South Pender Island LTC Bylaw No. 122 Adopted

· South Pender Island · Adopted Bylaws · 2022

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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.

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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). 
  

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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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