Gabriola Island Land Use Bylaw No. 177

Page 1

Gabriola Island Land Use Bylaw Bylaw No. 177, 1999 As amended by the Gabriola Island Local Trust Committee Consolidated Version: January 31 , 202 3 This Bylaw is consolidated for convenience only and is not to be construed as a legal document. F or reference to original bylaw and amendments, please contact: Islands Trust - Northern Office, 700 North Road Gabriola Island, BC V0R 1X3 (250) 247 - 2063 Preserving Island communities, culture and environment

Page 2

CONSOLIDATED BYLAW TEXT AMENDMENTS This copy is consolidated for convenience only and includes the following text and insert map amendments only: Bylaw Number Amendment Number Adoption Date Bylaw No. 180 Amendment No. 1, 2000 June 30, 2000 Bylaw No. 185 Amendment No. 2, 2000 October 19, 2000 Bylaw No. 186 Amendment No. 3, 2000 October 19, 2000 Bylaw No. 1 87 Amendment No. 4, 2000 October 19, 2000 Bylaw No. 190 Amendment No. 6, 2000 January 11, 2001 Bylaw No. 193 Amendment No. 1, 2001 June 27, 2001 Bylaw No. 195 Amendment No. 3, 2001 June 27, 20 01 Bylaw No. 196 Amendment No. 4, 2001 February 2 1 , 2002 Bylaw No. 199 Amendment No. 5, 2002 S eptember 26, 2002 Bylaw No. 200 Amendment No. 1, 2002 September 5, 2002 Bylaw No. 210 Amendment No. 1, 2003 August 5, 2003 Bylaw No. 213 Amendment No. 4, 2003 A ug ust 7, 2003 Bylaw No. 212 Amendment No. 3, 2003 May 6, 2004 Bylaw No. 215 Amendment No. 5, 2003 December 11, 2003 Bylaw No. 218 A mendment No. 7, 2003 May 6, 2003 Bylaw No. 220 Amendment No. 8, 2003 May 6, 2003 Bylaw No. 222 Amendment No. 9, 2003 May 6, 200 3 Bylaw No. 236 Amendment No. 2, 2005 September 9, 2005 Bylaw No. 233 Amendment No. 2, 2004 Dec ember 14, 2005 Bylaw No. 238 Amendment No. 3, 2005 March 16, 200 6 Bylaw No. 226 Amendment No. 1, 2004 October 18, 2007 Bylaw No. 250 Amendment No. 1, 2008 Octobe r 23, 2008 Bylaw No. 259 Amendment No. 1, 2010 January 27, 2011 Bylaw No. 261 Amendment No. 2, 2010 July 28, 2011 Bylaw No. 266 Amendment No. 1 , 20 12 May 7, 2015 Bylaw No. 272 Amendment No. 1 , 201 3 May 7, 2015 Bylaw No. 273 Amendment No. 2, 201 3 May 7, 201 5 Bylaw No. 275 Amendment No. 1 , 201 4 May 7, 2015 Bylaw No. 279 Amendment No. 2, 2012 October 13, 2016 Bylaw No. 280 Amendment No. 1, 2015 September 8, 2016 Bylaw No. 290 Amendment No. 1, 2016 September 27, 2018 Bylaw No. 291 Amendment No. 2, 2016 May 11, 2017 Bylaw No. 29 3 Amendment No. 1, 2017 June 14, 2018 Bylaw No. 303 Amendment No. 1, 2019 October 21, 2021 Bylaw No. 307 Amendment No. 1, 2020 October 26 , 2022 Bylaw No. 309 Amendment No. 1, 2021 June 25, 2021 Bylaw No. 310 Amendment No. 2, 2021 November 15, 2021

Page 3

Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents Words shown in Italics are defined in Part G Page 3 T ABLE OF C ONTENTS PART A - ADMINISTRAT IVE PROVISIONS ................................ ................................ .............. 9 A.1 JURISDICTION ................................ ................................ ................................ ................................ .................... 9 A.1.1 Application ................................ ................................ ................................ ................................ ..................... 9 A.2 INTERPRETATION ................................ ................................ ................................ ................................ .............. 9 A.2.1 Referencing System ................................ ................................ ................................ ................................ ...... 9 A.2.2 Definitions ................................ ................................ ................................ ................................ ...................... 9 A.2.3 Units of Measure ................................ ................................ ................................ ................................ ........... 9 A.2.4 Severability ................................ ................................ ................................ ................................ .................... 9 A.2.5 Covenants ................................ ................................ ................................ ................................ ................... 10 A.3 COMPLIANCE ................................ ................................ ................................ ................................ ................... 10 A.3.1 Conformity ................................ ................................ ................................ ................................ ................... 10 A.3.2 Inspection ................................ ................................ ................................ ................................ .................... 10 A.3.3 Violation ................................ ................................ ................................ ................................ ....................... 10 A.3.4 Penalty ................................ ................................ ................................ ................................ ........................ 10 A.3.5 Enforcement of Siting Regulations ................................ ................................ ................................ .............. 11 PART B – GENERAL REG ULATIONS ................................ ................................ ..................... 11 B.1 USES, BUILDINGS AND STRUCTURES ................................ ................................ ................................ ............ 11 B.1.1 Permitted in Any Zone ................................ ................................ ................................ ................................ .. 11 B.1.2 Prohibited Uses and Buildings ................................ ................................ ................................ .................... 12 B .1.3 Use of Undersized Lots ................................ ................................ ................................ ............................... 13 B.1.4 Site - Specific Zones ................................ ................................ ................................ ................................ ..... 13 B.2 GENERAL SITING AND HEIGHT PROVISIONS ................................ ................................ ............................... 14 B.2.1 Special Setbacks and Elevations ................................ ................................ ................................ .................. 14 B.2.2 Measurement of Setbacks or Spatial Separations for Buildings and Structures ................................ .............. 14 B.2.3 Height ................................ ................................ ................................ ................................ ........................... 15 B.2.4 Fences ................................ ................................ ................................ ................................ .......................... 15 B.2.5 Pump/utility houses within Setback Areas ................................ ................................ ................................ ....... 15 B.2.6 Retaining Walls ................................ ................................ ................................ ................................ ........... 15 B.2.7 Landscape Screen ................................ ................................ ................................ ................................ ...... 15 B.2.8 Conflicting Use or Siting ................................ ................................ ................................ .............................. 16 B.2.9 Conflicting Use or Siting ................................ ................................ ................................ .............................. 16 B.2.10 Bulk Transportation Containers ................................ ................................ ................................ ................. 16 B.3 HOME OCCUPATIONS ................................ ................................ ................................ ................................ ...... 17 B.3.1 Home Occupations ................................ ................................ ................................ ................................ ...... 17 B.3.2 Permitted Home Occupations Uses ................................ ................................ ................................ ............ 17 B.3.3 General Provisions ................................ ................................ ................................ ................................ ...... 18 B.3.4 Home Industry Provisions ................................ ................................ ................................ ........................... 19 B.3.5 Employe es ................................ ................................ ................................ ................................ ................... 19 B.3.6 Bed and Breakfast ................................ ................................ ................................ ................................ ....... 19 B.4 SIGNS ................................ ................................ ................................ ................................ ................................ 20 B.4.1 . Number and Total Sign Area ................................ ................................ ................................ ..................... 20 B.4.2 Exempted Signs ................................ ................................ ................................ ................................ .......... 21 B.4.3 Temporary signs ................................ ................................ ................................ ................................ .......... 22 B.4.4 Home Occupation signs ................................ ................................ ................................ .............................. 22 B.4.5 Obsolete Signs & Derelict Signs ................................ ................................ ................................ ................. 22 B.4.6 Multi - Party Signs ................................ ................................ ................................ ................................ ......... 23 B.4.7 Third Party Signs ................................ ................................ ................................ ................................ ......... 23 B.4.8 Illuminated Signs ................................ ................................ ................................ ................................ ......... 23 B.5 PARKING ................................ ................................ ................................ ................................ ........................... 23 B.5.1 Minimum Number of Parking Spaces for Automobiles and Bicycles ................................ .............................. 23 B.5.2 Interpretation of Parking Requirements ................................ ................................ ................................ ....... 25 B.5.3 Dimensions and Area of Parking Spaces and Aisles ................................ ................................ ..................... 25 B.5.4 Location of Parking Spaces ................................ ................................ ................................ ........................... 26

Page 4

Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents Words shown in Italics are defined in Part G Page 4 B.5.5 Standards for Bicycle Parking Spaces ................................ ................................ ................................ ........ 26 B.6 MISCELLANEOUS ................................ ................................ ................................ ................................ ............ 27 B.6.1 Boarders ................................ ................................ ................................ ................................ ....................... 27 B.6.2 Limited Public Markets ................................ ................................ ................................ ................................ ... 27 B.6.3 Commercial Vacation Rentals ................................ ................................ ................................ ......................... 27 B.6.4 Use of Travel Trailers, Recrea tional Vehicles and Accessory Buildings ................................ ..................... 27 B.6.5 Storage of Unlicensed Vehicles ................................ ................................ ................................ .................. 28 B.6.6 Secondary Suite Regulations ................................ ................................ ................................ ...................... 28 PART C - ESTABLISHME NT OF ZONES ................................ ................................ ................. 29 C.1 DIVISION INTO ZONES ................................ ................................ ................................ ................................ ...... 29 C.1.1 Land Based Zones ................................ ................................ ................................ ................................ ...... 29 C.1.2 Water Based Zones ................................ ................................ ................................ ................................ ...... 29 C.2 OFFICIAL ZONING MAP ................................ ................................ ................................ ................................ ... 30 C.3 INTERPRETATION OF ZONE BOUNDARIES ................................ ................................ ................................ ... 30 PART D - ZONES ................................ ................................ ................................ ...................... 31 D.1 RESIDENTIAL ZONES ................................ ................................ ................................ ................................ ....... 31 D.1.1 Small Rural Residential (SRR) ................................ ................................ ................................ .................... 31 D.1.2 Large Rural Residential (LRR) ................................ ................................ ................................ .................... 32 D.1.3 Seniors and Specia l Needs (SSN) ................................ ................................ ................................ .............. 34 D.1.4 Multi - dwelling Affordable Housing 1 (MAH1) ................................ ................................ ............................... 35 D.2 RESOURCE ZONES ................................ ................................ ................................ ................................ .......... 37 D.2.1 Agriculture (AG) ................................ ................................ ................................ ................................ ........... 37 D.2.2 Forestry (F) ................................ ................................ ................................ ................................ .................. 39 D.2.3 Forestry/Wilderness Recreation 1(FWR1) ................................ ................................ ................................ .. 41 D.2.4 Resource (R) ................................ ................................ ................................ ................................ ............... 42 D.2.5 Resource Conservation (RC) ................................ ................................ ................................ ...................... 43 D.2.6 Resou rce Residential 1 (RR 1) ................................ ................................ ................................ .................... 43 D.2.6 (A) Resource Residential 2 (RR 2) ................................ ................................ ................................ .............. 45 D.2.7 Gravel Pit (GP) ................................ ................................ ................................ ................................ ............ 46 D.2.8 Gabriola Commons (GC) Comprehensive Development Zone ................................ ................................ ... 47 D.3 COMMERCIAL AND INDUSTRIAL ZONES ................................ ................................ ................................ ....... 49 D.3.1 Village Commercial 1 (VC1) ................................ ................................ ................................ ........................ 49 D.3.2 Village Commercial 2 – Professional Centre (VC2) ................................ ................................ .................... 50 D.3.3 District Commercial 1 ( DC1) ................................ ................................ ................................ ........................ 52 D.3.4 Local Commercial 1 – Neighbourhood Pubs (LC1) ................................ ................................ ..................... 53 D.3.5 Local Commercial 2 – Restaurants (LC2) ................................ ................................ ................................ .... 54 D.3.6 Local Commercial 3 - Garden Centres (LC3) ................................ ................................ ................................ 55 D.3.7 Ferry Parking (FP) ................................ ................................ ................................ ................................ ....... 57 D.3 .8 Tourist Commercial 1 (TC1) ................................ ................................ ................................ ........................ 58 D.3.9 Tourist Commercial 2 – Campground (TC2) ................................ ................................ ................................ . 59 D.3.10 Industrial – Light (I) ................................ ................................ ................................ ................................ ... 61 D.4 RECREATION AND INSTITUTIONAL ZONES ................................ ................................ ................................ ... 63 D.4.1 Parks 1 – Provincial and Regional Park (P1) ................................ ................................ ................................ 63 D.4.2 Parks 2 – Passive Recreation Community Parks (P2) ................................ ................................ ................ 64 D.4.3 Parks 3 – Active Recreation Community Park (P3) ................................ ................................ ..................... 65 D.4.4 Institutional 1 (IN1) ................................ ................................ ................................ ................................ ...... 65 D.4.5 Institutional 2 (IN2) ................................ ................................ ................................ ................................ ...... 67 D.4.6 Institutional 3 (IN3) ................................ ................................ ................................ ................................ ...... 68 D.4.7 Institutional 4 (IN4) ................................ ................................ ................................ ................................ ...... 70 D.4.8 Yacht Club Outstation - Upland (YC) ................................ ................................ ................................ ............. 71 D.5 WATER ZONES ................................ ................................ ................................ ................................ .................. 73 D.5.1 Water General (WG) ................................ ................................ ................................ ................................ ... 73 D.5.2 Water Commercial 1 - Marina (WC1) ................................ ................................ ................................ .......... 74 D.5.3 Water Commercial 2 - Mariculture (WC2) ................................ ................................ ................................ ... 75 D.5.4 Water Commercial 3 - Marine Transportation (WC3) ................................ ................................ .................. 75 D.5.5 Water I ndustrial 1 - Shipyard (WI1) ................................ ................................ ................................ ............. 76 D.5.6 Water Industrial 2 - Log Storage (WI2) ................................ ................................ ................................ ....... 77

Page 5

Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents Words shown in Italics are defined in Part G Page 5 D.5.7 Water Industrial 3 – Bulk Material Transpo rt (WI3) ................................ ................................ ..................... 77 D.5.8 Water Protection 1 (WP1) ................................ ................................ ................................ ........................... 78 D.5.9 Water Protection 2 - Park (WP2) ................................ ................................ ................................ ................. 79 D.5.10 Water Protection 3 - Lake (WP3) ................................ ................................ ................................ .............. 80 D.5.11 Water Yacht Club Outstation (WYC) ................................ ................................ ................................ ............ 80 PART E - SUBDIVISIO N ................................ ................................ ................................ ........... 82 E.1 GENERAL ................................ ................................ ................................ ................................ .......................... 82 E.1.1 Compliance with Zoning and the Minimum and Average Lot Area ................................ .............................. 82 E.1.2 Average Lot Areas ................................ ................................ ................................ ................................ ....... 83 E.1.3 Covenant Against Further Subdivision and Development ................................ ................................ ........... 83 E.1.4 Lots Div ided By Zone Boundary ................................ ................................ ................................ ................... 84 E.1.5 Exceptions ................................ ................................ ................................ ................................ ................... 84 E.1.6 Lot Configuration Regulations ................................ ................................ ................................ ..................... 85 E.1.7 Disposal of Sewage ................................ ................................ ................................ ................................ ..... 85 E.1.8 Water Supply ................................ ................................ ................................ ................................ ............... 86 E.1.9 Drainage Requirements ................................ ................................ ................................ ............................... 86 PART F – DEVELOPMENT PERMIT AREA GUIDELI NES ................................ ...................... 87 F.1 DP - 1 T HE T UNNEL ................................ ................................ ................................ ................................ ................ 87 F.1.1 Applicability ................................ ................................ ................................ ................................ .................. 87 F.1.2 Guidelines ................................ ................................ ................................ ................................ .................... 87 F.2 DP - 2 L OCK B AY A REA ................................ ................................ ................................ ................................ .......... 88 F.2.1 Applicabil ity ................................ ................................ ................................ ................................ .................. 88 F.2.2 Guidelines ................................ ................................ ................................ ................................ .................... 88 F.3 DP - 3 R IPARIAN A REAS ................................ ................................ ................................ ................................ .......... 89 F.3.1 Defi nitions ................................ ................................ ................................ ................................ .................... 89 F.3.2 Applicability ................................ ................................ ................................ ................................ .................. 89 F.3.3 Exemptions ................................ ................................ ................................ ................................ .................. 90 F.3.4 Guid elines ................................ ................................ ................................ ................................ .................... 91 F.4 DP - 4 F LAT T OPS I SLANDS A REA ................................ ................................ ................................ ............................ 92 F.4.1 Applicability ................................ ................................ ................................ ................................ .................. 92 F.4.2 Guidelines ................................ ................................ ................................ ................................ .................... 92 F.5 DP - 5 G ABRIOLA P ASS A REA ................................ ................................ ................................ ................................ . 92 F.5.1 Applicability ................................ ................................ ................................ ................................ .................. 92 F.5.2 Guidelines ................................ ................................ ................................ ................................ .................... 93 F.6 DP - 6 E SCARPMENT A REAS ................................ ................................ ................................ ................................ .... 93 F.6.1 Applicability ................................ ................................ ................................ ................................ .................. 93 F.6.2 Exemptions ................................ ................................ ................................ ................................ .................. 93 F.6.3 Guidelines ................................ ................................ ................................ ................................ .................... 93 F.7 DP - 7 T HE V ILLAGE C ENTRE ................................ ................................ ................................ ................................ ... 94 F.7.1 Applicability ................................ ................................ ................................ ................................ .................. 94 F.7.2 Exemptions ................................ ................................ ................................ ................................ .................. 94 F.7.3 Guidelines ................................ ................................ ................................ ................................ .................... 94 F.8 DP - 8 M ULTI - DWELLING A FFORDABLE H OUSING ................................ ................................ ................................ ....... 95 F.8.1 Applicability ................................ ................................ ................................ ................................ .................. 95 F.8.2 Exemptions ................................ ................................ ................................ ................................ .................. 95 F.8.3 Guidelines ................................ ................................ ................................ ................................ .................... 95 F.9 DP - 9 L IGHT I NDUSTRIAL U SE ................................ ................................ ................................ ................................ . 96 F.9.1 Applicability ................................ ................................ ................................ ................................ .................. 96 F.9.2 Guidelines ................................ ................................ ................................ ................................ .................... 96 PART G - DEFINITIONS ................................ ................................ ................................ ......... 100 G.1 DEFINITIONS ................................ ................................ ................................ ................................ .................. 100 L IST OF T ABLES Table 1: Sign Regulations ................................ ................................ ................................ ................................ ............ 20

Page 6

Gabriola Island Land Use Bylaw No. 177 - Schedule A Table of Contents Words shown in Italics are defined in Part G Page 6 Table 2: Parking Requirements ................................ ................................ ................................ ................................ ... 23

Page 7

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 7 GABRIOLA ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 177 *************************************************************************************************************** ********************* A BYLAW TO ADOPT A LAND USE BYLAW FOR THE GABRIOLA ISLAND PORTION OF THE GABRIOLA ISLAND LOCAL TRUST AREA AND ALTER THE AREA OF APPLICATION FOR THE GABRIOLA ISLAND ZONING AND SUBDIVISION BYLAWS ************************************************************************************************* ************** ********************* The Gabriola Island Local Trust Committee, being the Local Trust Committee having jurisdiction on and in respect of the Gabriola Island Local Trust Area pursuant to the Islands Trust Act, enacts as follows: A. CITATION Gabriola Island Local Trust Committee Bylaw No. 177 shall be cited as the “Gabriola Island Land Use Bylaw, 1999”. B. APPLICATION WITHIN THE GABRIOLA ISLAND LOCAL TRUST AREA : 1) Gabriola Island Local Trust Committee Bylaw No. 177 Schedules “A” – Land Use Regulations, “B” – Zoning Map, and “C” – Specific Sites, attached to and forming part of Gabriola Island Local Trust Committee Bylaw No. 177, are adopted as the Land Use Bylaw for Gabriola, Lily, Carlos, Vance, Gaviola, Acorn, Tugboat, Sear, Bath, Satu rnina, and Breakwater Islands and all other islands and islets, rocks, reefs, the seabed, and sea surface plus any other water surface area and all air spaces within that part of the Gabriola Island Local Trust Area, excepting Indian Reserve Areas, as show n lying within the line designated as the “Outer boundary of Bylaw 177” on Schedule B”. 2) Gabriola Island Trust Committee Bylaw No. 7 Gabriola Island Trust Committee Bylaw No. 7, cited as “Gabriola Island Planning Area Zoning Bylaw, 1980” is amended to al ter its area of application by deleting the Subsection 3.1 A. heading and text and replacing them with the following: “A Application within the Gabriola Island Local Trust Area This Bylaw applies to that portion of the Gabriola Island Local Trust Area s hown on Schedule “A”, excepting areas to which Gabriola Island Local Trust Committee Bylaw No. 177 (Gabriola Island Land Use Bylaw, 1999) applies and excepting areas within Indian Reserves. Without limiting the foregoing, this includes Mudge, Round, and L ink Islands and the areas seaward of the shoreline encompassing them and all other islands, islets, rocks reefs, the seabed, and sea surface, plus any other water surface areas and all air spaces within the boundary shown in Schedule “A”.” 3) Gabriola Isl and Trust Committee Bylaw No. 8 Gabriola Island Trust Committee Bylaw No. 8, cited as “Gabriola Island Subdivision Control Bylaw, 1980” is amended to alter its area of application by deleting the Subsection 1.2 text and replacing it with the following: “ 2.This Bylaw applies to that portion of the Gabriola Island Local Trust Area shown on Schedule “A” of Gabriola Planning Area Zoning Bylaw, 1980, excepting areas to which Gabriola Island Local Trust Committee Bylaw No. 177 (Gabriola Island Land Use Bylaw, 1 999) applies and excepting areas within Indian Reserves. Without limiting the foregoing, this includes Mudge, Round, and Link Islands and the areas seaward of the shoreline encompassing them and all other islands, islets, rocks reefs, the seabed, and sea surface, plus any other water surface areas and all air spaces within the boundary shown in Schedule “A” of Gabriola Planning Area Zoning Bylaw, 1980.”

Page 8

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 8 C. READINGS READ A FIRST TIME THIS 3 rd DAY OF September 19 99 PUBLIC HEARING HELD THIS 16 th DAY OF October 19 99 READ A SECOND TIME THIS 18 th DAY OF October 19 99 READ A THIRD TIME THIS 18 th DAY OF October 19 99 APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 20 th DAY OF October 1 9 99 ADOPTED THIS 22 nd DAY OF November 19 99 SECRETARY CHAIRPERSON

Page 9

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 9 Part A - ADMINISTRATIVE PROVISIONS A.1 JURISDICTION A.1.1 Application A.1.1.1 This Bylaw applies to that portion of the Gabriola Island Local Trust Area shown on S chedule “B”, excepting areas within Indian Reserves. Without limiting the foregoing, this includes Gabriola Island and the areas seaward of its shoreline encompassing all other islands, islets rocks, reefs, the seabed, and sea surface, plus any other wate r surface areas and all air spaces within the boundary shown in Schedule “B”. A.2 INTERPRETATION A.2.1 Referencing System A.2.1.1 The referencing system used in this Bylaw is:  A Part  A.1 Section  A.1.1 Subsection  A.1.1.1 Article  a Clause  i Item A.2.2 Definitions A.2.2.1 Words an d phrases in Italics are defined in Part G of this Bylaw. Definitions of words set out in sections 5 and 872 of the “Municipal Act” and Section 29 of the “Interpretation Act” also apply to this Bylaw. A.2.3 Units of Measure A.2.3.1 Metric measurements are used in thi s Bylaw. Imperial equivalents provided a re approximate and for convenience only. A.2.4 Severability A.2.4.1 If any provision of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision does not affect the va lidity of the remaining portions of this Bylaw. BL187

Page 10

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 10 A.2.5 Covenants A.2.5.1 Where under this Bylaw an owner of land is required or authorised to grant any covenant or statutory right of way, the covenant or statutory right of way must be granted to the Gabriola Island Local Trust Committee in priority to all financial charges and delivered in registerable form satisfactory to the Gabriola Island Local Trust Committee prior to the granting of any approval or authorisation in respect of which the covenant or statutory rig ht of way is required. The covenant must indemnify the Gabriola Island Local Trust Committee in respect of any fees or expenses it may incur as a result of a breac h of the covenant by the covenan tor. A.3 COMPLIANCE A.3.1 Conformity A.3.1.1 No person may use or occupy or permit any land, water surface, building or structure to be used or occupied, or subdivide any land, except as permitted by this Bylaw. A.3.1.2 No person may construct, reconstruct, place, alter, extend or maintain any building, structure or sign except as permi tted by this Bylaw. A.3.1.3 Nothing contained in this Bylaw relieves any person from the responsibility to comply with other legislation applicable to their use of land, buildings or structures. A.3.1.4 Any existing lot that is less than the minimum lot area specifi ed in the applicable zone for the creation of new lots by subdivision may be used for any use permitted in that zone unless otherwise specified in this Bylaw. A.3.1.5 No lot or area may be subdivided, no building, structure or land may be used, and no building or structure may be sited in a manner which renders any existing use, building or structure illegal or non - conforming A.3.2 Inspection A.3.2.1 The Islands Trust Bylaw Enforcement Officer or any other person designated by the Islands Trust to administer this Bylaw is authorized to enter, at any reasonable time, upon any property that is subject to regulation under this Bylaw, for the purpose of inspecting and determining whether the regulations, prohibitions and requirements are being met. A.3.2.2 Enforcement A.3.3 Violation A.3.3.1 Any person who does any act or thing or permits any act or thing to be done in contravention of the provisions of this Bylaw, or who neglects to do or refrains from doing any act or thing which is required to be done by any of the provisions of this Bylaw is deemed to have committed an offence under this Bylaw. A.3.4 Penalty A.3.4.1 Any person who commits an offence against this Bylaw is liable, upon summary conviction, to a fine and penalty as provided in the Offence Act and the costs of prosecution. Each day during wh ich an offence against this Bylaw is continued is deemed to constitute a new and separate offence. BL 2 79 BL 279 BL 2 79 BL 2 79

Page 11

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 11 A.3.5 Enforcement of Siting Regulations A.3.5.1 Every applicant for a development permit or a development variance permit must provide a plan signed by a B.C. Land Su rveyor showing the location on the lot of all existing and proposed buildings, structures and sewage absorption fields in relation to lot and zone boundaries, watercourses, wells and the sea, and in relation to other buildings on the lot, unless the Local Trust Committee determines that the provision of such a plan is not reasonably necessary to establish whether the proposed buildings, structures and sewage absorption fields comply with the siting requirements of this or any other Bylaw. Part B – GENERAL REGULAT IONS B.1 USES, BUILDINGS AND STRUCTURES B.1.1 Permitted in Any Zone B.1.1.1 Uses a. The following uses are permitted in any zone in Part D of this Bylaw: i public parks; ii public utilities , except in public parks and ecological reser ves; and iii ecological reserves. b. The following use is permitted in any zone in Part D of this Bylaw, except Section D.5 WATER ZONE S an d in public parks and ecological reserves: i community care facility, as regulated by th e “Community Care Facility Act” c. The following use is permitted in any zone in Part D of this Bylaw, except Section D.1.3 Seniors and Special Needs, D.2.7 Gravel Pit, D.3.7 Ferry Parking, D.3.10, Industrial, Section D.4.7 Institutional 4, and D.5 Water zones , i home school, on lots of 1.0 hectare (2.47 acres) or larger. B.1.1.2 Buildings and Structures a. The following buildings and structures are permitted in any zone in Part D of this Bylaw: i signs subject to Section B.4 . b. The following buildings and structures are permitted in any zone in Part D of this Byl aw, except in Section D.5 WATER ZONE S : i fences subject to Subsection B.2.4 ; ii pump/utility houses , subject to Subsection B.2.5 ; iii retaining walls, subject to Subsection B.2.6 ; iv buildings and structures to accommodate public utilities serving the Gabriola Island v Trust Committee Area except in public parks and ecological reserves; and vi buildings and structures to accommodate community care facilities, except in public parks and ecological reserves c. The following buildings and structures are permitted in any zone in Part D of this Bylaw: i buildings and access ory structures to accommodate home sch ool use referenced in Clause B.1.1.1.c; where home school use occurs in zones other than I nstitutional 1, those buildings and structures are considered accessory to all dwellings. BL 261 BL 199 BL 199 BL 2 79 BL 2 79

Page 12

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 12 B.1.2 Prohibited Uses and Buildings B.1.2.1 Prohib ited Uses The following uses are prohibited in any zone in Part D of this Bylaw: a. use of a secondary building or structure , other than an secondary suite or accessory single family dwelling , for human habitation, including cooking and/or overnight accommodation , except as permitted in Article B.6.4.1 ; b. rental of personal water craft; c. disposal of sewage and waste originating outside of the area of application for this By law; d. use of a building or structure sited within a water area or a vessel anchored, moored, or docked within a water area as a residence, except as permitted in the Water Commercial 1 (WC1) Zone; e. use of land, buildings and structures for casinos, of f - track betting or other gaming activities excep t for social occasion casinos or free - standing bingos as permitted in the relevant zone ; f. use of land for the wrecking or storage of derelict vehicles or the operation of a junkyard or garbage dump ; g. us e of land, buildings or structures for the purpose of providing dire ct service to customers in their vehicles in a drive - through arrangement; and h . use of land, buildings or structures for game farming where animals are hunted in confined areas for sport . i use of land, buildings or structures to manufacture or research genetically engineered seeds, plants or animals. j. cannabis production except as permitted on land within the Agricultural Land Reserve and Agricultural Zone. B.1.2.2 Prohibited Buildings and Structures – Water Zones The following buildings and structures are prohibited in any zone in Section D.5 WATER ZONE S of this Bylaw, excepting Subsection D.5.5 Water Industrial 1 - Shipyard (WI1) : a. Boathouses; and b. Buildings and structures used for the storage or shelter of boats or seaplanes. B.1.2.3 Additional Buildings a. The construction, placeme nt, or use of more than one dwelling unit on a lot is prohibited, unless specifically permitted in the zone. b . Only one building accessory to all permitted dwelling units on a lot is p ermitted to contain a bathroom, and areas, equipment or infrastructure designed, used or intended to be used for the preparation and cooking of food. BL 250 BL 250 BL 187 BL 275 BL 293 June/2018 BL 293 June/2018 BL 303 OCT/2021

Page 13

Gabriola Island Land Use Bylaw No. 177 - Schedule A Uses, Buildings and Structures Words shown in Italics are defined in Part G Page 13 B.1.3 Use of Undersized Lots B.1.3.1 Where a lot exists prior to the effective date of this Bylaw, and the area of such a lot does not conform to the minimum lot area established in any by law of the Gabriola Island Trust Committee relating to subdivision control, such a lot may be used for any of the uses permitted in the zone in which the lot is situated, subject to all of the other regulations for the zone and provided the provisions of t he Health Act and attendant Regulations have been met. B.1.4 Site - Specific Zones B.1.4.1 The Multi - dwelling Affordable Housing 1 (MAH1) zone is only applicable to the following lots: a. LOT 1, SECTION 19, GABRIOLA ISLAND, NANAIMO DISTRICT, PLAN EPP11544 (PID 028 - 580 - 095); and b . LOT 2, SECTION 19, GABRIOLA ISLAND, NANAIMO DISTRICT, PLAN EPP11544 (PID 028 - 580 - 109). BL 307 OCT /2022 BL 293 JUN/2018

Page 14

Gabriola Island Land Use Bylaw No. 177 - Schedule A General Siting Requirements Words shown in Italics are defined in Part G Page 14 B.2 GENERAL SITING AND HEIGHT PROVISIONS B.2.1 Special Setbacks and Elevations B.2.1.1 Setbacks and Elevations from Watercourses and the Sea a. Despite all other s iting references in this Bylaw excepting B.2.1.4c , third party signs, fences, pump/utility houses, retaining walls , ground level decks , structures and b uildings , excepting boathouses , must be sited a minimum of 7.5 metres (24.6 feet) from and 1.5 metres (4 .9 feet) above the natural boundary of the sea and a minimum of 15 metres (49.2 feet) from and 1.5 metres (4.9 feet) above the natural boundary of any lake, stream, or wetland. Where the frontage on the sea is not adequately protected from erosion by natu ral bedrock or works as certified by a professional engineer, buildings and structures must be sited a minimum of 15 metres (49.2 feet) from and 1.5 metres (4.9 feet) above the natural boundary of the sea. b. A septic sewage disposal field must be sited a mi nimum of 30 metres (98.4 feet) from the natural boundary of the sea, lake, stream or wetland. c. elevation requirements in B.2.2.1.a. are measured to the underside of the floor of any wooden floor system or top of a slab or pad of any habitable area . B.2.1.2 Add itional Setbacks from Bluffs and Ridges a. No building may be sited less than 7.5 metres (24.6 feet) from the top edge of a bluff or ridge in “Development Permit Area No. 6: Escarpment Areas”, as delineated in the Gabriola Island Official Community Plan (Gab riola Island) Bylaw No. 166, 1997. B.2.1.3 Setbacks and Screening from Nesting Trees a. A protective screen of natural vegetation must be retained within a 7.5 metres (24.6 feet) radius of the trunk of a tree bearing nests of herons, eagles, ospreys, vultures, fal cons, hawks and owls. B.2.1.4 Setbacks from Zone Boundaries a. The minimum setback from a zone boundary for buildings and structures is 1.5 metres (4.9 feet). b. Where a zone boundary and lot line boundary coincide, the lot line setback prevails. c. When the natural boundary of the sea and a lot line coincide, the following structures, with an average maximum elevated floor height of 0.3 m and a maximum width of 1.0 m , may be located within that setback area: i. walkways; and ii. stairs. B.2.2 Measurement of Setbacks or Spatial Separations for Buildings and Structures B.2.2.1 All building and structure setbacks and spatial separation requirements must be measured on the horizontal plane from the exterior finished facade of the building or structure to the natural boundary , lot l ine or other point specified in this Bylaw. B.2.2.2 The following features may project into the setback areas: a. steps, roof overhangs including eaves or gutters, cornices, sills, bay windows collectively not comprising more than 50 percent of the length of wall measured from corner to corner, balconies, awnings, and chimneys provided they do not project more BL 250 BL 250 BL 250 BL 187 BL 200 BL 187 BL 2 79 BL 2 78

Page 15

Gabriola Island Land Use Bylaw No. 177 - Schedule A General Siting Requirements Words shown in Italics are defined in Part G Page 15 than 1.0 metre (3.3 feet) into the required setback area or in the case of a setback area requirement less than 3.0 metres (9.9 feet), not more than 0.5 metr e (1.7 feet); B.2.3 Height B.2.3.1 The height restrictions for permitted buildings and structures specified in this Bylaw may be exceeded for radio and television antennas, electrical service masts, chimneys, flag poles, lighting poles, lightning rods, boat launchin g cranes, farm silos, water towers, church spires and steeples, firehall hose towers and electrical transmission towers. B.2.3.2 Unless specified in this Bylaw elsewhere, the maximum height of buildings and structures are: a. 9.0 metres (29.5 feet) for dwellings; b. 7.0 metres (23.0 feet) on lots 0.4 hectares (1 acre) or less for buildings and structures accessory to dwelling units ; c. 9.0 metres (29.5 feet) on lots greater than 0.4 hectares (1 acre) for buildings and structures accessory to dwelling units ; and, d. 12. 0 metres (39.4 feet) for buildings used exclusively for forestry and agriculture . e. 15.0 metres (49 feet) for buildings used exclusively for cannabis production. B.2.4 Fences B.2.4.1 Within 2.0 metres (6.6 feet) of any lot line , the height of fences may not exceed 2.0 metres (6.6 feet) and, elsewhere, the height of fences may not exceed 3.5 metres (11.5 feet). B.2.4.2 Despite all other fence siting references in this Bylaw, the following shall prevail: except for masonry or stone walls, freestanding fences more than 0.23 m etres (9 inches) in width are not permitted within setback areas. B.2.5 Pump/utility houses within Setback Areas B.2.5.1 Within setback areas: a. The maximum floor area of a pump/utility house is 10.0 square metres (107.6 square feet); and b. The maximum height of a pump/ utility house is 3.0 metres (9.8 feet). B.2.6 Retaining Walls B.2.6.1 Within setback areas: a. the maximum height on the outer face of a retaining wall at any given point is 3.0 metres (9.8 feet). B.2.7 Landscape Screen B.2.7.1 Where a landscape screen is required by this Bylaw, it must be provided in the form of: a. existing vegetation of the required height that provides a continuous, permanent visual screen between the uses being separated; or b. a row of drought - tolerant evergreen plants that, at maturity, will attain the required height and provide a continuous, permanent visual screen between the uses being separated; and c. the landscape screen specified in articles B.2.7.1a and B.2.7.1b must be unb roken except for access drives or walks. BL 250 BL 250 BL 250 BL 280 09/08 BL 303 OCT/2021

Page 16

Gabriola Island Land Use Bylaw No. 177 - Schedule A General Siting Requirements Words shown in Italics are defined in Part G Page 16 B.2.8 Conflicting Use or Siting B.2.8.1 No building or structure may be sited in a manner that renders an existing use, building or structure non - conforming with respect to a siting or density provision of this Bylaw. B.2.9 Confli cting Use or Siting Despite all other siting references in this Bylaw, the following shall prevail: On a corner lot within the triangular space formed by the highway lines and the line joining the points on the highway lines six metres from the point of intersection of the highway lines or the centre point that forms a curve, no landscape screen, landscaping, fences, building or structure shall be planted or erected to a height greater than one metre above the established grade of the highway . B.2.10 Bulk Trans portation Containers B.2.10.1 Bulk transportation containers, such as shipping containers and truck transportation trailers are not permitted unless completely blocked from view by a landscape screen, such that the building can not be viewed from neighbou ring properties, roads or the sea. BL 250 BL 212

Page 17

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 17 B.3 HOME OCCUPATIONS B.3.1 Home Occupations B.3.1.1 Home occupation uses must be carried out by at least one permanent resident of the premises in which the home occupation is located; B.3.1.2 A permanent resident of the premises where t he home occupation is located must be the principal worker and operator of the home occupation. B.3.2 Permitted Home Occupations Uses B.3.2.1 The following uses and no others are permitted as home occupations: a. Bed and Breakfast; b. Personal service, and limited associate d product sales provided that not more than 5 square metres (53.8 square feet) of floor area is used for the storage and display of such products not produced on the same lot; c. Construction and repair of electronic equipment, instruments, furniture, bicycle s, engines and mechanical parts, small appliances and machinery, and apparel; d. Business and professional offices; e. Child care, with a maximum of 12 children on the lot at any given time; f. Cabinet making, upholstering, picture framing, and related repairing; g. C atering and food preparation for delivery elsewhere, with delivery occurring between the hours of 8 a.m. and 6 p.m.; h. Animal training and grooming, not including kennels; i. Veterinary clinic on lots larger than 2.0 ha (4.94 acres); j. Non - motorized personal wate r craft rentals and bicycle rentals; k. Instructional classes in personal skills such as art, music, exercise or sport with a maximum of 12 students on the lot at any given time; l. Sale and production of art and craft goods produced or processed on the lot, for clarity this excludes the sale of water; m. Sale of art and crafts not produced or processed on the lot is permitted in a studio or gallery, provided that not more than 9.3 square metres (100 square feet) of floor area may be used for the storage and display of such art and crafts that have not been produced on the same lot; n. Sale of all other goods not produced or processed on the lot is permitted through a sales distributorship, provided persons employed in the home occupation carry out all distribution of s uch products off site; o. Small scale wood working, shed construction and boat building, which does not involve or require the use of cranes or other heavy equipment; p. Live theatre, on Lot 5, Plan 29233 , Section 6, Gabriola Island, Nanaimo District [ Theatre C entre ] ; and, q. Home industry. B.3.2.2 . Despite Article B.3.2.1, the following home uses and no other are permitted in the Multi - dwelling Affordable Housing 1 (MAH1) zone: a. Business and professional offices that receive no clients or visitors to the lot ; BL 226 BL 307 OCT /2022

Page 18

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 18 b. Catering a nd food preparation for sale elsewhere or delivery, with delivery occurring between the hours of 8 a.m. and 6 p.m.; c. Production of art and craft goods for sale elsewhere, provided no open flame is required in making the art or craft goods and no toxic fumes are produced during their creation. B.3.3 General Provisions B.3.3.1 . Despite the uses permitted in Article B.3.2.1, or any other provision in this Bylaw, the following must be complied with for a home occupation to be permitted: a. Home occupations must be accessory to the residential use of the property; b. Home occupations except in the Multi - dwelling Affordable Housing 1 (MAH1) zone, must be entirely enclosed within a building , providing the combined total floor area for home occupation uses on a lot do not exceed 9 5 square metres (1,023 square feet), except on lots greater than 2.0 hectares (4.95 acres), where the total combined floor area of home occupation uses may not exceed 150 square metres (1,615 square feet) , c. There must be no exterior indication of the existe nce of a home occupation, either by stored materials, displays, lighting or by any other variation from the customary residential character of the lot, dwelling unit, or accessory building, with the exception of signs permitted by this Bylaw; d. No home occup ations may produce vibration, smoke, dust, odour, litter, electrical interference, fire hazard, effluent or glare detectable outside the boundaries of the lot; e. No home occupation may create or permit noise which disturbs persons, or is clearly audible, off the lot on which the home occupation is conducted ; f. No home occupation may result in contamination of any soil or surface water by solvents, glues, chemicals or other substances deleterious to human and environmental health and safety; g. Any paved areas used for vehicle, engine, equipment, appliance and vessel construction or repairs must have appropriate and maintained drainage and catchment mechanisms, such as oil - water separators. Any unpaved areas used for vehicle, engine, equipment, appliance and vessel construction or repairs must be protected by an impervious barrier or container to prevent any spill onto or contamination of the unpaved area. h. On site parking must be: (i) provided for all home occupations in accordance with Section B.5 of this Bylaw; (ii ) located on the lot where the home occupation is located; and (iii) visually buffered from neighbouring properties and the road; i. Signage is permitted for all home occupations in accordance with Section B.4 of this Bylaw , except for those home occupation uses that occur on a lot within the Multi - dwelling Affordable Housing 1 (MAH1) zone, and then no signage is permitted. ; j. Child care home occupations may use outdoor space for play areas, provided that the maximum combined areas of all home occupations on th e lot are in accordance with Clause B.3.3.1.b.; k. Kilns are permitted outside of a building; and l. Despite B.3.3.1.b. and c., agricultural, horticultural, arts and crafts products may be sold in a produce stand permitted in the zone . m. In the Multi - dwelling Af fordable Housing 1 (MAH1) zone, the total floor area for home occupation use must not exceed 30% of the total floor area of the dwelling unit in which the home occupation occurs. BL 293 OCT /2018 BL 307 OCT /2022 BL 307 OCT /2022 BL 307 OCT /2022 BL 307 OCT /2022

Page 19

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 19 B.3.4 Home Industry Provisions B.3.4.1 The following uses and no others are permitted as home industry uses: a. Construction and repair of heavy equipment, boats, trailers or the body of a vehicle, including the outside parking or storage of no more than a total of two pieces of heavy equipment, boats, trailers or vehicles that are being, or wait ing to be, or have been constructed or repaired; b. Contractor yards and related outdoor storage of equipment and materials, including the parking of a maximum of two vehicles used in the home industry; and c. Water distribution, including associated equipment and storage. B.3.4.2 In addition to B.3.3, the following provisions must be complied with for a home industry to be permitted: a. Lot sizes must be greater than 2.0 ha (4.94 acre) in area; b. Home industry equipment and storage areas must be visually buffered from nei ghbouring properties and the road; c. The combined areas of all home occupations on a lot must be in accordance with the maximum size provisions Clause B.3.3.1.b.; d. Home industries shall only operate from 8:00 am to 8:00 pm Monday to Saturday inclusive; and e. Home industry areas and activities must be a minimum of 30 metres (98.4 feet) from any lot line. B.3.5 Employees B.3.5.1 In addition to residents participating in the home occupation, on lots: a. less than 2.0 hectares (4.94 acres), a maximum of two people employed or ot herwise engaged in the home occupation at any given time are permitted per lot; and b. 2.0 hectares (4.94 acres) or larger, a maximum of four people employed or otherwise engaged in the home occupation at any given time are permitted per lot. B.3.5.2 Despite Articl e B.3.5.1, in the Multi - dwelling Affordable Housing 1 (MAH1) zone, home occupations must be operated solely by residents of the dwelling unit in which the home occupation occurs. B.3.6 Bed and Breakfast B.3.6.1 . The following additional regulations apply to bed and b reakfast home occupations: a. On lots: i less than 0.5 hectares (1.24 acres), a maximum number of two bedrooms may be used for bed and breakfast accommodation; ii 0.5 hectares (1.24 acres) or greater, but less than 2.0 hectares (4.94 acres), a maximum num ber of three bedrooms may be used for bed and breakfast accommodation; and iii 2.0 hectares (4.94 acres) or greater, a maximum number of four bedrooms may be used for bed and breakfast accommodation;

Page 20

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 20 b. Where boarding in a dwelling unit is provided, the numbe r of bedrooms permitted for temporary overnight accommodation, including bed and breakfast use, must be reduced by one for every bedroom used for boarding; c. The bed and breakfast use must be in the principal single family dwelling and not in any accessory b uilding; d. Breakfast is to be the only meal served; e. No additional set of cooking facilities may be provided for the bed and breakfast use.” Information Note: Home occupation use of residential buildings may also be regulated through fire, safety, and buildin g code provisions, and Provincial health and tax regulations. Residents conducting home occupations are responsible for those facilities used and for compliance with relevant codes. B.4 SIGNS B.4.1 . Number a nd Total Sign Area BL 187 BL 226 B.4.1.1 Every sign , exceptin g those exempted in Subsection B.4.2, must comply with the provisions in Table 1. Table 1: Sign Regulations Column I Column 2 Column 3 Zone Maximum Number of Signs Permitted Maximum Total Sign Area Permitted Residential Zones MAH1 2 per lot 4.0 sq.m (4 3.0 sq.ft) per lot SRR, LRR No maximum number 1.5 sq.m (16.1 sq.ft) per lot SSN 2 per lot 4.0 sq.m (43.0 sq.ft) per lot Resource Zones AG, F, FWR1, GP, R, RC, RR1 No maximum number 1.5 sq.m (16.1 sq.ft) per lot GC No maximum number 4.0 sq.m (43.0 sq.f t) per lot Commercial and Industrial Zones VC1, VC2, DC1 2 per business 4.0 sq.m (43.0 sq.ft) per business LC1, LC2, LC3, FP 2 per business 4.0 sq.m (43.0 sq.ft) per business TC1, TC2 2 per lot 4.0 sq.m (43.0 sq.ft) per lot I 2 per business 4.0 sq.m ( 43.0 sq.ft) per business Recreation and Institutional Zones IN1, IN2, IN3, IN4, YC 2 per lot 4.0 sq.m (43.0 sq.ft) per lot P1, P2, P3 No maximum number No maximum sign area Water Zones WP1, WP2, WP3 No maximum number No maximum sign area WC1, WC2, WC 3, WC4, WI1, WI2, WI3, WYC 2 per water lot or lease 4.0 sq.m (43.0 sq.ft) per water lot or lease WG 1 per adjacent upland lot 1.5 sq.m (16.1 sq.ft) per sign Information Note: All signs located on a public highway, access road, or road right - of - way are w ithin the jurisdiction of the Ministry of Transportation and Infrastructure (MOTI), and therefore must first obtain the permission of MOTI. MOTI does not grant permission for signs if they interfere with other signs, pedestrians, cyclists, or motorists’ ab ility to see or navigate such roadways. BL291 BL 307 OCT /20 22

Page 21

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 21 B.4.2 Exempted Signs B.4.2.1 Signs exempted from the provisions of this section are: a. signs sited and maintained by government agencies, including signs for public safety or traffic; and b. commemorative, historical, and interpreti ve signs in the P1, P2, and P3 zones.

Page 22

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 22 B.4.3 Temporary signs B.4.3.1 Notwithstanding B.4.1.1, r eal estate signs may be temporarily displayed in any zone except water zones , subject to: a. A maximum of two signs per lot, not exceeding a total of 1.1 square metres (12.0 square feet) in sign area; b. the sign being located on the same lot as where the sale is occurring; and c. the sign being removed within two weeks of sale. B.4.3.2 Notwithstanding B.4.1.1, temporary s igns advertising a community event that is open to the public, or an educational course may be displayed in any zone , subject to: a. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; b. despite clause a. above, banners must not exceed 4.0 square metres (43.0 square feet) in sign area; c. the sign being displayed for a maximum of three weeks prior to the event; and d. the sign being removed within 72 hours of the conclusion of the event. B.4.3.3 Notwithstanding B.4.1.1, temporary directional signs for the purpose of directing traffic to a home occupation may be di splayed only in a residential or resource zone , subject to: a. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; and b. the sign must not be displayed for more than 12 consecutive hours. B.4.3.4 Notwithstanding B.4.1.1, temporary directional si gns for the purpose of directing traffic to an institution or business (other than a home occupation) may be displayed in any zone , subject to: a. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; b. the sign must not be displayed for mor e than 12 consecutive hours; and c. the sign must be located, erected, or displayed on the same lot as where the business or institutional use is occurring. B.4.4 Home Occupation signs B.4.4.1 Notwithstanding B.4.1.1, home occupation signs are permitted, subject to : a. a m aximum of one sign per lot; b. the sign not exceeding 0.55 square metres (6.0 square feet) in sign area; and c. the sign must be located on the same lot in which the home occupation is occurring. B.4.5 Obsolete Signs & Derelict Signs B.4.5.1 Obsolete signs and derelict sig ns must be removed within thirty days after the sign becomes obsolete or derelict . B.4.5.2 Obsolete signs and derelict signs may be removed at the discretion of the Gabriola Island Local Trust Committee.

Page 23

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 23 B.4.6 Multi - Party Signs B.4.6.1 Notwithstanding B.4.1.1 , multi - party signs which consolidate the direction of traffic to multiple businesses shall: a. be limited in sign area to 0.2 square metres (2.15 square feet) per business, to a maximum sign area of 2.0 square metres (21.5 square feet); b. not be located in the Small Rural Residential zone ; and c. not be temporary signs. B.4.7 Third Party Signs B.4.7.1 Notwithstanding B.4.1.1, third party signs are permitted, subject to : a. third party signs shall not exceed 1.1 square metres (12.0 square feet) in sign area , per lot . B.4.8 Illuminated Signs B.4.8.1 In ternally illuminated signs are prohibited, except where they occur as window signs for the purpose of displaying business hours of operation and opening, or for fuel price signs where only the numbers and symbols are illuminated. B.4.8.2 Externally illuminated s igns must have a light source which deflects light away from the sky and towards the surface of the sign , and which is completely shielded from view. B.5 PARKING B.5.1 Minimum Number of Parking Spaces for Automobiles and Bicycles B.5.1.1 Every owner of land must p rovide and maintain on the lot off - road motor vehicle parking spaces in accordance with the provisions of Table 2. Table 2: Parking Requirements Column 1 Column 2 Column 3 Column 4 Use Standard Parking Requirements Accessible Parking Requirements Bicy cle parking requirements RESIDENTIAL single family dwelling 2 per dwelling unit plus 1 per boarder None required None required secondary suite 2 per secondary suite None required None required two family dwelling 1.25 per unit plus 1 per employee Gre ater of 1 or 1 per 10 units 1 per unit without a garage multiple family dwelling 1.25 per unit plus 1 per employee Greater of 1 or 1 per 10 units 1 per unit without a garage HOME OCCUPATIONS galleries and live theatre 1 per 16 square metres (172.2 None Required None required BL 2 26 BL 273 BL 273 BL 293 June/2018 BL 307 OCT /2022

Page 24

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 24 Table 2: Parking Requirements Column 1 Column 2 Column 3 Column 4 Use Standard Parking Requirements Accessible Parking Requirements Bicy cle parking requirements squ are feet) of floor area or performance area used teaching of arts and crafts 1 per 2 students plus 1 per employee None Required None required bed and breakfast 1 per rental room plus 1 per non - resident employee None Required None required Instructional classes 1 per employee and 1 per 2 clients None Required None required watercraft and bicycle rental 1 per 2 rentals None Required None required other home occupations 1 per employee None Required None required COMMERCIAL Village Commercial and District Commercial shopping centres 1 per 16.0 square metres (172.2 square feet) of leasable floor area in the building 1 per 150 square metres (1614.5 square feet) of leasable floor area in the building 1 per 150 square metres ( 1614.5 square feet) of leasable floor area in the building restaurants and bars 1 per 3 seats Greater of 1 or 1 per 50 parking stall 1 per 15 seats nurseries and greenhouses 1 per 16.0 square metres (172.2 square feet) of floor area of the retail sales building Greater of 1 or 1 per 50 parking stall 1 per 10 parking stalls Offices 1 per 35 square metres (376.7 square feet) of floor area Greater of 1 or 1 per 50 parking stalls 1 per 10 parking stalls mini - storage 1 per 5 mini - storage units Greater of 1 or 1 per 50 parking stalls None required tourist accommodation except campgrounds 1 per sleeping unit plus 1 per 3 seats in a food or beverage area Greater of 1 or 1 per 20 accommodation units Greater of 1 or 1 per 10 sleeping units marina 1 per 2 boats berthed on an annual basis and 1 per employee Greater of 1 or 1 per 50 parking stalls 1 per 20 parking stalls golf course 50 per nine holes plus 1 per employee Greater of 1 or 1 per 50 parking stalls 1 per 20 parking stalls limited public market 1 per ve ndor Greater of 1 or 1 per 50 parking stalls None required INDUSTRIAL light industry and shipyard use 1 per 2 employees Greater of 1 or 1 per 50 parking stalls 1 per 10 employees boat building school 1 per 2 students and 1 per employee Greater of 1 or 1 per 50 parking stalls 1 per 10 of the total number of students and employees PUBLIC SERVICE AND UTILITY Church 1 per 2 metres of pews Greater of 1 or 1 per 50 parking stalls 1 per 10 parking stalls community halls, auditoriums, lodges, theatres 1 p er 4 seats Greater of 1 or 1 per 50 parking stalls 1 per 10 parking stalls

Page 25

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 25 Table 2: Parking Requirements Column 1 Column 2 Column 3 Column 4 Use Standard Parking Requirements Accessible Parking Requirements Bicy cle parking requirements schools , elementary 1 per 1 employee Greater of 1 or 1 per 50 parking stalls 1 per 10 employees plus 1 per 10 students schools – secondary 1 per employee plus 1 per 10 students Gr eater of 1 or 1 per 50 parking stalls 1 per 10 employees plus 1 per 8 students library, post office 1 per 20.0 square metres (215.2 square metres) of floor area Greater of 1 or 1 per 50 parking stalls 1 per 10 parking stalls police station 1 plus 1 per e mployee Greater of 1 or 1 per 50 parking stalls None required fire hall 1 per 1 employee or volunteer Greater of 1 or 1 per 50 parking stalls None required Museums 1 per 30.0 square metres (322.9 square feet) of floor area Greater of 1 or 1 per 50 parki ng stalls 1 per 10 parking stalls Medical Offices and Clinics 1 per 20 m 2 (215 ft 2 ) of floor area . Greater of 1 or 1 per 50 parking stalls 1 per 10 parking stalls B.5.2 Interpretation of Parking Requirements B.5.2.1 In calculating parking spaces required in Subsect ion B.5.2 , one additional space must be provided in requirements for sites on which more than one use occurs are cumulative. B.5.2.2 In calculating the parking spaces required in Table 2 of B.5.1.1, for commercial uses in the Village Commercial 1, Village Commercial 2, and District Commercial zones, the standard parking requirements in column 2 are to be maximum parking requirements; for all other zones and uses listed in Table 2 of B.5.1.1, standard parking requirements a re to be minimum parking requirements. B.5.2.3 Where parking spaces are designated for the use of motorcycles or scooters, such designated motorcycle/scooter parking spaces shall each be counted as the provision of 0.5 required vehicle parking spaces, to a maxim um of 15% of required parking spaces. B.5.3 Dimensions and Area of Parking Spaces and Aisles B.5.3.1 Each parking space must be accessible to a highway via a manoeuvring aisle not less than: 7.5 metres (24.6 feet) in width in the case of 90 degree parking; 5.5 metres (18.0 feet) in width in the case of 60 degree parking; and no parking space may abut a highway such that the use of the parking space necessitates reversing a motor vehicle onto or from a highway. If parking space is accessible directly from a lane the co mbined length of the parking space and width of the lane must be at least 12.5 metres (41.0 feet). B.5.3.2 Parking spaces must be at least 2.75 metres (9.0 feet) in width and 6.25 metres (20.5 feet) in length, exclusive of manoeuvring aisles, and have an unobstru cted vertical clearance of at least 2.0 metres (6.6 feet). Parallel parking spaces must, despite the foregoing, have a length of 7.5 metres (24.6 feet). B.5.3.3 Accessible parking spaces must be a minimum of 3.9 metres in width and 6.25 metres in length and have an unobstructed vertical clearance of at least 2.0 metres. B.5.3.4 Despite B.5.3.2 parking spaces for motorcycles or scooters must be a minimum of 1.4 metres in width and 2.5 metres in length. BL 261 BL 273 BL 273 BL 273 BL 273

Page 26

Gabriola Island Land Use Bylaw No. 177 - Schedule A Parking Words shown in Italics are defined in Part G Page 26 B.5.3.5 Despite B.5.3.2 parking spaces for small vehicles must be a minim um of 2.4 metres in width and 4.6 metres in length. B.5.3.6 Despite Table 2 of B.5.1.1, where a building or use provides more than 10 standard parking spaces, a minimum of 20% of the total spaces must be reduced to 2.4 metres in width and 4.6 metres in length and marked with the words ‘SMALL VEHICLE ONLY’ on the pavement or facing wall. B.5.4 Location o f Parking Spaces B.5.4.1 All required off - road parking spaces must be located on the lot on which the use, building or structure being served is located, or on an adjoining lot that constitutes a part of the same site or premises and is in the same zone . Parking spaces located on a highway may not be taken into account in determining compliance with the standards in Section B.5 . B.5.4.2 All acc essible parking spaces, small vehicle and motorcycle/scooter parking spaces must be located adjacent to a main entrance of a building for which the parking is required and marked with a sign or symbol identifying each space reserved for such parking. Prior ity location adjacent to a main entrance must be for accessible parking spaces B.5.4.3 Other than properties zone d for principal single family residential use, not more than 50 percent of the setback area must be used for parking spaces and manoeuvring aisles. A parking space may not be located within 1.5 metres (4.9 feet) of a property boundary. B.5.5 Standards for B i cycle Parking Spaces B.5.5.1 Each bicycle parking space must be accessible to a highway or vehicle parking lot via an access aisle that is not less than 1.2 metres (3.9 feet) in width. B.5.5.2 Bicycle parking space s must be at least 0.8 metres (2.6 feet) in width and 1.8 metres (5.9 feet) in length with a minimum overhead clea rance of 1.2 metres (3.9 feet). B.5.5.3 Bicycle parking space s must include a fixed structure that supports the bicycle frame in a stable position without damage to the wheels, frame or components and that enables the frame and both wheels to be locked to the structure by the cyclist’s own locking device. Protection from precipitation must be provided f or 50 per cen t of all spaces required. B.5.5.4 Bicycle parking space s are to be located at the primary entrance to the building or use being served. BL 273 BL 273 BL 273 BL 273

Page 27

Gabriola Island Land Use Bylaw No. 177 - Schedule A Miscellaneous Words shown in Italics are defined in Part G Page 2 7 B.6 MISCELLANEOUS B.6.1 Boarder s B.6.1.1 Up to a maximum of four boarder s are permitted in conjunction with a principal single family residential use. B.6.2 Limited Public Markets B.6.2.1 Other than during limited public market operating hours, tables, booths, chairs, umbrellas and other equipment associated with the limited public market must be enclosed, screened, or fence d from views avail able at the boundaries of the lot on which the limited public market is being conducted. B.6.2.2 In addition to the sign regulations in Section B.4 , an additional sign, not greater than 0.75 square metres (8.0 square feet) is permitted for each vendor operating at the limited public market . B.6.2.3 No permanent structures used primarily for a limited public market are permitted. B.6.3 Commercial Vacation Rentals B.6.3.1 All dwelling units , including secondary suites , are for residential use a nd any use for overnight accommodation on less than a monthly basis for monetary gain is prohibited except where a temporary use permit has been issued by the Local Trust Committee B.6.4 Use of Travel Trailers, Recreational Vehicles and Accessory Buildings B.6.4.1 On e t ravel trailer, recreational vehicle or accessory building may only be used as a temporary dwelling unit on any lot where single family residential use is a permitted use to a maximum of two years, provided: a. a valid building permit for the principal dwel ling unit is in effect for the property; b. the trailer or recreational vehicle is enclosed or screened from adjacent land by a landscape screen or fence subject to subsection B.2.7 or B.2.4 , respectively, not less than 2.0 metres (6.6 feet) in height; and c. the travel trailer, recreational vehicle or accessory building is connected to an approved sewage disposal system. BL 212 BL 2 12 BL 293 June/2018 BL 293 June/2018

Page 28

Gabriola Island Land Use Bylaw No. 177 - Schedule A Miscellaneous Words shown in Italics are defined in Part G Page 28 B.6.4.2 A combined total of two of the following: tents, tent t railers, camper vehicles, travel trailers or recreational vehicles may be used for seasonal accommodation for a period not exceeding 90 days in a calendar year and not exceeding 60 consecutive days, each except as permitted in the Agriculture (AG) zone. B.6.4.3 N othing in this bylaw prevents the storage of a travel trailer or recreational vehicle on a lot. B.6.5 Storage of Unlicensed Vehicles B.6.5.1 Any vehicle unlicensed on an annual basis for two or more consecutive years may be stored outside a building , provided it is s creened from views available at the boundaries of the lot by a landscape screen or fence subject to subsection B.2.7 or B.2.4 , respectively, not less than 2.0 metres (6.6 feet ) in height. B.6.6 Secondary Suite Regulations Secondary Suites , where permitted in Part D of this bylaw, are subject to the following requirements: B.6.6.1 Secondary suites are a permitted accessory use on lots 2.0 hectares (4.94 acres) or larger; B.6.6.2 One (1) seconda ry suite is permitted per lot. B.6.6.3 Outside the Agriculture Land Reserve a secondary suite may be located within or attached to a single family dwelling or within an accessory building. B.6.6.4 Within the Agricultural Land Reserve a secondary suite must be locate d wholly within a single family dwelling. B.6.6.5 The maximum permitted floor area for a secondary suite located within or attached to a single family dwelling is 90 square metres (968 square feet) or 40% of the floor area of the dwelling, whichever is less; B.6.6.6 The maximum permitted floor area for a secondary suite located within an accessory building is 90 square metres (968 square feet); B.6.6.7 A secondary suite must not be located within a manufactured home; B.6.6.8 For lands outside of the ALR, a secondary suite shall not be permitted on a lot unless the owner of the lot has registered a restrictive covenant under Section 219 of the Land Title Act in favour of the Gabriola Island Local Trust Committee prohibiting the registration of a strata plan under the Strata Proper ty Act or Land Title Act which would result in the secondary suite being a separate lot. BL 293 June/2018

Page 29

Gabriola Island Land Use Bylaw No. 177 - Schedule A Establishment of Zones Words shown in Italics are defined in Part G Page 29 Part C - ESTABLISHMENT OF ZONES C.1 DIVISION INTO ZONES The area included in Schedule “B” of this Bylaw is divided and designated into the following zones : C.1.1 Land Based Zone s C.1.1.1 Residential Zones SRR Small Rural Residential LRR Large Rural Residential SSN Seniors and Special Needs MAH1 Multi - dwelling Affordable Housing 1 C.1.1.2 Resource Zones AG Agriculture F Forestry FWR Forestry /Wilderness Recreation* FWR1 Forestry/Wilderness Rec reation 1 R Resource RC Resource Conservation* RR Resource Residential* RR1 Resource Residential 1 GP Gravel Pit C.1.1.3 Commercial and Light Industrial Zones VC1 Village Commercial 1 VC2 Village Commercial 2 – Professional Centre DC1 District Commercial 1 LC1 Lo cal Commercial 1 – Neighbourhood Pubs LC2 Local Commercial 2 – Restaurants LC3 Local Commercial 3 - Garden Centres FP Ferry Parking TC1 Tourist Commercial 1 TC2 Tourist Commercial 2 - Campground I Industrial - Light C.1.1.4 Recreation and Institutional Zones P1 P arks 1 – Provincial and Regional P2 Parks 2 – Passive Recreation Community Park P3 Parks 3 – Active Recreation Community Park IN1 Institutional 1 IN2 Institutional 2 IN3 Institutional 3 YC Yacht Club Outstation - Upland C.1.2 Water Based Zones WG Water General WC1 Water Commercial 1 - Marina WC2 Water Commercial 2 - Mariculture WC3 Water Commercial 3 - Marine Transportation WI1 Water Industrial 1 – Shipyard WI2 Water Industrial 2 – Log Storage WI3 Water industrial 3 – Bulk Material Transport WP1 Water Protecti on 1 BL 236 BL 236 OCT/26

Page 30

Gabriola Island Land Use Bylaw No. 177 - Schedule A Establishment of Zones Words shown in Italics are defined in Part G Page 30 WP2 Water Protection 2 – Park WP3 Water Protection 3 – Lake WYC Water Yacht club outstation * For Information Purposes Only - As no land is yet zone d FWR, RC, or RR, provisions for these zones cannot legally be included in this Bylaw. In recognitio n of the Gabriola Official Community Plan Bylaw 166 Policy 5.1(d)(which contains policies relating to the establishment of these zones ), appendixes A, B and C contain certain provisions in order that interested parties may anticipate conditions under which the density transfer allowed by Policy 5.1(c) may be realised. Appendixes A, B and C are for information purposes only. C.2 OFFICIAL ZONING MAP C.2.1.1 The location and extent of the zones referred to in Section C.1 is set out on Schedule “B” attached to and forming part of this Bylaw. C.3 INTERPRETATION OF ZONE BOUNDARIES C.3.1.1 Determination of Zone Boundaries In the event of uncertainty regarding the location of the boundaries for any zone on Schedule “B”, the location must be de termined by the application of the following rules: a. where zone boundaries coincide with lot boundaries, the lot boundaries are the zone boundaries; b. where zone boundaries run along a highway or other public way defined under the “Highways Act”, the zone boundary is the centre line; c. where a land based zone and a water based zone boundary coincide, the boundaries must be the surveyed high water mark as shown on a plan registered in the Land Title Office; and where there is no registered survey plan, the na tural boundary of the sea is the boundary; d. where the outer seaward zone boundary of a water based zone is not shown on Schedule “B”, the outer seaward zone boundary is the line designated as the “Outer Boundary of Bylaw 177”; and e. all other zone boundarie s must be determined by scaling from Schedule “B”. C.3.1.2 Lots in More than One Zone a. When determining the dwelling unit s density and lot cove rage for lots with area in more than one zone, each separately zoned area of the lot is to be considered as being a se parate lot . b. Despite Clause C.3.1.2a , where a secondary suite is a permitted use in the zone, it may be located on the portion of the lot so zoned provided there is only one secondary suite located on the entire lot and that lot area is 2.0 hectares (4.94 acres) or larger. BL 2 79 BL 293 June/2 018

Page 31

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resident ial Zones Words shown in Italics are defined in Part G Page 31 Part D - ZONES D.1 RESIDENTIAL ZONES D.1.1 Small Rural Residential (SRR) D.1.1.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no other s are permitted in the Small Rural Residential (SRR) zone : a. Permitted Principal Uses i single family residential ii horticulture , including sale of horticultural products grown on the lot b. Permitted Accessory Uses i home occupation , subject to Section B.3 ii secondary suite residential, on lot s 2.0 hectares (4.94 acres) or larger, subject to Subsection B.6.3 iii agriculture , including agri - tourism and the sale of agricultural products grown or raised on the lot , on lot s 2.0 hectares (4.94 acres) or larger iv keeping of animals for the personal use of the resident or landowner D.1.1.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following b uildings and structures and no others are permitted in the Small Rural Residential (SRR) zone : a. Permitted Buildings and Structures i Maximum of:  one single family dwelling per lot;  one secondary suite per lot;  Three buildings per lot excluding a secondary suite; pump /utility house and woodshed and that are accessory to all dwellings ; and  one agricultural produce stand per lot , not exceeding 4.6 square metres ( 50 square feet) floor area.  Other non - residential buildings and structures to accommodate hortic ulture , agriculture and the keeping of animals for personal use. For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use. D.1.1.3 Regulations The general reg ulations in Part B , plus the following regulations apply in the Small Rural Residential (SRR) zone : a. Buildings and Structures Siting Requirements i On lot s less than 1.0 hectares (2.47 acres), except for a sign, fen ce , or pump/utility house , the minimum setback of buildings or structures is: BL 250 BL 261 BL 293 June/2018 BL 293 June/2018

Page 32

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resident ial Zones Words shown in Italics are defined in Part G Page 32  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8) from any exterior side lot line; and  1.5 metres (4.9 feet) from any interior lot line. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback of buildings or structures is:  10.0 metres (32.8 feet) from any lot line , except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line. iii Despite items D.1.1.3a .i and D.1.1.3a.ii  the minimum setback for agricultural waste storage is 30.0 metres (98.4 feet) from any lot line or well head ;  the minimum setback for an agricultural produce stand in the Small Rural Residential (SRR) zone is 4.5 metres (14.7 feet) from the front lot line . b. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area. c. Lot Area Requirements for Subdivision i The minimum average lot area is 2.0 hectares (4.94 acres) ii The minimum lot area is 0.5 hectares (1.24 acres) D.1.2 Large Rural Residential (LRR) D.1.2.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Large Rural Residential (LRR) zone : a. Permitted Principal Uses i single family residential ii agriculture , including the sale of agricultural products grown or raised on the lot, b ut excluding animal husbandry on lot s less than 2.0 hectares (4.94 acres) b. Permitted Accessory Uses i home occupation , subject to Section B.3 ii secondary suite residential, on lot s 2.0 hectares (4.94 acres) or larger, subject to Subsection B.6.3. iii boarding and breeding kennels, accessory to a residential use, on lot s 2.0 hectares (4.94 acres) or larger iv boarding and riding stables, on lot s 2.0 hectares (4.94 acres) or larger, accommodating no more than 1 horse per 0.2 hectares ( 0.5 acres) to a maximum of 30 horses per lot v keeping of animals for the personal use of the resident or landowner vi agri - tourism B L 250 BL 250 BL 275 BL 275 BL 275 BL 2 79 BL 2 79 BL 293 June/2018 BL 236 OCT/26

Page 33

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resident ial Zones Words shown in Italics are defined in Part G Page 33 D.1.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Large Rural Residential (LRR) zone : a. Permitted buildings and Structures i Maximum of:  one single family dwelling per lot;  one secondary suite per lot ;  three buildings p er lot excluding a secondary suite , pump/utility house and woodshed and that are accessory to all dwellings ; and  one agricultural produce stand per lot , not exceeding 20 square metres (215.3 square feet) floor area . ii Other non - residential buildings and s tructures to accommodate agriculture , forestry , boarding and breeding kennels, and boarding and riding stables. For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use. D.1.2.3 Regulations The general regulations in Part B, plus the following regulations apply in the Large Rural Residential (LRR) zone : a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectare (2.47 acres), except for a sig n, fence, or pump/utility house, the minimum setback of buildings or structures is :  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8 feet) from any exterior side lot lines; and  1.5 metres (4.9 feet) from any interior lot lines. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback of buildings or structures is:  10.0 metres (32.8 feet) from any lot line. iii Despite items D.1.2.3a.i and D.1.2.3a.ii :  the minimum setback of boarding and breeding kennels is 30.0 metres (98.0 feet) from any lot line or well head ;  on lots 1.0 hectare (2.47 acres) or larger, t he minimum setback for greenhouses is 7.5 metres (24 .6 feet) from any lot line.  the minimum setback for agricultural waste storage is 30.0 metres (98.4 feet) from any lot li ne or well head; and;  the minimum setback for an agricultural produce stand in the Large Rural Residential (LRR) zone is 4.5 metres (14.7 feet) from the front lot line. b. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 10 percent of the lot area c. Lot Area Requirements for Subdivision i The minimum average lot area is 4.0 hectares (9.88 acres). ii The minimum lot area is 2.0 hectares (4.94 acres). BL 250 BL 250 BL 275

Page 34

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resident ial Zones Words shown in Italics are defined in Part G Page 34 D.1.3 Seniors and Special Needs (SSN) D.1.3.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Seniors and Spec ial Needs (SSN) zone : a. Permitted Principal Uses i seniors and special needs housing b. Permitted accessory Uses i employee accommodation ii horticulture, including sale of horticultural products grown on the lot. D.1.3.2 Buildings and Structures In addition to the buildings and structures permitted in Article B.1.1.2 , the following buildings and structures and no others are permitted in the Seniors and Special Needs (SNN) zone : a. Permitted Buildings and Structures i S ingl e or multiple family dwellings, to a maximum of 12 dwelling units per hectare (4.85 units per acre) and a maximum of 24 dwelling units per lot , except on lands shown on Schedule C, Map 2, in which case the maximum permitted density is 15 dwelling units pe r hectare (6 units per acre) and a maximum of 30 dwelling units per lot. ii Three buildings per lot that exclude a pump/utility house, woodshed and garden shed, and that are accessory to all dwelling unit s. iii one horticulture produce stand per lot, not exce eding 4.6 square metres (50 square feet) floor area. D.1.3.3 Regulations The general regulations in Part B , plus the following regulations apply in the Seniors and Special Needs (SSN) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback of buildings and structures except for a sign, fence , or pump/utility house is 6.0 metres (19.7 feet ) from any lot line. ii the minimum setback for a horticultural produce stand is 4.5 metres ( 14.7 feet) from the front lot line. c. Lot coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area d. Lot Are a Requirements for Subdivision i The minimum lot area and minimum average lot area is 1.0 hectare (2.47 acres). BL 180 BL 212 BL 275 BL 275 BL 2 79

Page 35

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resident ial Zones Words shown in Italics are defined in Part G Page 35 ii . Despite, Item D.1.3.3.d.i, the minimum lot area and minimum average lot area is 4.0 hectares(9.88 acres), for land legally described as Strata Plan VIS5013, Section 20, Gabriola Island, Nanaimo District as shown on Schedule C Map 11. e. Senior and Special Needs Dwelling Unit Limitations i The maximum average area of single or multiple family dwellings is 83.6 square metres (900 square feet) except on lands shown on Schedule C, Map 2, in which case the maximum average is 65.0 square metres (700 square feet). ii F or purposes of Item D.1.3.3e.i in calculating average dwelling unit size, the interior dimensions o f a dwelling unit must be used and the area of an enclosed deck, porch or balcony and any area intended for storage purposes, directly accessible from the interior of the dwelling unit , must be included for purpose of this calculation. iii For purposes of cal culating the number of permitted dwelling units , dwelling units used for employee accommodation are included in the maximum permitted number of dwelling units in Item D.1.3.2a D.1.4 Multi - dwelling Affordable Housi ng 1 (MAH1) D.1.4.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Multi - dwelling Affordable Housing 1 (MAH1) zone : a. Permitted Principal Uses i multiple family residential ii two family re sidential b. Permitted Accessory Uses i home occupations, subject to Section B.3 D.1.4.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Multi - dwelling Affordable Housing 1 (MAH1) zone : a. Permitted Buildings and Structures i Multiple family dwellings and two family dwellings , to a maximum of 12 dwelling units per hectare (4.85 units per acre) and a maximum of 24 dwelling units per lot . ii Three buil dings per lot that exclude a pump/utility house , woodshed and garden shed, and that are accessory to all dwelling units . iii The average size of all dwelling units on a lot must not be greater than 83 square metres (900 sq.ft.). D.1.4.3 Regulations The g eneral regulations in Part B, plus the following regulations apply in the Multi - dwelling Affordable Housing 1 (MAH1) zone: a. Building and Structure Height Limitations i The maximum height of buildings or structures is 9.0 metres (29.5 feet). BL 2 79 BL 307 JUN/2022

Page 36

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resident ial Zones Words shown in Italics are defined in Part G Page 36 b. Building and Structure Siting Requirements i Except for a sign, fence , or pump/utility house , the minimum setback for buildings and structure is:  3.0 metres (9.8 feet) from the front lot line;  10.0 metres (32.8 feet) from any lot line that is not a front lot line . ii Despite item D.1.4.3.b.i, the minimum setback of buildings and structures from a lot line that coincides with a lot in the same zone is 0.0 metres. c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 perce nt of the lot area. d. Subdivision Requirements i The minimum lot area is 1.0 hectares (2.47 acres). e. Form of Tenure i One hundred percent (100%) of the dwelling units in the Multi - dwelling Affordable Housing 1 (MAH1) zone shall be limited to residenti al rental tenure .

Page 37

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 37 D.2 RESOURCE ZONES D.2.1 Agriculture (AG) D.2.1.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Agriculture (AG) zone : a. Permitted Principa l Uses i agriculture , including the sale of agricultural products grown or raised on the lot ii single family residential iii golf course, on lands as shown on Schedule C, Map 3 iv intensive agriculture v Cannabis production b. Permitted Accessory Uses i home occ upations subject to Section B.3 *; ii secondary suite residential on lots 2.0 hectares (4.94 acres) or larger. ; iii boarding and breeding kennels, accessory to a residential use, on lot s 2.0 hectares (4.94 acres) or lar ger; and iv boarding and riding stables on lots 2.0 h ectares (4.94 acres) or larger . v agri - tourism ; and vi agri - tourism accommodation on lands in the Agricultural Land Reserve on lots 4.0 hectares (9.88 acres) or larger with farm classification under the BC A ssessment Act * For information purposes only – on land situated within the Agricultural Land Reserve these uses may be subject to approval of the Agricultural Land Commission under the “Agricultural Land Commission Act” D.2.1.2 Buildings and Structures The bui ldings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Agriculture (AG) zone : a. Permitted Buildings and Structures i Maximum of:  one single family dwelling per lot;  one secondary suite per lot ;  for lots in the Agricultural Land Reserve, one secondary suite AND one manufactured home for immediate family or farm worker housing ;  three buildings per lot excluding a secondary suite , pump/ut ility house and woodshed and that are accessory to all dwellings ;  one produce stand per lot accessory to an agriculture principal use and not exceeding 20 square metres (215.3 square feet) floor area; and  one clubhouse accessory to a golf course use, on la nds as shown on Schedule C, Map 3*. BL 250 BL 2 75 BL 275 BL 275 BL 2 8 0 09/08 BL 2 79 BL 293 June/2018 BL 293 JUN/2018 BL 303 OCT/2021

Page 38

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 38  four or fewer sleeping units for agri - tourism accommodation in the form of either seasonal campsites and/or short term use of bedrooms on a farm classified as a farm under the Assessment Act on lots 4.0 hectares (9.88 a cres) or larger. Should farm classification discontinue for a period of two (2) consecutive years, agri - tourism accommodation is no longer a permitted accessory use on the lot. ii On lands in the Agriculture Land Reserve where a manufactured home is permitte d on a lot 2.0 hectares (4.94 acres) or larger for immediate family or farm working housing , the following conditions will apply:  The lot has farm classification under the BC Assessment Act; and  The manufactured home does not exceed 9 metres.(29.5 feet) i n width and 120.7 m 2 (1300 ft 2 ) in floor area; and  The manufactured home is sited so as to not have a negative effect on the existing farm operation; and  The owner of the lot on which the manufactured home is located shall register on the title of that lot a restrictive covenant under section 219 of the Land Title Act stating that the manufactured home will be removed if it is no longer being occupied by the approved user for a period of one year; and  The manufactured home is occupied by immediate members of the family that currently own the property; or  The manufactured home is occupied by a farm employee(s) required for the farm operation and who provide a net benefit to the existing farm operation and written approval from the Agricultural Land Commissi on has been obtained. iii Other non - residential buildings and structures to accommodate:  agriculture , forestry , boarding and breeding kennels, and boarding and riding stables*; and  golf course on lands as shown on Schedule C, Map 3*. * For information purp oses only – on land situated within the Agricultural Land Reserve these buildings and structures may be subject to approval of the Agricultural Land Commission under the “Agricultural Land Commission Act” For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use. D.2.1.3 Regulations The general regulations in Part B , plus the following regulations apply in the Agriculture (AG) zone : a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectare (2.47 acres), except for a sign, fence , or pump/utility house :  the minimum setback for a single family dwelling, a manufactured home for immediate family or farm wor ker housing , a secondary suite and buildings and structures accessory to them is 6.0 metres (19.7 feet) from the front lot line , 4.5 metres (14.8 feet) from any exterior side lot lines and 1.5 metres (4.9 feet) from any interior lot line; and  the minimum s etback for all other buildings or structures is 20.0 metres (65.6 feet) from any lot line. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence , or pump/utility house :  the minimum setback for a single family dwelling, a manufactured home for immediate family or farm worker housing , a secondary suite and buildings BL 250 BL 275 BL 275 BL 275 BL 293 June/2018

Page 39

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 39 and structures accessory to them is 10.0 metres (32.8 feet) from any lot line ; and  the minimum setback for all other buildings or structures is 20.0 metres (65.6 feet) from any l ot line. iii Despite items D.2.1.3a.i and D.2.1.3a.ii :  the minimum setback of boarding and breeding kennels is 30.0 metres (98.0 feet) from any lot line or well head;  the minim um setback for greenhouses on land in the AG zone is 7.5 metres from any lot line;  the minimum setback for intensive agriculture is 30.0 metres (98.4 feet) from any lot line; and  the minimum setback for agricultural waste storage is 30.0 metres (98.4 fee t) from any lot line or well head; and  the minimum setback for an agricultural produce stand in the Agriculture (AG) zone is 4.5 metres (14.7 feet) from the front lot line.  the minimum setback for buildings and structures except for fences, u sed for cann abis production is 3 0 metres (98.4 feet) from any lot line and 150 metres (492.13 feet) from any school property line or P3 zone. b. Lot Coverage Limitations i On land outside the Agricultural Land Reserve:  the maximum combined lot coverage of buildings and structures , is 35 percent of the lot area. ii On land in the Agricultural Land Reserve:  the maximum combined lot coverage of buildings and structures , excluding greenhouses, is 35 percent of the lot area in the Agricultural Land Reserve; and  the maximum comb ined lot coverage of buildings and structures , including greenhouses, is 75 percent of the lot area.  the maximum combined lot coverage of agri - tourism and/or agri - tourism accommodation including buildings, access and parking is one (1) percent of the lo t area.  The maximum combined lot coverage of buildings and structure used for the purpose of cannabis production is 200 square metres (2,152 square feet). c. Lot Area Requirements for Subdivision  The minimum average lot area and the minimum lot is 8.0 hecta res (19.77 acres). D.2.2 Forestry (F) D.2.2.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Forestry (F) zone : BL 275 BL 275 BL 2 8 0 09/08 BL 303 OCT/2021 BL 303 OCT/2021

Page 40

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 40 a. Permitted Principal Uses i forestry ii single f amily residential b. Permitted Accessory Uses i home occupations subject to Section B.3 ii secondary suite residential*, on lot s 2.0 hectares (4.94 acres) or larger, subject to Subsection B.6.3. iii limited milling and pl aning of timber grown on the same lot iv forestry research and education v agriculture, including agri - tourism and the sale of agricultural products grown or raised on the lot D.2.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Forestry (F) zone : a. Permitted Buildings and Structures i Maximum of:  one single family dwelling per lot;  one secondary suite per lot ;  three buildings per lot excluding a secondary suite , pump/utility house and woodshed, and that are accessory to all dwellings ; and  one produce stand per lot accessory to an agriculture use and not exceeding 20 square metres (215.3 square feet) f loor area. ii Portable sawmills * iii Other non - residential buildings and structures to accommodate:  forestry and forestry research and education*; and * For information purposes only – on land situated within the Forest Land Reserve this use and these bu ildings and structures may be subject to approval of the Forest Land Commission under the “Forest Land Commission Act” D.2.2.3 Regulations The general regulations in Part B , plus the following regulations apply in the For estry (F) zone : a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectares (2.47 acres), except for a sign, fence , or pump/utility house, the minimum setback for buildings or structures is:  6.0 metres (19.7 feet) from any front lot li ne;  4.5 metres (14.8 feet) from any exterior side lot line; and  1.5 metres (4.9 feet) from any interior lot line. ii On lots 1.0 hectares (2.47 acres) or larger, except for a sign, fence , or pump/utility house, the minimum setback for buildings or structures is:  10.0 metres (32.8 feet) from any lot line , except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line BL 250 BL 193 BL 275 BL 275 BL 275 BL 2 79 BL 293 June/2018 BL 293 June/2018 BL 293 June/2018

Page 41

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 41 iii the minimum setback for an agricultural produce stand in the Forestry (F) zone is 4 .5 metres (14.7 feet) from the fron t lot line . b. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 10 percent of the lot area. c. Lot Area Requirements for Subdivision i The minimum lot area and the minimum average lot area is 60.0 hectares (148.26 a cres). ii Despite items D.2.2.3.c.i, the Forestry zoned area of the South ½ of the Northwest ¼ of Section 19, Gabriola Island, Nanaimo District, may be subdivided from the IN4 zoned area as shown on Map 15 of Schedule C. D.2.3 Forestry/ Wilderness Recreation 1 (FWR 1 ) D.2.3.1 Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Forestry/Wilderness Recreation 1 (FWR1) zone: a. Permitted Principal Uses i . forestry ii . forest wilderness oriented recreation iii . ec ological reserves iv . environmental protection D.2.3.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Forestry/Wilderness Recreation 1 (FWR1) zone: a. Permitted Buildings and Structures i . Structures to accommodate passive outdoor recreational activities; ii . Portable sawmills; and, iii . Other non - residential buildings and structures to accommodate environmental protection projects, forestry and forestry re search and education. D.2.3.3 Regulations The general regulations in Part B, plus the following regulations apply in the Forestry/Wilderness Recreation 1 (FWR1) zone: a. Buildings and Structure Height Limitations i . The maximum height of all buildings and structur es is 9.0 metres (29.5 feet); BL 261 BL 236

Page 42

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 42 D.2.3.4 Buildings and Structures Siting Requirements i . The minimum setback for buildings and structures, except a sign, fence, or pump/utility house, is 10.0 metres (32.8 feet) from any lot line. D.2.3.5 Lot Area Requirements for Subdivisio n i . The minimum average lot area and the minimum lot area are 286 hectares (707 acres). D.2.4 Resource (R) D.2.4.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in t he Resource (R) zone : a. Permitted Principal Uses i agriculture, including the sale of agricultural products grown or raised on the lot but excluding animal husbandry on lots less than 2.0 hectares (4.94 acres) ii forestry iii single family residential iv shooting range, on lands as shown on Schedule C, Map 4 v agri - tourism b. Permitted Accessory Uses i home occupations accessory to a residential use, subject to Section B.3 ii secondary suite residential, on lot s 2.0 hectares ( 4.94 acres) or larger, subject to Section B.6.3. iii boarding and breeding kennels, accessory to a residential use, on lot s 2.0 hectares (4.94 acres) or larger iv boarding and riding stables, on lot s greater t han 2.0 hectares (4.94 acres) D.2.4.2 Buildings and Struc tures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Resource (R) zone : a. Permitted Buildings and Structures i Maximum o f:  one single family dwelling per lot;  one secondary suite per lot ;  three buildings per lot excluding a secondary suite, pump/utility house and woodshed, and that are accessory to all dwellings; and  one produce stand per lot , not exceeding 20.0 square met res (215.3 square feet) in floor area , accessory to an agricultural use. ii Other non - residential buildings and structures to accommodate:  agriculture , forestry, boarding and breeding kennels, and boarding and riding stables; and  shooting range, on lands as shown on Schedule C, Map 4 BL 272 BL 272 BL 193 BL 275 BL 2 79 BL 293 June/2018 BL 293 June/2018

Page 43

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 43 For Information purposes only - Farm status under the BC Assessment Act is not required for the construction of buildings or structures for an agricultural use. D.2.4.3 Regulations The general regulations in Part B , plus the following regulations apply in the Resource (R) zone : a. Buildings and Structures Siting Requirements i On lots less than 1.0 hectare (2.47 acres), except for a sign, fence , or pump/utility house, the minimum setback for bui ldings or structures is:  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8 feet) from any exterior side lot lines; and  1.5 metres (4.9 feet) from any interior lot lines. ii On lots 1.0 hectare (2.47 acres) or larger, except for a sign, fence , or pump/utility house , the minimum setback for buildings or structures is:  10.0 metres (32.8 feet) from any lot line, except the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line. iii Despite items D.2.4.3a.i and D.2.4.3a.ii :  the minimum setback of boarding and breeding kennels is 30.0 metres (98.0 feet) from any lot line or well head;  the minimum setback for agricultural waste storage is 30.0 metr es (98.4 feet) from any lot line or well head; and  the minimum setback for an agricultural produce stand in the Resource (R) zone is 4.5 metres (14.7 feet) from the front lot line.  Lot Coverage Limitations  The maximum combined lot coverage by buildings an d structures is 10 percent of the lot area. b. Lot Area Requirements for Subdivision i The minimum average lot area is 8.0 hectares (19.77 acres). ii The minimum lot area is 2.0 hectare (4.94 acres), excepting that the minimum lot area is 1.0 hectare (2.47 acre s) where serviced by a community water system and a community sewer system. D.2.5 Resource Conservation (RC) For Information Purposes Only - As no land is yet zone d RC, the provisions for this zone cannot legally be included in this Bylaw. In recognition of the Gabriola Official Community Plan Bylaw 166 Policy 5.1(d), relating to the establishment of such zones , Appendix B contains certain provisions in order that interested parties may anticipate conditions under which the density transfer allowed by Policy 5.1 (c) may be realised. Appendix B is for information purposes only. D.2.6 Resource Residential 1 (RR 1 ) B L 236 D.2.6.1 Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Resource Residential 1 (RR1) zone: BL 250 BL 250 BL 275 BL 275

Page 44

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 44 a. Permitted Principal Uses i . single family residential ii . agriculture iii . horticulture b. Permitted Accessory Uses i . home occupation, subject to Section B.3 ii . secondary suite residential iii . processing and sale of agricultural products, limited to those g rown or raised on the lot iv agri - tourism D.2.6.2 Buildings and Structures The buildings and structures permitted in Article B1.1.2, plus the following buildings and structures and no others are permitted in the Resource Residential 1 (RR1) zone: a. Permitted Build ings and Structures i . Maximum of:  one single family dwelling per lot;  three buildings per lot excluding a secondary suite , pump/utility house and woodshed, and that are accessory to all dwellings ;  one produce stand per lot, not exceeding 20.0 square metr es (215.3 square feet) in floor area, accessory to an agricultural use; and,  one secondary suite per lot . ii . Other non - residential buildings and structures to accommodate:  agriculture and horticulture. D.2.6.3 Regulations The general regulations in Part B , plus the following regulations apply in the Resource Residential 1 (RR1) zone: a. Buildings and Structures Siting Requirements i . On lots less than 2.0 hectare (4.94 acres), except for a sign, fence, or pump/utility house, the minimum setback for building s or structures is:  6.0 metres (19.7 feet) from all lot lines. ii . On lots 2.0 hectare (4.94 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is:  10.0 metres (32.8 feet) from any lot line, ex cept the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line . iii . the minimum setback for an agricultural produce stand in the Resource Residential (RR1) zone is 4.5 metres (14.7 feet) from the front lot line. b. Lot Coverage Limitat ions i . The maximum combined lot coverage by buildings and structures is 10 percent of the lot area. c. Lot Area Requirements for Subdivision i . The minimum average lot area is 2.35 hectares (5.81 acres), and for calculation purposes the minimum average inclu des roads within this zone. ii . The minimum lot area shall be 1 hectare (2.47 acres ). BL 250 BL 275 BL 275 BL 293 BL 293

Page 45

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 45 D.2.6 (A) Resource Residential 2 (RR 2) D. 2.6(A).1 Permitted Uses In addition to the uses permitted in Article B.1.1.1, the following uses and no others are permitted in the Resource Residential 2 (RR2) zone: a. P ermitted Principal Uses i . single family residential ii . agriculture iii . horticulture b. Permitted Accessory Uses i . home occupation, subject to Section B.3 secondary suite residential, on lots 2.0 hectares (4.94 acres) o r larger, subject to Section B.6.3. ii . processing and sale of agricultural products, limited to those grown or raised on the lot iii agri - tourism D. 2.6(A).2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Resource Residential 2 (RR2) zone: d. Permitted Buildings and Structures i . Maximum of: 2. one single family dwelling per lot which must be connected to a rainwater harvesting and collection system wi th a minimum storage capacity of 22,500 litres (5,944 US gallons); 3. three buildings per lot excluding a secondary suite, pump/utility house and woodshed, and that are accessory to all dwellings; 4. one produce stand per lot, not exceeding 20.0 square metres ( 215.3 square feet) in floor area, accessory to an agricultural use; and, 5. one secondary suite per lot, . ii . Other non - residential buildings and structures to accommodate: 6. agriculture and horticulture. D.2.6(A).3 Regulations The general regulations in Part B , plus the following regulations apply in the Resource Residential 2 (RR2) zone: a. Buildings and Structures Siting Requirements i . On lots less than 2.0 hectare (4.94 acres), except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is: BL 290 Sept2018

Page 46

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 46 7. 6.0 metres (19.7 feet) from all lot lines. ii . On lots 2.0 hectare (4.94 acres) or larger, except for a sign, fence, or pump/utility house, the minimum setback for buildings or structures is: 8. 10.0 metres (32.8 feet) from any lot line, excep t the minimum setback for greenhouses is 7.5 metres (24.6 feet) from any lot line . iii . the minimum setback for an agricultural produce stand in the Resource Residential 2 (RR2) zone is 4.5 metres (14.7 feet) from the front lot line. b. Lot Coverage Limitations i . The maximum combined lot coverage by buildings and structures is 10 percent of the lot area. c. Lot Area Requirements for Subdivision i . The minimum average lot area is 1.9 hectares (4.7 acres); ii . The minimum lot area is 1.0 hectare (2.47 acres); iii . Despite any other provision of this Bylaw, the maximum number of lots permitted in the Resource Residential 2 (RR2) zone is 25. D.2.7 Gravel Pit (GP) D.2.7.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following use s and no others are permitted in the Gravel Pit (GP) zone : a. Principal Permitted Uses i storage of unprocessed excavated gravel D.2.7.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Gravel Pit (GP) zone : a. Permitted Buildings and Structures i Maximum of one building. ii Structures necessary for the gravel pit operation. D.2.7.3 Regulations The general regulations in Part B , plus the following regulations apply in the Gravel Pit (GP) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Struct ures Siting Requirements i The minimum setback for buildings or structures , except a sign, fence , or pump/utility house , is 10.0 metres (32.8 feet) from any lot line .

Page 47

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 47 c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structure s is two percent of the lot area. d. Lot Area Requirements for Subdivision i The minimum lot area is 25.0 hectares (61.77 acres). D.2.8 Gabriola Commons (GC) Comprehensive Development Zone D.2.8.1 Permitted Uses The uses permitted in Article B.1.1.1 plus the following uses and no others are permitted in the Gabriola Commons Comprehensive Development Zone: a. Permitted Principal Uses i Commons agriculture ii Commons institutional b. Permitted Accessory Uses i Single family residential, excluding home occupation ii . Commons acce ssory commercial iii . Commons accessory food depot iv Commons accessory public assembly v . Commons accessory office and storage vi agri - tourism D.2.8.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 plus the following buildings an d structures and no others are permitted in the Gabriola Commons Comprehensive Development Zone: a. Permitted Buildings i Maximum of one single family dwelling; ii Other non - residential buildings to accommodate the principal and accessory uses permitted, subj ect to a combined maximum floor area of: iii Commons accessory commercial to a maximum of 175 sq. m. (1,884 sq. ft.);  Commons accessory public assembly to a maximum of 600 sq. m. (6,458 sq. ft);  Commons accessory office and storage uses to a maximum of 400 sq . m. (4,305 sq. ft.); and  Commons accessory food depot to a maximum of 200 sq. m. (2,152 sq. ft.) iv one produce stand not exceeding 20.0 square metres (215.3 square feet) in floor area, accessory to an agricultural use (For clarification, the definition o f “accessory” in the Gabriola Island Land Use Bylaw is provided: “in relation to a use, building or structure, means ancillary, secondary and exclusively devoted to a principal use, building or structure, expressly permitted by this Bylaw on the same lot o r, where the accessory use is located on common property in a bare land strata plan, on a strata lot in the s ame strata plan. ) BL 259 BL 275 BL 275

Page 48

Gabriola Island Land Use Bylaw No. 177 - Schedule A Resource Zones Words shown in Italics are defined in Part G Page 48 D.2.8.3 Regulations The general regulations in Part B plus the following regulations apply in the Gabriola Commons (GC) Comprehensive D evelopment Zone: a. Building and Structures Siting Requirements i . Except for a sign, fence, or pump/utility house:  The minimum setback for any building or structure housing a residential use is 4.5 metres (14.8 feet) from the front lot line. ii Despite items D.2.8.3.a.i:  The minimum setback for buildings and structures except Agriculture, is 10.0 metres (32.8 feet) from any other lot line.  The minimum setback for all Agriculture buildings and structures is 20 metres (65.6 feet) from any lot line, except for a produce stand which has a minimum setback of 4.5 metres (14.7 feet) from the front lot line or greenhouses which have a minimum setback of 7.5 metres (24.6 feet) from any lot line.  The minimum setback for agriculture waste storage is 30.0 metres (98.4 fee t) from any lot line or well head . b. Building and Structures Height Requirements i . Except as regulated by Article B.2.3.2:  The maximum height for non - residential, non - agriculture and non - forestry building or struct ure is 9.0 metres (29.5 feet). c. Lot Cove rage Limitations  The maximum combined lot coverage of buildings and structures, including greenhouses, is 12 percent of the lot area. d. Other Regulations  Subdivision of lands within the Gabriola Commons (GC) Comprehensive Development Zone area is prohibited .  All other regulations, including the Regional District of Nanaimo Noise Bylaw, as it applies to Gabriola Island, apply to lands within the Gabriola Commons (GC) Comprehensive Development Zone. BL 275

Page 49

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 49 D.3 COMMERCIAL AND INDUSTRIAL ZONES D.3.1 Village Commercial 1 (VC 1) D.3.1.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Village Commercial 1 (VC1) zone : a. Permitted Principal uses i retail sales and rentals ii offices iii p ersonal services iv restaurants v limited public markets , subject to Subsection B.6.2 vi medical and dental clinics vii bakeries viii repair shops ix building material supply x private clubs and lodges xi indoor recreation xii libraries xiii laundromats xiv automotive service and auto sales xv gasoline sales xvi household storage xvii shopping centre combining three or more principal uses in this zone b. Permitted Accessory Uses i single family residential c. Permitted Uses – Particular Loca tions i Despite Article D.3.1.1, the only permitted uses on land legally described as Lot 31, Plan 22723, Section 20, Gabriola Island, Nanaimo District, are those referred to in Items : D.3.1.1.a i, ii, iii, v, v i, viii, ix, xii, xvi and xvii. D.3.1.2 Buildings a nd Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Village Commercial 1 (VC1) zone : a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit . ii Other non - residential buildings and structures to accommodate the permi tted uses set out in this zone. BL 196 BL 2 79

Page 50

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 50 D.3.1.3 Regulations The general regulations in Part B , plus the following regulations apply in the Village Commercial 1 (VC1) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is:  6.0 metres (19.7 feet) from the front lot lin e;  3.0 metres (9.8 feet) from any interior lot line , except where the interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from the interior lot line; and  3.0 metres (9.8 feet) from another building sited o n the same lot . ii There is no setback requirement from any exterior side lot line *. c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area. ii The maximum floor area ra tio is 0.25 d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). e. Automotive Service, Auto Sales and Rental Limitations i Not more than 10 vehicles capable of being licensed under th e “Motor Vehicle Act” and offered for sale or rent may be located on any lot within this zone . * For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings w ithin 4.5 metres (14.8 feet) of a highway right - of - way. D.3.2 Village Commercial 2 – Professional Centre (VC2) D.3.2.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted i n the Village Commercial 2 – Professional Centre (VC2) zone : a. Permitted Principal uses i retail sales and rentals ii offices iii personal services iv restaurants v medical and dental clinics vi bakeries vii household storage BL 2 79

Page 51

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 51 b. Permitted Accessory Uses i single family residential D.3.2.2 Buildings and Structures The buildings and structures permitted in Article B.1. 1.2 , plus the following buildings and structures and no others are permitted in the Village Commercial 2 – Professiona l Centre (VC2) zone : a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot ; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit . ii Other non - residential bui ldings and structures to accommodate the permitted uses set out in this zone. D.3.2.3 Regulations The general regulations in Part B , plus the following regulations apply in the Village Commercial 2 – Professional Centre (V C2) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or p ump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from any interior lot line , except where the interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from the interio r lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot . ii There is no setback requirement from any exterior side lot line *. c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and struc tures is 40 percent of the lot area ii The maximum floor area ratio is 0.40 d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). e. Retail, Restaurants, Cafes and Bakeries Limitations i T he maximum combined floor area permitted for restaurants, cafes and bakeries is 105 square metres (1,130 square feet). ii The maximum combined floor area for retail sales and rentals, restaurants, cafes and bakeries is 25 percent of the total floor area of a ll buildings on the lot. * For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right - of - way.

Page 52

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 52 D.3.3 District Comm ercial 1 (DC1) D.3.3.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the District Commercial 1 (DC1) zone : a. Permitted Principal Uses i retail sales and rental s ii limited public markets , subject to Subsection B.6.2 iii personal services iv restaurants v offices vi medical and dental clinics vii bakeries viii repair shops ix building material supply x private clubs and lodges xi indoor recreation xii laundromats xiii automotive service and auto sales xiv gasoline sales xv household storage xvi shopping centre combining three or more principal uses in this zone b. Permitted Accessory Uses i single family residential D.3.3.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the District Commercial 1 (DC1) zone : a. Permitted Buildings and Structures i Ma ximum of:  one accessory dwelling unit per lot ; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non - residential buildings and structures to accommodate the permitted uses set out in this zone . D.3.3.3 Regulations The general regulations in Part B , plus the following regulations apply in the District Commercial 1 (DC1) zone : a. Buildings and Structure Height Limitations i the maximum height of bu ildings and structures is 9.0 metres (29.5 feet) BL 2 79

Page 53

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 53 b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metr es (9.8 feet) from any interior lot line , except where the interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from the interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot . ii There is no setback requirement from any exterior side lot line *. iii Despite Item D.3.3.3.ii, the minimum setback for buildings or structures is 14.5 metres from the exterior side lot line on Parcel E (DD 401 378I ) of Section 21, Gabriola Island, Nan aimo District, abutting King Road. iv No maneuvering aisle or access lane is permitted to be sited within the ex terior side lot line of Parcel E (DD 401 378I ) of Section 21, Gabriola Island, Nanaimo District abutting King Road. c. Lot Coverage and Floor Area Ra tio Limitations i The maximum combined lot coverage by buildings and structures is 40 percent of the lot area. ii The maximum floor area ratio is 0.25. d. Lot Area Requirements for Subdivision i The minimum average lot area and minimum lot are a is 0.5 hectares (1.24 acres) e. Automotive Service, Auto Sales and Rental Limitations i Not more than 10 vehicles capable of being licensed under the “Motor Vehicle Act” and offered for sale or rent may be located on any lot within this zone . * For Information Purposes On ly – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right - of - way. D.3.4 Local Commercial 1 – Neighbourhood Pubs (LC1) D.3.4.1 Permitted Uses The u ses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Local Commercial 1 – Neighbourhood Pubs (LC1) zone : a. Permitted Principal Uses i neighbourhood pub b. Permitted Accessory Uses i single family residential D.3.4.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Local Commercial 1 – Neighbourhood Pubs (LC1) zone : BL 218

Page 54

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 54 a. Permitted Buildings and Structures i Maximum of:  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non - r esidential buildings and structures to accommodate neighbourhood pubs. D.3.4.3 Regulations The general regulations in Part B , plus the following regulations apply in the Local Commercial 1 - Neighbourhood Pubs (LC1) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility ho use is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from any interior lot lines , except where the interior lot line abuts a commercial or industrial zone in which case the minimum setback is 1.5 metres (4.9 feet); and  3.0 metres ( 9.8 feet) from another building sited on the same lot . ii There is no setback requirement from any exterior side lot line * . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 32 percent of the lot area. d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). * For Information Purposes Only – Under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways t o place buildings within 4.5 metres (14.8 feet) of a highway right - of - way. D.3.5 Local Commercial 2 – Restaurants (LC2) D.3.5.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are perm itted in the Local Commercial 2 – Restaurants (LC2) zone : a. Permitted Principal Uses i restaurant ii single family residential D.3.5.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , p lus the following buildings and structures and no others are permitted in the Local Commercial 2 – Restaurants (LC2) zone :

Page 55

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 55 a. Permitted Buildings and Structures i Maximum of:  one dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other non - residential buildings and structures to accommodate restaurants . D.3.5.3 Regulations The general regulations in Part B , plus the following regul ations apply in the Local Commercial 2 – Restaurants (LC2) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from an interior lot line , except where an interior lot line abuts a commercial or industrial zone in which c ase there is no setback requirement from an interior lot line; and  3.0 metres (9.8 feet) from another building sited on the same lot . ii There is no setback requirement from any exterior side lot line *. c. Lot Coverage and Floor Area Ratio Limitations i Th e maximum combined lot coverage by buildings and structures is 40 percent of the lot area. ii The maximum floor area ratio is 0.25. d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). * For information Purposes Only - Under the Highway Act Regulation, special permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet) of a highway right - of - way. D.3.6 Local Commercial 3 - Garden Ce ntres (LC3) D.3.6.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Local Commercial 3 – Garden Centres (LC3) zone : a. Permitted Principal Uses i garden centr e b. Permitted Accessory Uses i single family residential ii mini - storage BL 220

Page 56

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 56 iii limited public market , subject to Subsection B.6.2 except on lands shown on Schedule C, Map 12 iv farm supply centre, on lands shown on Schedul e C, Map 12 D.3.6.2 Buildings and Structures The uses permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Local Commercial 3 – Garden Centres (LC3) zone : a. Permi tted Buildings and Structures i Maximum of: ii one accessory dwelling unit per lot ;  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit; and  10 accessory mini - storage units per lot. iii Other n on - residential buildings and structures to accommodate garden centres iv Other non - residential buildings and structures to accommodate a farm supply centre on lands shown on Schedule C, Map 12 D.3.6.3 Regulations The general regulations in Part B , plus the following regulations apply in the Local Commercial 3 – Garden Centres (LC3) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet), except that the maxim um height of mini - storage unit is 3.0 metres (9.8 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is :  6.0 metres (19.7 feet) from the front lot line;  3.0 metres (9.8 feet) from an interior lot line , except where an interior lot line abuts a commercial or industrial zone in which case there is no setback requirement from an interior lot line; and  3.0 metres (9.8 feet) from another building sited on the sam e lot . ii There is no setback requirement from any exterior side lot line *, except for mini - storage units in which case the minimum setback is 3.0 metres*. c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 50 per cent of the lot area. d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). e. Mini - Storage Limitations i The maximum floor area is 9.3 square met r es (100 square feet) per mini - storage unit . ii Mini - storage units must be separated from a highway or from land with zoning permitting a principal residential use by a landscape screen, subject to subsection B.2.7 , not less than 2.0 metres (6.6 feet) in heig ht. BL 220

Page 57

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 57 * For Information Purposes Only – under the Highway Act Regulation, permission is required from the Ministry of Transportation and Highways to place buildings within 4.5 metres (14.8 feet)a highway right - of - way. D.3.7 Ferry Parking (FP) D.3.7.1 Permitted Uses Th e uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Ferry Parking (FP) zone : a. Permitted Principal Uses i ferry terminal parking b. Permitted Accessory Uses i commercial parki ng , for businesses located in lots legally described as lots 2 and 3, Plan VIS 2994, Section 20, Gabriola Island, Nanaimo District D.3.7.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Ferry Parking (FP) zone : a. Permitted Buildings and Structures i Parking kiosks, not exceeding 4.0 metres (13.1 feet) in height and 5.0 square metres (53.8 square feet) combined floor area. ii Parking lot structures, not exceeding 1.0 metre (3.3 feet) in height, except for sign, which may not exceed 4.0 metres (13.1 feet) in height D.3.7.3 Regulations The general regulations in Part B , plus the following regulations apply in the Ferry Parking (FP) zone : a. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 0.5 percent of the lot area . b. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). c. Additional Regulations i A parking area must be separated from a highway or from land with zoning permitting a principal residential use by a landscape screen, subject to subsection B.2.7 , not less than 2.0 metres (6.6 feet) in height. ii A parking area must be compacted gravel or hard - surface and adequately drained. iii All lighting to illuminate a parking area must be deflected towards the lot surface.

Page 58

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 58 D.3.8 Tourist C ommercial 1 (TC1) D.3.8.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Tourist Commercial 1 (TC1) zone : a. Permitted Principal Uses i tourist accommodati on ii land oriented marina facilities iii restaurant iv tackle sales v general store , excluding the sale of liquor and other alcoholic goods(however, general store, including the sale of liquor and other alcoholic goods, is a permitted principal use on lands shown on Schedule C, Map 17) vi marine fuel sales vii boat charters and rentals viii retail sale of liquor and other alcoholic goods, on lands shown on Schedule C, Map 10 and Map 17 b. Permitted Accessory Uses i single family residential , on lot s 0.2 hectares (0.5 acres) or larger ii studios for the creation and sale of arts and crafts iii outdoor and indoor recreation facilities accessory to tourist accommodation or marina facilities iv licensed liquor establishment accessory to a principal tourist accommodation use v l imited public market , subject to Subsection B.6.2 vi campsites D.3.8.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buil dings and structures and no others are permitted in the Tourist Commercial 1 (TC1) zone : a. Permitted Buildings and Structures i Hotels, motels, lodges, Inns, cabins, and campsites to a maximum of 13 tourist accommodation units or campsites per hectare (5.26 units per acre) and a maximum of 30 tourist accommodation units or campsites per lot or where there are one or more or more adjacent TC1 lots, per this group of lots; and . ii Maximum of:  one accessory dwelling unit per lot , on lot s 0.2 hectares (0.5 acres) or larger; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit on lot s 0.2 hectares (0.5 acres) or larger. iii Other non - residential buildings and structures for the permitted uses set out in this zone D.3.8.3 Regulations The general regulations in Part B , plus the following regulations apply in the Tourist Commercial 1 (TC1) zone : a. Buildings and Structure Height Limitations BL 309 June/2021 BL 2 79 BL 220, 212 BL 309 June/2021

Page 59

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 59 i The maximum height of buildings and structures is 9.0 metres (29.5 feet) . b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures , except for a sign, fence , or pump/utility house is:  6.0 metres (19.7 feet) from any lot line; and  3.0 metres (9. 8 feet) from another building sited on the same lot . ii The minimum setback for campsites is 6.0 metres (19.7 feet) from any lot line. c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is 40 percen t of the lot area . ii The maximum floor area ratio is 0.20 . d. Lot Area Requirements for Subdivision i The minimum average lot area and the minimum lot area is 0.5 hectares (1.24 acres). e. Other Regulations i The maximum size of a tourist accommodation uni t :  in a building containing multiple tourist accommodation units is 37.2 square metres (400.4 square feet) in floor area; and  in a detached building containing a single tourist accommodation unit is 65.0 square metres (699.7 square feet) in floor area . ii . Cooking facilities are only permitted in tourist accommodation units located in a detached building containing less than three tourist accommodation unit s . iii No tourist accommodation unit may be:  occupied by any person continuously or within a year for m ore than six months; or  occupied by a unit owner for more than 45 days in a calendar year and more than 29 continuous days. iv No campsite may:  be occupied by any person consecutively or cumulatively within a year for more than 60 days; or  have a tent, tent - trailer or camper vehicle on a campsite for more than 60 days in a calendar year. v Licensed liquor establishments are allowed only in conjunction with a hotel, motel, inn or lodge having a minimum of four tourist accommodation units , except on lands shown on Schedule C, Map 10 . D.3.9 Tourist Commercial 2 - Campground (TC2) D.3.9.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Tourist Commercial 2 – Campground (T C2) zone : a. Permitted Principal Uses i campground BL 210 BL 212 BL 2 79

Page 60

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 60 b. Permitted Accessory Uses i single family residential ii retail sales , excluding the sale of liquor iii campground office use D.3.9.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Tourist Commercial 2 – Campground (TC2) zone : a. Permitted Buildings and Structures i Maximum of  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Buildings and structures for retail and food sales not exceeding 200 square metres (2,152.9 square feet) of combined floor are a. iii Other non - residential buildings and structures for the permitted uses set out in this zone. D.3.9.3 Regulations The general regulations in Part B , plus the following regulations apply in the Tourist Commercial 2 – Cam pground (TC2) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) . b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is:  6.0 metres (19.7 feet) from the front lot line;  4.5 metres (14.8 feet) from any exterior side lot lines;  1.5 metres (4.9 feet) from any interior lot lines; and  3.0 metres (9.8 feet) from another building sited on the same lot . ii The minimum setback for campsites is 10.0 metres (32.8 feet) from any lot line. c. Lot Coverage and Floor Area Ratio Limitations i The maximum combined lot coverage by buildings and structures is two percent of the lot area . ii The maximum floor area ratio is 0.01. d. Lot Area Requirements for Subdivision i The minimum average lot area is 16.0 hectares ( 39.5 acres). ii The minimum lot area is 2.0 hectares (4.95 acres). e. Campground Regulations i The maximum number of campsites is 10 per 1.0 hectare ( 4 per acre).

Page 61

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 61 ii A tent, tent - trailer, camper vehicle, or recreation vehicle is only permitted on a campsite a maximum of 60 days in a calendar year. iii No campsite may be occupied by any person consecutively or cumulatively within a year for more than 60 da ys. D.3.10 Industrial - Light (I) D.3.10.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Industrial - Light (I) zone : a. Permitted Principal Uses i light Industry not requiring sanitary sewer for disposal of industrial wastes ii warehousing and storage iii contractors’ workshops, offices and storage area iv hydro - electric power generation b. Permitted Accessory Uses i single family residential ii sale of products manufactured, processed, assembled or repaired on the lot D.3.10.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in th e Industrial - Light (I) zone : a. Permitted Buildings and Structures i Maximum of:  two industrial buildings per lot;  one accessory dwelling unit per lot; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. D.3.10.3 Regulations The general regulations in Part B , plus the following regulations apply in the Industrial – Light (I) zone : a. Buildings and Structure Height Limitations i The maximum height of a si ngle family dwelling , and buildings and structures accessory to the dwelling unit is 9.0 metres (29.5 feet). ii The maximum height of all other buildings and structures is 12.0 metres (39.4 feet) . b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is 10.0 metres (32.8 feet) from any lot line . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 50 percent of the lot area. ii T he maximum floor area ratio is 0.35 .

Page 62

Gabriola Island Land Use Bylaw No. 177 - Schedule A Commercial and Industrial Zones Words shown in Italics are defined in Part G Page 62 d. Lot Area Requirements for Subdivision i The minimum average lot area and minimum lot area is 1.0 hectare (2.47 acres) . e. Other Regulations i The maximum floor area used for the sale of products manufactured, proces sed, assembled or repaired on the property is 10 percent of the total floor area of the buildings used for manufacturing, processing, assembly and repairing. ii All materials stored on the lot must be stored in buildings or in outdoor storage yards enclosed by a landscaped screen, subject to Subsection B.2.7 , not less than 2.0 metres (6.6 feet) in height. iii No toxic, noxious, explosive, odorous or radioactive materials may be stored in an outdoor storage yard.

Page 63

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 63 D.4 RECREA TION AND INSTITUTIONAL ZONES D.4.1 Parks 1 – Provincial and Regional Park (P1) D.4.1.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Parks 1 - Provincial and Reg ional Park (P1) zone : a. Permitted Principal Uses i provincial parks ii regional parks iii campground, on lands shown on Schedule C, Map 16 iv special events under permit by the Regional District of Nanaimo or BC Parks b. Permitted Accessory Uses i caretaker reside nce, on lands shown on Schedule C, Map 16 ii retail sales and rentals, excluding the sale of liquor, on lands shown on Schedule C, Map 16 iii campground office use, on lands shown on Schedule C, Map 16 D.4.1.2 Buildings and Structures The buildings and structures p ermitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Parks 1 – Provincial and Regional Park (P1) zone : a. Permitted Buildings and Structures i Buildings and st ructures to accommodate provincial parks , regional parks and ecological reserves. ii Buildings and structures to accommodate campground office uses, retail sales and rentals not exceeding 200 square metres (2,152.9 square feet) of combined floor area , on l an ds shown on Schedule C, Map 16 iii Maximum of one caretaker residence , on la nds shown on Schedule C, Map 16 iv temporary structures for special events under permit by the Regional District of Nanaimo or BC Parks D.4.1.3 Regulations The general regulations in Part B , plus the following regulations apply in the Parks 1 – Provincial and Regional Park (P1) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 7.5 metres (24.6 feet) . b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except for a sign, fence , or pump/utility house is 15.0 metres (49.2 feet) from any lot line . ii The minimum setback for campsites is 10.0 metres (32.8 feet) from any lot line . BL 272 BL 272 BL 272

Page 64

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 64 c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is two percent of the lot area . d. Other Regulations i Despite Section B.6.4, a travel trailer or recreational vehicle may be used for a caretak er residence and may be used without a principal dwelling unit on the lot. ii The maximum number of campsites is 10 per 1.0 hectares (4 per acre). iii Despite section B.6.4.2, a tent, tent - trailer, camper vehicle, or recreation vehicle is only permitted on a ca mpsite a maximum of 60 days in a calendar year. iv Despite section B.6.4.2, no campsite may be occupied by any person, consecutively or cumulatively within a year, for more than 60 days. D.4.2 Parks 2 – Passive Recreation Community Parks (P2) D.4.2.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Parks 2 – Passive Recreation Community Park (P2) zone : a. Permitted Principal Uses i passive outdoor recreational activitie s, including walking, hiking, and nature appreciation ii special events under permit by the Regional District of Nanaimo D.4.2.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Parks 1 - Passive Recreation Community Park (P2) zone : a. Permitted Structures i Structures to accommodate passive outdoor recreational activities. b. Prohibited Buildings i Subject to Article B.1.1.2 , all buildings are prohibited . D.4.2.3 Regulations The general regulations in Part B , plus the following regulations apply in the Parks 2 – Passive Recreation Community Park ( P2) zone : a. Buildings and Structure Height Limitations i The maximum height of building and structures is 5.0 metres (16.4 feet). b. Buildings and Structures Siting Requirements i The minimum buildings and setback for structures except a sign, fence , or pum p/utility house is 4.5 metres (14.8 feet) from any lot line . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is one percent of the lot area. BL 272 BL 272

Page 65

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 65 D.4.3 Parks 3 – Active Recreation Community Park (P3) D.4.3.1 Permitted Uses T he uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Parks 3 - Active Recreation Community Park (P3) zone : a. Permitted Principal Uses i active recreational activities includ ing tot lot s , and playground equipment ii outdoor sport facilities including ball diamonds, tennis and basketball courts, swimming pool and playing fields iii indoor sport facilities including swimming pool , gymnasium, and courts for racket sports iv special events under permit by the Regional District of Nanaimo b. Permitted Accessory Uses i concessions ii offices D.4.3.2 Buildings and Structures The buildings and structures permitted in Article B.1 .1.2 , plus the following buildings and structures and no others are permitted in the Parks 3 - Active Recreation Community Park (P3) zone : a. Permitted Buildings and Structures i Buildings and structures to accommodate active recreational activities, outdoor sport facilities, indoor s port facilities, concessions and offices. D.4.3.3 Regulations The general regulations in Part B , plus the following regulations apply in the Parks 3 – Active Recreation Community Park (P3) zone : a. Buildings and Structure H eight Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) . b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility house is 6.0 metres (19.7 f eet) from any lot line . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area . D.4.4 Institutional 1 (IN1) D.4.4.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Institutional 1 (IN1) zone : BL 272 BL 222

Page 66

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 66 a. Permitted Principal Uses i public assembly and recreation ii personal care facilities , except on land shown on Schedule C, Map 13 iii library , except o n land shown on Schedule C, Map 13 iv museum , except on land shown on Schedule C, Map 13 v child day care centre and pre - schools vi recreation camp on lands as Shown on Schedule C, Map 6 vii recycling centre and associated retail sale of used items on lands as shown on Schedule C, Map 7 viii cemetery on lands as shown on Schedule C, Map 8 ix community resource centre b. Permitted Accessory Uses i limited public market , subject to Subsection B.6.2 D.4.4.2 Buildings and Structures T he buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Institutional 1 (IN1) zone : a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone . ii repair and processing of used items into usable goods for sale associated with a recycling centre, on lands as shown on Schedule C, Map 7 D.4.4.3 Regulations The general regulations in Part B , plus the following regulations apply in the Institutional 1 (IN1) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) . b. Buildings and Structure s Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility house is 6.0 metres (19.7 feet) from any lot line. c. Lot Coverage and floor area l imitations i The maximum combined lot coverage by buildings an d structures is 20 percent of the lot area . ii On lands shown on Schedule C, Map 13, the maximum combined floo r area of buildings and structures is 1, 858 square metres d. Lot Area Requirements for Subdivision i The minimum average lot a rea is 1.0 hectare (2.4 7 acres) ii The minimum lot area that is 0.5 hectares (1.24 acres) BL 222 BL 2 79 BL 310

Page 67

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 67 D.4.5 Institutional 2 (IN2) D.4.5.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Institutiona l 2 (IN2) zone : a. Permitted Principal Uses i public schools ii emergency services iii library iv post office v medical laboratory vi government offices vii highway work yards viii urgent care medical clinic ix child care centre and pre - school b. Permitted Accessory Uses i li mited public market , subject to Subsection B.6.2 D.4.5.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and st ructures and no others are permitted in the Institutional 2 (IN2) zone : a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone . D.4.5.3 Regulations The general regulations in Part B , plus the following regulations apply in the Institutional 2 (IN2) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility house is 6.0 metres (19.7 feet) from any lot line . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot a rea . d. Lot Area Requirements for Subdivision i The minimum average lot area is 1.0 hectare (2.47 acres). ii The minimum lot area is 0.5 hectares (1.24 acres).

Page 68

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 68 D.4.6 Institutional 3 (IN3) D.4.6.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Institutional 3 (IN3) zone :

Page 69

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 69 a. Permitted Principal Uses i public assembly and recreation ii personal care facilities iii museum iv public schools v emergency services vi library vii post office viii medical laboratory ix government offices x highway work yards xi urgent care medical clinic xii child care centre and pre - school b. Permitted Accessory Uses i limited public market , subject to Subsection B.6.2 D.4.6.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Institutional 3 (IN3) zone : a. Permitted Build ings and Structures i Buildings and structures for the permitted uses set out in this zone. D.4.6.3 Regulations The general regulations in Part B , plus the following regulations apply in the Institutional 3 (IN3) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet) . b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility house is 6.0 metres (19.7 feet) from any lot line . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area . d. Lot Area Requirements for Subdivision i The minimum average lot area is 1.0 hec tare (2.47 acres). ii The minimum lot area is 0.5 hectares (1.24 acres).

Page 70

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 70 D.4.7 Institutional 4 (IN4) D.4.7.1 Permitted Uses The uses permitted in Article B.1.1.1, plus the following uses and no others are permitted in the Institutional 4 (IN4) zone: a. Permitted Prin cipal Uses i urgent care medical clinic b. Permitted Accessory Uses i medical office c. Associated Uses Ambulance station is a permitted use when urgent care medical clinic uses, buildings and structures are occurring, but does not have to be exclusively d evoted to permitted principal uses. For clarification, the Gabriola Island Land Use Bylaw defines “principal” and “accessory” as: “accessory” in relation to a use, building or structure means ancillary, secondary and exclusively devoted to a principal u se, building or structure, expressly permitted by this Bylaw on the same lot or, where the accessory use is located on common property in a bare land strata plan, on a strata lot in the same strata plan; “principal” in relation to use, building, or structu re means the main or primary use, building or structure; D.4.7.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2, plus the following buildings and structures and no others are permitted in the Institutional 4 (IN4) zone: a. Permi tted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone, including an emergency helicopter pad. D.4.7.3 Regulations The general regulations in Part B, plus the following regulations apply in the Institutional 4 (IN4) zo ne: a. Buildings and Structure Height Limitations i The maximum height of buildings and structures is 9.0 metres (29.5 feet). b. Buildings and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility house is 6.0 metres (19.7 feet) from any lot line . c. Lot Coverage Limitations i The maximum combined lot coverage by buildings and structures is 20 percent of the lot area. BL 261

Page 71

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 71 d. Lot Area Requirements for Subdivision i No subdivision is permitted in the In stitutional 4 (IN4) zone. ii In spite of the above, the IN4 zoned area of the South ½ of the Northwest ¼ of Section 19, Gabriola Island, Nanaimo District may be subdivided from the Forestry zoned area as shown on Map 15, Schedule C. e. Additional Regulations i A parking area must be separated from the roadway by a landscape screen, subject to subsection B.2.7, not less than 2.0 metres (6.6 feet) in height . D.4.8 Yacht Club Outstation - Upland (YC) For Information Purposes Only - The marine portion of the Yacht Club Outstation is zoned WYC. See Subsection D.5.11 Water Yacht Club Outstation (WYC) . D.4.8.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Yacht club outstation (YC) zone : a. Permitted Principal Uses i upland - based yacht club outstation b. Permitted Accessory Uses i single family residential D.4.8.2 Buildings and Structures The buildings and structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Yacht Club Outstation (YC) zone : a. Permitted Buildings and Structures i Maximum of:  one clubhouse;  one accessory dwelling unit; and  three buildings per lot that exclude a pump/utility house and woodshed, and that are accessory to the dwelling unit. ii Other buildings and structures for non - residential permitted uses set out in this zone. D.4.8.3 Regulations The general regulations in Part B , plus the following regulations apply in the Yacht Club Outstation (YC) zone : a. Buildings and Structure Height Limitations i The maximum height of buildings and s tructures is 9.0 metres (29.5 feet) b. Building and Structures Siting Requirements i The minimum setback for buildings or structures except a sign, fence , or pump/utility house is 6.0 metres (19.7 feet) from any lot line .

Page 72

Gabriola Island Land Use Bylaw No. 177 - Schedule A Recreation and Institutional Zones Words shown in Italics are defined in Part G Page 72 c. Lot Coverage Limitations i The max imum combined lot coverage by buildings and structures is 2.5 percent of the lot area . d. Lot Area Requirements for Subdivision i The minimum average lot area is 8.0 hectares (19.77 acres). ii The minimum lot area tha t is 4.0 hectares (9.88 acres)

Page 73

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 73 D.5 WATER ZONE S D.5.1 Water General (WG) D.5.1.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water General (WG) zone : a. Permitted Principal Uses i boat and seaplane moorage , dockage , and boat launching facilities used for non - commercial purposes and associated with upland residential uses on Gabriola Island ii marine navigation aids iii non - commercial boat launching facilities D.5.1.2 Structures The structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water General (WG) zone : a. Permitted Structures i Moorage buoys, floats, wharves, docks and other structures for the permitted uses set ou t in this zone . D.5.1.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water General (WG) zone : a. Structure Height Limitations i The maximum height of:  floating structures is 3.0 m etres (9.8 feet) above the water surface; and  structures fixed to the bed of the sea is 5.0 metres (16.4 feet) above the high high water mark. b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot li ne , lease line or extension of an upland side lot line , with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. c. Prohibitions i No buildings are permitted in this zone ii No float, wharf, dock, or other structure permitted in this zone may be used for a commercial or industrial use. BL 2 79

Page 74

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 74 D.5.2 Water Commercial 1 - Marina (WC1) D.5.2.1 Permitted Principal Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Commercial 1 – Marina (WC1) zone : a. Permitted Principal Uses i marinas ii marine fuel sales iii boat sales and rental iv public wharves v moorage and dockage for water taxis and fishing boats vi moorage and dockage for seaplanes on lands legally described as Crown Water Lot L. 294 and on lands as shown on Schedule C , Map 9 vii marine na vigation aids D.5.2.2 Buildings and Structures The structures permitted in Article B.1.1.2 , plus the following buildings and structures and no others are permitted in the Water Commercial 1 – Marina (WC1) zone : a. Permitted Buildings and Structures i Mooring buoys, floats, wharves, docks and other structures for the permitted uses set out in this zone . ii Buildings used for marine fuel sales and for seaplane dockage D.5.2.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Commercial 1 – Marina (WC1) zone : a. Buildings and Structure Height Limitations i The maximum height of:  floating structures is 3.0 metres (9.8 feet) above the water surface; and  buildings and structures fixed to the bed of the sea is 5.0 metres (16.4 feet) above the high high water mark. b. Buildings and Structures Siting Requirements i The minimum setback for buildings and structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line , with the e xception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. c. Residential Use of Vessels i Not more than three vessels in any area within this zone or contiguous areas in this zone may be used for the purposes of a residence, subject to shore - based facilities are provided for disposal of sewage in compliance with the “Health Act” and attendant Regulations.

Page 75

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 75 D.5.3 Water Commercial 2 - Mariculture (WC2) D.5.3.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Commercial 2 – Mariculture (WC2) zone : a. Permitted Principal Uses i bottom - culture mariculture ii marine navigation aids D.5.3.2 Structures The buildings and structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Commercial 2 – Mariculture (WC2) zone : a. Permitted Structures i Structu res required for:  bottom culture mariculture, including nets, anchor pins and sacks ; and  public parks, ecological reserves and marine navigation aids . D.5.3.3 Regulations The general regulations in Part B , plus the fo llowing regulations apply in the Water Commercial 2 - Mariculture (WC2) zone : a. Structure Height Limitations i The maximum height of:  floating structures , except signs designating lot or lease area boundaries, is 1.0 metre (3.3 feet) above the water surfa ce; and  structures fixed to the bed of the sea is 1.0 metre (3.3 feet) above the high high water mark. b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upl and side lot line , with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is a 7.5 metre (24.6 feet) minimum setback . c. Prohibitions i No buildings are permitted in this zone . D.5.4 Wa ter Commercial 3 - Marine Transportation (WC3) D.5.4.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Commercial 3 – Marine Transport (WC3) zone : a. Pe rmitted Principal Uses i ferry dock ii public moorage and dockage iii public wharves

Page 76

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 76 iv marine navigation aids D.5.4.2 Structures The structures permitted in Article B.1.1.2 , plus the following structures and no others are p ermitted in the Water Commercial 3 – Marine Transport (WC3) zone : a. Permitted Structures i Structures required for the permitted uses set out in this zone . D.5.4.3 Regulations The general regulations in Part B , plus the fol lowing regulations apply in the Water Commercial 3 – Marine Transport (WC3) zone : a. Structure Height Limitations i The maximum height of:  floating structures is 10.0 metres (32.8 feet) above the water surface; and  structures fixed to the bed of the sea is 10.0 metre (32.8 feet) above the high high water mark. b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line , with the exception of a lot lin e or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. c. Prohibitions i No buildings are permitted in this zone D.5.5 Water Industrial 1 - Shipyard (WI1) D.5.5.1 Permitted Uses The uses permitted i n Article B.1.1.1 , plus the following uses and no others are permitted in the Water Industrial 1 - Shipyard (WI1) zone : a. Permitted Principal Uses i boat building and repair, including a boat building school ii marin e navigation aids D.5.5.2 Structures The buildings and structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Industrial 1 – Shipyard (WI1) zone : a. Permitted Buildings and Structures i Buildings and structures for the permitted uses set out in this zone. D.5.5.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Industrial 1 – Shipy ard (WI1) zone : a. Buildings and Structure Height Limitations

Page 77

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 77 i The maximum height of:  floating structures , except signs designating lot or lease area boundaries, is 3.0 metres (9.8 feet) above the water surface; and  buildings and structures fixed to the bed of the sea is 10 metres (32.8 feet) above the high high water mark. b. Buildings and Structures Siting Requirements i The minimum setback for buildings and structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland s ide lot line , with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. D.5.6 Water Industrial 2 - Log Storage (WI2) D.5.6.1 Permitted uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Industrial 2 – Log Storage (WI2) zone : a. Permitted Principal Uses i log storage ii marine navigation aids D.5.6.2 Structures The structures permi tted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Industrial 2 – Log Storage (WI2) zone : a. Permitted Structures i Pilings for the permitted uses set out in this zone . D.5.6.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Industrial 2 – Log Storage (WI2) zone : a. Structure Height Limitations i The maximum height of structures is 5.0 met res (16.4 feet) above the high high water mark. b. Prohibitions i No buildings are permitted in this zone D.5.7 Water Industrial 3 – Bulk Material Transport (WI3) D.5.7.1 Permitted uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Industrial 3 – Bulk Material Transport (WI3) zone :

Page 78

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 78 a. Permitted Principal Uses i barge unloading/loading ii log dump iii marine navigation aids D.5.7.2 Structures The structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Industri al 3 – Bulk Material Transport (WI3) zone : a. Permitted Structures i Docks, ramps, floats, pilings and mooring buoys associa ted with barge unloading and loading. ii Pilings, dolphins, mooring buoys, floats, cribbing, and spillways associated with dumping, sortin g, booming and storing of logs. D.5.7.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Industrial 3 – Bulk Material Transport (WI3) zone : a. Structure Height Limitations i The maximum height of:  floating structures , except signs designating lot or lease area boundaries, is 3.0 metres (9 .8 feet) above the water surface; and  structures fixed to the bed of the sea is 5.0 metres (16.4 feet) above the high high water mark. b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) from any lot line or lease line or extension of an upland side lot line , with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. c. Prohibitions i No buildings are permitted in this z one. D.5.8 Water Protection 1 (WP1) D.5.8.1 Permitted Uses The uses permitted in Article B.1.1 .1 , plus the following uses and no others are permitted in the Water Protection 1 (WP1) zone : a. Permitted Principal Uses i boat moorag e , dockage , and boat launching facilities used for non - commercial purposes and associated with upland residential uses on Gabriola Island. ii marine navigation aids iii non - commercial boat launching facilities BL 2 79 BL 2 79

Page 79

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 79 D.5.8.2 Structures The structures permitted in Articl e B.1.1.2 , plus the following structures and no others are permitted in the Water Protection 1 (WP1) zone : a. Permitted Structures i Floats, wharves, docks, mooring buoys, and other structures for the permitted use s set out in this zone . D.5.8.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Protection 1 (WP1) zone : a. Structure Height Limitations i The maximum height of:  floating stru ctures is 1.0 metres (3.3 feet) above the water surface; and  structures fixed to the bed of the sea is 3.0 metres (9.8 feet) above the high high water mark. b. Structures Siting Requirements i The minimum setback for structures is 3.0 metres (9.8 feet) f rom any lot line , lease line or extension of an upland side lot line , with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. c. Prohibitions i No buildings are permitted in this zone . ii No float, wharf, dock, mooring buoys, or other structure permitted in this zone may be used for a commercial or industrial use. D.5.9 Water Protection 2 - Park (WP2) D.5.9.1 Permitted Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Protection 2 – Park (WP2) zone : D.5.9.2 Permitted Principal Uses i boat moorage and boat launching facilities used for non - commercial purposes and associated with park uses ii marine navigation aids D.5.9.3 Structures The structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Protection 2 – Parks (WP2) zone : a. Permitted Stru ctures i Floats, mooring buoys and other structures , excluding wharves and docks, for the permitted uses set out in this zone .

Page 80

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 80 D.5.9.4 Regulations The general regulations in Part B , plus the following regulations apply i n the Water Protection 2 - Park (WP2) zone : a. Structure Height Limitations i The maximum height of:  floating structures is 1.0 metres (3.3 feet) above the water surface; and  structures fixed to the bed of the sea is 3.0 metres (9.8 feet) above the high hi gh water mark. b. Structures Siting Requirements i The minimum setback for structure is 3.0 metres (9.8 feet) from any lot line , lease line or extension of an upland side lot line , with the exception of a lot line or lease line that defines the boundary betwe en the sea and the adjacent upland in which case there is no minimum setback. c. Prohibitions i No buildings are permitted in this zone. ii No float, mooring buoys or other structure permitted in this zone may be used for a commercial or industrial use. D.5.10 Water Protection 3 - Lake (WP3) D.5.10.1 Permitted Principal Uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Protection 3 – Lake (WP3) zone : a. Permitted Principal Uses i water storage D.5.10.2 Structures The structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Protection 3 – Lake (WP3) zone : a. Permitted Structures i Impoundm ent and pumping equipment. D.5.10.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Protection 3 – Lake s (WP3) zone : a. Prohibitions i No buildings are permitted in this zone . D.5.11 Water Yacht Club Outstation (WYC) D.5.11.1 Permitted uses The uses permitted in Article B.1.1.1 , plus the following uses and no others are permitted in the Water Yacht Club Outstation (WYC) zone :

Page 81

Gabr iola Island Land Use Bylaw No. 177 - Schedule A Water Zones Words shown in Italics are defined in Part G Page 81 a. Permitted Principal Uses i moorage and dockage associated with yacht club outstation use ii marine navigation aids D.5.11.2 Structures The structures permitted in Article B.1.1.2 , plus the following structures and no others are permitted in the Water Yacht Club Outstation (WYC) zone : a. Permitted Structures i Mooring buoys, wharves, docks, floats, buoys and ramps for the permitted uses set out in this zone . D.5.11.3 Regulations The general regulations in Part B , plus the following regulations apply in the Water Yacht Club Outstation (WYC) zone : a. Structure Height Limitations i The maximum height of:  floating structures , except signs designating lot or lease area boundaries, is 3.0 metre (9.8 feet) above the w ater surface; and  of structures fixed to the bed of the sea is 5.0 metre (16.4 feet) above the high high water mark. b. Structures Siting Requirements i T the minimum setback for structures is 3.0 metres (9.8 feet) from any lot line , lease line or extensi on of an upland side lot line , with the exception of a lot line or lease line that defines the boundary between the sea and the adjacent upland in which case there is no minimum setback. c. Prohibitions i No buildings are permitted in this zone .

Page 82

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 82 Part E - SUBDIVIS ION E.1 GENERAL E.1.1 Compliance with Zoning and the Minimum a nd Average Lot Area E.1.1.1 Except as provided for in Section E.1.5, no lot may be created by subdivision that does not comply with the regulations contained in Part D of this bylaw or that renders an existin g use, building or structure non - conforming with respect to a siting or density provision of this Bylaw. E.1.1.2 Every subdivision must comply with applicable minimum and average lot areas specified by this Bylaw and for that purpose the average lot area of the p roposed subdivision is the sum of the areas of the proposed lot s divided by the number of proposed lot s , as follows: Total Area of Lot s to be Subdivided divided by Number of Proposed Lot s must equal or exceed Applicable Minimum Average Lot Area E.1.1.3 Notwiths tanding Section E.1.1.1 and in addition to any other subdivision that may be permitted pursuant to this Bylaw, the following subdivisions are permitted: a. any lot that is split by a highway or by another lot into por tions, each of which is 0.5 hectares (1.24) or more in area and each of which was in existence on January 1, 1980, may be subdivided such that the sole effect of the subdivision is to create a single parcel from each of these portions; b. any lot that is sp lit by a highway or by another lot into portions, each of which is 1.0 hectare (2.47 acres) or more in area and each of which was in existence on July 1, 1999 may be subdivided such that the sole effect of the subdivision is to create a single parcel from each of these portions ; and c. parcel "A" (DD 73819I), Section 22, Gabriola Island, Nanaimo District, except Plan 45400 [PID 004 - 046 - 790] , which is split by a highway into two portions, may be subdivided such that the sole effect of the subdivision is to cre ate a total of two parcels. E.1.1.4 When a lot created by boundary adjustment exceeds the minimum areas required for accessory uses in Part D, then such lots created are permitted those accessory uses. B L 250 BL 250

Page 83

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 83 E.1.2 Average Lot Areas E.1.2.1 For the purposes of determining complia nce with average lot area regulations set out in Part D of this Bylaw, land dedicated in excess off the maximum amount of parkland required to be dedicated under Section 941 of the “Municipal Act” may be included in the in the area used to calculate the number of lot s permitted and their average area. E.1.3 Covenant Against Further Subdivision and Development E.1.3.1 When a subdivision is proposed that yields the maximum number of lots permitted by the applicable average lot are as specified by this Bylaw and one or more of the lots being created has an area equal to or greater than twice the applicable average lot area, the applicant must grant a covenant complying with Subsection A.2.5 of this Bylaw and in a form complying with Appendix E, in respect of every such lot prohibiting further subdivision of the lot. E.1.3.2 Where a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable average lot areas s pecified by this Bylaw, and: a. one or more of the lot s being created has an area equal to or greater than twice the applicable average lot area; and b. one or more of the lot s being created has an area less than the applicable average lot area; c. the applicant must grant a covenant complying with Subsection A.2.5 of this Bylaw, and in a form complying with Appendix E, in respect of every lot in Clause E.1.3.2a prohibiting the fur ther subdivision of the lot so that a greater total number of lot s is not created than would have been created had the previous subdivision created the maximum number of lot s permitted by the applicable minimum and average lot areas specified by this Bylaw .

Page 84

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 84 E.1.3.3 Where the approval of a bare land strata plan creates common property on which this Bylaw would permit the construction of a residential dwelling unit if the common property were a lot , the applicant must grant a covenant complying with Subsection A.2.5 of this Bylaw, and under s.219 of the Land Title Act in favour of the Gabriola Island Local Trust Committee , in respect of the common property prohibiting the further subdivision of the common property, the constr uction of any dwelling unit on the common property, and the disposition of the common property separately from the strata lots . E.1.4 Lots Divided By Zone Boundary E.1.4.1 In the case of subdivisions where the lot being subdivided is split by a zone boundary (split - zo ne d), no additional lot may be created with an increased number of zones . E.1.4.2 Where a lot proposed to be subdivided is split by a zone boundary (split - zone d), a separate calculation of the number of permitted lots must be made for each portion and no lot ma y be created in respect of any fractional area res ulting from such a calculation. E.1.5 Exceptions E.1.5.1 The lot area requirements of Part D do not apply to: a. a lot being created solely for the purpose of locating unattended equipment necessary for the operation of a water or sewer system, an automatic telephone exchange, an electrical substation, a pump/utility house , air or marine navigation aids, or similar public service facility or utility, provided a covenant complying w ith Subsection A.2.5 is provided restricting the use to that for which the exemption from the lot area requirement was based; b. a lot being created for an ecological reserve or public park; c. a lot being created by t he consolidation of two or more lot s into a single lot ; d. a lot being created for the provision of a residence for a relative under Section 946 of the “Municipal Act”, provided that the land being subdivided (the parent lot ) is: i within the Forest (F) zon e, and has not previously been subdivided under Section 946 of the “Municipal Act” and has a minimum lot area of 60 ha*; or ii within the Agriculture (AG) zone, is in the Agricultural Land Reserve* and has not been subdivided under Section 946 of the “Munic ipal Act” within the previous 5 years; or iii within the Agriculture (AG) zone, is not in the Agricultural Land Reserve and has not been previously subdivided under Section 946 of the “Municipal Act” and has a minimum lot area of 8.0 hectares (19.77 acres)*; or iv within any other zone, has not previously been subdivided under Section 946 of the “Municipal Act” and has a minimum lot area of 80 hectares (197 . 7 acres)*; e. a subdivision created solely for the purpose of adding natural accretion to a lot ; f. a subd ivision created solely for the purpose of dedicating land to the Crown; or BL 250 BL 200 BL 215 BL 293 June/2018

Page 85

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 85 g. a lot created for access purposes for lot s not fronting on a highway under Section 11(1)(b) of BC Reg. 334/79. h. a lot being created by a boundary adjustment, provided that: i no a dditional lots are created or any lot is not increased in area to an extent that more lots could be created than permitted by the minimum average lot area of this Bylaw prior to the boundary adjustment; ii no lot already below the minimum lot area for the zo ne is reduced in area by more than five percent of its area; and iii no lot at or above the minimum lot area for the zone is reduced in area by more than 10 percent of that minimum area. For Information Purposes Only - See “Municipal Act, Section 946, Subdiv ision to Provide Residence for a Relative” for specific requirements E.1.6 Lot Configuration Regulations E.1.6.1 No panhandle lots may be created by a plan of subdivision within land zoned for commercial, industrial or multiple family use; any panhandle portion of a lot created in other zones must have a minimum width of 10.0 metres (32.8 feet). E.1.6.2 Additional non - contiguous (split) lots capable of further subdivision under the lot area requirements of this Bylaw may not be created. E.1.6.3 No lot may be created with a maximum depth exceeding five times the average width. E.1.6.4 Pursuant to Section 941(1) of the “Municipal Act”, the highway frontage of any lot in a proposed subdivision must be at least ten percent of its perimeter unless waived by the Gabriola Island Local Trust Comm ittee under Section 941(2) of the “Municipal Act”. For information Purposes Only - Notwithstanding other provisions of this Bylaw and in exceptional circumstances only, the Approving Officer may permit a reduction of not greater than 5 per cent in the av erage and minimum lot areas stated in Part D of this bylaw, provided that in other respects the subdivision complies with this Bylaw and the Approving Officer is satisfied that it would be in the public interest and not injuriously affect the established amenities of adjoining or adjacent properties. E.1.7 Disposal of Sewage E.1.7.1 For each lot proposed to be created by subdivision, the applicant must demonstrate an area of land having sufficient area and appropriate charac teristics to satisfy the “Heath Act - Sewage Disposal Regulations”, for conventional septic tank or package treatment plant sewage disposal systems in respect of permitted buildings , structures and uses. E.1.7.2 No sewage may be disposed of by means of discharge to a watercourse or the sea . E.1.7.3 If it is proposed that sewage disposal will be located on a lot other than that on which it was generated, the applicant of the proposal much register against title on which the sewage disposal is to be allocated: a. an easeme nt in favour of each lot to which sewage is generated and disposed; and BL 215 BL 212

Page 86

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 86 b. a statutory right - of - way in accordance with Subsection A.2.5 in favour of the Gabriola Island Local Trust Committee on lots in which sewage is to be disposed. E.1.8 Water Supply Rep ealed by Bylaw 215 E.1.9 Drainage Requirements E.1.9.1 Every subdivision must be designed and constructed to maximise the amount of natural drainage that is percolated into the ground and to minimise direct overland runoff. E.1.9.2 Every surface drainage system must at minim um, be connected to and conform with the design capacity of existing systems located on adjacent land in order to provide for the continued capacity of the system serving the drainage basin in which the lot to be subdivided is located. E.1.9.3 Every surface syste m must be connected to an arterial drainage system that must be located in statutory rights - of - way granted to the Crown or in dedicated highways. E.1.9.4 Every surface drainage system developed on the lot to be subdivided must be designed so that the inlet flow line elevations and the capacity of the system are such that it will be capable or will be capable of conveying the 100 year storm peak rate of runoff for the entire fully developed drainage basin which the lot to be subdivided is located. E.1.9.5 The surface dra inage system must be designed and constructed so as to minimise scouring and the erosion of ditch banks. E.1.9.6 In the case where storm water is discharged from a surface drainage system to the sea or a watercourse on or adjacent to the lot to be subdivided, th e system must be constructed and designed such that storm water is retained in storage basins for the period of time necessary to allow for the setting out of silt and other suspended solids. E.1.9.7 No watercourse or water body may be diverted, altered or used f or the purpose of conveying storm water from the lot to be subdivided except in accordance with applicable provincial statutes.

Page 87

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 87 Part F – DEVELOPMENT PERMIT AREA GUIDELINES Information Note: Development Permit Areas are designated and described in Section 9 of the Gabriola Island Official Community Plan and their locations are shown in Schedules C and D of that Plan. F.1 DP - 1 The Tunnel F.1.1 Applicability F.1.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.1.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.1.2 Guidelines Prior to undertaking any applicable development activities within DP - 1, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply: F.1.2.1 A 183 metre (600 foot) wide tree canopy and shrub buffer shall be retained along North Road, measured 90.8 metres (300 feet) on either side of the centre line of the existing right - of - way, except in the case of land in the ALR, in which case the canopy buffer shall not be less than 30 metres. F.1.2.2 Construction within the buffer area shall be limited to: a. roads b. trails and c. public utility works (within a road right - of - way) BL 266

Page 88

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 88 F.1.2.3 Where a utility corridor crosses the buffer area, the alignment shall be perpendicular to North Road so as to minimize the removal or disturbance of natural vegetation. F.1.2.4 Roads shall alter the natural vegetation as little as possible and the number of accesses to North Roa d shall be limited to two on each side of North Road. F.1.2.5 Water supply storage, utility buildings and wells shall be located outside of the tree canopy area. F.1.2.6 Trees greater than 30.4cm (12”) calliper, measured 5 feet from the ground, shall not be cut or damag ed. F.1.2.7 Where this area includes trees that bear the nests of eagles or other species of birds, a buffer area around each nest tree should be left undisturbed. The size of the buffer should be determined prior to development by a qualified professional, with advice from the Ministry of Environment or the Canadian Wildlife Service. F.2 DP - 2 Lock Bay Area F.2.1 Applicability F.2.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.2.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.2.2 Guidelines Prior to undertaking any applicable development activities within DP - 2, an owner of property shall apply to the Local Trust Committee for a development per mit, and the following guidelines apply:

Page 89

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 89 F.2.2.1 There shall be no disturbance of the vegetation or use of chemicals within 30 metres of the natural boundary of the sea except in accordance with any conditions specified in the permit. F.2.2.2 Garry oak meadows and simil ar indigenous species shall be identified and their habitats protected from disturbance. F.2.2.3 There shall be no alteration or disturbance causing a negative impact to the foreshore habitat. F.2.2.4 Buildings shall be integrated with the surrounding landscape and site d to minimize removal of vegetation. F.2.2.5 An assessment of the environmental impact, including mitigation measures required, prepared by a qualified professional, shall be required prior to any new developments or the expansion of an existing development. F.2.2.6 Exi sting trees and vegetation shall be retained along the upland area and adjacent to the foreshore in order to maintain the habitat and prevent erosion. F.2.2.7 Septic systems shall not be constructed within 30 metres of the natural boundary of a watercourse (inclu ding a body of water or the sea). F.2.2.8 Areas subject to flooding shall be subject to a 30 metre setback from the natural boundary of the sea, unless waived by the Ministry of Environment. F.2.2.9 Where this area includes trees that bear the nests of eagles or other s pecies of birds, a buffer area around each nest tree should be left undisturbed. The size of the buffer should be determined prior to development by a qualified professional, with advice from the Ministry of Environment or the Canadian Wildlife Service. F.3 DP - 3 Riparian Areas F.3.1 Definitions F.3.1.1 Terms used in Section F.3 that are defined in the provincial Riparian Areas Regulation have the same meaning as the definition given in the Regulation, as it may be amended from time to time. F.3.2 Applicability F.3.2.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.3.3.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. removal, alteration o r destruction of vegetation d. disturbance of soils e. creation of non - structural, impervious or semi - impervious surfaces f. application of artificial fertilizer, pesticides or herbicides g. any other development, as that term is defined under the provincial Ripar ian Areas Regulation

Page 90

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 90 F.3.2.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable d evelopment permit areas, is required. F.3.3 Exemptions F.3.3.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, owners must satisfy themselves that they meet any other applicable local, provincial o r federal requirements. a. for certainty, all uses that are not residential, commercial or industrial or accessory to such a use b. interior or exterior alterations, renovations, maintenance, reconstruction or repair to a pre - existing permanent building or st ructure to an extent that does not alter, extend or otherwise increase the footprint c. repair or replacement of a septic field on the same spot d. the removal of trees that have been examined by an arborist and certified to pose an immediate threat to life or property e. With the exception of nesting trees protected under Section 34 of the Wildlife Act , cutting of vegetation and trees more than 15 meters from the stream’s high water mark or the top of the ravine bank, provided the cutting is not a precursor to d evelopment, the roots/stumps are left in the ground, and the cutting does not result in land alteration f. gardening and yard maintenance activities, not involving the application of artificial fertilizer, pesticides or herbicides, within a pre - existing land scaped area , including mowing, pruning, planting, and minor soil disturbance that does not alter the general contours of the land g. manual removal of invasive species and manual planting of native vegetation conducted in accordance with best management prac tices h. pruning of not more than two trees in one growing season and that is conducted in accordance with the standards and recommendations of the International Society of Arboriculture, and that does not involve: the lift pruning of lower limbs to the exte nt that the live crown ratio is less than 50%, the removal of more than 25% of the crown in one growing season, topping, or the pruning or removal of a structural root within the critical root zone i. ecological restoration or enhancement projects undertaken or authorized by a public body j. work that is authorized by Fisheries and Oceans Canada by permit under Section 35 of the Fisheries Act k. emergency procedures to prevent, control or reduce immediate threats to life or property including: i emergency actions for flood - protection and erosion protection, ii clearing of an obstruction from a bridge or culvert or an obstruction to drainage flow, and iii repairs to bridges and safety fences carried out in accordance with the Water Act l. farm operations as defined in the Farm Practices Protection (Right to Farm) Act and farm uses as defined in Section 2(2) of the Agricultural Land Reserve Use, Subdivision, and Procedure Regulation and horticulture as defined in the Gabriola Island Land Use Bylaw 177 m. The construction of a fence if no native trees are removed and the disturbance of native vegetation is restricted to 0.5 meters on either side of the fence, or 1.5 meters on either side of the fence in agricultural areas n. The construction of a private trail if all of the follo wing apply; i The trail is 1 meter wide or less; ii No native trees are removed; iii The surface of the trail is pervious (for example, soil, gravel or wood chips) iv The trail is designed to prevent soil erosion where slopes occur; and

Page 91

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 9 1 v Where the trail parallels the stream, the trail is more than 5 meters away from the high water mark of a stream. o. Disturbance of soils more than 15 meters from the stream’s high water mark or the top of the ravine bank if the total area of soil disturbance is less than 5 meters squ ared p. The constructing of a small accessory building such as a pump house, gazebo, garden shed or playhouse more than 15 meters from the stream’s high watermark or the top of the ravine bank if the building is located within an existing landscaped area and the total area of small accessory building is less than 10 meters squared Information Note: For best management practices on manual removal of invasive species and planting of native vegetation, property owners should contact organizations such as the Inv asive Species Council of British Columbia and the Coastal Invasive Species Committee. Information Note: Some activities not listed here that are regulated under other provincial or federal legislation may not require a development permit. F.3.4 Guidelines Pri or to undertaking any applicable development activities within DP - 3, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply: F.3.4.1 In general, all development in this DPA should be undertaken in a manner that restores or maintains the proper function and condition of the riparian area, water bodies and ecosystems. Where a Qualified Environmental Professional (QEP) or other professional has made recommendations for mitigation measures, enhanceme nt or restoration in order to lessen impacts on the riparian area and ecosystems, the Local Trust Committee may impose permit conditions, including a requirement for security in the form of an irrevocable letter of credit, to ensure the restoration and/or protection of riparian areas and ecosystems is consistent with the measures and recommendations described in the report. F.3.4.2 The development permit should not allow any development activities to take place within any Streamside Protection and Enhancement Area (SPEA) identified by the QEP and the owner should be required to follow any measures identified by the QEP for protecting the SPEA over the long term and these measures should be included as conditions of the development permit. The width of the SPEA may be less than the width of the DPA. F.3.4.3 Where a QEP or other professional’s report describes an area within the DPA as suitable for development, that is, where the SPEA is less than the width of the DPA, the development permit should only allow the development to occur in compliance with the measures described in the report. Monitoring and regular reporting by a QEP or other professional at the applicant’s expense may be required during construction and development phases, as specified in a development permit. F.3.4.4 If the nature of the proposed project within the DPA changes after the professional report has been prepared such that it is reasonable to assume that the professional’s assessment of the impact of the development may be affected, the Local Trust Committ ee may require the applicant to have the professional update the assessment at the applicant’s expense and development permit conditions may be amended accordingly. F.3.4.5 The Local Trust Committee may consider variances to the subdivision, siting or size regula tions of this Bylaw where the variance may result in enhanced protection of a SPEA, riparian buffer or riparian ecosystem in compliance with recommendations of a professional’s report.

Page 92

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 92 F.4 DP - 4 Flat Tops Islands Area F.4.1 Applicability F.4.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.4.1.2 In the event that a parcel of land is subject to more than one d evelopment permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.4.2 Guidelines Prior to undertaking any applicable d evelopment activities within DP - 4, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply: F.4.2.1 There shall be no disturbance of the vegetation or use of chemicals within 30 metres of the natu ral boundary of the sea except in accordance with any conditions specified in the permit. F.4.2.2 Garry oak meadows and similar indigenous species shall be identified and their habitats protected from disturbance. F.4.2.3 There shall be no alteration or disturbance whic h would cause a negative impact to the foreshore habitat. F.4.2.4 Buildings shall be integrated with the surrounding landscape and sited to minimize removal of vegetation. F.4.2.5 Other than within existing marine lease areas, applicant shall provide an assessment of en vironmental impacts and mitigation measures, prepared by a qualified professional, prior to any expansions or new developments. F.4.2.6 Existing trees and vegetation shall be retained along the upland area and adjacent to the foreshore in order to maintain the ha bitat and prevent erosion. F.4.2.7 Septic systems shall not be constructed within 30 metres of the natural boundary of any watercourse (including a body of water or the sea). F.4.2.8 Areas subject to flooding shall be subject to a 15 metre setback unless waived by the M inistry of Environment. F.4.2.9 Where this area includes trees that bear the nests of eagles or other species of birds, a buffer area around each nest tree should be left undisturbed. The size of the buffer should be determined prior to development by a qualified professional, with advice from the Ministry of Environment or the Canadian Wildlife Service. F.5 DP - 5 Gabriola Pass Area F.5.1 Applicability F.5.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivision of land b. c onstruction of, addition to, or alteration of a building or other structure c. alteration of land

Page 93

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 93 F.5.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one develo pment permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.5.2 Guidelines Prior to undertaking any applicable development activities within DP - 5, an owner of property shall apply to the Local Trust Commit tee for a development permit, and the following guidelines apply: F.5.2.1 Other than within existing marine lease areas, applicants shall provide an assessment of environmental impacts and mitigation measures, prepared by a qualified professional, prior to any e xpansions or new developments. F.5.2.2 There shall be no alteration or disturbance which would cause a negative impact to the foreshore habitat. F.6 DP - 6 Escarpment Areas F.6.1 Applicability F.6.1.1 The following activities shall require a development permit whenever the y occur within the DPA, unless specifically exempted under Policy F.6.2.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land. F.6.1.2 In the event that a parcel of land is subject to more than o ne development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.6.2 Exemptions F.6.2.1 In cases where the Region al District building inspector requires a report from a geotechnical engineer, which outlines precautionary measures to be taken in avoiding a hazardous situation, a development permit under this section shall not be required. F.6.3 Guidelines Prior to undertaking any development activities within DP - 6, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply: F.6.3.1 There shall be no construction of buildings, septic tanks, drainage and deposit fields, irrigation or water systems unless a geotechnical engineer recommends that such construction may occur without subjecting land in the escarpment area to increased slope instability. F.6.3.2 There shall be no removal of trees or vegetation unless a geotechnical engineer recommends that such removal may occur without subjecting land in the escarpment area to increased slope instability.

Page 94

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 94 F.7 DP - 7 The Village Centre F.7.1 Applicability F.7.1.1 The following activities shall require a development permit whe never they occur within the DPA, unless specifically exempted under Policy F.7.2.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.7.1.2 In the event that a parcel of land is subject to mor e than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.7.2 Exemptions F.7.2.1 The following activitie s are exempt from any requirement for a development permit. Despite these exemption provisions, owners must satisfy themselves that they meet any other application local, provincial or federal requirements. a. building painting, structural alterations and re pairs of a minor nature that do not require a building permit b. building repairs and maintenance where the materials to be used are of the same type and form as the existing materials c. the installation of carved wood signs on parcels where there are existi ng buildings, provided the signs do not exceed the maximu m sizes permitted in this Bylaw d. The installation of bicycle racks, bicycle or bus shelters or electric vehicle charging stations; e. additions resulting in less than a 5% increase in floor area of a p rincipal building or an accessory building where no changes to landscaping or access to the site are proposed. F.7.3 Guidelines Prior to undertaking any development activities within DP - 7, an owner of property shall apply to the Local Trust Committee for a dev elopment permit, and the following guidelines apply: F.7.3.1 The character of each development shall be in keeping with the island environment and be capable of blending in with the aesthetic qualities of the natural surroundings. F.7.3.2 The development shall incorpor ate small scale building designs with such amenities as public walkways and outdoor open spaces for use by the public. F.7.3.3 Natural vegetation and trees shall be retained or planted and maintained for screening of parking and storage areas and to enhance the a tmosphere of public open spaces. Safety and visibility shall be considered in landscape design. F.7.3.4 Lighting should be kept to the minimum necessary for pedestrian safety and visibility, in order to maintain a low level of light in the night - time atmosphere. F.7.3.5 Signs made from natural materials or incorporating material produced by local artisans and crafts people are encouraged. F.7.3.6 Pedestrian requirements include accessible, safe and landscaped walkways connecting the street to the businesses. F.7.3.7 Off - street parki ng shall be designed to be as unobtrusive as possible and where possible, located to the rear of the parcel away from public open spaces and eating areas and businesses should open to the street to create a greater sense of intimacy and walkability in the village core . F.7.3.8 On - site integrated storm water management plans prepared by a qualified professional shall be required and implemented to reduce impervious cover, promote infiltration and capture and BL 273 BL 273 BL 273

Page 95

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 95 treat storm water runoff from 90% of the average annual r ainfall using acceptable best management practices . F.7.3.9 Where a building or use provides more than 25 parking spaces, one electric vehicle charging station capable of at least 110V and 220/240V charging must be provided and marked with a sign or symbol identi fying the space is reserved for charging/parking an electric vehicle, electric scooter or electric bicycle. F.7.3.10 Landscaping design and maintenance shall facilitate water retention, minimize the need for irrigation and discourage the use of lawns unless for a gathering or play area. F.7.3.11 Landscaped islands of trees and shrubs no smaller in area than 4 square metres (43 square feet) each shall be used in parking areas located at a minimum of every 15 stalls to break up expanses of paving and parking and capture and infiltrate runoff. F.7.3.12 Fifteen percent of the property shall be devoted to public open space with fifty percent of that amount along the road frontage. Storm water retention areas or rain gardens may be used to meet this requirement. F.7.3.13 Seventy - five percent of the designated public open space shall be contiguous with no portion less than two metres in width and designated spaces shall be connected, where possible, to public pedestrian paths or access points on adjacent properties or roads. F.7.3.14 Exterior surfaces of local and/or natural materials such as wood, stone or brick shall be encouraged. F.7.3.15 Facilities for recycling shall be provided in garbage collection areas. F.8 DP - 8 Multi - dwelling Affordable Housing F.8.1 Applicability F.8.1.1 The following activities shall require a deve lopment permit whenever they occur within the DPA, unless specifically exempted under Policy F.8.2.1: a. subdivision of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.8.1.2 In the event that a parcel of lan d is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.8.2 Exemptions F.8.2.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, owners must satisfy themselves that they meet any other applicable local, provincial or federal requirements. a. building painting, structural alterations and repairs of a minor nature that do not require a building permit b. building repairs and maintenance where the materials to be used are of the same type and form as the existing materials c. the installation of carved wood signs on parcels wher e there are existing buildings, provided the signs do not exceed the maximum sizes permitted in this Bylaw F.8.3 Guidelines Prior to undertaking any development activities within DP - 8, an owner of property shall apply to the Local Trust Committee for a developm ent permit, and the following guidelines apply:

Page 96

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 96 F.8.3.1 The character of the development shall be in keeping with the island environment and be capable of blending in with the aesthetic qualities of the natural surroundings. F.8.3.2 Natural vegetation and trees shall b e retained or native vegetation planted and maintained for screening of parking and storage areas. Safety and visibility shall be considered in landscape design. F.8.3.3 Landscaping shall facilitate water retention. F.8.3.4 Facilities for recycling shall be provided in garbage collection areas. F.8.3.5 Lighting is to be kept to a minimum necessary for pedestrian safety and visibility. Lighting in off - street parking areas shall be adequate for security purposes. F.8.3.6 Signs made from natural materials or incorporating materials produ ced by local artisans and craft people are encouraged. F.8.3.7 Off - street parking shall be designed to be as unobtrusive as possible and, where possible, located to the rear of the parcel. F.8.3.8 Exterior surfaces of buildings and structure shall reflect a locally craf ted character and be comprised of natural local materials such as wood or stone. F.8.3.9 Common area amenities shall be provided prior to alteration and/or occupancy. F.8.3.10 A vegetation screen shall be provided within the required setback area which provides and adequ ate visual screen of the intended use from an adjoining residential parcel. F.8.3.11 Bicycle storage areas and structures, bicycle and pedestrian paths and areas for community garden space shall be provided as a means of decreasing greenhouse gas emissions. F.8.3.12 Where possible, water conservation measures and energy efficient building siting and design shall be provided. F.9 DP - 9 Light Industrial Use F.9.1 Applicability F.9.1.1 The following activities shall require a development permit whenever they occur within the DPA: a. subdivisio n of land b. construction of, addition to, or alteration of a building or other structure c. alteration of land F.9.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and onl y one development permit, containing conditions based on guidelines in all applicable development permit areas, is required. F.9.2 Guidelines Prior to undertaking any development activities within DP - 9, an owner of property shall apply to the Local Trust Commi ttee for a development permit, and the following guidelines apply: F.9.2.1 The character of the development shall be in keeping with the island environment and, with the exception of points of access to the property, adequate natural vegetation screening shall b e maintained along the perimeter of the property. F.9.2.2 No buildings shall be located closer than 30m from a watercourse of the high water mark of the sea. F.9.2.3 A site plan shall be provided to illustrate where on site the off - street parking and equipment storage i s to be accommodated and in no case shall any equipment, materials or vehicles used in association with the industrial use be located on an adjoining parcel or a public road right - of - way. BL307

Page 97

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 97 F.11. DP - 11 Environmental Protection F.11.1 Applicability F.1 1.1.1 The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted under Policy F.11.2.1: a. subdivision of land; b. construction of, addition to, or alteration of a building or other structure; c. a lteration of land. F.11.1.2 In the event that a parcel of land is subject to more than one development permit area, all development permit area guidelines shall apply and only one development permit, containing conditions based on guidelines in all applic able development permit areas, is required. F.11.2 Exemptions F.11.2.1 The following activities are exempt from any requirement for a development permit. Despite these exemption provisions, property owners must meet any other local, provincial or federa l requirements: a. Activities on land in respect of which the Islands Trust has received a written statement from a registered professional biologist with relevant experience certifying the absence of a sensitive ecosystem within the area that would be affec ted by the proposed work; b. Gardening and yard maintenance activities, not involving the application of artificial fertilizer, pesticides or herbicides, within a pre - existing landscaped area, including mowing, pruning, planting and minor soil disturbance th at does not alter the general contours of the land; c. Manual removal of invasive species in accordance with best management practices; d. Manual planting of native vegetation conducted in accordance with best management practices; e. The construction of a trail if all of the following apply: i. The trail is 1 metre wide or less; ii. No native trees are removed; iii. The surface of the trail is pervious (for example, soil, gravel or wood chips); iv. The trail is designed to prevent soil erosion where slopes occur; and v. Where the tr ail parallels a stream, the trail is more than 5 metres away from the high water mark of the stream. f. The construction of a fence if no native trees are removed and the disturbance of native vegetation is restricted to 0.5 metres on either side of the fenc e; g. Ecological restoration and enhancement projects undertaken or authorized by a public body;

Page 98

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 98 h. The reconstruction, repair or maintenance of a pre - existing permanent structure on its existing foundation, including general repair or replacement of a septic fi eld on the same spot; i. Pruning or topping that is conducted in accordance with the standards and recommendations of the International Society of Arboriculture, and that does not involve: the lift pruning of lower limbs to the extent that the live crown rat io is less than 50%, the removal of more than 25% of the crown, or the pruning or removal of a structural root within the critical root zone; j. The removal of trees that have been examined by an arborist and certified to pose an immediate threat to life or p roperty; k. The repair and maintenance of existing roads, driveways, paths and trails provided there is no expansion of the width or length of the road, driveway, path or trail, and no creation of additional impervious surfacing, including paving, asphalting or similar surfaces; l. Works undertaken by a local government or a body established by a local government; m. An application resulting in a lot consolidation. F.11.3 Guidelines Prior to undertaking any development activities within DP - 11 that are not exempted by F.11.2.1, an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply: F.11.3.1 Minimize the area cleared and disturbed for development within the context of the permitted use and density. F.11.3.2 Site buildings and associated infrastructure to minimize removal of vegetation and to allow sufficient undisturbed space around retained significant mature or established trees to protect root systems. F.11.3.3 Native vegetation and trees shall be retained wherever possible. F.11.3.4 Vegetation clearing shall occur during the least risk timing window for bird species as recommended by a qualified professional. If works cannot be completed during this window, a qualified professional shall be r etained to survey the area prior to clearing to rule out the presence of nesting birds or other species. F.11.3.5 Where this area includes trees that bear the nest of eagles or other species of birds, a buffer area around each nest tree shall be left un disturbed. The size of the buffer shall be determined prior to development by a qualified professional, with advice from the provincial ministry responsible for the environment and wildlife or the Canadian Wildlife Service. F.11.3.6 Avoid removal of matur e and old Douglas - fir and western red cedar trees to the extent possible. Trees with unique identified wildlife habitat or unique habitat potential should be retained and incorporated into the design.

Page 99

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 99 F.11.3.7 Where species at risk or critical habitat for species at risk have been observed, requirements to protect species at risk and mitigation measures shall be in accordance with the federal Species At Risk Act (SARA) and with the provincial Wildlife Act . F.11.3.8 An assessment of the environmental impa ct, including mitigation measures required, prepared by a qualified professional, shall be required prior to any new developments or the expansion of existing development. F.11.3.9 Additional conditions will be included in a development permit to incorpor ate any qualified professional recommendations within an environmental assessment. F.11.3.10 Efforts shall be made in construction and maintenance activities to source goods, supplies and services on - island to reduce greenhouse - gas emissions related to tr ansportation.

Page 100

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 100 PART G - DEFINITIONS G.1 DEFINITIONS BL 215 In this Bylaw: accessory in relation to a use, building or structure means ancillary, secondary and exclusively devoted to a principal use, building or structure , expressly permitted by this Bylaw on the same lot or, where the accessory use is located on common property in a bare land strata plan, on a strata lot in the same strata plan; agriculture growing, rearing producing or harvesting agricultural crops, livestock and other anima ls for economic gain and includes the processing on a lot of primary agricultural products harvested, reared or produced on that lot , plus the storage of machinery, implements and agricultural supplies for the farm , but excludes cannabis production ; agri - t ourism a tourist activity, service or facility which is accessory to a farm operation, as defined in the Farm Practices Protection (Right to Farm) Act , where the land is classified as a farm under the Assessment Act , and, where the farm is in active operat ion each year; automotive service the retail sale of motor fuels, lubricating oils, automotive accessories, repair of motor vehicles, and the rental of trailers and motor vehicles; auto sales the retail sale of new or used vehicles capable of being licens ed under the “Motor Vehicle Act”; Awning a roof - like cover that projects from the wall of a building or structure for the purpose of sheltering a doorway or window from the elements; bed and breakfast the accessory use of a principal residential dwelling unit for the overnight accommodation of transient paying guests in which breakfast is the only meal served

bluff means an area of land that has a minimum elevation separation of 6.0 metres (19.7 feet) and an average slope greater than 60 degrees; boatho use an accessory building or structure used exclusively for the storage or sheltering of a boat; boarder a person resident in a dwelling unit who receives lodging and regular meals for a fee; bottom culture mariculture the cultivation, rearing and harve sting of molluscs on the bed of the sea, excluding cultivation and rearing in the water column above the bed of the sea; building a roofed structure , including a mobile home , used or intended to be used for accommodating or sheltering any use or occupanc y and: 1. within this Bylaw’s land - based zones , having a floor area not less than 10.0 square metres (107.64 square feet); 2. within water - based zones , there is no minimum floor area qualification; and 3. for purposes of this Bylaw, buildings connected by a covered walkway and located no more than 3.0 metres (9.8 feet) apart are deemed to be one building ; building inspector a building inspector having jurisdiction within this Bylaw’s area of application; campground the use of an area for campsites ; BL 266 BL 180 BL 275 BL 303 / OCT 2021

Page 101

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 101 campsite an ar ea within a campground or tourist commercial zone intended for the temporary occupancy by members of the travelling public who reside elsewhere accommodated exclusively in a tent, tent - trailer, camper vehicle, or recreation vehicle; cannabis any plant of the genus Cannabis cannabis production to develop, as permitted by the Cannabis Act (Canada) and regulations under that Act a cannabis product by any method or process, including by: a. manufacturing it, b. synthesizing it, or c. altering its chemical o r physical properties by any means; d. growing it or any living thing from which it may be extracted or otherwise obtained cannabis product the plant material from cannabis and any article or substance that is manufactured or refined that includes cannab is or cannabis derivatives intended for personal use; caretaker residence a single family dwelling limited in floor area to 65.0 square metres (699.7 square feet) that is accessory to a principal regional park use; church a building principal ly devoted to religious worship and instruction and may include a church manse; clubhouse a facility used by a club that does not provide for overnight accommodation except in a permitted single family dwelling ; commons accessory commercial commercial activity tha t is ancillary, secondary and exclusively devoted to a principal use, and that is intended solely for the benefit and support of community initiatives and community organizations based on the property; commons accessory food depot an establishment for th e distribution of food produced on the property or obtained from off the property for distribution to the public at no charge; commons accessory office and storage space identified for the management and direction of activities on the parcel and the pro vision of administration space for other non - profit or not for profit enterprises, including the storage of materials necessary for conducting activities on the parcel, but excludes such uses as retail sales, manufacturing, and professional services; com mons accessory public assembly indoor and outdoor gatherings, meetings, and events and includes infrastructure necessary to support these activities, such as washroom facilities, dining ha ll , and institutional kitchen facilities; commons agriculture c ommunity based agricultural uses that include; growing, rearing, producing or harvesting agricultural crops, livestock and other animals and includes the processing on a lot of primary agricultural products harvested, reared or produced on that lot , plus t he storage of machinery, implements and agricultural supplies for the farm, and includes the sale of agricultural products grown or raised on the lot, but specifically excludes intensive agriculture; commons institutional the provision of special purpose services including educational and interpretive activities, without the purpose of gain, provided by non - profit or not for profit enterprise for the benefit of residents of Gabriola Island, and includes skateboard park structures; community resource centr e a building, structure, facility or use intended to support community initiatives and organizations but does not include commercial enterprise or for profit endeavours; community sewer system a sewage disposal system serving two or more lot s and that is o perated by a Public Authority; BL 259 BL 259 BL 259 BL 259 BL 259 BL 259 BL 222 BL 272 BL 2 79 BL 2 79 BL 303 / OCT 2021 BL 303 / OCT 2021 BL 303 / OCT 2021

Page 102

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 102 community water system a water supply provided to five or more lot s and that is operated by a Public Authority; covered walkway a walkway area adjacent to an exterior building wall that is sheltered by a roof or Awning and n ot enclosed on its exterior side s except for railings and/or roof or canopy supports; derelict vehicle any vehicle that has been unlicensed for two or more consecutive years that is visible from adjacent land; dockage securing of a vessel to a dock; dwel ling unit one or more rooms in a building , designed, occupied or intended for human habitation containing one set of cooking facilities and/or the infrastructure designed, used or intended to be used for the preparation and cooking food, and used as a res idence by a single family ; dwelling - single family a detached building consisting of one dwelling unit; dwelling, two family a building consisting of two principle dwelling units; dwelling - multiple family a building consisting of three or more principa l dwelling units with common or individual cooking facilities; ecological reserve an area of land (water) established as an ecological reserve under the “ Ecological reserves Act”; emergency services an emergency facility use comprising a fire hall, polic e station, helicopter pad or ambulance station; f arm equipment mechanical devices used in the production of livestock or crops, including, but not limited to, harvesters, loaders, slaughter machinery, agricultural tractors, farm engines, farm trailers, f arm carts and farm wagons ; farm product a commodity that is produced from a farm use as defined in the Agricultural Land Commission Act ; f arm supply centre a business for the retail sale of farm supplies, but excluding the sale of farm equipment ; farm w orker housing a manufactured home authorized by the Agricultural Land Commission and used for the residential accommodation of a full - time farm employee who is required for the farm operation; fence a structure used as an enclosure or separation ; floor area the total area of all floors for each storey of a building measured to the interior surface of the exterior walls and if there are no walls, measu red to the outer edge of the dri p line , and for purposes of calculating floor area , the following apply: 1. all areas of a building having a floor and ceiling at least one metre apart constitute a storey ; 2. the floor area occupied by any cistern used for the collection of rainwater for domestic use or fire protection is excluded; and 3. covered walkway s up to 1. 8 metres (5.9 feet) in width adjacent to a building ’s exterior walls in this Bylaw’s Commercial and Institutional zones are excluded; 4. a sustainable energy systems utility room ; in a secondary suite , up to a maximum of 2.3 square metres (25 square feet) is excluded. floor area ratio the figure obtained by dividing the floor area of all buildings on the lot by the lot area; BL 250 BL 250 BL 220 BL 220 BL 212 BL 275 BL 275 BL 2 73 BL 2 73 BL 2 79 BL 293 June/2018 BL 293 BL 293 June/2018 BL 307

Page 103

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 103 forestry all activities related to the establishment and management of forested areas, and includes harvesting of timber and related forest cover resources, forest seed orchards and nurseries ; frontage a lot line contiguous with a highway, (road) or any other way open to public use; garden centre a business for the cultivation and retail sale of plants and garden supplies; grade th e elevation existing at the intersection of the ground surface and a building or structure ; habitable area any room or space within a building or structure, which can be used for human occupancy, commercial sales, or storage of goods, possessions, or equ ipment (including furnaces) that would be subject to damage if flooded; height the vertical distance between the highest point of a building or structure and the average grade of the ground at the perimeter of a building or structure and is determined b y finding the grade elevation at the midpoints of all exterior walls and if there are no walls, the supports or posts , calculating their average, and then using that average as a base grade from which height is vertically measured to the building ’s highest point; home industry a home occupation where the permitted uses are construction and repair of heavy equipment, boats, trailers or the body of a vehicle, contractor yards, and water distribution ; home occupation a business, trade, profession, or the p roduction and or sale of goods, where such activities are accessory to a principal residential use, and where a resident of the lot carries out, operates and is the principal worker; home school a school sanctioned by School District 68 having no more tha n 15 students on - site at one time; no more than 30 students enrolled in the school at one time, with no buzzers or external amplified sound system; horticulture the cultivation of fruits, vegetable s , or ornamental plants for economic gain, but exclude cann abis production; household storage the commercial use of a building for the rental of individual lockers for the storage of household items, where individual lockers are accessed from within the building ; immediate family with respect to an owner, the ow ner’s: ( a ) parents, grandparents and great grandparents, (b) spouse, parents of spouse and stepparents of spouse (c) brothers and sisters, and (d) children or stepchildren, grandchildren and great grandchildren intensive agriculture t he use of land, buildings and other structures by a commercial enterprise or an institution for the confinement of poultry, livestock or fur bearing animals, or the growing of mushrooms ; landscaped area an area significantly altered by human activity where there is the continuous maintenance of no vegetation, cultivated vegetation and/or landscape materials, including but not limited to stones, boulders, cobbles, pavers and decorative concrete;” legal non - conforming with respect to buildings or structures means constru ction which does not conform to the provisions of this Bylaw and existed lawfully at the time of its adoption

and with respect to use means a specific use of land, buildings or structures which does not conform to the provisions of this Bylaw and existed lawfully at the time of its adoption; BL 266 BL 186 BL 185, BL 212 BL 226 BL 199 BL 275 BL 275 BL 2 79 BL 303 / OCT 2021

Page 104

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 104 light Industry means processing, fabricating, assembling, storing, transporting, distributing, wholesaling, testing, servicing, repairing or salvaging goods or materials; limited milling and planing the sawing of logs into timbers, rough lumber, or shingle or shake blocks; the plan n ing of timbers or rough lumber; and the sawing of blocks into shingles or the splitting of blocks into shakes during the hours of 8:00 am to 5:00 pm, Monday to Saturday, inclusive limite d public market the open air sale of goods and crafts during a maximum two days a week, between the hours of 8:00 am and 4:30 pm.; lot any parcel, block or other area in which land is held or into which it is subdivided, whether under the “Land Title Act” or the “Bare Land Strata Regulations” under the “Strata Property Act”; lot coverage the total area covered by buildings and structures measured within the outer most walls, or if there are no walls, measured to the outer edge of the drip - line; lot line the legally defined boundaries of any lot and in the case of tenures under the “Land Act”, the boundaries of the lease area; lot line - front the lot line common to the lot and the abutting highway, or access route under the “Strata Property Act”, and wh ere there is more than one lot line common to a highway or access route, the following rules must apply: 1. the shortest lot line greater than 20.0 metres (65.6 feet) is the front lot line , except where there are no lot lines greater than 20 metres (65.6 feet ) abutting a highway in which case the longest lot line abutting a highway is the front lot line; 2. where there are three or more lot lines , and one of the lines is a corner - cut, one of the other lot lines is the front lot line based on Rule 1; and 3. where t here are more than two lot lines defining a curve, including any tangents making up the curve in a highway or access route under the “Strata Property Act”, all such lot lines defining the curve must be considered to be one lot line fo r the purpose of using Rule 1. lot line – exterior side the property line common to the lot and an abutting highway, or access route under the “Strata Property Act”, that is not the front lot line ; lot line – interior a lot line that does not abut a highway, or access route un der the “Strata Property Act”; marina the commercial use of a water area for the accommodation of vessels and includes the installation of floats, wharves, piers, ramps and walkways and the provision of dockage services, but does not include yacht clubs or yacht club outstations

medical office medical office means a public health care establishment that serves the needs of the Gabriola Island Local Trust Area, where patients are admitted for examination and treatment on an outpatient basis by one or mo re physicians, psychologists, social workers, medical personnel or other health care professionals, and where patients are not lodged overnight, and may include space for related administrative services and meetings, treatment meetings, offices for health - related government bodies, and an associated medical laboratory; for clarity, medical care insured under the Medical Services Plan of British Columbia must be provided; manufactured home a single - family dwelling unit , suitable for year - round occupancy, de signed, constructed or manufactured to be moved from one place to another by being towed or carried and meets a minimum CSA - Z240 standard; moorage the tying of a boat to a buoy or similar object that is in turn anchored to the bed of the sea; natural boun dary the visible high water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so BL 261 BL 186 BL 186 BL 275

Page 105

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 105 long continued in all ordinary years, as to mark on the soil of the bed of the body of water a c haracter distinct from that of its banks, in vegetation, as well as in the nature of the soil itself; and in the case of a legal surveyed boundary, that boundary must be deemed to be the natural boundary provided the legal surveyed boundary is land - ward of the natural boundary ; occasional in relation to home occupations uses comprising of the sale of goods not produced on the lot and artistic performances means no more than 8 days per calendar year; pad a surface on which blocks, posts, runners, or strip f ootings are placed for the purpose of supporting a manufactured home or other habitable area ; panhandle that portion of a lot that is 20.0 metres (65.6 feet) wide or less and is used solely for access purposes; parking area an area within a building , structure or an exterior area used for the parking of motor vehicles and bicycles ; parking space a space within a parking area for the parking of one motor vehicle or bicycle ; park – provincial an area of land (water) established as provincial park und er the “Park Act”; park – regional an area of land (water) established as a regional park under the “Park (Regional) Act”; personal care facilities a use providing for the care of the sick, injured or aged, other than a public hospital, and includes nursi ng homes, private hospitals and convalescent homes; personal service the commercial use of providing service assistance, rather than goods or products, in the care of a person, but excludes dry cleaning and laundry service ; personal water craft a vessel le ss than 4.6 metres (15.0 feet) in length that is propelled by machinery, commonly a jet pump, and designed to be operated by a person standing, kneeling or sitting on the vessel , rather than standing, kneeling or sitting inside the vessel

principal in re lation to use, building , or structure means the main or primary use, building or structure ; private clubs and lodges a building and related facilities owned or operated by a corporation, association, or group of individuals established for fraternal, socia l, education, recreational, or cultural enrichment of its members and not primarily for profit and whose members pay dues and meet certain prescribed qualifications for membership; produce stand a structures used for the for the sale of agricultural produ cts that is sited on a lot , or an adjacent lot owned by the same owner, on which the products have been grown or reared; public assembly and recreation i ndoor or outdoor use associated with a hall, auditorium, church , or indoor recreation facility but do es not include any use or facility operated on a commercial basis for profit; public utilities a use providing for facilities for water, sewer, electricity, telephone, and broadcast transmission provided such a use or facility does not have or require on site staff to operate the utility, and is established by one of the levels of government, a corporation or company regulated by a government commission, but excludes radio or television broadcast towers and energy generation or production for sale off the lot on which it is produced ; public wharf a wharf serving the general public for the purposes of loading and unloading of people, goods and material plus the accommodation of vessels; pump/utility house an accessory building or accessory structure that is used only for the purposes of housing a well head and water pumping devices and /or electrical power or communication connection and service devices , or a combination thereof ; BL 250 BL 220 BL 212 BL 2 73 BL 2 73 BL 2 79 BL 2 79

Page 106

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 106 resid e nce 1. the occupancy or use of a dwelling unit for the permanent domicile or home life of a person or persons; or 2. the occasional or seasonal occupancy of a dwelling unit as a dwelling by an owner who has a permanent domicile elsewhere or by non - paying guests of such an owner, and for these purposes, owner includes a tenant under a residential tenancy agreement, and for certainty, residence does not include tourist accommodation use, commercial vacation rental or any occupancy of a dwelling unit by persons entitled to such occupancy under a time share plan as defined in the Real E state Act or successor legislation

reside ntial rental tenure means the granting of a right to occupy a dwelling unit as living accommodation where the minimum occupancy period is thirty consecutive days, and where the dwelling unit is not owned by a dwe lling unit occupant, but where regular payments are made to the owner for the use of the dwelling unit restaurant an eating establishment providing for the sale of prepared foods and beverages to be consumed on or off the premises, and many include café, delicatessen, and take - out restaurant, but specifically excludes neighbourhood pub, drive - in and drive - thru establishment

sales distributorship in relation to a home occupation means the sale of goods not produced on the lot on which the home occupation is located, where the goods are delivered or mailed by the distributor to the customer, and where the customer at no time enters onto the lot to view the goods or complete the sale transaction; school a school as defined by the “ Schools Act”, or the “In dependent Schools Act” and does not include overnight accommodation; seasonal a use or activity in a facility or area for less than seven consecutive months of the year. secondary suite a self - contained dwelling unit consisting of one or more habitable r ooms and a cooking facility for residential occupancy accessory to a principal dwelling unit located on the same lot. setback the horizontal distance that a building or structure must be sited from a specified lot line , building , structure or other point ; shooting range a place that is designed or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions, that does not operate outside the hours of 9 am and 5 pm and o perates no more than 6 days a week; short term the use of bedroom accommodation for agri - tourism for a period of not more than 30 consecutive days. single family one or more persons living as a single household; sign any device or medium, including its supporting structure and lighting or electrical system, which is visible from any street or lot, and which is used to attract attention for advertising, direction, information, or identification purposes. sign area the entire area within a continuous pe rimeter, enclosing the extreme limits of a sign display, including any frame or border; and for these purposes, the area of a double - faced sign is considered to be the area of one face only.” sign, derelict any sign which has been abandoned, discarded, or otherwise neglectfully maintained to such an extent that it has fallen into disrepair. sign, externally illuminated any sign lit by a separate light source that casts light directly on the face of the sign, and includes signs illuminated with reflective material . BL 275 BL 238 BL 275 BL 275 BL 307 BL 2 79 BL 250 BL 291 5/2017 BL 291 5/201 7 BL 291 5/2017 BL 291 5/2017 BL 291 5/2017 BL 293 BL 2 79

Page 107

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 107 sign, internally illuminated any sign lit directly or indirectly by a light source located within the sign itself, and includes illumination designed to project light against the surface behind the sign lettering or graphic, commonly referred to as back - lighting or halo - lighting. sign, multi - party any sign which consolidates the direction of traffic to multiple businesses, excluding home occupations . sign, obsolete any sign which is no longer relevant because of the discontinuance of the bu siness, service, activity or event which it advertises or directs attention to. sign, temporary any sign which is portable in nature and is displayed for a specified time limit. sign, temporary directional any sign which is portable in nature, is di splayed for a specified time limit, and which directs traffic to an institution or a business, including a home occupation . sign, third party a sign that advertises or directs attention to an occupancy of land, a use, product, location, service, or other matter at a location other than where the sign is located, erected, or displayed. For the purposes of this bylaw, a multi - party sign is not considered a third party sign . sign, window a sign within a building, affixed on or located within 600mm of the ins ide of a window. sleeping unit a) a bedroom in a dwelling or b) a tent or recreational vehicle on a campsite used for agri - tourism accommodation. storey all the areas of a building having a floor and ceiling at least one metre apart; structure anyth ing constructed or erected that is fixed to, supported by or sunk into land or water, whether underwater or otherwise, exclud ing vehicles except for vehicles used as a restaurant where a restaurant is a permitted use, floating vessels, paving for vehicle p arking, sidewalks, and sewage absorption fields; for clarity, swimming pools, dugouts, cisterns, above ground septic tanks and detached ground level decks are considered structures; sustainable energy systems utility room a room used for the installation and use of solar photo voltaic and solar domestic hot water conduits, electrical hardware or tanks; inverters; charge controllers; grey water treatment and/or heat pump components. temporary a use or activity in a facility or area that is established and used on a limited time basis for agri - tourism activities, for less than seven consecutive months of the year. The building or structure may be used for other permitted uses during the course of or for the remainder of the year. tourist accommodation the u se of a tourist accommodation unit on an overnight basis by members of the travelling public who reside elsewhere; tourist accommodation unit a room or suite of rooms used by a registered party composed of one or more members of the travelling public who r eside elsewhere; unit owner 1. registered owner of one or more accommodation units or campsites including the spouse, children and parents of the registered owner and the parents of the registered owner’s spouse; 2. where there is more than one registered owner of one or more accommodation units or campsites all the registered owners, including their spouses, children, parents and parents of their spouses; and 3. where the registered owner of one or more accommodation units or campsites is a corporation o r corporations, all directors, officers, shareholders and employees of the corporation or corporations, including BL 261 BL 200 BL 275 BL 275 BL 275 BL 2 79 BL 291 5/2017 BL 291 5 /2017 BL 291 5/2017 BL 291 5/2017 BL 291 5/2017 BL 291 5/2017 BL 293 June/2018

Page 108

Gabriola Island Land Use Bylaw No. 177 - Schedule A Definitions Words shown in Italics are defined in Part G Page 108 the spouse, children and parents of each of them, together with the corporation or corporations

urgent care medical clinic urgent care medica l clinic means an establishment where patients are admitted for urgent acute care examination and treatment on an outpatient basis by one or more physicians, psychologists, social workers, medical personnel or other health care professionals and where pati ents may be lodged for one night in an emergency ; vessel an inanimate object designed for and capable of navigation on the water; watercourse any natural or man - made depression with well defined banks and a bed 0.6 metres (2.0 feet) or more below the su rrounding land serving to give direction to a current of water at least six months of the year or having a drainage area of two square kilometres or more as required by a designated official of the Ministry of Environment of British Columbia; water sales t he processing, bottling, storage, shipping, distribution or sale of water extracted or produced on the lot for commercial purposes, but excludes distribution of water via a community water system approved and regulated by a government agency, authority or Crown corporation and excludes the distribution of water that is extracted under a valid temporary commercial and industrial use permit a nd which is delivered off - site; yacht club outstation the non - commercial use of land and shore - based facilities for p rivate recreational purposes associated with the non - commercial use of adjacent waters for the temporary moorage and temporary dockage of yacht club member vessels and guest vessels; and zone a zone as established by this Bylaw. BL 233

Page 109

Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map Words shown in Italics are defined in Part G Page 109 Schedule B – Zoning Map Legend Zone Zone Name Schedule A Cross - Reference Residential Zones SRR Small Rural Residential D.1.1 LRR Large Rural Residential D.1.2 SSN Seniors and Special Needs D.1.3 Resource Zones AG Agriculture D.2.1 F Forestry D.2.2 FWR1 Forestry Wilderness/Recreation 1 D.2.3 R Resource D.2.4 RR1 Resource Residential 1 D.2.6 GP Gravel Pit D.2.7 Commercial and Industrial Zones GC Gabriola Commons Comprehensive Development Zone D.2.8 VC1 Village Commercial 1 D.3.1 VC2 Village Commercial 2 – Professional Centre D.3.2 DC1 District Commercial 1 D.3.3 LC1 Local Commercial 1 – Neighbourhood Pubs D.3.4 LC2 Local Commercial 2 - Restaurants D.3.5 LC3 Local Commercial 3 – Garden Centre s D.3.6 FP Ferry Parking D.3.7 TC1 Tourist Commercial 1 D.3.8 TC2 Tourist Commercial 2 – Campgrounds D.3.9 I Industrial – Light D.3.10 Recreation and Institutional Zones P1 Parks 1 – Provincial and Regional D.4.1 P2 Parks 2 – Passive Recreation Community Park D.4.2 P3 Parks 3 – Active Recreation Communit y Parks D.4.3 IN1 Institutional 1 D.4.4 IN2 Institutional 2 D.4.5 IN3 Institutional 3 D.4.6 IN4 Institutional 4 D.4.7 YC Yacht Club Outstation - Upland D.4.8 Water Zones WG Water General D.5.1 WC1 Water Commercial 1 – Marina D.5.2 WC2 Water Commercial 2 – Mariculture D. 5.3 WC3 Water Commercial 3 - Marine Transportation D.5.4 WI1 Water Industrial 1 – Shipyard D.5.5 WI2 Water Industri al 2 – Log Storage D.5.6 WI3 Water Industrial 3 – Bulk Material Transport D.5.7 WP1 Water Protection 1 D.5.8 WP2 Water Protection 2 D.5.9 WP3 Water Protection 3 D.5.10 WYC Water Yacht Club Outstation D.5.11 BL 236

Page 110

Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map Words shown in Italics are defined in Part G Page 110 Schedule B is in two versions, both of which are a p art of this Bylaw. An 11 X 17 version, with four insets, is attached to this Bylaw. A 1:10,000 version, in two sheets, is available for viewing or purchase from the Victoria office of the Islands Trust

Page 111

Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map Words shown in Italics are defined in Part G Page 111 Schedule B - Inset 1

Page 112

Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map Words shown in Italics are defined in Part G Page 112 Schedule B - Inset 2

Page 113

Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map Words shown in Italics are defined in Part G Page 113 Schedule B - Inset 3 BL 250

Page 114

Gabriola Island Land Use Bylaw No. 177 - Schedule B Zoning Map Words shown in Italics are defined in Part G Page 114 Schedule B - Inset 4

Page 115

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 115 Schedule C - Map 1 Bylaw No. 19 0 – Amended Map 1 By law No . 213 – REPEALED M ap 1

Page 116

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 116 Schedule C - Map 2 Lands referred to in Items D.1.3.2.a.i and D.1.3.3.e.i of Schedule A (Cross - hatc hed Lots 1 through 12 inclusive, Strata Plan VIS2249 and Lots 1 through 16 inclusive, Strata Plan VIS3344, Section 19, all Gabriola Island, Nanaimo District) BL 190

Page 117

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 117 Schedule C - Map 3 Lands referred to in Item D.2.1.1.a.iv of Schedule A (Cross - hatched porti ons of: Section 11 and 13; and, Lots 1 and 2, Plan 57010, Section 11, all Gabriola Island, Nanaimo District ) BL 190

Page 118

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 118 Schedule C - Map 4 Lands referred to in Item D.2.4.1.a.iii of Schedule A ( Cross - hatched SW1/4 of the NW1/4 of Section 8, Gabriola Island, N anaimo District ) BL 190 BL 193

Page 119

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 119 Schedule C - Map 5 Bylaw No. 190 – Amended Map 5 Bylaw No. 272 – REPEALED Map 5

Page 120

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 120 Schedule C - Map 6 Lands referred to in Item D.4.4.1.a.vi of Schedule A (Cross - hatched Lot A, Plan 62444, Section 22, Gabriola Island, Nanaimo Distric t) BL 190

Page 121

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 121 Schedule C - Map 7 Lands referred to in Item D.4.4.1.a.vii of Schedule A (Cross - hatched Lot C, Plan 60373, Section 19, Gabriola Island, Nanaimo District) BL 190

Page 122

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 122 Schedule C - Map 8 Lands referred to in Ite m D.4.4.1.a.viii of Schedule A (Cross - hatche d Lot 1, Plan 15573, Section 3, Gabriola Island, Nanaimo District) BL 190

Page 123

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 123 Schedule C - Map 9 Lands referred to in Item D.5.2.1.a.vi of Schedule A (Bold outlined portion of Water Lot 236, Northumberland Channel, Nanaimo District) BL 190

Page 124

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 124 Schedule C – Map 10 Lands referred to in Item d.3.8.1.a.viii of Schedule A (Cross - hatched Lot A, Plan 21876, Section 5, Gabriola Island, Nanaimo District) BL 210

Page 125

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 125 Schedule C – Map 1 1 Lands referred to in Item D.1.3.3.d.i of Schedule A (Cross - hatched Strata Plan VIS5013, Sec tion 20, Gabriola Island, Nanaimo District) ” BL 212

Page 126

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 126 Schedule C – Map 1 2 Lands referred to in Subsection D.3.6 of Schedule A (Cross - hatched Lot B, Plan VIP60373, Section 19, Gabriola Island, Nanaimo District ) ” BL 220

Page 127

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 127 Schedule C – Map 1 3 Lands referred t o in Section D.4.4 of Schedule A (Cross hatched Lot A, Plan 24592, Section 19, Gabriola Island, Nanaimo District ) ” BL 222

Page 128

Gabriola Island Land Use Bylaw No. 177 - Schedule C Specific Zones Words shown in Italics are defined in Part G Page 128 Schedule C – Map 14 DELETED BL 293 June/2018

Page 129

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 129 Schedule C – Map 1 5 BL 236

Page 130

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 130 Schedule C – Map 1 6 BL 272

Page 131

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 131 Schedule C – Map 1 7 Lands referred to in Items D.3.8.1.a.v and D.3.8.1.a.viii of Schedule A ( Lot 1, Plan VIP41077, Section 5, Land District 32, Gabriola Island; PID 000 - 462 - 357) BL 309 June/2021

Page 132

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 132 APPENDIX A - Forestry /Wilderness Recreation (FWR) Zone Example This app endix is for information purposes only. Permitted Uses In addition to the uses permitted in Article B.1.1.1 , the following uses and no others are permitted in the Forestry /Wilderness Recreation (FWR) zone : Permitted Principal Uses ii forestry iii forest wilderness oriented recreation iv ecological reserves v environmental protection Buildings and Structures Specific buildings and structures regulations will be determined at the time of rezoning Regulations Lot Area Requir ements for Subdivision The minimum lot area is the lot area at the time of rezoning to Forestry /Wilderness Recreation. Lots in this zone have no subdivision potential. Specific regulations will be determined at the time of rezoning .

Page 133

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 133 APPENDIX B - Reso urce Conservation (RC) Zone Example This appendix is for information purposes only. Permitted Uses In addition to the uses permitted in Article B.1.1.1 , the following uses and no others are permitted in the Resource Conservation (RC) zone : Permitted Principal Uses wilderness recreation forestry environmental protection ecological reserve Buildings and Structures Specific buildings and structures regulations will be determined at the time of rezoning Regulations Lot Area Requirements for Subdivision The minimum lot area is the lot area at the time of rezoning to Resource Conservation. Lots in this zone have no subdivision potential. Specific regulations will be determined at the time of rezoning

Page 134

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 134 APPENDIX C – Resource Residential (RR) Zone Example This appendix is for information purposes only. Permitted Uses In addition to the uses permitted in Article B.1.1.1 , the following uses and no others are permitted in the R esource Residential (RR) zone : Permitted principal uses single family residential agriculture horticulture Permitted Accessory Uses home occupation , subject to Section B.3 processing and sale of agricultural product s, limited to those grown or raised on the lot Buildings and Structures Specific buildings and structures regulations will be determined at the time of rezoning Regulations Buildings and Structures Permitted Numbers and Area maximum of one single famil y dwelling per lot Lot Area Requirements for Subdivision The minimum lot area is 2.0 hectares (4.94 acres) and may be reduced to a minimum of 1.0 hectares (2.47 acres) on a site specific basis in which community sewer and community water systems may be required. . The minimum average lot area is 8.0 hectares (19.76 acres)* *Note for Information Purposes Only – The minimum average lot area may be reduced to not less than 2.0 hectares (4.94 acres) to the extent necessary to accommodate the transfer of res idential density. See OCP Policy 5.1(g). Specific regulations will be determined at the time of rezoning BL 236

Page 135

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 135 APPENDIX D – Well Testing Guidelines Repealed by Bylaw 215

Page 136

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 136 APPENDIX E – Subdivision Restrictive Covenant TERMS OF INSTRUMENT - PART 2 THIS A GREEMENT dated for reference [insert month, day, year] is BETWEEN: [ Insert as applicable name(s) of Landowner(s), company(s), the name of the Act the company is incorporated under, full address] (the "Owner") AND: Gabriola Island Local Trust Committee , a corporation under the Islands Trust Act (British Columbia), having an office at 200 – 1627 Fort Street, Victoria, British Columbia, V8R 1H8 (the "Local Trust Committee") WHEREAS Gabriola Island Land Use Bylaw, 1999 permits the subdivision of land into lo ts having an area equal to or greater than the specified minimum lot area for the relevant zone where the average area of all lots created by subdivision is at least equal to the minimum average lot area specified for that relevant zone; WHEREAS the Owner is the owner in fee simple of [insert legal description and parcel identity number] in the Gabriola Island Local Trust Area, and the Owner wishes to subdivide the land into [insert the number of proposed lots including the remainder parcel] lots of which lots [insert lot numbers to be covenanted] (the “Land”) are further subdividable; and WHEREAS the Gabriola Island Land Use Bylaw, 1999 requires the Owner to grant to the Local Trust Committee a covenant pursuant to s.219 of the Land Title Act prohibiting [restricting] the further subdivision of the Land. THIS AGREEMENT is evidence that in consideration of payment of $1.00 by the Local Trust Committee to the Owner (the receipt of which is acknowledged by the Owner), and in consideration of the promises exc hanged below, the Owner covenants and agrees with the Local Trust Committee in accordance with s.219 of the Land Title Act as follows: Covenant Bylaw No. 236 1. The Land shall not be subdivided by subdivision plan, strata plan, leasehold subdivision Section 9 46 (subdivision to provide residence for a relative) of the Local Government Act or otherwise howsoever. [OR] 1. [Insert new legal description of lots to be covenanted] shall not be subdivided into more than [insert number of possible lots here] lot(s). [repe at for other lot(s) only if their subdivision potential differs] Obligations 2. The parties agree that this Agreement creates only contractual obligations and obligations arising out of the nature of this document as a covenant under seal. The parties agree t hat no tort obligations or liabilities of any

Page 137

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 137 kind exist between the parties in connection with the performance of, or any default under or in respect of, this Agreement. The intent of this section is to exclude tort liability of any kind and to limit the parties to their rights and remedies under the law of contract and under the law pertaining to covenants under seal. Indemnify 3. The Owner releases, and must indemnify and save harmless, the Local Trust Committee, its elected and appointed officials and empl oyees, from and against all liability, actions, causes of action, claims, damages, expenses, costs, debts, demands or losses suffered or incurred by the Owner, or anyone else, arising from the granting or existence of this Agreement, from the performance b y the Owner of this Agreement, or any default of the Owner under or in respect of this Agreement. No Effect on Laws or Power 4. Where the Local Trust Committee is required or permitted by this Agreement to form an opinion, exercise discretion, express satisfa ction, make a determination or give its consent, the Owner agrees that the Local Trust Committee is under no public law duty of fairness or natural justice in that regard and agrees that the Local Trust Committee may do any of those things in the same mann er as if it were a private party and not a public body. 5. This Agreement does not (a) affect or limit the discretion, rights or powers of the Local Trust Committee under any enactment (as defined in the Interpretation Act, on the reference date of this Agre ement) or at common law, including in relation to the use or subdivision of the Land; (b) affect or limit any enactment relating to the use or subdivision of the Land, or (c) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Land. Covenant Runs with the Land 6. Every obligation and covenant of the Owner in this Agreement constitutes both a contractual obligation and a covenant granted under s. 219 of the Land Title Act in respect of the Land and this Ag reement burdens the Land and runs with it and binds the successors of title to the Land. This Agreement burdens and charges all of the Land and any parcel into which it is subdivided by any means and any parcel into which the Land is consolidated. The Owne r is only liable for breaches of this Agreement that occur while the Owner is the registered owner of the Land. Waiver 7. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a b reach of this Agreement does not operate as a waiver of any other breach of this Agreement. Severance 8. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered t o have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. Entire Agreement 9. This Agreement is the entire agreement between the parties regarding its subje ct.

Page 138

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 138 Enurement 10. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators. Deed and Contract 11. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed execut ed and delivered under seal. Further Assurances 12. The Owner agrees to do everything reasonably necessary, at the Owner's expense, to ensure that this Agreement is registered against title to the Lands with priority over all financial charges, liens and encum brances registered, or the registration of which is pending, at the time of application for registration of this Agreement. 13. The Owner must do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further ins truments. As evidence of their agreement to be bound by the above terms, the parties each have executed and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of thi s Agreement.

Page 139

Gabriola Island Land Use Bylaw No. 177 - Appendixes Words shown in Italics are defined in Part G Page 139 Consent and Priority Agreement [The lender who consents or grants priority under this agreement must not join in the covenants above.] GIVEN THAT [insert name of Chargeholder] (the "Chargeholder") is the holder of a [describe charges] regis tered against land legally described as [insert legal description] (the "Land") in the s. 219 covenant to which this Agreement is attached (the "Covenant"), which [insert charge] is registered in the Victoria land title office under instrument number [inse rt number] (the "Charge"), This Consent and Priority Agreement is evidence that in consideration of payment to it of $1.00 by the transferee described in item 6 of Part 1 of the Form C to which this Agreement is attached (the "Transferee"), the Chargeholde r agrees with the Transferee as follows: 1. The Chargeholder consents to the granting and registration of the Covenant and the Chargeholder agrees that the Covenant binds its interest in and to the Land. 2. The Chargeholder grants to the Transferee priority for the Covenant over the Chargeholder's Tight, title and interest in and to the Land and the Chargeholder postpones the Charge, and all of its right, title and interest thereunder, to the Covenant as if the Covenant had been executed, delivered and registered prior to the execution, delivery and registration of the Charge. As evidence of its agreement with the Transferee to be bound by this Consent and Priority Agreement, as a contract and as a deed executed and delivered under seal, the Chargeholder has execu ted and delivered this Agreement by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement. END OF DOCUMENT