North Pender Island: the bylaw audit

30 findings: 7 in bylaws not yet adopted, 23 in bylaws in force. Read on 2026-09-19. Every quotation is a link to the words themselves.

The North Pender local trust area also covers the North Pender Associated Islands (Land Use Bylaw No. 148 and Official Community Plan No. 147). We do not hold those two bylaws; their listings were checked for publication problems only. Draft Bylaw 241's church-site affordable housing and rental homes above commercial space are promising; the combined dwelling-size cap, missing parking unit and removal of accessory-dwelling provisions need a clear housing-impact account.

The bylaws, and where each one stands

Bylaw 235 (not yet adopted). OCP amendment read a third time on 10 April 2026; Executive Committee approved it on 6 May (EC-2026-059). A later ministerial referral, approval or local adoption was not established by this audit; request the current status before addressing the Minister.
Bylaw 240 (not yet adopted). Draft community plan amendment for the Housing Access and Affordability Project. Received 10 April 2026; sent for referral on 29 May 2026 (resolution NP-2026-038); referral forms dated 12 June 2026. No reading yet. Staff planned first reading for the 4 September 2026 meeting, whose agenda is not in the Trust's index. Needs a public hearing, the Executive Committee and the Minister. The October 2 meeting outcome has not been verified here; this is the status of the earlier public draft.
Bylaw 241 (not yet adopted). Draft land use bylaw amendment for the same project. On 29 May 2026 the committee directed staff to delete every accessory dwelling unit provision and to raise the church land in CS(a) from 20 to 30 affordable units with conditions (resolution NP-2026-037), then sent it for referral. The text we read is the 29 May package, before those changes; the referred text is not in any indexed document. Needs readings, a public hearing and the Executive Committee. The October 2 meeting outcome has not been verified here; this is the status of the earlier public draft.
Bylaw 236 and 237 (not yet adopted). Draft plan and land use bylaw amendments for rezoning application NP-RZ-2024.1 (an excavating business now under a temporary use permit). Received and sent for referral on 30 January 2026, subject to an updated site plan. No reading yet. Text not read.
Bylaw 242 (not yet adopted). Draft land use bylaw amendment for rezoning application NP-PL-RZ-2024-0110 (General Industrial site on Port Washington Road). Received and sent for referral on 30 January 2026. On 29 May 2026 the committee asked for more detail on the stormwater plan. No reading yet. Text not read.
North Pender Island Land Use Bylaw No. 224 (in force). In force. The Trust's consolidation includes amending Bylaws 229 and 234 and is dated 11 March 2024 in the index. Draft Bylaws 237, 241 and 242 would amend it.
North Pender Island Official Community Plan Bylaw No. 171 (in force). In force. The Trust's consolidation includes amendments to Bylaw 223 and is dated 14 December 2023 in the index. Bylaw 235 and draft Bylaws 236 and 240 would amend it.
Bylaw 148 (in force). North Pender Associated Islands Land Use Bylaw. Not in our library. Listing checked for publication only: it serves the right document (72 pages, amended by Bylaws 170, 187 and 232).
Bylaw 147 (in force). North Pender Associated Islands Official Community Plan. Not in our library. Listing checked for publication only: it serves the right document (54 pages, amended by Bylaws 169, 183 and 189).

Correspondence Tony Aly reported sending

Tony confirmed sending the following letters on 3 October 2026. The text shown is the version we supplied for sending, with URLs written out for plain-text email. We have not independently verified the exact transmitted copy or received a response to these letters.

North Pender OCP Bylaw 235 – nest-tree definition and eagle date ranges

Reported sent: 3 October 2026
To: southinfo@islandstrust.bc.ca

Read the prepared letter

Dear North Pender Island planning staff,

Please confirm whether Bylaw 235 has been referred to, approved by, or adopted after consideration by the Minister. It received Executive Committee approval on May 6, but our audit of the published text (https://abolishislandstrust.org/bylaw-audit/northpender) found that its key nest-tree definition is directed to section 7.7(45), while section 7.7 contains only four subsections. The replacement text gives different date ranges for critical nesting and breeding periods; please clarify which range governs each operative rule. It also has several lesser drafting slips.

Please identify the operative text and correct the definition's destination and clarify how the two date ranges operate before adoption if that remains possible. If it has advanced, please provide the approval and adoption records and explain how those conflicts were resolved. I support clear habitat protection rules that owners and staff can actually apply.

Sincerely,
Tony Aly

North Pender housing Bylaws 240 and 241 – keep new homes buildable and repair drafting gaps

Reported sent: 3 October 2026
To: southinfo@islandstrust.bc.ca

Read the prepared letter

Dear North Pender Island Local Trust Committee,

Please provide the latest referred or read text of Bylaws 240 and 241 and the decisions made at the October 2 meeting. Our audit of the May drafts (https://abolishislandstrust.org/bylaw-audit/northpender) found an important housing issue: Bylaw 241 changes a limit on one house into a combined floor-area cap on the principal home, cottage and suite. It also repeats a parking row for rental housing that ends at “1 per” without saying per what, and carries errors into the replacement Community Service table. Some amending clauses point to a different zone or to provisions with the wrong numbering. The May 29 direction to remove accessory-dwelling provisions and increase the church-site affordable-housing allowance to 30 units is not reflected in the draft we have.

I favour viable affordable homes on the church site and rental homes above commercial space. Please publish the post-May 29 text, show the actual net effect on homes a lot can build, retain or explain the removal of accessory housing, and correct the parking and amending clauses before any further reading or adoption, if those steps remain after October 2. Please respond against the cited points, including any corrected since May.

Sincerely,
Tony Aly

A letter you can send

Executive Committee approved Bylaw 235 on May 6. This audit has not verified a later referral to the Minister, ministerial approval or adoption. Ask staff for the operative text and referral record before making a ministerial submission.

To: North Pender planning staff
Subject: North Pender OCP Bylaw 235 – operative definition and status records

To North Pender planning staff,

I am writing to request the current status and text of North Pender OCP Bylaw 235 after Executive Committee approval on May 6. [Say here whether you own, rent or live on North Pender Island, and where.]

These are the points that concern me:

- Bylaw 235 adds its key definition to Section 7.7(45) of the community plan, and section 7.7 has four subsections.
- Bylaw 235 describes different critical-nesting and breeding date ranges for bald eagles without explaining which period controls each permit condition.
- Small slips in Bylaw 235 as approved by the Executive Committee: a bracket never closed, a comma for a full stop, a misspelled and out of date Minister's title.

The words of the bylaw behind each point are quoted, with a link to the place they can be read, at https://abolishislandstrust.org/bylaw-audit/northpender

Please provide any ministerial referral, approval and adoption records. The published text directs its nest-tree definition to nonexistent section 7.7(45); please identify the corrected adopted wording or the corrective amendment route. The text also describes critical nesting and breeding periods with different date ranges; please clarify which period governs each operative rule.

Yours respectfully,
[Your name]
[Your address on North Pender Island, or your interest in the trust area]

Open an email to southinfo@islandstrust.bc.ca

Change anything you do not agree with, and say who you are and where you live or own land. A few sentences in your own words are worth more than ours.

In bylaws not yet adopted

These can still be fixed.

Something left out · in a bylaw not yet adopted

Draft Bylaw 241 turns the limit on the size of one house into one limit for the house, the cottage and the suite added together, and leaves the clause that protects existing houses as it is.

Today the floor area table in each residential zone has a column headed The floor area of a dwelling may not exceed, and the column for all buildings leaves out the floor area of a secondary suite. A cottage has its own limit of 80 square metres. Draft Bylaw 241 replaces the tables in the RR1, RR2, Rural, RC1, RC2 and Agricultural zones. The new column is headed The total floor area of all dwelling units per lot may not exceed, the words that left out a secondary suite are gone, and the draft defines dwelling unit to include the principal dwelling, a cottage and a secondary suite. The numbers in the column do not change. On a lot under 0.4 hectares the same 325 square metres that now limits the house would limit the house, the cottage and the suite together. The staff report says the purpose of the table changes is to reduce maximum building and dwelling unit floor area. The clause that protects a lawful older house, 5.1(11) and its twins in the other zones, still speaks only of the floor area of the dwelling. The draft has no words for a lot whose house and cottage were lawfully built under the present table and together exceed the new one. The project is the Housing Access and Affordability Project. The committee sent the draft out for referral on 29 May 2026 and it has not had first reading.

“The total floor area of all dwelling units per lot may not exceed:”
Read it: page 177 of the Islands Trust’s own document
“The total floor area of all buildings, excluding the floor area of a secondary suite, may not exceed: The floor area of a dwelling may not exceed:”
Read it: North Pender Bylaw 224, s. 5.1(9)
““dwelling unit” means a building or portion of a building including a principal or additional dwelling, cottage, secondary suite, and accessory dwelling unit”
Read it: page 175 of the Islands Trust’s own document
“The maximum floor area of a cottage must not exceed 80 m².”
Read it: North Pender Bylaw 224, s. 5.1(10)
“provided the floor area of the replacement, re-constructed or altered dwelling does not exceed the floor area of the dwelling on the lot at the time of the adoption of this Bylaw”
Read it: North Pender Bylaw 224, s. 5.1(11)
“to reduce maximum building and dwelling unit floor area”
Read it: page 164 of the Islands Trust’s own document
“directs staff to initiate bylaw referrals for draft Bylaw No. 240”
Read it: page 7 of the Islands Trust’s own document

Something left out · in a bylaw not yet adopted

Draft Bylaw 241 adds rental housing to the Commercial 1 zone and re-enacts a parking table whose rate for rental housing reads 1 per, with nothing after it.

Table 7.1 of Land Use Bylaw 224 sets the parking a use has to provide. Its row for Community Housing and Rental Housing says 1 per and stops. The rate has no unit in the Trust's PDF. Draft Bylaw 241 deletes Table 7.1 and replaces it with a new one, and the new one repeats the same row. The same draft permits up to three units of second storey rental housing on a Commercial 1 lot and affordable housing on the church land in CS(a). Section 7.4(2) makes Table 7.1 the only source of the required number. Neither an owner nor a building official can work out from the text how many spaces those units need. The new table also keeps Churches in two rows with two different rates.

“Community Housing Rental Housing 1 per Retail Stores”
Read it: page 182 of the Islands Trust’s own document
“Community Housing Rental Housing 1 per Retail Stores”
Read it: page 83 of the Islands Trust’s own document
“rental housing is permitted per lot with a maximum floor area of 80 m”
Read it: page 179 of the Islands Trust’s own document
“Table 7.1 is amended by deleting the existing Table 7.1 and replacing it with the following Table 7.1”
Read it: page 181 of the Islands Trust’s own document
“The number of off-street parking spaces required in respect of particular uses is set out in Table 7.1”
Read it: North Pender Bylaw 224, s. 7.4(2)
“Fire Hall 1 per 35 m² of floor area Community Halls Lodge Halls Churches 1 per 4 seats”
Read it: page 182 of the Islands Trust’s own document

Two rules that cannot both be obeyed · in a bylaw not yet adopted

Bylaw 235 describes different critical-nesting and breeding date ranges for bald eagles without explaining which period controls each permit condition.

Section 5.2.8.3 of the replacement text says human disturbance harms eagles during the critical nesting period from January 15 to August 30. Four paragraphs later it gives their breeding season as Feb 5 to Aug 31. Guideline 3 lets a permit restrict significant work to periods when eggs and young are not present in the nest tree. On 10 April 2026 the committee removed the seasonal buffer for eagle nests from the designation, so the designation itself no longer gives eagle dates. An owner near a mapped eagle tree is left with two periods that start three weeks apart and no words that say which one a permit condition follows.

“human disturbance during the critical nesting period from January 15 to August 30”
Read it: page 50 of the Islands Trust’s own document
“During their breeding season (Feb 5 to Aug 31)”
Read it: page 51 of the Islands Trust’s own document
“conditions restricting significant work to periods when eggs and young are not present in the nest tree”
Read it: page 54 of the Islands Trust’s own document
“Amend the draft bylaw to remove seasonal buffer areas from eagle nest sites.”
Read it: page 8 of the Islands Trust’s own document

Two rules that cannot both be obeyed · in a bylaw not yet adopted

Draft Bylaw 241 replaces the whole Community Service table and carries its two errors into the new one.

Clause 2.24 of the draft deletes Table 5.11 and enacts a new one, so that housing can be added to several Community Service sites. The new table still gives CS(d) and CS(e) the same legal description, Lot 20, Section 10, Plan 24777, with water tank as the only use for one and church as the only use for the other. Its row numbers still run 8 and then 10. A table that is being re-enacted in full is the place to settle which lot is which.

“4 CS(d) Lot 20, Section 10, Plan 24777. The only use permitted in this location is water tank.”
Read it: page 180 of the Islands Trust’s own document
“5 CS(e) Lot 20, Section 10, Plan 24777. The only use permitted in this location is church.”
Read it: page 180 of the Islands Trust’s own document
“health clinic, public emergency services. 10 CS(i)”
Read it: page 180 of the Islands Trust’s own document
“Table 5.11 is amended by deleting the existing Table 5.11 and replacing it with the following Table 5.11”
Read it: page 180 of the Islands Trust’s own document

A reference to something that does not exist · in a bylaw not yet adopted

Bylaw 235 adds its key definition to Section 7.7(45) of the community plan, and section 7.7 has four subsections.

Bylaw 235 rewrites the raptor and heron nest permit area in the community plan. It was read a second and third time on 10 April 2026, and the Executive Committee approved it on 6 May 2026. The committee's resolution sends it next to the Minister of Housing and Municipal Affairs. Clause 2 of the bylaw adds the definition of nest tree to Section 7.7(45). Section 7.7 of the plan is Interpretation. It has subsections 1) to 4), and the definitions are an unnumbered alphabetical list under 4). There is no 45. The committee's own resolution said the definition was to go in Subsection 7.7 Interpretation. Every radius in the new permit area is measured from a nest tree, so the definition is the one the whole section leans on. The bylaw has not been adopted, so the number can still be corrected.

“Part 7 Administration and Implementation Section 7.7(45) is amended by adding the following definition”
Read it: page 55 of the Islands Trust’s own document
“7.7 INTERPRETATION 1) In the system used for referencing provisions”
Read it: North Pender Bylaw 171, s. 7.7
“4) Throughout this Plan, the words listed below shall be defined as follows:”
Read it: page 102 of the Islands Trust’s own document
“Adding the following definition of nest tree in Subsection 7.7 Interpretation”
Read it: page 8 of the Islands Trust’s own document
“that the Islands Trust Executive Committee approve North Pender Island Local Trust Committee Bylaw No. 235”
Read it: page 3 of the Islands Trust’s own document

A reference that lands on the wrong subject · in a bylaw not yet adopted

Several amending clauses in draft Bylaws 240 and 241 are addressed to provisions that do not exist or belong to another zone.

Land Use Bylaw 224 numbers a subsection as 5.7(1) and an article as 5.7(1)(k). Draft Bylaw 241 writes Subsection 5.7.1 and Article 5.7.1(k.1), and places the new article immediately after Article 5.1(k). Section 5.1 is the Rural Residential 1 zone. The article meant is 5.7(1)(k), Accessory dwelling, in the Commercial 1 zone. Clause 2.15 calls section 5.2 the Rural Residential 1 (RR2) Zone. Clause 2.20 calls section 5.6 the Rural Agricultural (AG) Zone, and the bylaw calls it the Agricultural (AG) Zone. Clause 2.25 amends Subsection 7.4(4), Table 7.1. Section 7.4 has subsections (1) and (2) and the table sits under (2). In draft Bylaw 240, clause 8 amends Section 2.1.2 of the plan by inserting policy 2.1.2.10 after Policy 2.1.1.9. Policy 2.1.1.9 is in section 2.1.1. The last policy of section 2.1.2 is 2.1.2.9. An amending bylaw changes the law only where it says it does, so each of these needs to point at the right place before first reading.

“new Article 5.7.1(k.1) immediately after Article 5.1(k) such that it reads:”
Read it: page 179 of the Islands Trust’s own document
“(k) Accessory dwelling; and”
Read it: North Pender Bylaw 224, s. 5.7(1)
“Subsection: 1.1(1) Article: 1.1(1)(a)”
Read it: North Pender Bylaw 224, s. 1.2(1)
“Section 5.2, Rural Residential 1 (RR2) Zone, Subsection 5.2.9”
Read it: page 177 of the Islands Trust’s own document
“Section 5.6, Rural Agricultural (AG) Zone, Subsection 5.6.8”
Read it: page 179 of the Islands Trust’s own document
“Subsection 7.4(4), Table 7.1 is amended”
Read it: page 181 of the Islands Trust’s own document
“(2) The number of off-street parking spaces required”
Read it: North Pender Bylaw 224, s. 7.4(2)
“Section 2.1.2 is amended by inserting a new policy after Policy 2.1.1.9 as follows:”
Read it: page 173 of the Islands Trust’s own document
“2.1.2.9 Secondary suites may be permitted within principal dwellings”
Read it: North Pender Bylaw 171, s. 2.1.2.9

Numbering and proofreading · in a bylaw not yet adopted

Small slips in Bylaw 235 as approved by the Executive Committee: a bracket never closed, a comma for a full stop, a misspelled and out of date Minister's title.

The eagle designation opens a bracket at lands zoned and never closes it, and names the zone Rural Residential One where Land Use Bylaw 224 calls it Rural Residential 1. The next line writes Bylaw No, 224 with a comma. The approval block is for the MINISTER OF MUNICPAL AFFAIRS, while the committee's own resolution names the Ministry of Housing and Municipal Affairs. The bylaw is cited as Amendment No. 1, 2023 although its first reading was on 3 October 2025. None of these changes a right on its own. They are recorded because the bylaw can still be corrected before adoption.

“a 60 m radius from nest trees in high density areas (lands zoned Rural Residential One in North Pender Island Land Use Bylaw No. 224, 2022.”
Read it: page 49 of the Islands Trust’s own document
“Land Use Bylaw No, 224, 2022.”
Read it: page 49 of the Islands Trust’s own document
“APPROVED BY THE MINISTER OF MUNICPAL AFFAIRS”
Read it: page 48 of the Islands Trust’s own document
“DAY OF OCTOBER 2025.”
Read it: page 48 of the Islands Trust’s own document
“to the Ministry of Housing and Municipal Affairs for Ministerial approval”
Read it: page 8 of the Islands Trust’s own document
“Rural Residential 1 RR1”
Read it: North Pender Bylaw 224, s. 4.1(1)

In bylaws in force

Something left out · in a bylaw in force

The Comprehensive Development 1 zone borrows the setbacks of the Water 2 zone, and the Water 2 zone has no setbacks.

Subsection 5.26(9) says buildings not shown on the plan in Schedule F take the setbacks of the Water 2 zone within a water lease. The siting rules of the Water 2 zone at 5.21(3) to 5.21(5) are a height limit, a floor area limit for buildings on docks and a rule that structures stay inside the lease. None is a setback. The height rule that 5.26(11) borrows does exist.

“shall be those for the Commercial 1 Zone on any upland lot and those for the Water 2 Zone within a water lease or license of occupation”
Read it: North Pender Bylaw 224, s. 5.26(9)
“(3) No building or structure may exceed 4.5 metres in height.”
Read it: North Pender Bylaw 224, s. 5.21(3)
“(5) No dock or other structure may be located outside of the boundaries of a water lease or licence of occupation.”
Read it: North Pender Bylaw 224, s. 5.21(5)

Something left out · in a bylaw in force

Off-site parking is allowed in a zone where parking is a permitted principal use, and no zone lists parking as a use.

Subsection 7.1(2) lets an owner who cannot fit the required parking on the lot provide it within 100 metres on a lot in the same zone or in another zone in which parking is a permitted principal use. We read the permitted uses of all 26 zones in Part 5 and the site-specific tables. None lists parking as a principal use. The second half of the relief cannot be used.

“if that lot is in the same zone or another zone in which parking is a permitted principal use”
Read it: North Pender Bylaw 224, s. 7.1(2)

Something left out · in a bylaw in force

Development Permit Area Ten is drawn on Schedule P, and the plan's list of its own schedules stops at Schedule O.

Plan section 5.2.11.6 says the riparian and aquatic permit area is all land designated on Schedule P of this plan. The enacting clause on PDF page 4 and the list headed Schedules on PDF page 5 both run from Schedule A to Schedule O and do not list a Schedule P. The published PDF has 104 pages, its footers count 110, and it contains no map schedules.

“This development permit area includes all land designated on Schedule P of this plan as being within the Riparian and Aquatic DPA.”
Read it: North Pender Bylaw 171, s. 5.2.11.6
“Schedule O: Development Permit Area Seven (Raptor and Heron Nests) BYLAW REPEAL”
Read it: page 4 of the Islands Trust’s own document
“Schedule O: Development Permit Area Seven (Raptor and Heron Nests)”
Read it: page 5 of the Islands Trust’s own document

Two rules that cannot both be obeyed · in a bylaw in force

Two site-specific tables give one label to two properties, or two labels to one property.

A site-specific rule is found by matching the label on the zoning map to a row in the zone's table. In the General Industrial table two rows are both numbered 5 and both labelled GI(e). One is a contractor yard and gravel storage on part of Parcel G. The other is a waste transfer, composting and recycling site on part of Lot 1, Plan VIP59806. In the Community Service table CS(d) and CS(e) both describe Lot 20, Section 10, Plan 24777. For CS(d) the only use permitted is water tank. For CS(e) the only use permitted is church. The row numbers in that table also run 8 and then 10. We did not check the labels against the zoning map.

“5 GI(e) Westerly portion of land legally described as a portion of Parcel G”
Read it: page 56 of the Islands Trust’s own document
“5 GI(e) Portion of Lot 1, Section 18, Pender Island, Cowichan District, Plan VIP59806”
Read it: page 56 of the Islands Trust’s own document
“4 CS(d) Lot 20, Section 10, Plan 24777. The only use permitted in this location is water tank.”
Read it: page 58 of the Islands Trust’s own document
“5 CS(e) Lot 20, Section 10, Plan 24777. The only use permitted in this location is church.”
Read it: page 58 of the Islands Trust’s own document

Two rules that cannot both be obeyed · in a bylaw in force

In the Rural zone floor area table a lot of 16 hectares or more falls in two rows that give different house sizes.

The table at 5.3(8) has a row for lots of 1.2 hectares or greater, with a dwelling limit of 418 square metres, and a further row for lots of 16 hectares or greater, with a dwelling limit of 500 square metres. A lot of 16 hectares is also a lot of 1.2 hectares or greater, so both rows apply and they give different answers. In the PDF the 16 hectare row has no figure for the total floor area of all buildings. The third row has no upper bound, unlike the second row, which stops below 1.2 hectares.

“0.4 ha to < 1.2 ha (1 to 3 acres) … 1.2 ha or greater (3 acres or greater) … 16 ha or greater (40 acres or greater)”
Read it: North Pender Bylaw 224, s. 5.3(8)

Two rules that cannot both be obeyed · in a bylaw in force

The Water 2 zone limits private docks to one per upland lot, but private docks are not among its permitted uses.

Subsection 5.21(1) lists the uses permitted in the Water 2 zone and says all other uses are prohibited. The list has marinas, yacht clubs, wharfage for commercial craft, launch ramps and accessory uses. It has no private dock. Subsection 5.21(2) then sets a maximum of one private dock per abutting upland residential lot, in the same words the Water 1 zone uses where private docks are permitted. An upland owner beside a Water 2 zone cannot tell from the text whether a private dock is allowed.

“all other uses are prohibited: (a) Marinas; (b) Yacht clubs; (c) Wharfage facilities for water taxis, ferries, fishing boats, sea planes and similar craft; (d) Boat launch ramps;”
Read it: North Pender Bylaw 224, s. 5.21(1)
“(2) A maximum of one (1) private dock is permitted per abutting upland residential lot.”
Read it: North Pender Bylaw 224, s. 5.21(2)
“(2) A maximum of one (1) private dock is permitted per abutting upland residential lot.”
Read it: North Pender Bylaw 224, s. 5.20(2)

Two rules that cannot both be obeyed · in a bylaw in force

The community plan says subdivision rules shall require proof of not less than 2045 litres of water a day for each lot, and the land use bylaw requires 2000.

Plan policy 3.2.3 is written as a direction to the subdivision regulations: not less than 2045 litres a day per lot, which it gives as 450 gallons. Table 1 in section 8.12 of the land use bylaw sets the standard at 2000 litres per lot. The gap is small, but the plan's words are not less than, and the bylaw's figure is less. Whether this matters in law depends on the consistency rule in the Local Government Act, which we have not quoted here.

“Subdivision regulations shall establish that not less than 2045 litres/day/lot (450 gallons/day/lot), shall be proven available prior to subdivision approval”
Read it: North Pender Bylaw 171, s. 3.2(3)
“DOMESTIC POTABLE WATER SUPPLY STANDARDS FOR SUBDIVISION USE VOLUME (per day per lot) Per lot (including one dwelling 2000 litres”
Read it: North Pender Bylaw 224, s. 8.12(5)

Two rules that cannot both be obeyed · in a bylaw in force

The plan says storage of hazardous and toxic wastes shall be prohibited on North Pender, and the land use bylaw allows six months of it in two zones.

Plan policy 3.3.2.2 is a flat prohibition on storage and disposal. Item (3) of section 3.2 of the land use bylaw (page 21 of the Trust's PDF) prohibits disposal or storage of hazardous or toxic waste other than temporary storage in the Recycling Facility and General Industrial zones, and defines temporary as not more than 6 months' accumulation. The bylaw permits something the plan says shall be prohibited.

“The storage and disposal of hazardous and toxic wastes on North Pender Island shall be prohibited.”
Read it: North Pender Bylaw 171, s. 3.3.2.2
“means that not more than 6 months' accumulation of such waste may be stored”
Read it: North Pender Bylaw 224, s. 3.2
“other than the temporary storage of such waste in the Recycling Facility (RF) Zone and the General Industrial (GI) Zone”
Read it: page 21 of the Islands Trust’s own document

A reference to something that does not exist · in a bylaw in force

The Comprehensive Development 1 zone sets its parking despite Subsection 7.5(2), and Part 7 ends at section 7.4.

Subsection 5.26(14) reduces the parking for the accessory dwelling to one space, despite Subsection 7.5(2). The parking part of the bylaw has sections 7.1 to 7.4 and then Part 8 begins. The rule that sets the number of spaces is 7.4(2).

“Despite Subsection 7.5(2), the minimum number of parking spaces required in the Comprehensive Development 1 Zone for the accessory dwelling is one (1) parking space.”
Read it: North Pender Bylaw 224, s. 5.26(14)
“7.4 Number of Off-Street Parking Spaces”
Read it: North Pender Bylaw 224, s. 7.4
“The number of off-street parking spaces required in respect of particular uses is set out in Table 7.1”
Read it: North Pender Bylaw 224, s. 7.4(2)

A reference to something that does not exist · in a bylaw in force

Two Agricultural site-specific zones define their permitted uses by pointing at 8.3.2(1), which is not a list of uses in this bylaw.

The rows for AG(a) and AG(c) say the only permitted uses are those permitted by 8.3.2(1) and then name lettered items. This bylaw numbers provisions as 8.3(2), and section 8.3 is about covenants at subdivision. Subsection 8.3(2) has articles (a) to (d) only, and none of them is a use. The Agricultural zone's uses are listed at 5.6(1)(a) to (h). The numbering 8.3.2 looks like a section number from an earlier bylaw. As written, the owners of these two properties cannot tell from the bylaw which uses are permitted, and AG(c) names items (e), (g) and (h).

“the only permitted uses in this location are camp facility and the uses permitted by 8.3.2 (1) (a), (c) and (d)”
Read it: North Pender Bylaw 224, s. 5.6(13)
“the only permitted uses in this location are the uses permitted by 8.3.2(1)(a), (c), (e), (g), (h) and one manager’s suite”
Read it: North Pender Bylaw 224, s. 5.6(13)
“(2) If a subdivision is proposed that yields fewer than the maximum number of lots permitted”
Read it: North Pender Bylaw 224, s. 8.3(2)
“(a) Dwelling; (b) Cottage; (c) Agriculture; (d) Secondary Suite;”
Read it: North Pender Bylaw 224, s. 5.6(1)