South Pender Island LTC Bylaw No. 122 Adopted
· South Pender Island · Adopted Bylaws · 2022
Original Trust document
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Topics: Marine & foreshore · Fresh water & aquifers · Housing & affordability · Bylaw enforcement · Agriculture & the ALR · Governance & budget — our classification, not the Trust's.
Extracted text (beginning)
SOUTH PENDER ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 122 A BYLAW TO AMEND SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 The South Pender Island Local Trust Committee, being the Trust Committee having jurisdiction in respect of the South Pender Island Trust Area under the Islands Trust Act, enacts as follows: 1. Citation This bylaw may be cited for all purposes as “South Pender Island Land Use Bylaw No. 114, 2016, Amendment No. 2, 2021". 2. South Pender Island Local Trust Committee Bylaw No. 114, cited as “South Pender Island Land Use Bylaw No. 114, 2016" is amended as follows: 2.1 By adding the following new definitions to Section 1.1 ‘Definitions’: ““agri-tourism” means an activity referred to in Section 12 of the Agricultural Land Reserve Use Regulation.” ““agri-tourist accommodation” means a use accessory to a farm use for the purpose of accommodating commercial guests within specific structures on specific portions of a lot as referred to in Section 33 of the Agricultural Land Reserve Use Regulation.” ““basement floor area” means any portion of a storey in a dwelling with a lower floor that is located 1.5 metres or more below natural grade.” ““farm retail sales” means the retail sale of tangible farm products grown or raised on a farm or association to which the owner of the farm belongs.” ““Farm Status” means land classified as a farm pursuant to the (BC) Assessment Act.” 2.2 By removing the words “floor area of 70m² or less” and replacing it with “limited floor area” in the definition of ‘cottage’. 2.3 By removing the word “outer” and replacing it with “inner” to the definition of ‘floor area’ and by adding the words “and exclusive of a storey that is not fully enclosed by a floor, ceiling, and four walls or glass” at the end of the definition of ‘floor area’. 2.4 By removing the words “7.6 metres (25 feet)” and replace it with “15 metres (50 feet)” and by removing the words “pump/utility house” in Subsection 3.3(3). 2 of 9 SP-BL-122 2.5 By adding the following new subsection after Subsection 3.3(3) and renumbering accordingly: “Despite Subsection 3.3(3), buildings or structures, except a fence, stairway, wharf and dock ramps or their footings, legally constructed prior to [insert date of Bylaw No. 122 adoption] shall not be sited within 7.6 metres (25 feet) of the natural boundary of the sea and, for this purpose only, paved areas of asphalt, concrete or similar material are "structures”.” 2.6 By adding the following new subsection after Subsection 3.3(3) and renumbering accordingly: “Despite Subsection 3.3(3), on a lot that contains a legal dwelling, cottage, or accessory building constructed prior to the adoption of this bylaw, a replacement dwelling, cottage, or accessory building may be constructed, or the existing dwelling, cottage, or accessory building re-constructed or altered, provided the distance from the natural boundary of the s
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