## ·4 COMPLIANCE REQUIRED
- (1) All activities associated with the operation of an excavation pit shall be carried out in compliance with this Bylaw and the requirements set out in paragraphs 1.0 to 2.6, inclusive, of the Design and Operational Criteria for Excavation Pits set out in the Schedule to the Excavation Pits Regulations.
- (2) The operator of an excavation pit shall ensure that the design and operation of the excavation pit comply with this Bylaw and the requirements set out in paragraphs 1.0 to 2.6, inclusive, of the Design and Operational Criteria for Excavation Pits set out in the Schedule to the Excavation Pits Regulations.
- (3) A development permit holder shall notify the Council in writing of any change in the circumstances of the development permit that relates to any information the development permit holder provided in the application for the development permit.
## .5 SUSPENSION
- (1) Council may suspend or revoke a development permit if Council is satisfied that any one or more of the following conditions prevail:
2. (a) the excavation pit is not designed, located, constructed, or operated in accordance with the requirements set out in this Bylaw or and the requirements set out in paragraphs 1.0 to 2.6, inclusive, of the Design and Operational Criteria for Excavation Pits set out in the Schedule to the Excavation Pits Regulations,
3. (b) the development permit holder has obtained the development permit through misrepresentation or fraud.
- (2) A suspension under subsection (1) remains in force for the period of time specified by Council, which shall not exceed the remainder of the period during which the development permit is valid.
- (3) Where a development permit is suspended under subsection (1), the development permit holder may reapply to Council for reinstatement of the development permit on the expiry of the suspension period specified under subsection (2) by providing proof satisfactory to Council that the contravention that gave rise to the suspension has been corrected.
## .6 EXPIRY
- (1) Notwithstanding section 3.15 of this Bylaw, unless otherwise specified by the Council, a development permit expires one year after the date on which it was issued.
## .7 RENEWAL
- (1) A development permit holder may renew the development permit prior to its expiry by submitting a completed application in the form required by Council to Council, accompanied by the renewal fee set out in Schedule C.
- (2) An applicant under subsection (1) shall provide, in respect of the excavation pit to which the development permit relates,
3. (a) the information required under clauses .1(4)(a) and (b); and
4. (b) any information under clauses 1(4)(d) and (e) that has changed since the issuance of the development permit or the previous renewal, whichever last occurred.
## .8 PROHIBITION
- (1) The holder of development permit for an excavation pit shall not transfer or use the development permit for the development or operation of an excavation pit other than the excavation pit for which it was granted.
## ·9 RECLAMATION PROCEDURES
- (1) The holder of a development permit shall, before the e excavation pit is abandoned, conduct reclamation procedures and institute safety measures that are acceptable to the Council, including
2. (a) sloping of the working faces of the excavation pit;
3. (b) contouring of pit floors to limit ponding of surface water; and
4. (c) restricting public access to the excavation pit by appropriate means.
- (2) The Council may direct the owner of a property on which an abandoned excavation pit is located to perform activities relating to the closure and reclamation of the excavation pit, if the Council believes on reasonable grounds that
6. (a) the slope or grading of the excavation pit is contributing to the release of sediment, silt or surface water runoff that is detrimental to the environment;
7. (b) the closure and reclamation of the excavation pit would contribute to an improvement in the natural habitat of the area;
8. (c) the excavation pit may be injurious to the health or safety of a person; or
- (d) the excavation pit interferes with or is likely to interfere with the comfort, well-being, livelihood, or enjoyment of life of a person.
- (3) Clause 2(c) does not apply to an owner of a property referred to in subsection (2) who is acting under the authority of a directive issued by the Council under that subsection.
## .10 EXEMPTION
- (1) The registered owner of a parcel is exempt from the requirement to obtain development permit for the operation of an excavation pit located on that parcel if the material to be excavated is for private use and is not sold commercially or supplied to any person for resale.