Denman LTC Land Use Bylaw No. 186

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Denman Island Land Use Bylaw Bylaw No. 186, 2008

As amended by the Denman Island Local Trust Committee

Consolidated Version: July 24, 2024 This Bylaw is consolidated for convenience only and is not to be construed as a legal document.

For 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

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Denman Island Land Use Bylaw, 2008

CONSOLIDATED BYLAW TEXT AMENDMENTS

This copy is consolidated for convenience only and includes the following text amendments only:

Bylaw Number Amendment Number Adoption Date

Bylaw No. 190 Amendment No. 1, 2009 April 13, 2010 Bylaw No. 194 Amendment No. 3, 2009 August 3, 2010 Bylaw No. 195 Amendment No. 1, 2010 June 21, 2011 Bylaw No. 200 Amendment No. 1, 2011 August 15, 2011 Bylaw No. 204 Amendment No. 1, 2012 September 24, 2013 Bylaw No. 211 Amendment No. 1, 2014 November 28, 2014 Bylaw No. 213 Amendment No. 2, 2014 May 17, 2016 Bylaw No. 216 Amendment No. 1, 2015 January 28, 2016 Bylaw No. 220 Amendment No. 3, 2015 February 1, 2017 Bylaw No. 225 Amendment No. 1, 2017 June 26, 2018 Bylaw No. 234 Amendment No. 1, 2019 September 27, 2022 Bylaw No. 242 Amendment No. 1, 2021 February 7, 2023 Bylaw No. 229 Amendment No. 1, 2018 May 7, 2024

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Denman Island Land Use Bylaw, 2008

DENMAN ISLAND LOCAL TRUST COMMITTEE

BYLAW NO. 186

A bylaw to establish regulations and requirements respecting the use of land, including the surface of water, the use, siting and size of buildings and structures, the provision of parking, landscaping, screening, signs, and the subdivision of land within the Denman Island Local Trust Area.

The Denman Island Local Trust Committee, being the Local Trust Committee having jurisdiction in respect of the Denman Island Local Trust Area in the Province of British Columbia pursuant to the Islands Trust Act, enacts as follows:

1. The regulations and guidelines contained in Parts 1 to 5 inclusive in Schedule A and the North Map and South Map in Schedule B, attached to and forming part of this Bylaw, are adopted as a bylaw pursuant to Part 26 of the Local Government Act and the Islands Trust Act.

2. This bylaw applies to the entire area of land, 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 Denman Island Local Trust Area, excepting Indian Reserve Areas, as shown lying within the line designated as the “Zoning Boundary” on Schedule B”.

3. Denman Island Land Use Bylaw, 2002 is repealed in its entirety.

4. This Bylaw may be cited as “Denman Island Land Use Bylaw, 2008”

READ A FIRST TIME this 26th day of June , 2008

PUBLIC HEARING this 6th day of August , 2008

SECOND PUBLIC HEARING this 30th day of September , 2008

READ A SECOND TIME this 1st day of October , 2008

AMENDED this 9th day of December , 2008

THIRD PUBLIC HEARING WAIVED 9th day of December , 2008

READ A THIRD TIME this 2nd day of January , 2009

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST this 3rd day of February , 2009

ADOPTED this 15th day of May , 2009

________________________ _______________________ Chairperson Secretary

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Denman Island Land Use Bylaw, 2008

TABLE OF CONTENTS

1 ADMINISTRATION ..........................................................................................................................................1 1.1 DEFINITIONS .................................................................................................................................................1 1.2 JURISDICTION ................................................................................................................................................5 1.3 COMPLIANCE ................................................................................................................................................6 1.4 APPLYING TO MAKE CHANGES TO THIS BYLAW ...........................................................................................6 1.5 DETERMINATION OF DENSITY – LOTS IN TWO OR MORE ZONES ...................................................................7 2 GENERAL REGULATIONS ............................................................................................................................ 8 2.1 USES, BUILDINGS AND STRUCTURES.............................................................................................................8 2.2 GENERAL HEIGHT REGULATIONS .................................................................................................................9 2.3 GENERAL SETBACK REGULATIONS ...............................................................................................................9 2.4 HOME OCCUPATION REGULATIONS ............................................................................................................ 10 2.5 PARKING REGULATIONS ............................................................................................................................. 12 2.6 SIGNS REGULATIONS .................................................................................................................................. 14 2.7 SCREENING REGULATIONS .......................................................................................................................... 15 2.8 SUBDIVISION REGULATIONS ....................................................................................................................... 15 3 ZONE REGULATIONS ................................................................................................................................... 19 3.1 CREATION OF ZONES................................................................................................................................... 19 3.2 DEFINITION OF ZONES................................................................................................................................. 19 3.3 RESIDENTIAL ZONING TABLES.................................................................................................................... 21 3.4 RESOURCE ZONING TABLES ........................................................................................................................ 27 3.5 COMMERCIAL AND LIGHT INDUSTRIAL ZONING TABLES ............................................................................ 32 3.6 COMMUNITY ZONING TABLES .................................................................................................................... 34 3.7 WATER ZONING TABLES ............................................................................................................................. 36 4 DEVELOPMENT PERMIT AREA GUIDELINES ...................................................................................... 38 4.1 DEVELOPMENT PERMIT AREA 1: KOMAS BLUFF - GUIDELINES .................................................................. 38 4.2 DEVELOPMENT PERMIT AREA NO. 2: STEEP SLOPES – GUIDELINES ........................................................... 38 4.3 DEVELOPMENT PERMIT AREA NO. 3: LACON ROAD COAST - GUIDELINES ................................................. 39 4.4 DEVELOPMENT PERMIT AREA NO. 4: STREAMS, LAKES AND WETLANDS - GUIDELINES ............................ 40 4.5 DEVELOPMENT PERMIT AREA NO. 5: VILLAGE - GUIDELINES .................................................................... 42 4.6 DEVELOPMENT PERMIT AREA NO. 6: COMMUNITY BOAT LAUNCH – GUIDELINES ..................................... 44 4.7 DEVELOPMENT PERMIT AREA NO. 7: LIGHT INDUSTRIAL – GUIDELINES .................................................... 44 5. TEMPORARY USE PERMITS ...................................................................................................................... 45

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Denman Island Land Use Bylaw, 2008

1 ADMINISTRATION

1.1 Definitions In this Bylaw, unless the context otherwise requires: 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, building or structure is located on common property in a bare land strata plan, on a strata lot in the same strata plan; access stairway means an outdoor stairway and landings, provided the depth of the landing does not exceed the width of the stairway; agriculture the use of land, buildings, or structures for the growing, rearing, harvesting, processing, marketing or production of agricultural plants, crops, or livestock;: agri-tourism means a tourist activity, service or facility accessory to the agricultural use of the land that is classified as a ‘farm’ under the Assessment Act, where no permanent facilities are constructed or erected, and includes all listed agri-tourism activities in Section 12.2 of the Agricultural Land Reserve Use Regulation; agri-tourism accommodation means a) a bedroom or other area used as a bedroom within an agri-tourism accommodation cabin or b) a tent or recreational vehicle on an agri-tourism accommodation campground as defined by the Agricultural Land Reserve Use Regulation; armoured ford means a ford of a stream that has been surfaced with material suitable to prevent the use of the ford from causing erosion or other damage to the stream channel; boathouse means an accessory building or structure used exclusively for storing or sheltering a boat; breast height means a point on a tree at 1.3 m above the point of germination, measured along the axis of vertical growth; building means any roofed structure which is used or intended to be used for the shelter, habitation, assembly, or accommodation of people or animals other than wildlife, or for the storage of goods and chattels, and includes mobile homes, wood sheds, garden sheds, tool sheds and outhouses; cliff means a sloping surface face of soil, rock or other natural material exceeding 15 metres in height, the average slope of which exceeds 48o as measured from a horizontal plane over a horizontal distance of 12 metres; common house means a building that may be used for the communal daily activities of the residents of the property and includes a kitchen, meeting room, library, laundry facility, and other such facilities but does not include sleeping accommodation and must not be used for sleeping accommodation.” community kitchen means a shared-use commercial processing area that is agency approved for preparing foods that may be sold elsewhere or for such things as catered functions; community water system means a system for the supply of water serving two or more customers as approved by a public authority; constructed top width means the width of the relatively level portion of a road, measured between the insides of the ditches, shoulders, cutbanks, or fills; constructed total width means the width of a road, including the constructed ditches, shoulders, cutbanks, or fills; covered walkway means a structure that shelters a walking area by a roof or awning and that is connected to a building; dangerous tree means a tree that is hazardous to human safety because of location or lean, physical damage, overhead hazards, deterioration of the limbs, stem or root system, or a combination of these; dbh means the diameter at breast height measured outside the bark around the trunk of the tree at 1.3 m above the point of germination; derelict vehicle means any vehicle that has been unlicensed for 12 months or more; domestic chicken coop means a building or structure used for accommodating chickens that are used for non- commercial purposes;

Some words and phrases are defined in Section 1.1 1

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Denman Island Land Use Bylaw, 2008 dwelling, multi-family means a building containing two or more dwelling units (excluding a principle dwelling with a BL234 09/2022 secondary suite), each having their own entrance, which may include an entrance from a common interior corridor BL242 or an exterior entrance; 02/2023 dwelling unit means one or more rooms in a building, containing a single set of cooking facilities, and used or BL 204 intended to be used, as a residence by an individual or a group of individuals living together in common occupancy; dwelling unit, affordable housing means a deed restricted and/or rent controlled dwelling unit that is secured by a BL234 09/2022 housing agreement, and is available to persons with a low income as defined by housing agreement for the dwelling unit; dwelling unit, seniors affordable housing means a deed restricted and/or rent controlled dwelling unit that is secured by a housing agreement, and is available to seniors on an affordable basis as defined by a housing agreement;

BL242 dwelling unit, single family means a building containing one dwelling unit; 02/2023 Engineer means a member of the Association of Professional Engineers and Geoscientists of British Columbia; fill means uncontaminated earth, sand, gravel or any other similar material used, or capable of being used, to raise the contour of the ground surface; food processing in regards to a home occupation means the creation of packaged food products intended for consumption off-site and excludes take-out restaurants, cafes or similar food service facilities; front yard means the area of a lot located between the front lot line and the front wall of the building closest to that lot line, and extending the full width of the lot; forest fungi means naturally growing mushrooms or similar products that may be cultivated using wood products from local trees and excludes mushrooms grown on manure; forestry sales mean the sale of lumber, timber, posts, and other similar wood products, but excludes the sale of goods manufactured from these materials; gouge means an injury to the stem of a tree that penetrates into the sapwood or deeper; grade means the average elevation of the ground at a distance of 1.0 metre from a building or structure determined by averaging the finished elevations at the midpoint of all of the exterior walls; gross floor area means the sum of the area of all storeys in a building or structure, measured to the outermost wall surface, including the areas of roofed porches, roofed terraces and roofed decks; ground-based machinery means powered vehicles that move by means of wheels or tracks in contact with the ground, including trucks, skidders, loaders, excavators, backhoes, and tractors; guest accommodation means accommodation provided for a fee to the travelling public, for a total length of stay of not more than 6 consecutive weeks and a total of 45 days in any one calendar year; height means the vertical distance to the highest point of the upper roof of a building or structure measured from the grade;

BL 194 hermitage means a spiritual retreat centre that may also offer educational programs and provides overnight accommodation and meals to guests participating in its programs and activities; high high water mark means the high water mark identified on the plan most recently registered in the Land Title Office, and where there is no such plan, means the natural boundary; horticulture means the growing of flowers, fruits, vegetables and other plants and includes the sale of such products when grown by the landowners on their lot; intensive agriculture means the use of land, buildings and structures by a commercial enterprise or an institution for the confinement of poultry, livestock or fur bearing animals, or the growing of mushrooms, except for forest fungi, and excludes feedlots; lot means 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; BL234 09/2022 lot coverage means the percentage of the total area of the lot covered by buildings and structures including roof BL242 overhangs but excluding cisterns connected to a building for the purposes of rainwater harvesting and collection; 02/2023 lot line means a legally defined boundary of any lot, and in the case of tenure under the Land Act, a boundary of the lease area; BL 200 lot line – edge means any lot line on a lot in the Agriculture zone that abuts a lot in another zone; Some words and phrases are defined in Section 1.1 2

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Denman Island Land Use Bylaw, 2008 lot line – front means the lot line common to the lot and the abutting highway, or access route under the Strata Property Act, and where there is more than one lot line common to a highway or access route, the following rules apply:  the shortest lot line abutting a highway or access route that is greater than 20.0 metres is the front lot line, except where there are no lot lines greater than 20.0 metres abutting a highway or access in route, in which case the longest line abutting a highway or access route is the front lot line;  where there are three or more lot lines and one or more of the lot lines is a corner-cut, one of the other lot lines is the front lot line based on the preceding rule;  where there are more than two lot lines defining a curve, including any tangents making up the curve in a highway or access route, all such lot lines defining the curve must be considered to be one lot line for the purpose of determining the front lot line; and  where a lot is split by a highway or access road, a front lot line will be determined for each portion of the lot; lot line - rear means the property line opposite to and most distant from the front lot line, or where the rear portion of the parcel is bounded by intersecting lines, it shall be the point of such intersection; lot line – exterior side means a lot line not being the front lot line but common to a lot and an abutting highway or access route; lot line - side means any lot line not being a front lot line, rear lot line or exterior side lot line; BL 194 mobile means, in relation to a building, not permanently affixed to the land with the ability to be moved to another location by towing or similar means; BL 211 Moveable housing unit means a dwelling unit capable of being moved from location to location which does not require a permanent foundation; natural boundary means:  with reference to the sea or a lake, the visible high water mark of the lake, where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark on the soil or rock of the bed of the sea or a lake a character distinct from that of the adjoining upland, in vegetation as well as in the soil or rock;  with reference to a stream, the normal high water mark of the stream, which is often indicated by the edges of rooted terrestrial vegetation, and a definite change in vegetation and sediment texture, above which soils and terrestrial plants appear undisturbed by recent erosion, and below which the stream banks show signs of scouring or sediment deposition or both;  with reference to a wetland, the boundary between the wetland and the adjacent upland, where the extent of the wetland is usually indicated by the presence of plants that normally grow in water or water-saturated soils or peat soils, and soils that are water-saturated or show evidence of prolonged water saturation(gleying) within 30 cm of the surface or are peat soils; occasional:  in relation to markets means no more than 45 operating days per calendar year, of which no more than 2 may be consecutive;  in relation to fairs and festivals means no more than 45 operating days per calendar year, of which no more than 7 may be consecutive;  in relation to woodworking and wood processing means no more than 45 operating days per calendar year, of which no more than 30 may be consecutive;  in relation to the use of an accessory building, a travel trailer or a vessel for non-commercial accommodation means a total length of stay by an individual of not more than 45 days per calendar year, of which no more than 30 may be consecutive; open land recreation means hiking or temporary camping with no associated permanent structures, for which no fees are collected and where the maximum number of camping sites used in any 12 month period shall not exceed 1 per 5 hectares of the land; obsolete signs means signs that identify a use, building or structure that no longer exists; panhandle Iot means a lot, the configuration of which results in a front lot line that is less than 50% of the average lot width;

Some words and phrases are defined in Section 1.1 3

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Denman Island Land Use Bylaw, 2008 BL 200 Passive recreation means non-motorized outdoor leisure activities which can be carried out with a minimal impact to the natural environment including but not limited to hiking, picnicking, horseback riding and bicycling. permanent sawmill means a sawmill that is attached to the ground or footings or a portable sawmill that is in use on the same property for more than 45 days; personal services means a use whereby services are provided directly to the physical person or clothing of the consumer, for example, hair cutting, massage therapy, dressmaking, clothing repair, professional health care, and includes the incidental retail sale of goods commonly associated with these uses; portable sawmill means a sawmill that is transported and removed from the working site by attaching to a motorized vehicle; principal in relation to use, building or structure means the main or primary use, building or structure; Produce stand means a structure used for the sale of agricultural products where the products being offered for sale have been grown or reared on Denman Island; pruning means removal of branches in a way that does not jeopardise the vitality of the trees or woody plants being altered; public authority means a government body that manages some activity or business on behalf of the public; park means land designated as park on a plan of subdivision filed in the Land Title Office or land designated under the Park Act or the Park (Regional) Act, and includes playgrounds and playing fields; passive recreation means walking, hiking, and similar non-invasive activities pump/utility house means an accessory building or accessory structure that is used only for the purposes of housing a well head, water pumping and purifying devices, and electrical power or communication connection devices; Qualified professional, in relation to providing proof of potable water under Section 2.8 of this Bylaw, means a professional as defined in the British Columbia Sewerage System Regulation under the Health Act; Qualified wildlife/danger tree assessor means a person who has successfully completed a Wildlife/Danger Tree Assessor’s course, and is certified by the Wildlife Tree Committee of British Columbia, or its successor agency, as being qualified to assess wildlife and dangerous trees; recycling depot means a non-profit facility in which materials are separated and prepared for shipment elsewhere and eventual reuse in a new product; Registered Professional Biologist means a person who is a professional biologist registered with the Association of Professional Biologists of British Columbia; Registered Professional Forester means a professional forester as defined in the Foresters Act; removal of vegetation means felling of trees, uprooting of plants, removal of logs, or other large-scale alteration of the plant cover but specifically excludes the pruning of trees for the purpose of: admitting sunlight to an established garden; maintaining a view; mowing or cutting of lawns; and cultivating existing gardens and orchards; residence means:

 the occupancy or use of a dwelling unit for the permanent domicile or home life of a person or persons; or  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 residence does not include guest 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 Estate Act or successor legislation; BL234 residential rental tenure means the granting of a right to occupy a dwelling unit as living accommodation where the 09/2022 minimum occupancy period is thirty consecutive days, and where the dwelling unit is not owned by a dwelling unit BL242 occupant, but where regular payments are made to the owner for the use of the dwelling unit; 02/2023 retail sales and rentals means the selling of goods or merchandise directly to the consumer and includes bicycles, scooters, tools, equipment and home entertainment products, but excludes automobiles, recreational vehicles and heavy equipment; riparian describes the land adjacent to the normal high water level in a stream, lake, or wetland and extending to the portion of land that is directly influenced by the presence of adjacent ponded or channelled water;

Some words and phrases are defined in Section 1.1 4

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Denman Island Land Use Bylaw, 2008 school means a school as defined by the Schools Act or the Independent Schools Act and does not include overnight accommodation or a dormitory; BL 195 seasonally flooded agricultural field means land that has been previously modified for agriculture and experiences flooding during part of the year due to its location in a low lying area with poor drainage or with a high water table;

BL 211 secondary dwelling unit means a dwelling unit, which may be a moveable housing unit, that is accessory to a permitted principal dwelling unit and which is limited in floor area; BL 211 secondary suite means an accessory, self-contained dwelling unit, located within a building that is a single real estate entity which otherwise contains a single family dwelling, and having a lesser floor area than the principal dwelling unit; setback means the horizontal distance that a building, structure or use must be sited from a specific lot line, building, structure or other specified point; shellfish aquaculture means the raising of any aquatic invertebrate animal having a shell (for example, oysters, clams, and crabs) for commercial purposes; Sleeping unit means a) a bedroom in a dwelling or b) a tent or recreational vehicle on a campsite used for agri- tourism accommodation; storey means all areas of a building or structure in which the ceiling is at least one metre above the floor at its lowest point, but excludes crawl spaces; stream means any natural depression:  in which water exists at least seven months of the year flowing on a perennial or seasonal basis; and  in which the continuous channel bed is 0.6 metre or more below the average elevation of the surrounding land; or if the bed or banks of the reach are locally obscured by overhanging or bridging vegetation or soil mats, in which the channel bed is scoured by water or contains observable deposits of mineral alluvium; but excludes road side drainage ditches on a highway right-of-way; structure means anything constructed or erected that is fixed to, supported by or sunk into land or water, whether underwater or otherwise, but excludes vehicles, floating vessels, ground-level paving for driveways and vehicle parking, ground-level sidewalks, detached ground-level patios and decks, detached access stairways and boardwalks, power-poles and telecommunication poles; third party signs means signs advertising business, products, goods or services not provided on the lot on which the sign is located top of the inner gorge means the boundary between a side-wall slope adjacent to a stream, that has a slope greater than or equal to 60% slope, and an adjacent upland area that has a slope of less than 60%; utilities means water, sewer, electrical, telephone and similar services where established by a government body or by a company operating under the Utilities Commission Act, and where such use is intended for the local community; vehicle fuel service means the retail sale of gasoline, propane and diesel fuel; wetland means a swamp, marsh, bog, or other low lying, poorly drained area where the water table is at, near, or above the surface, or soils are saturated for a sufficient period of time to be the principal determinant of vegetation and soil development; and that has:  obligate hydrophytic vegetation (water loving plants that grow in standing water or soils that are saturated for all or a major part of the growing season), and  subhydric or hydric soils, as distinguished by free water or prolonged saturation, evidenced by dull grey gleyed soils that are within 30 cm of the mineral surface or peat soils that are 40 cm or more thick; and wildlife tree means a tree, live or dead, that has special characteristics that provide valuable habitat for the conservation or enhancement of wildlife, such as a large stem or branches, a hollow trunk, a dead, broken or deformed top, internal decay, or loose or sloughing bark.

1.2 Jurisdiction

Application 1 This Bylaw applies to that portion of the Denman Island Local Trust Area shown on Schedule B. Without

Some words and phrases are defined in Section 1.1 5

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Denman Island Land Use Bylaw, 2008 limiting the foregoing, this includes Denman Island and the areas seaward of its shoreline encompassing all other islands, islets, rocks and reefs, the seabed, and the sea surface, plus any other water surface areas and all air spaces within the boundary shown in Schedule B.

Interpretation 2 Some words and phrases are defined in Section 1.1 of this Bylaw. Definitions of words set out in sections 5 and 872 of the Local Government Act and Section 29 of the Interpretation Act also apply to this Bylaw. 3 Metric dimensions are used in this Bylaw.

Covenants 4 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 Denman Island Local Trust Committee in priority to all financial charges and delivered in registerable form satisfactory to the Denman Island Local Trust Committee prior to the granting of any approval or authorisation in respect of which the covenant or statutory right of way is required. The covenant must indemnify the Denman Island Local Trust Committee in respect of any fees or expenses it may incur as a result of a breach of the covenant by the covenantor.

1.3 Compliance

Conformity 1 Any land, water surface, building or structures may be used only in accordance with this Bylaw. 2 Any building, structure or sign may be constructed, reconstructed, placed, altered, extended, located, relocated or maintained only as expressly permitted in this Bylaw. 3 The use of land, buildings or structures that is lawful at the time of adoption of this Bylaw, although not conforming to the provisions of this Bylaw, may be continued subject to the provisions of Section 911 of the Local Government Act. 4 Nothing contained in this Bylaw relieves any person from the responsibility to comply with other legislation applicable to their undertaking.

Inspection and Enforcement 5 Any person doing or permitting any act or thing in contravention of this Bylaw or neglecting or refraining from doing any act or thing required to be done by this Bylaw, is deemed to have violated its provisions. 6 Any person violating provisions of this Bylaw is, upon summary conviction, liable to a penalty of not more than five thousand dollars ($5,000) and the cost of prosecution. Each day of violation constitutes a separate offence. 7 The Bylaw Enforcement Officer and any other Islands Trust Officer or other person appointed in that capacity are authorised to enter, at all reasonable times, upon any property subject to the provisions of this Bylaw to ascertain whether the regulations of this Bylaw are being or have been observed.

Enforcement of Siting Regulations 8 Every applicant for a development permit or development variance permit must provide a plan signed by a B.C. Land Surveyor showing the location on the lot of all existing and proposed buildings, structures and sewage disposal fields in relation to lot and zone boundaries, lakes, wetlands, 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 Bylaw

Severability 9 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 validity of the remaining portions of this Bylaw.

1.4 Applying to Make Changes to this Bylaw

Some words and phrases are defined in Section 1.1 6

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Denman Island Land Use Bylaw, 2008 1 The Denman Island Procedures Bylaw specifies how an application to amend this Bylaw should be made. 2 The Denman Island Fees Bylaw specifies the fee for making an application to amend this Bylaw. INFORMATION NOTE: An application to amend this Bylaw can be made to the Denman Island Local Trust Committee. Copies of bylaws can be obtained by contacting the Islands Trust office. The Local Trust Committee will consider prior to and during a Public Hearing, the Official Community Plan, residents’ opinions and other information in deciding whether a proposed amendment should be approved. From time to time, the Local Trust Committee may amend this Bylaw as part of the process of implementing the policies of the Official Community Plan, or where there is a specific need.

1.5 Determination of Density – Lots in Two or More Zones 1. If a lot is in two or more zones, for the purposes only of the regulations in Part 3 of this Bylaw regarding units per hectare, lot coverage and minimum lot areas, the portions of the lot that have different zoning classifications must be considered as if they were separate lots. 2. Despite 1.5.1, no more than one dwelling unit is allowed on the lot, unless the zoning regulations allow more than one dwelling in the zoning classification. 3. Despite 1.5.1 on lots where the zoning classification permits more than one dwelling unit per lot, the maximum number of dwelling units is the sum of the number of dwelling units that would be permitted in each zoning classification under 1.5.1.

Some words and phrases are defined in Section 1.1 7

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Denman Island Land Use Bylaw, 2008

2 GENERAL REGULATIONS

2.1 Uses, Buildings and Structures

Limitations 1 Only those uses, buildings and structures listed in Part 3 of this Bylaw, and no other uses, buildings and structures are permitted.

Principal Dwelling Units 2 Subject to Section 2.4 (home occupations), the use of a dwelling unit for vacation rental or for the accommodation of paying guests is not permitted. 3 On lots where a principal dwelling unit exists and a subsequent principal dwelling unit is to be created, the landowner must provide proof of an adequate supply of water for the second or subsequent dwelling unit using the rules for proving water for a subdivision in Section 2.8. BL 211 Secondary Suites and Dwelling Units 4 Secondary dwelling units may be permitted, subject to conditions, by Temporary Use Permit on lands zoned as “R2” (Rural Residential), “A” (Agriculture), “F” (Forestry) and “RE" (Resource), and on properties in the Agricultural Land Reserve without a Temporary Use Permit. Secondary suites are generally permitted within a principal dwelling within these zoning designations. 5 A secondary suite is permitted within a dwelling unit provided that: a) Either the dwelling unit or secondary suite is occupied by the owner of the dwelling unit; or the dwelling unit or the secondary suite is occupied by a person other than the owner who has responsibility for managing the property, including dealing with complaints of neighbours arising from the occupancy of the property; b) There is a maximum of one secondary suite permitted per lot; c) The secondary suite is contained within the walls of a permitted dwelling unit; d) The secondary suite shall have an external access only which is separate from that of the principal dwelling; e) The floor area permitted for a secondary suite is no more than 40% of the floor area of the dwelling unit to a maximum of 90 square metres; f) One off-street parking space is provided for the exclusive use of the secondary suite; and g) The secondary suite is not subdivided from the principal dwelling unit under the Land Title Act or the Strata Property Act. 6 Where permitted by a Temporary Use Permit a secondary dwelling unit shall: a) Not have a floor area in excess of 140 square metres; b) Shall not be located more than 60 metres from the principal residence unless otherwise approved by the Local Trust Committee as a condition of the permit; and c) Be connected to an approved sewerage system. d) Include a rainwater catchment and storage system for a capacity of at least 1,000 gallons unless otherwise approved by the Local Trust Committee as a condition of the permit. 7 A written plan for the supply of water is to be provided that demonstrates an adequate supply of potable water prior to the issuance of any permits to allow the use.

8 Where water is supplied to a secondary suite or a secondary dwelling unit by a community water system, the operator of the community water system must provide written confirmation that it has sufficient capacity prior to the issuance of any permits to allow the use.

Some words and phrases are defined in Section 1.1 8

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Denman Island Land Use Bylaw, 2008 9 Where water is to be supplied from a surface water body, a water license, issued by the Province, must permit the withdrawal of the required amount of water prior to the issuance of any permits to allow a secondary suite or secondary dwelling unit.

INFORMATION NOTE: Any residence approved by the Agricultural Land Commission for farm help within the ALR does not require a Temporary Use Permit. INFORMATION NOTE: Secondary suites and secondary dwelling units are not permitted to be used for short term vacation rental or for the accommodation of paying guests in accordance with Regulation 2.1.2 of the Denman Island Land Use Bylaw.

Accessory Buildings and Structures

BL234 10 Accessory buildings and structures are not to be used for overnight accommodation other than on an 09/2022 occasional basis, except as permitted elsewhere in this Bylaw and the use is not permitted on a parcel in the “Affordable Rental Housing (R4) Zone. BL242 02/2023

Travel Trailers BL234 09/2022 11 Travel trailers may be stored on the lot and used for occasional non-commercial accommodation except on BL242 a parcel zoned “Affordable Rental Housing (R4). 02/2023 12 A travel trailer, bus or similar vehicle may be used as a principal dwelling unit or as a secondary dwelling BL 211 unit approved by a Temporary Use Permit on any lot where a single family dwelling is a permitted building provided that it:  is on a lot larger than 1.0 ha or is screened from adjacent properties subject to Section 2.7;  is connected to an approved sewage disposal system; and  is considered a dwelling unit for the purpose of residential density calculations.

Water Zones 13 In the water zones, no building or structure may be used for overnight accommodation. 14 In the water zones, a vessel may be used for occasional non-commercial accommodation but shall not be used as a permanent residence.

Covered Walkways 15 Buildings located within 4.0 metres of each other and attached by a covered walkway are deemed to be one building.

Undersized Lots 16 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 Part 3 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 that zone and provided the provisions of the Health Act and attendant regulations have been met.

2.2 General Height Regulations 1 Despite any regulations in the zoning tables in Part 3, height restrictions do not apply to deer fencing, netting supports, trellises, radio or television antennas or any accessory radio or television antennas, including satellite dishes, flag poles, lighting poles, utility poles, stairways, chimneys, or water storage tanks that are attached to and accessory to a principal use.

2.3 General Setback Regulations

Setbacks from Cliffs 1 Despite any zone specific regulations no building may be sited less than 15.0 metres, measured horizontally, from the edge of a cliff.

Some words and phrases are defined in Section 1.1 9

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Denman Island Land Use Bylaw, 2008 Setbacks from Streams, Lakes, and Wetlands 2 The minimum setback from the natural boundary of a stream, a lake other than Chickadee Lake or Graham Lake, or a wetland is:  30.0 metres for a sewage disposal field or alternate sewage system;  30.0 metres for buildings and structures associated with agriculture, except for a fence; and  15.0 metres for all other buildings and structures, except for a fence. The minimum setback from Chickadee Lake and Graham Lake is 60.0 metres for a sewage disposal field, alternate sewage system, and all other buildings and structures, including fencing associated with agriculture or used to accommodate domesticated animals other than household pets.

INFORMATION NOTE: The riparian areas of most streams, lakes and wetlands are designated as a development permit area, as shown on Schedule E of the Official Community Plan.

Setbacks and Elevations from the Sea 3 The minimum setback from the natural boundary of the sea is:  30.0 metres for a sewage disposal field or alternate sewage disposal system;  30.0 metres for buildings and structures, associated with agriculture, except for a fence;  5.0 metres for a boathouse; and  15.0 metres for all other buildings and structures, except for a fence or access stairway. 4 The minimum difference in elevation between the underside of the lowest floor in the building or structure and the elevation of the natural boundary of the sea is 1.5 metres, except for a boathouse. 5 Where fill is used to attain the elevation required in Regulation 4 of this section:  the minimum setback distance required in Regulation 3 of this section is measured from the toe of the fill slope to the natural boundary of the sea; and  the face of the fill slope must be protected against wave action from floodwaters.

Setback Exemptions 6 Despite setback regulations 1 through 5 in Section 2.3 and setback regulations in Part 3 of this Bylaw, the following may be located in setback areas:  tanks for the storage of rainwater, provided they do not project more than 1.0 metre into the required setback.

2.4 Home Occupation Regulations 1 A home occupation, when permitted in any zone, shall be subject to regulations 2 to 16 of this section.

Permitted Home Occupation Uses 2 The following uses, and no other uses, are permitted as home occupations  home-based guest accommodation  artist or artisan studios, including sale of products produced on site  general business offices  professional offices, including health services  personal services  welding shops, including sale of products produced on site  manufacture, repair and assembly of goods  sale of agricultural products produced on-site  trades-person offices including storage of tools of the trade  daycare

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Denman Island Land Use Bylaw, 2008  food processing  automobile repair and maintenance on lots larger than 2.0 hectares 3 Despite regulation 2 of this section, the following uses, and no others are permitted as home occupations in BL234 09/2022 the R4 zone: BL242 02/2023  general business offices  professional offices, excluding health services  artist or artisan studios

4 Notwithstanding 2.4 regulation 3 of this section, the following is prohibited in the R4 zone:

BL234  on site purchase of any products or services 09/2022  on site attendance of clientele or customers BL242 02/2023  creation of noise which disturbs persons

General Regulations 5 Home occupations must be accessory to an active residential use. 6 The external appearance of the premises on which the home occupation is operated must retain a residential appearance. 7 The maximum combined floor area used for home occupations:  on lots less than 1.0 hectare is 60 per cent of the floor area of the dwelling unit in which the home occupations are located; and  on lots of 1.0 hectares or larger is 60 per cent of the combined floor area of the dwelling unit and accessory buildings in which the home occupations are located. 8 A daycare is limited to the care at any one time of no more than seven children. 9 A home occupation may not produce, store or use hazardous materials, except for household goods and required materials for trades, welding, artistic or health care purposes. 10 Only those goods, arts, and crafts produced on the site may be sold from a home occupation. 11 The use of a permanent sawmill or portable sawmill as part of a home occupation is prohibited.

Location of Uses 12 On lots that are less than 1.0 hectares, the use shall be conducted entirely within a building containing a dwelling unit. 13 On lots of 1.0 hectares or larger, home occupations may be in the principal dwelling unit and in accessory buildings.

Uses Permitted Outdoors 14 Despite regulations 10 and 11 of this section, kilns used exclusively for the home occupation may be freestanding outside the dwelling unit, and a play area for a daycare may be permitted outside the dwelling unit. 15 Despite regulation 10 and 11 of this section, outdoor storage associated with home occupations involving trades, manufacture repair and assembly of goods or automobile repair and maintenance is permitted provided that the lot coverage used collectively by all home occupation activities does not exceed 10 per cent of the lot area including areas for the storage of vehicles, equipment and materials used in the home occupation.

Number of Employees 16 The maximum number of non-resident employees permitted per lot is:  one on lots less than 1.0 hectare;  two on lots of 1.0 ha and less than 2.0 hectares; Some words and phrases are defined in Section 1.1 11

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Denman Island Land Use Bylaw, 2008  three on lots of 2.0 ha and less than 3.0 hectares; and  four on lots of 3.0 hectares or larger. BL234 09/2022 17 Despite regulation 16 of this section, no non-resident employees are permitted in the R4 zone. BL242 02/2023 Home-based Guest Accommodation 18 Despite Regulation 11 of this section, home-based guest accommodation must be contained within the principal dwelling unit. 19 Unless otherwise permitted in Part 3 of this Bylaw, a home occupation providing home-based guest accommodation shall have no more than three bedrooms, with a maximum of two beds each, which may be rented to transient paying guests. 20 Meals may be served to transient paying guests in a home occupation providing home-based guest accommodation. BL 216 Jan 28 2016 21 A second set of cooking facilities may be provided in a residence which provides home-based quest accommodation, in accordance with the provisions of this bylaw, to allow for transient paying guests to BL 200 prepare their own meals. BL 216 Jan 28 2016 2.5 Parking Regulations

General Regulations 1 Parking spaces are required in accordance with this Section for the establishment or expansion of any use of land, buildings or structures and for the construction of an addition to any buildings or structures. 2 If a use is not listed in this section, the number of parking spaces required is to be calculated on the basis of the most similar use listed. 3 If more than one use is located on a lot, or parking collectively serves more than one building or use, the total number of parking spaces is the sum of the various classes of uses calculated separately. 4 Where the calculation of total required parking spaces results in a fractional number, the nearest whole number above that calculated is the number of total required spaces.

Location 5 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 adjourning 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 this section. 6 Despite Regulation 5 of this section, required off-road parking spaces may be provided on a nearby lot provided it is within 100 metres of the use, building or structure being served, and provided a restrictive covenant complying with Regulation 4 of Section 1.2 is registered against the parcel on which the parking is provided ensuring that the required parking area will remain available for parking in conjunction with such use. 7 Where parking areas are located in the front yard they shall not exceed 40 per cent of the area of the front yard. 8 All automobile parking spaces for disabled persons must be located adjacent to the main entrance of the building for which the parking is required and marked with a sign or symbol identifying each space reserved for such parking.

Dimensions 9 Each automobile parking space must be accessible to a highway via a manoeuvring aisle not less than 7.5 metres in width in the case of 90 degree parking and 5.5 metres 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. 10 Automobile parking spaces must be at least 2.75 metres in width and 6.25 metres in length, exclusive of manoeuvring aisles, and have an unobstructed vertical clearance of at least 2.0 metres. Parallel parking spaces must, despite the foregoing, must have a length of 7.5 metres.

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Denman Island Land Use Bylaw, 2008 11 Despite Regulation 10 of this section, automobile parking spaces for disabled persons must be a minimum of 3.7 metres in width and 6.25 metres in length, and have an unobstructed vertical clearance of at least 2.0 metres.

Design Standards 12 Where five or more automobile parking spaces are required  all parking spaces are to be provided and maintained with a hard, durable surface or with gravel  the parking area is to be landscaped and screened from adjacent residential properties. 13 The slope of any automobile parking space shall not exceed 10 per cent. 14 Lighting fixtures for the parking area must be less than 1.0 metre in height and must be directed exclusively at the parking area at illumination levels of 11 lux or less1.

Number of Parking Spaces Required 15 The minimum number of parking spaces required is as specified in accordance with regulations 16 to 18 of this section

BL234 16 Minimum number of automobile parking spaces is 09/2022 residential BL242 02/2023  one per one single family residential dwelling unit  one per one cabin or accessory residential use  two per dwelling unit in a multi-family dwelling home occupations  one per two non-resident employees in a home occupation  one per rental room in a home occupation providing home-based guest accommodation commercial  one per 20.0 square metres of gross floor area of a building or structure for a commercial use other than a restaurant, cafe, public docking facility, or vehicle fuel sales  one per three seats in a restaurant or café  one per four berths in a public docking facility, plus four per launch ramp or hoist  four per vehicle fuel service  one per sleeping unit of agri-tourism accommodation institutional  one per 25.0 square metres of gross floor area of a building or structure for a school, community hall, church, social hall, museum use, health care service use, recycling centre or similar use  one per each employee or volunteer for a fire hall, police station or ambulance station resource  one per 30.0 square metres of gross floor area for a building or structure for an industrial, equipment storage, material supply or warehouse use  one per 15 square metres of gross floor area for a greenhouse, a nursery, farm sales or forestry sales. 17 Minimum number of bicycle parking spaces is  four, or one per 150 square metres of gross floor area for a commercial use, whichever is greatest  four, or one per 10 students in a school, whichever is greatest  four, or one per 150 square metres of gross floor area for a community hall, church, social hall, BL234 museum or other institutional use, whichever is greatest. 09/2022

1 A lux is a measure of candlepower per square metre. Ten lux is considered adequate to do most tasks.

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Denman Island Land Use Bylaw, 2008  One per dwelling unit in a multi-family dwelling  Four, or one per sleeping unit of agri-tourism accommodation, whichever is greatest 18 Of the number of automobile parking spaces required in Regulation 16 of this section for commercial or BL242 institutional uses, a minimum of one, or one per 50 required parking spaces, whichever is greatest, must be 02/2023 provided for disabled persons.

2.6 Signs Regulations

Permitted Signs Maximum Maximum Maximum Area of a Combined Number of Sign Sign Area Signs BL234 09/2022 1 Residential (R1), Rural Residential (R2), Co-housing 0.5 m2 1.0 m2 per lot no limit (R3), and Affordable Rental Housing (R4) zones 2 Agriculture (A), Forestry (F) and Resource (RE) zones 0.75 m2 2.0 m2 per lot no limit 3 Commercial (C) and Light Industrial (L) zones 2.0 m2 2.0 m2 per 2 per business business 4 Institutional (IN) zone 2.0 m2 2.0 m2 per lot 2 per lot 5 Conservation (CN) and Parks (PK) zones 1.0 m2 1.0 m2 per lot no limit 6 Marine Aquaculture (W3) zone 0.5 m2 1.0 m2 per 2 per tenure tenure 7 In addition to the signs permitted in regulations 1 to 6 of 1.0 m2 2.0 m2 per lot 2 per lot this section, temporary real estate signs in all zones, which must be removed within 2 weeks of sale 8 In addition to Regulation 3 of this section, each business in the Commercial (C) zone and Light industrial (L) zone is permitted a maximum of one additional non-flashing neon sign that advertises the business as open, and such a sign must be no larger than 0.3 square metres. 9 In all zones, free standing signs shall not be deemed “structures” for the purposes of requiring compliance with horizontal setback regulations from lot lines or natural features. 10 The maximum areas set out in Section 2.6, Regulations 1 to 7 refers to the area of one face of a sign.

Height of Signs 11 In all zones, the maximum height of free standing signs is 3.0 metres. 12 In all zones, the maximum height of a sign attached to a building or structure is the same as the maximum height for the building or structure as set out in the zoning tables in Part 3.

Exempted Signs 13 Signs exempted from the provision of this section are:  those approved by a public authority such as directional signs, traffic signs, electoral signs and marine navigational signs  warning signs, such as private property, no trespassing, no vehicles, and no hunting signs provided that such signs are no larger than 0.2 square metres.  interpretative signs  murals, providing the mural is not advertising a product or service.

Prohibited Signs 14 Except as permitted in regulations 3 to 12 of this section, the following signs are expressly prohibited  animated signs  Illuminated signs  obsolete signs Some words and phrases are defined in Section 1.1 14

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Denman Island Land Use Bylaw, 2008  third party signs larger than 0.5 square metre regardless of location

2.7 Screening Regulations

General Regulations 1 Where a landscape screen is required by this Bylaw, it must be provided in the form of:  existing vegetation of the required height or  a row of drought-tolerant evergreen plants that after three years of growth will attain the required height and provide a continuous, permanent visual screen between the uses being separated. 2 The minimum height of a landscape screen is 2.0 metres. 3 The minimum depth of a landscape screen is 1.5 metres. 4 Landscape screens along a front or exterior side lot line must be unbroken, except to provide for access to or from the lot. 5 All agri-tourism accommodation must be screened from view from an adjacent lot by a landscape screen a berm, or fencing.

Landscape Screens 5 All commercial, industrial and institutional uses must be screened from view from a lot in the Residential (R1) or Rural Residential (R2) zone by a landscape screen. 6 All outdoor storage or use related to a home occupation must be screened from view from an adjacent lot or highway by a landscape screen. 7 All works yards, commercial or industrial outdoor storage, or derelict vehicles must be screened from view from an adjacent lot or highway by a landscape screen. BL234 8 All uses in the R3 and R4 zones must be screened from adjacent properties with a landscape screen located 09/2022 within the setback area, except that dead trees or trees that pose a safety risk may be extracted from the BL242 setback area. 02/2023

2.8 Subdivision Regulations

Compliance with Minimum Lot Area and Minimum Average Lot Area 1 Except as provided for in Regulation 21 of this section, no lot may be created by subdivision that renders an existing use, building or structure non-conforming with respect to a siting or density provision of this Bylaw. 2 Except as provided for in regulations 20 and 21 of this section, no lot may be created by subdivision that does not comply with the regulations contained in Part 3. 3 Every subdivision must comply with the applicable minimum lot area and minimum average lot area specified by this Bylaw and for that purpose, the average lot area is determined by Total area of all proposed lots including the remainder divided by Number of Proposed lots including the remainder.

The resulting number must equal or exceed the applicable minimum average lot area or, if there is no minimum average lot area specified, the applicable Minimum lot Area. 4 No more than 50 per cent of the total number of lots in the subdivision shall be less than the applicable minimum average lot area. INFORMATION NOTE: The minimum average lot area is used for calculating the maximum number of lots that may be created by subdivision. The minimum lot area is used for determining the smallest size lot that can be created by subdivision. If there is no minimum average lot area specified, then the minimum lot area is used to determine the maximum number of lots that may be created by subdivision. In this Bylaw, the minimum average lot area is only used in the Rural Residential (R2) Zone.

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Denman Island Land Use Bylaw, 2008 INFORMATION NOTE: The 50 per cent requirement in Regulation 4 will have no effect on a bare land strata subdivision due to the lot averaging provisions in the Bare Land Strata Regulations under the Strata Property Act.

Parcels Divided by a Zone Boundary 5 Where a lot to be subdivided is split by one or more zone boundaries, a separate calculation of the number of lots permitted shall be made for each portion, and no lot may be created in respect of any fractional areas resulting from such calculation.

Lot Configuration Regulations 6 For any lot created by subdivision, the average width measured between side lot lines is at least one third the average depth measured between the front and rear lot lines, excluding the access strip of panhandle lots. Average depth is calculated by establishing the front and rear lot lines and then taking an average of the distance between the side lot lines, and for the purpose of this calculation the measurements must be taken at intervals not exceeding 20 metres along the length between the rear and front lot lines. This regulation does not apply to common property in a subdivision created under the Bare Land Strata Regulations of the Strata Property Act. 7 For any lot created by subdivision, the minimum highway frontage is 20.0 metres, and for a strata title subdivision, the minimum access road frontage is 10.0 metres. INFORMATION NOTE: For information on road standards see the Letter of Agreement between the Islands Trust and the Ministry of Transportation, dated October 20, 1992 and amended July 18, 1996. INFORMATION NOTE: For information on park dedication requirements of a subdivision see Section 941 of the Local Government Act, and for information on the 10 per cent frontage requirements see Section 944 of the Local Government Act. Proof of Potable Water - Amounts 8 Each lot in a proposed subdivision must be supplied with sufficient potable water from a well, surface water supply or community water system to accommodate all uses, buildings and structures permitted on the lot by this Bylaw according to the standards set out in regulations 9 to 11 of this section. 9 In Residential and Resource zones, the minimum amount of potable water that must be provided per day is 1200 litres for each permitted principal residential dwelling unit, unless a cistern, subject to Regulation 17 of this section, is provided, in which case the minimum is 1000 litres for each permitted principal residential dwelling unit 10 In the Commercial zone, the minimum amount of potable water that must be provided per day is 3600 litres for each one hectare of lot area. 11 In Public zones, the minimum amount of potable water that must be provided per day is:  50 litres for each classroom in a school; and  1200 litres per lot for all other institutional uses.

Proof of Potable Water – Well and Surface Water Certification 12 Where a well is proposed as a source of water for a proposed subdivision, the applicant must provide written certification under seal of a qualified professional:  that there is, in respect of each building, structure or use of land permitted by this bylaw, sufficient available groundwater to provide the required amount of potable water on a continuous basis; and  that extraction from the groundwater table for that amount of water is not reasonably expected to adversely affect the quantity of water obtainable from any existing well or surface water that is used as a source of water. 13 Where a surface water supply is proposed as a source of potable water for a proposed subdivision, the applicant for subdivision must provide proof of a water license that permits the withdrawal of the required amount of water. 14 If the applicant proposes to provide potable water from a well or surface water supply on another lot, the applicant must concurrently with the registration of the subdivision plan, register against title on the lot on which the well is located an easement in favour of each lot to which water is provided, and a statutory right-of-way complying with Regulation 4 of Section 1.2 for water supply purposes.

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Denman Island Land Use Bylaw, 2008 15 If the required amount of potable water cannot be supplied, as measured at the tap, or if the certification referred to in Regulation 12 of this section cannot be made, the applicant must:  provide a community water system complying with the requirements of Regulation 18 of this section, or  grant a covenant complying with Regulation 4 of Section 1.2 restricting the development of the subdivision to the buildings, structures and uses in respect of which water can be supplied in accordance with regulations 9 through 11 and a certification has been made under Regulation 12 of this section.

Proof of Potable Water - Cisterns 16 Where a cistern is required by this Bylaw, the landowner must:  provide one or more cisterns with a combined capacity of 8400 litres of potable water; and  provide a covenant complying with Regulation 4 of Section 1.2 prohibiting use of the property for which proof of potable water is required until cisterns are in place capable of holding the required amount of water.

Community Water System 17 Where a community water system is proposed to serve a subdivision:  the community water system must comply in all respects with applicable provincial enactments;  the water supply for the community water system must be obtained on Denman Island; and  if the water system is to be supplied by a well, the immediate catchment area of the well, as defined by an Engineer, is to be protected from pollution by a covenant in accordance with Regulation 4 of Section 1.2 prohibiting the installation of sewage disposal fields or other sanitary facilities.

Waste Disposal 18 For any lot created by subdivision, the applicant must demonstrate the availability of an area of the lot for the installation of a conventional septic tank or package treatment sewage disposal system with the characteristics required by the Sewerage System Regulation under the Health Act.

Exceptions 19 Regulations 2 to 19 of this section do not apply:  to a lot being created solely for the purpose of locating unattended equipment necessary for the operation of a community water or sewerage system, an automatic telephone exchange, an electrical substation, or a similar public service facility or utility, and where no sewage would be generated, provided a covenant complying with Regulation 4 of Section 1.2 restricts the uses on this lot; or  to a lot being created for park purposes where such parcel is to be shown as park on the plan of subdivision or for an ecological reserve that does not contain buildings, provided a covenant complying with Regulation 4 of Section 1.2 restricts the uses on this lot; or  to a lot being created solely for the purpose of sale or dedication to a conservation agency for conservation purposes, provided a covenant complying with Regulation 4 of Section 1.2 restricts the use of the lot to conservation. BL 200  to a lot being created solely for the purpose of a cemetery 20 Minimum lot areas permitted by subdivision in Part 3 do not apply:  to a lot resulting from a consolidation of two or more lots; or  to a lot resulting from a boundary adjustment between two or more lots, provided that no additional lots are created and no lot is increased in area such that it could be subdivided into more lots than would be permitted under this Bylaw, without the boundary adjustment. INFORMATION NOTE: A lot created by subdivision for the provision of a residence for a relative under Section 946 of the Local Government Act is exempt from the minimum lot areas in Part 3 of this Bylaw. 21 The minimum area of a lot eligible for subdivision under Section 946 of the Local Government Act outside the Agricultural Land Reserve is 8.0 hectares. INFORMATION NOTE: For land outside the ALR, section 946 of the Local Government Act requires that the landowner enter into a covenant with the local trust committee limiting the use of the newly created lot to a residence Some words and phrases are defined in Section 1.1 17

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Denman Island Land Use Bylaw, 2008 for a relative and prohibiting further subdivision of the lot.

Covenant Against Further Subdivision and Development 22 Where:  a subdivision is proposed that yields the maximum number of lots permitted by the applicable minimum average lot area specified in Part 3; and  one or more of the lots being created has an area equal to or greater than twice the applicable minimum average lot area the applicant must grant a covenant complying with Regulation 4 of Section 1.2 in respect of every such lot prohibiting further subdivision of the lot. 23 Where:  a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable minimum average lot area specified in Part 3; and  one or more of the lots being created have areas equal to or greater than twice the applicable minimum average lot area the applicant must grant a covenant complying with Regulation 4 of Section 1.2 in respect of every proposed lot prohibiting further subdivision of the lot so that the potential number of lots is no greater than the number of lots that would have been created if the previous subdivision had created the maximum number of lots permitted by the applicable minimum or average lot area specified in Part 3. 24 Where the approval of a bare land strata plan creates common property on which this Bylaw would permit construction of a principal building, if the common property were a lot, the applicant must grant a covenant complying with Regulation 4 of Section 1.2 in respect of the common property prohibiting the further subdivision of the common property, the construction of any principal buildings on the common property, and the disposition of the common property separately from the strata lots.

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Denman Island Land Use Bylaw, 2008

3 ZONE REGULATIONS

3.1 Creation of Zones 1 The area included in Schedule B of this Bylaw is divided and designated into the following zones:

Zone Classification Zoning Code

Residential Zones Residential R1 Rural Residential R2

BL234 Co-housing R3 09/2022 Affordable Rental Housing R4 BL242 02/2023 Agriculture and Resource Zones Agriculture A Forestry F Resource RE

Commercial and Light Industrial Zones Commercial C Light Industrial L

Community Zones Institutional IN Conservation CN Park PK

Water Zones Marine Conservation W1 Marine Service W2 Aquaculture W3 Marine Protection W4 Lakes W5

3.2 Definition of Zones

Interpretation of Zone Boundaries 1 Except where otherwise specified the zone boundaries, together with any explanatory legends, notations and references in respect thereof, are delineated and described on a computer record compiled by means of geographic information software and a global positioning system (the “Zoning Map”). 2 The Zoning Map is kept at the Islands Trust Victoria Office and forms part of this Bylaw. 3 A generalised diagrammatic representation of the Zoning Map is annexed to this Bylaw as Schedule B. In the event of any conflict or inconsistency between the Zoning Map and Schedule B, the Zoning Map shall govern.

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Denman Island Land Use Bylaw, 2008 4 Where and to the extent only that a zone boundary also forms a boundary of a lot delineated on a plan deposited in the Land Title Office, in the event of conflict or inconsistency between the deposited plan and the Zoning Map the zone boundary shall be conclusively determined by reference to the plan deposited in the Land Title Office. 5 In the event of uncertainty regarding the location of the zone boundaries shown on Schedule B, the location shall be determined by the application of the following rules  where zone boundaries coincide with lot boundaries, the zone boundary is the lot boundary;  where zone boundaries run along a highway or other public way defined under the Highway Act, the zone boundary is the centre line;  where zone boundaries and the natural boundary of the sea coincide, the zone boundary is the natural boundary;  where zone boundaries coincide with Agricultural Land Reserve boundaries, the zone boundary is the Agricultural Land Reserve boundary; and  in all other cases, the zone boundary must be determined by scaling to the centre of the line demarking the zone boundary on the Zoning Map.

Interpretation of the Zoning Tables 6 In the zoning tables:  the table titles and column headings are part of the Bylaw;  a check mark in a column headed by the zoning code indicates that the uses, buildings or structures listed to the left, and no other uses, buildings and structures, are permitted in that zone;  the absence of a check mark in a column headed by the zoning code indicates that the uses, buildings or structures listed to the left are not permitted in that zone;  a number or a measurement of length or area in a column headed by the zoning code indicates that the specified number, length or area applies in that zone;  some zoning regulations are modified for one or more lots; the modified zoning regulations are in the table entitled “Site Specific Regulations” at the end of the section and apply to the land identified on Schedule B by the site-specific zoning code listed in the left-hand column of the table;  the abbreviation “n/a” in a column headed by a zoning code indicates that the regulation listed to the left does not apply in that zone; and  regulations listed in Table 7 “Subdivision” apply to the subdivision of land under the Land Title Act or the Strata Property Act.

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Denman Island Land Use Bylaw, 2008

3.3 Residential Zoning Tables

BL234 09/2022 Table 1 - Permitted Uses R1 R2 R3 R4

BL242 Principal Uses 02/2023 1 Residential   

2 Residential Rental Tenure Subject to registration of housing  agreement 3 Parks    

4 Utilities    

Accessory Uses

5 Home occupation uses listed in Section 2.4 accessory to a     principal residential use 6 Forest fungi production accessory to a residential use, on     lots 2.0 ha or larger 7 Horticulture and agriculture, accessory to a principal     residential use 8 Occasional wood working and wood processing using wood    obtained from the lot and accessory to a principal residential use 9 Generation of electricity from non-polluting renewable     sources and accessory to a principal residential use BL 211 10 Secondary suites and secondary dwelling units  *Secondary dwelling units must be approved through a Temporary Use Permit

11 Intensive agriculture on lots greater than 2.0 hectares    

12 Agri-tourism use on a lot classified as a farm under the BC    Assessment Act 13 Agri-tourism accommodation on lots larger than 4.0 ha and    classified as a farm under the BC Assessment Act where permitted by a Temporary Use Permit

BL234 09/2022 Table 2 - Permitted Buildings and Structures R1 R2 R3 R4 BL242 02/2023 1 Single family dwelling units   

2 Multi-family dwelling units 

3 Buildings and structures accessory to a constructed single    family dwelling unit 4 Buildings and structures accessory to a constructed multi-  family dwelling unit 5 Buildings and structures to accommodate horticulture,     agriculture and sale of horticultural and agricultural products 6 Buildings and structures for parks and utilities    

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7 Pit privies   

8 Fences    

9 Signs, subject to Section 2.6    

10 Portable sawmill accessory to a residential use, to    accommodate occasional wood working and wood processing 11 Buildings and structures for the generation of electricity     from non-polluting renewable sources 12 Common house  

13 One agricultural produce stand per lot, not exceeding 4.6    square metres (50 square feet) gross floor area

BL234 Table 3 - Density of Uses, Buildings and Structures R1 R2 R3 R4 09/2022 1 Minimum lot area per principal single family dwelling unit 1.0 ha 4.0 ha n/a n/a BL242 02/2023 2 Despite line 1 of this table, maximum number of single family 1 1 n/a n/a dwelling units on lots less than the minimum area shown in line 1 of this table 3 Subject to line 1 of this table, maximum number of dwelling 5 n/a 15 units per lot 4 Maximum combined lot coverage of buildings and structures 25% 25% n/a 10%

5 Maximum number of buildings or structures for the 1 1 1 3 generation of electricity from non-polluting sources

BL234 Table 4 – Height R1 R2 R3 R4 09/2022

BL242 1 Maximum height of principal buildings and structures 02/2023  located less than 100.0 metres from the natural 7.0 m 7.0 m 7.0 m 7.0 m boundary of the sea  located 100.0 metres or more from the natural 9.0 m 9.0 m 9.0 m 9.0 m boundary of the sea 2 Maximum height of buildings and structures

 accessory to a residential use 6.0 m 6.0 m 6.0 m 6.0 m

 used exclusively for agriculture 15.0 m 15.0 m 15.0 m 15.0 m

3 Maximum height of a fence 2.0 m 2.0 m 2.0 m 2.0 m

4 Maximum height of a pump/utility house located within a 2.5 m 2.5 m 2.5 m 2.5 m setback area 5 Maximum height of a boathouse 4.5 m 4.5 m 4.5 m 4.5 m

BL234 09/2022 Table 5 - Setbacks R1 R2 R3 R4 BL242 02/2023 In addition to regulations 1 to 5 in Section 2.3, the following setbacks apply 1 Minimum setback of buildings or structures, except for a fence, pump/utility house or pit privy

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 from the front lot line 7.5 m 7.5 m 30.0 m 10.0 m

 from the rear or side lot line 3.0 m 3.0 m 30.0 m 10.0 m

 from the exterior side lot line 4.5 m 4.5 m 30.0 m 10.0 m

2 Minimum setback from all lot lines for pit privies, agri-tourism 8.0 m 8.0 m 30.0 m 30.0 m accommodation, feeding troughs, manure piles and buildings and structures for housing animals for agriculture, except domestic chicken coops 3 Minimum setback from all lot lines for domestic chicken 3.0 m 3.0 m 30.0 m 10.0 m coops 4 Minimum setback for produce stands from the front lot line 4.5 m 4.5 m 4.5 m

BL234 09/2022 Table 6 - Floor Area R1 R2 R3 R4 BL242 1 Maximum gross floor area of a pump/utility house located 6.0 m2 6.0 m2 6.0 m2 10.0 m2 02/2023 within a setback area 2 Maximum gross floor area of a boathouse located within 30.0 m2 30.0 m2 n/a n/a 15.0 metres of the natural boundary of the sea 3 Maximum gross floor area of a single family dwelling unit n/a n/a 139.4 m2 n/a

4 Maximum gross floor area of a dwelling unit in a multi-family n/a n/a n/a dwelling 5 Maximum gross floor area of a common house n/a n/a 279 m2 n/a

6 Maximum combined gross floor area of all accessory n/a n/a 1275 m2 buildings and structures

Table 7 - Subdivision R1 R2 R3 R4 BL242 02/2023 1 Maximum density permitted by subdivision is an average of 1.0 ha 4.0 ha 35.0 ha one lot per 2 Minimum lot area permitted by subdivision, subject to the 1.0 ha 2.0 ha 35.0 ha regulations in 2.8

Table 8 - Site Specific Regulations

The regulations listed in tables 1 through 7 of this section apply to the land identified on Schedule B (the Zoning Map) by the site specific zoning code listed below on the left, except as varied by the relevant site specific regulation listed in this Table (Table 8)

Site Specific Site Specific Regulations Zoning Code R1(1) 1. In addition to Table 1 of this Section, accessory residential is a permitted use. 2. Despite lines 2 and 3 in Table 3 of this Section, the maximum number of accessory residential dwelling units permitted is one per lot, provided it is contained in or attached to the principal dwelling unit. 3. The maximum permitted gross floor area of an accessory residential dwelling unit is 56.0 square metres.

INFORMATION NOTE: The site specific regulations for R1(1) are to permit a use previously permitted on two specific lots.

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R1(2) 1. Despite lines 4 to 7 in Table 1 of this Section, the only accessory use permitted is accessory residential. 2. Despite line 2 in Table 2 of this Section, the only accessory buildings and structures permitted are cabins. 3. Despite lines 2 and 3 in Table 3 of this Section, the maximum number of cabins permitted is six per lot. 4. Despite Table 7 of this Section, the minimum lot area permitted is 3.75 hectares. 5. The maximum gross floor area of a permitted cabin is 56.0 square metres.

INFORMATION NOTE: The site specific regulations for R1(2) are to permit the historical use on one specific lot .

BL 200 R1(3) 1. Despite lines 1 and 2 in Table 3 of this Section, two dwelling units are permitted providing one is limited to a footprint of 18.6 m2 (200 square feet) and one storey.

INFORMATION NOTE: The site specific regulations for R1(3) are to permit the historical density on one specific lot.

BL 204 R1(4) 1 Despite Tables 2 and 3 of this section, single family dwelling units and buildings and structures accessory to single family dwelling units are not permitted and instead, one affordable housing dwelling unit is permitted, and buildings and structures accessory to the affordable housing dwelling unit are permitted. 2 In addition to Table 6 of this section, the maximum gross floor area for an affordable housing dwelling unit is 93 square metres. 3 Despite Section 2.1, travel trailers are not permitted to be stored on the lot or to be used as a principal dwelling unit. However, a travel trailer may be used on the lot for up to six months during construction of the affordable housing dwelling unit.. 4 Home occupation uses are permitted as an accessory use. Despite Section 2.4, home- based guest accommodation, welding shops, including sale of products produced on site, daycare, and automobile repair and maintenance, are not permitted.

R2(1) 1 In addition to the uses listed in Table 1 of this Section, a kennel accessory to a residential use is permitted. 2 In addition to the buildings and structures listed in Table 2 of this Section, buildings or structures for a kennel use are permitted. 3 In addition to the setbacks listed in Table 5 of this Section, the minimum setback from all lot lines for a kennel is 30.0 metres. R2(2) 1 In addition to the uses listed in Table 1 of this Section, a riding stable accessory to a residential use is permitted. 2 In addition to the building and structures listed in Table 2 of this Section, buildings or structures for a riding stable use are permitted. 3 In addition to the setbacks listed in Table 5 of this Section, the minimum setback from all lot lines for a riding stable is 30.0 metres. BL 200 R2(3) 1 Despite lines 1 and 2 in Table 3 of this Section, two dwelling units are permitted. R2(4) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 1.4 hectares. R2(5) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 3.33 hectares. BL 220 R2(6) 1 Despite line 1 in Table 7 of this Section, the maximum density permitted by subdivision is an average of one lot per 5.56ha.

BL242 R2(7) 1 Despite line 3 in Table 3 of this Section, the maximum number of single family dwellings 02/2023 permitted in the R2(7) zone is four.

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R2(8) 1 A Siting and Use Permit for a dwelling in the R2(8) zone must be accompanied by written certification from an appropriately qualified professional architect, engineer or energy advisor that the dwelling unit meets or exceeds the applicable requirements of Step 2 of the Energy Step Code in affect at the reference date of this bylaw amendment. 2 Despite line 1 in Table 7 of this Section, the maximum number of lots permitted by subdivision in the R2(8) zone is 5. 3 Despite line 1 in Table 7 of this Section, the minimum average lot area permitted by subdivision, subject to the regulations in 2.8 is 2.8 ha. 4 INFORMATION NOTE: The site specific regulations for R2(3), R2(4) and R2(5) are to permit the historical density on four specific lots. R4(1) 1 Despite line 7 of Table 1 of this Section, the following is not permitted: BL242 02/2023  the keeping of chickens or other livestock; 2 Despite line 3 in Table 3 of this Section, the maximum number of affordable dwelling units per lot is 20. 3 Despite line 4 in Table 3 of this Section, the maximum combined lot coverage of buildings and structures is 25%. 4 Despite line 1 in Table 4 of this Section, the maximum height of principal buildings and structures located 100.0 meters or more from the natural boundary of the sea is 10.0 m. 5 Despite line 1 in Table 5 of this Section, the minimum setback of a free standing photovoltaic solar array or water cistern from any interior lot line is 1.5m. 6 Despite line 1 in Table 5 of this Section, the minimum setback of all buildings and structures, except for free standing photovoltaic solar arrays and water cisterns, is 4.0 metres from an exterior lot line and 3.0 metres from an interior lot line. 7 Despite line 4 in Table 6 of this Section, the maximum gross floor area of an affordable dwelling unit is 140 m². 8 Despite Table 7 of this Section, the minimum lot area permitted by subdivision is 1.0 hectare. 9 Despite regulations 16 of Section 2.5, the minimum number of automobile parking spaces required is 1.0 per affordable housing unit. 10 Despite regulations 9, 12, and 15 in Section 2.8, the applicant must provide proof of a water license that permits the withdrawal of the licensed amount of groundwater.

R4(2) 1 Despite line 7 of Table 1 of this Section, the following is not permitted:  the keeping of chickens or other livestock;  the sale of agricultural and horticultural products, including their storage, processing and direct marketing; 2 Despite line 2 of Table 2 of this Section, multi-family dwelling units are limited to each building containing a maximum of two seniors affordable housing dwelling units, each having their own entrance, which may include an entrance from a common interior corridor or an exterior entrance. 3 Despite line 12 of Table 2 of this Section, a Common House is not permitted. 4 Despite line 3 in Table 3 of this Section, the maximum number of seniors affordable dwelling units per lot is 8. 5 Despite line 4 in Table 3 of this Section, the maximum combined lot coverage of buildings and structures is 25%. 6 Despite line 1 in Table 5 of this Section, the minimum setback of buildings or structures, except for a fence or pump/utility house  from the front lot line is 7.5 m  from the rear or side lot line is 3 m  from the exterior side lot line is 3 m

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7 Despite line 2 in Table 5 of this Section, the minimum setback from all lot lines for feeding troughs, manure piles and buildings and structures for housing animals for agriculture, except for domestic chicken coops is 8.0 m. 8 Despite line 3 in Table 5 of this Section, the minimum setback from all lot lines for domestic chicken coops is 3 m. 9 Despite line 4 in Table 6 of this Section, the maximum gross floor area of a seniors affordable dwelling unit is 65 m2. 10 Despite Table 7 of this Section, the minimum lot area permitted by subdivision is 0.7 hectares. 11 Despite regulations 16 and 17 of Section 2.5, the minimum number of automobile parking spaces required is 1.5 per seniors affordable housing unit, and the minimum number of bicycle parking spaces required is 0.5 per seniors affordable housing unit. 12 Despite regulations 9, 12, and 15 in Section 2.8, the applicant must provide proof of a water license that permits the withdrawal of the licensed amount of groundwater.

Table 9 – Conditions of Use R1 R2 R3 R4

1 On Agricultural Land Reserve lots where a secondary    dwelling or agri-tourism accommodation use is to be created, there must be an adequate supply of water, and sewage disposal capacity, for the use, and for this purpose the rules for proving water for a subdivision in Section 2.8 and proof from a qualified professional that the agri-tourism accommodation or dwelling is connected to an approved sewerage system apply

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3.4 Agriculture and Resource Zoning Tables

Table 1 - Permitted Uses A F RE Principal Uses

1 Residential   

2 Agriculture, including Intensive agriculture   

3 Horticulture   

4 Forest fungi production   

5 Forestry   

6 Parks   

7 Utilities   

Accessory Uses

7 Permitted home occupation uses listed in Section 2.4 accessory to    a principal residential use 8 Sale of forest products produced on-site and accessory to a    principal forestry use 9 Wood working and wood processing accessory to a principal    forestry use on lots 10.0 hectares or larger 10 Occasional wood working and wood processing using wood    obtained from the lot and accessory to a principal residential use 11 Generation of electricity from non-polluting renewable sources    accessory to a principal use BL 211 12 Secondary suite   

13 Secondary dwelling unit consistent with the Agricultural Land  Reserve Use Regulation 14 Secondary dwelling unit (requires approval by a Temporary Use   Permit) 15 Agri-tourism on a lot classified as a farm under the BC Assessment    Act 16 Agri-tourism accommodation on lots larger than 4.0 ha and    classified as a farm under the BC Assessment Act and consistent with the Agricultural Land Reserve Use Regulation 17 Agri-tourism accommodation on a lot classified as a farm under the   BC Assessment Act (requires approval by a Temporary Use Permit)

Table 2 - Permitted Buildings and Structures A F RE

1 Single family dwelling units   

2 Buildings and structures to accommodate agriculture and forestry   

3 Buildings and structures accessory to a constructed single family    dwelling unit 4 Buildings and structures to accommodate retail sale of farm    products 5 Buildings and structures to accommodate retail sale of forestry    products Some words and phrases are defined in Section 1.1 27

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6 Permanent sawmill on lots 10.0 hectares or larger   

7 On land in the Agricultural Land Reserve, a secondary dwelling unit    in accordance with the Agricultural Land Reserve Use Regulation    8 On land in the Agricultural Land Reserve, four (4) or fewer sleeping  units for agri-tourism accommodation in the form of either seasonal  campsites and/or a maximum of one (1) cabin on a property over 4  ha and must be classified under the BC Assessment Act as “Farm”  9 Portable sawmill accessory to a residential use, to accommodate    occasional wood working and wood processing, or accessory to a forestry use on lots larger than 10 hectares 10 Buildings and structures for parks and utilities   

11 Pit privies   

12 Fences   

13 Signs, subject to Section 2.6   

14 Buildings and structures for the generation of electricity from non-    polluting renewable sources

Table 3 - Density of Uses, Buildings and Structures A F RE

1 Minimum lot area per principal single family dwelling unit on land 15.0ha 64.0 ha 15.0 ha outside the Agricultural Land Reserve 2 Despite line 1 of this table, maximum number of single family 1 1 1 dwelling units on lots less than the minimum area shown in line 1 of this table 3 Subject to line 1 of this table, maximum number of dwelling units n/a 1 1 per lot 4 Maximum lot coverage by buildings and structures

 excluding greenhouses 35% 5% 10%  including greenhouses 75% 5% 10% 5 On land in the Agricultural Land Reserve, the total developed area  n/a n/a for buildings, landscaping, sewage disposal, parking and access for agri-tourism accommodation must be less than 1% of the total area of the parcel 6 On land in the Agricultural Land Reserve, maximum number of 1 1 1 single family dwellings per lot 7 On land in the Agricultural Land Reserve, maximum gross floor 410m2 410m2 410m2 area of a single family dwelling unit 8 On land in the Agricultural Land Reserve, maximum number of 1 1 1 secondary suites per lot (subject to 2.1.(4) and 2.1(5)) 9 On land in the Agricultural Land Reserve maximum number of 1 1 1 secondary dwelling units per lot

INFORMATION NOTE: the cumulative footprint of all dwellings (principal dwellings including any secondary suite and secondary dwelling) must not exceed 500 m2.

Table 4 - Height A F RE

1 Maximum height of principal buildings and structures for residential use

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 located less than 100.0 metres from the natural boundary of 7.0 m 7.0 m 7.0 m the sea  located more than 100.0 metres from the natural boundary 9.0 m 9.0 m 9.0 m of the sea 2 Maximum height of accessory buildings and structures 6.0 m 6.0 m 6.0 m

3 Maximum height of buildings and structures used exclusively for 15.0 m 15.0 m 15.0 m agricultural or forestry use except for buildings and structures used solely as silos or grain bins, on land in the Agricultural Land Reserve 4 Maximum height of a fence N/A 2.0 m 2.0 m

5 Maximum height of a pump/utility house located within a setback 2.5 m 2.5 m 2.5 m area 6 Maximum height of a boathouse 4.5 m 4.5 m 4.5 m

Table 5 - Setbacks A F RE

In addition to regulations 1 to 5 in Section 2.3, the following setbacks apply

1 Minimum setback of principal and accessory residential buildings or structures, except a fence, pump/utility house or pit privy  from the front lot line 10.0 m 10.0 m 10.0 m

 from the rear, side and exterior side lot lines 4.5 m 4.5 m 4.5 m BL 200 2 Minimum setback for buildings and structures used for other than residential purposes, except a fence, pump/utility house or pit privy  from the front or exterior side lot lines 10.0 m 30.0 m 30.0 m

 from the rear or side lot line 4.5 m 15.0 m 15.0 m  from an edge lot line 15.0 m 3 Minimum setback for intensive agriculture from any lot line 30.0 m 30.0 m 30.0 m

4 Minimum setback for buildings and structures associated with a 100.0 m 100.0 m 100.0 m permanent sawmill or wood processing from any lot line 5 Minimum setback from any lot line for a home occupation involving 15.0 m 15.0 m 15.0 m the manufacture, repair and assembly of goods 6 Minimum setback from any lot line for pit privies 8.0 m 8.0 m 8.0 m

7 Minimum setback from any lot line for agri-tourism accommodation 30.0 m 30.0 m 30.0 m

6 Minimum setback from any lot line for a produce stand with a gross 0m 0m 0m floor area no greater than 10m2

Table 6 - Floor Area A F RE 1 Maximum gross floor area of a pump/utility house located within a 6.0 m2 6.0 m2 6.0 m2 setback area 2 Maximum gross floor area of a building or structure for off-property 300.0 m2 200.0 m2 200.0 m2 retail sale of farm products or forestry products 3 Maximum gross floor area of a boathouse located within 15.0 30.0 m2 30.0 m2 30.0 m2 metres of the natural boundary of the sea 4 Maximum combined lot area used for the operation of permanent 200.0 m2 200.0 m2 200.0 m2 sawmills, excluding storage area

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Table 7 - Subdivision A F RE

1 Minimum lot area permitted by subdivision, subject to the 15.0 ha 64.0 ha 15.0 ha regulations in Section 2.8

Table 8 - Site Specific Regulations

The regulations listed in tables 1 through 7 of this section apply to the land identified on Schedule B (the Zoning Map) by the site specific zoning code listed below on the left, except as varied by the relevant site specific regulation listed in this Table (Table 8) Site Specific Site Specific Regulations Zoning Code A(1) 1 Despite Table 7 of this section, the minimum lot area is 64.0 hectares.

A(2) 1 In addition to the uses listed in Table 1 of this Section, a restaurant is a permitted principal use. 2 Despite Regulation 15 of Section 2.4, a maximum of five rooms may be used for home- based guest accommodation. INFORMATION NOTE: The site specific regulations for A(2) are to permit a use previously permitted on one specific lot.

A(3) 1 In addition to the uses listed in Table 1 of this Section, a private non-commercial burial site for the use of residents of the property is a permitted accessory use. A(4) 1 Despite Table 3, Regulation 1, the maximum number of dwelling units is one per 15 hectares. A(5) 1 Despite Table 1 of this section, no residential use is permitted.

2 Despite Table 2 of this section, single family dwelling units and buildings and structures accessory to a constructed single family dwelling unit are not permitted. 3 Despite Table 5 of this section, the minimum setback of principal and accessory residential buildings or structures, except a fence, pump/utility house or pit privy from the front, rear, side and exterior side lot lines is 30 m. 4 Despite Table 7 of this section, the minimum lot area permitted by subdivision, subject to the regulations in Section 2.8 is 13.0 ha. A(6) 1 Despite Table 7 of this section, the minimum lot area permitted by subdivision, subject to the regulations in Section 2.8 is 45.0 hectares. 2 Despite Table 3 of this section, the minimum lot area per principal single family dwelling unit is 45.0 hectares.

BL 194 A(7) 1 In addition to the uses listed in Table 1 of this section, hermitage is a permitted accessory use. 2 In addition to the buildings and structures listed in Table 2 of this section, mobile accessory buildings for overnight accommodation of people participating in the activities or programs of a hermitage on the same lot are permitted. 3 Despite section 2.1(4) up to eight mobile accessory buildings with a floor area not greater than 10m2 each may be used for overnight accommodation of hermitage participants. A(8) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 8.4 hectares. A(9) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 7.5 hectares. 2 If a lot in this zone is subdivided, a total of 4 dwelling units are permitted on the resulting lots.

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A(10) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 14.91 hectares. A(11) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 5.25 hectares. A(12) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 10.45 hectares. A(13) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 1.55 hectares. A(14) 1 Despite lines 1 and 2 in Table 3 of this Section, the minimum lot area per principal single family dwelling unit is 1.55 hectares. A(15) 1 Despite Table 7 of this Section, the minimum lot area is 0.8 hectares.

INFORMATION NOTE: The site specific regulations for A(8), A(9), A(10), A(11), A(12) and A(13) are to permit the historical density on seven specific lots. Approval from the Agricultural Land Commission may be required for more than one dwelling per lot.

BL 190 F(1) 1 Despite Table 7 of this section, the minimum lot area permitted by subdivision, subject to BL 234 the regulations in Section 2.8 is 20 ha.

Table 9 – Conditions of Use A F RE

1 On Agricultural Land Reserve lots where a secondary dwelling or    agri-tourism accommodation use is to be created, there must be an adequate supply of water, and sewage disposal capacity, for the *Agri- *Agri- use, and for this purpose the rules for proving water for a tourism tourism subdivision in Section 2.8 and proof from a qualified professional accommo accommo that the agri-tourism accommodation or dwelling is connected to an dation dation approved sewerage system apply. must be must be approved approved through a through a Temporary Temporary Use Use Permit Permit

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3.5 Commercial and Light Industrial Zoning Tables

Table 1 - Permitted Uses C L

Principal Uses

1 Residential  

2 Retail sales and rentals 

3 Restaurants and cafes 

4 Personal services 

5 Offices 

6 Occasional markets, fairs and festivals 

7 Parks  

8 Utilities 

9 Confectionary manufacturing 

10 Generation of electricity from non-polluting renewable sources accessory to a principal  residential or confectionary manufacturing use

Table 2 - Permitted Buildings and Structures C L

1 Attached or detached single family dwelling units  

2 Buildings and structures to accommodate permitted commercial uses 

3 Buildings and structures accessory to a residential use  

4 Structures to accommodate directories of island businesses 

5 Buildings and structures for parks and utilities  

6 Public Washrooms 

7 Fences  

8 Signs, subject to Section 2.6  

9 Buildings and structures to accommodate permitted light industrial uses 

10 Buildings and structures for the generation of electricity from non-polluting renewable  sources

Table 3 - Density of Uses, Buildings and Structures C L

1 Maximum number of single family dwelling units per lot 1 1

2 Maximum combined lot coverage of buildings and structures 40% 40%

Table 4 - Height C L

1 Maximum height of principal buildings and structures 9.0 m 9.0 m

2 Maximum height of accessory buildings and structures 6.0 m 6.0 m

3 Maximum height of a fence 2.0 m 2.0 m

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4 Maximum height of a pump/utility house located within a setback area 2.5 m 2.5 m

Table 5 - Setbacks C L

In addition to regulations 1 to 5 in Section 2.3, the following setbacks apply

1 Minimum setback of buildings or structures, except for a fence or pump/utility house

 from the front lot line 7.5 m 7.5 m

 from the rear or side lot line 3.0 m 3.0 m

 from the exterior side lot line 4.5 m 4.5 m

Table 6 - Floor Area C L

1 Maximum gross floor area of a pump/utility house located within a setback area 6.0 m2 6.0m2

2 Maximum floor area of a building for light industrial uses n/a 375 m2

Table 7 - Subdivision C L

1 Minimum lot area permitted by subdivision, subject to the regulations in Section 2.8 1.0 ha 2.0 ha

Table 8 - Site Specific Regulations

The regulations listed in tables 1 through 7 of this section apply to the land identified on Schedule B (the Zoning Map) by the site specific zoning code listed below on the left, except as varied by the relevant site specific regulation listed in this Table (Table 8). Site Specific Site Specific Regulations Zoning Code C(1) 1 In addition to Table 1 of this Section the following principal uses are permitted:  vehicle fuel service  propane sales for domestic purposes. 2 In addition to Table 2 of this Section, structures for vehicle fuel service and propane sales are permitted.

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3.6 Community Zoning Tables

Table 1 - Permitted Uses IN CN PK Principal Uses

1 Parks  

2 Public education 

3 Religious assembly 

4 Recycling Depot 

6 Cemeteries 

7 Emergency services 

8 Health care services 

9 Museum use 

10 Public assembly 

11 Occasional markets, fairs and festivals 

12 Passive recreation   

13 Sports facilities 

14 Utilities  

Table 2 - Permitted Buildings and Structures IN CN PK

1 Buildings for non-residential permitted uses  

2 Structures for non-residential permitted uses   

3 Fences   

4 Signs, subject to Section 2.6   

5 Pit privies  

6 Public washrooms  

BL 200 INFORMATION NOTE: For land in the Agricultural Land Reserve, the area occupied by buildings and structures used for biodiversity conservation, passive recreation, heritage, or wildlife and scenery viewing purposes may not exceed 100 m2 for each parcel without approval from the Agricultural Land Commission.

Table 3 - Density of Uses, Buildings and Structures IN CN PK

1 Maximum combined lot coverage of buildings and structures 40% n/a 5%

Table 4 - Height IN CN PK

1 Maximum height of buildings and structures 9.0 m 7.0 m 7.0 m

2 Maximum height of a fence 2.0 m 2.0 m 2.0 m

3 Maximum height of a pump/utility house located within a setback area 2.5 m n/a 2.5 m

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Table 5 - Setbacks IN CN PK

In addition to regulations 1 to 5 in Section 2.3, the following setbacks apply

1 Minimum setback of principal and accessory buildings or structures, except a fence, pump/utility house or a pit privy  from the front lot line 7.5 m n/a n/a

 from the rear or side lot line 3.0 m n/a n/a

 from the rear or exterior side lot line 4.5 m n/a n/a

2 Minimum setback for a pit privy from any lot line 8.0 m n/a 8.0 m

Table 6 - Floor Area IN CN PK

1 Maximum gross floor area of a pump/utility house located within a 6.0 m2 n/a 6.0 m2 setback area

Table 7 - Subdivision IN CN PK

1 Minimum lot area permitted by subdivision, subject to the regulations in 1.0 ha 64.0 ha 64.0 ha Section 2.8

Table 8 - Site Specific Regulations

The regulations listed in tables 1 through 7 of this section apply to the land identified on Schedule B (the Zoning Map) by the site specific zoning code listed below on the left, except as varied by the relevant site specific regulation listed in this Table (Table 8) Site specific Site Specific Regulations zoning code IN(1) 1 In addition to Table 1 of this Section, highway maintenance yard is a permitted use. IN(2) 1 In addition to Table 1 of this Section, community kitchen is a permitted use. 2 In addition to Table 6 of this Section, the maximum floor area of a building that may be used for a community kitchen, including storage, is 40.0 square metres. IN(3) 1 Despite Table 1 of this section, only Medical Health Centre is a permitted use. IN(4) 1 Despite Table 1 of this section, only hermitage is a permitted use. BL 194 2 In addition to the buildings and structures listed in Table 2 of this section, buildings and structures to accommodate a hermitage including those for overnight accommodation of hermitage participants are permitted. PK(1) 1 In addition to Table 1 of this Section, boat launching is a permitted use. 2 In addition to Table 2 of this Section, boat launching ramps are permitted. PK(2) 1 In addition to Table 1 of this Section, camping is a permitted use.

INFORMATION NOTE: The site specific regulations for PK(1) and PK(2) are to permit previously permitted uses in Bill Mee Park and Fillongley Park respectively.

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3.7 Water Zoning Tables

Table 1 - Permitted Uses W1 W2 W3 W4 W5

1 Public utilities     

2 Non-commercial boat anchorage and moorage    

3 Commercial boat anchorage and moorage 

4 Seaplane anchorage and moorage 

5 Marine parks    

6 Ferry terminals 

7 Boat launching 

8 Boat rentals and sales 

9 Marine fuel sales 

10 Take-out food service 

11 Shellfish aquaculture 

12 Water reservoir 

Table 2 - Permitted Buildings and Structures W1 W2 W3 W4 W5

1 Marine navigation aids    

2 Moorage buoys accessory to an adjacent upland     residential or park use 3 Wharves and docks 

4 Buildings to accommodate permitted  commercial uses, except take-out food services 5 Structures to accommodate permitted uses   

6 Breakwaters 

7 Boat launching ramps 

8 Ramps, floats, pilings and mooring buoys 

9 Mobile trailer for take-out food service 

10 signs, subject to Section 2.6     

Table 3 - Height W1 W2 W3 W4 W5

1 Maximum height of floating structures above the n/a 10.0 m n/a n/a n/a water surface, except for a breakwater 2 Maximum height above the high high water n/a 10.0 m n/a n/a n/a mark for buildings and structures fixed to the bed of the sea, except for a breakwater 3 Maximum height of buildings and structures on n/a 9.0 m n/a n/a n/a the upland portion in this zone BL 153

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Table 4 - Site Specific Regulations

The regulations listed in tables 1 through 7 of this section apply to the land identified on Schedule B (the Zoning Map) by the site specific zoning code listed below on the left, except as varied by the relevant site specific regulation listed in this Table (Table 8)

Site specific Site Specific Regulations zoning code W3(1) 1 Despite Table 2 of this Section, the following structures are not permitted:  Structures to accommodate permitted uses. W4(1) 1 In addition to Table 1 of this section, boat launching is a permitted use.

BL 200 2 In addition to Table 2 of this section, breakwaters and boat launching ramps are permitted. INFORMATION NOTE: The site specific regulations for W4(1) is to permit a previously permitted use on the water adjacent to Bill Mee Park.

Table 5 – Prohibited Uses

BL 225 July/2018 The regulations listed in this table are intended to be applied in conjunction with the provisions of Table 1, “Permitted Uses” in order to provide additional guidance and clarity on acceptable implementation actions and practices associated with the permitted uses.

Zoning Code Regulations

W1, W3, W4 1 Despite Table 1 of this Section, the use of vehicles and ground based machinery on the foreshore is prohibited. INFORMATION NOTE: Aquaculture operations that are licensed under the Fisheries Act (Canada) may be entitled to operate vehicles or ground based machinery in accordance with the terms of the license.

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4 DEVELOPMENT PERMIT AREA GUIDELINES

4.1 Development Permit Area 1: Komas Bluff - Guidelines Prior to undertaking any development, subdivision or land alteration, an owner of property within the Komas Bluff development permit area shall apply to the Denman Island Local Trust Committee for a development permit, and the following guidelines apply.

Guideline 1 Some properties or portions of properties may be in more than one development permit area; in this case, the guidelines of all development permit areas may apply. Guideline 2 In order to assist the Denman Island Local Trust Committee in determining conditions to be included in a development permit, the applicant will be required to provide, at their own expense, a geotechnical report certified by a professional engineer with experience in geotechnical engineering who is acceptable to the Trust Committee. The report must indicate that the proposed tree cutting, buildings, structures, land alteration, roads, driveways, or other proposed developments would not cause any potential erosion of soil or contribute to any land slip, rock fall, mud flow, sloughing, or water degradation. Guideline 3 No permanent building should be permitted in any area subject to sloughing or damage from sloughing. Guideline 4 No part of a septic tank, deposit field, or irrigation system should be constructed in any portion of the site that is subject to sloughing or damage from sloughing or in any area containing unstable soil or water which is subject to degradation. Guideline 5 Notwithstanding the drainage bylaw provisions or requirements, drainage facilities should be required to divert drainage away from any areas subject to sloughing or damage from sloughing. Guideline 6 Trees or other vegetation should be retained or replanted in order to control erosion along the top or the face of the bank. Guideline 7 All new lots created by subdivision should provide for suitable building sites in areas not subject to sloughing. Guideline 8 Subdivision applications should make provisions for clustering lots in areas away from the hazard area. Guideline 9 Prior to issuing a development permit, the local trust committee may require security in an amount acceptable to the local trust committee. Guideline 10 On receipt of a final report or written request, as stipulated in the development permit, the local trust committee shall return the security, minus any amount required to correct any unsafe conditions caused by a contravention of a condition in the development permit (see Appendix B). Guideline 11 Development permits issued in Development Permit Area No. 1: Komas Bluff should contain a condition stating that a letter must be submitted by a time specified in the development permit indicating that the work has been completed in accordance with the terms and conditions of the development permit.

4.2 Development Permit Area No. 2: Steep Slopes – Guidelines Prior to undertaking any development, subdivision or land alteration, an owner of property within the Steep Slopes development permit area shall apply to the Denman Island Local Trust Committee for a development permit, and the following guidelines apply.

Guideline 1 A development permit is required as follows: 1. Alteration of land by the cutting or removing of trees: i. on land that:  is not classified as managed forest land under the Assessment Act; and  is not the subject of a valid and subsisting woodlot license or tree farm license under the Forest Act; and ii. where the quantity cut or removed from the land is to exceed four trees smaller than 30 cm dbh and one tree equal to or larger than 30 cm dbh per parcel in any period of five consecutive calendar years. Some words and phrases are defined in Section 1.1 38

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Denman Island Land Use Bylaw, 2008 2. Development of any impervious surfaces. 3. Construction of buildings or structures. All other land alteration or development is exempt from the requirements of this development permit area. Guideline 2 Some properties or portions of properties may be in more than one development permit area; in this case, the guidelines of all development permit areas may apply. Guideline 3 No cutting or removal of trees shall be permitted in this development permit area unless development approval information in the form of an environmental impact assessment is provided by the applicant which indicates that the impact of the cutting or removal of trees is unlikely to have harmful effects on adjacent marine areas, surface drainage and groundwater, watercourses, uncommon or endangered plants or plant communities, and high value wildlife habitats. Guideline 4 Cutting or removing of trees should be done in accordance with a plan certified by a Registered Professional Forester or Registered Professional Biologist to maintain, enhance, or restore a well- developed forest ecosystem that includes: 1. a diversity of native tree species, 2. presence of large old trees, 3. diverse community of native understory plants, 4. any uncommon or endangered plants or plant communities that may be present, and 5. other features that contribute to high value wildlife habitat. Guideline 5 Prior to issuing a development permit, the local trust committee may require security in an amount acceptable to the local trust committee. Guideline 6 On receipt of a final report or written request, as stipulated in the development permit, the local trust committee shall return the security, minus any amount required to correct any damage to the natural environment caused by a contravention of a condition in the development permit (see Appendix B). Guideline 7 Development permits issued in Development Permit Area No. 2: Steep Slopes should contain a condition stating that a letter must be submitted by a time specified in the development permit indicating that the work has been completed in accordance with the terms and conditions of the development permit.

4.3 Development Permit Area No. 3: Lacon Road Coast - Guidelines Prior to undertaking any development, subdivision or land alteration, an owner of property within the Lacon Road Coast development permit area shall apply to the Denman Island Local Trust Committee for a development permit, and the following guidelines apply.

Guideline 1 A development permit is required as follows: 1. Alteration of land by the cutting or removing of trees on land that:  is not classified as managed forest land under the Assessment Act; and  is not the subject of a valid and subsisting woodlot license or tree farm license under the Forest Act. 2. Alteration of land by the development of any impervious surfaces. 3. Alteration of land by the construction of buildings or structures. All other land alteration or development is exempt from the requirements of this development permit area. Guideline 2 Some properties or portions of properties may be in more than one development permit area; in this case, the guidelines of all development permit areas may apply. Guideline 3 In order to assist the Denman Island Local Trust Committee in determining conditions to be included in a development permit, the applicant will be required to provide, at their own expense, a geotechnical report certified by a professional engineer with experience in geotechnical engineering who is acceptable to the Trust Committee. The report must indicate that proposed tree cutting, buildings, structures, land alteration, roads, driveways, or other proposed developments do not cause any potential erosion of soil or contribute to any land slip, rock fall, mud flow, sloughing, or water degradation. Guideline 4 No permanent buildings should be permitted in any area subject to sloughing or damage from sloughing.

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Denman Island Land Use Bylaw, 2008 Guideline 5 Notwithstanding the drainage bylaw provisions or requirements, drainage facilities should be required to divert drainage away from any areas subject to sloughing or damage from sloughing. Guideline 6 Along the top or face of the bank, trees or other vegetation should be retained or replanted in order to control erosion. Guideline 7 Cutting or removing of trees should be done in accordance with a plan certified by a Registered Professional Forester or Registered Professional Biologist to maintain, enhance, or restore a well- developed forest ecosystem that includes: 1. a diversity of native tree species; 2. presence of large old trees; 3. diverse community of native understory plants; 4. any uncommon or endangered plants or plant communities that may be present; and 5. other features that contribute to high value wildlife habitat. Guideline 8 Prior to issuing a development permit, the local trust committee may require security in an amount acceptable to the local trust committee. Guideline 9 On receipt of a written request, as stipulated in the development permit, the local trust committee shall return the security, minus any amount required to correct any damage to the natural environment or unsafe conditions caused by a contravention of a condition in the development permit. Guideline 10 Development permits issued in Development Permit Area No. 3: Lacon Road Coast should contain a condition stating that a letter must be submitted by a time specified in the development indicating that the work has been completed in accordance with the terms and conditions of the development permit.

4.4 Development Permit Area No. 4: Streams, Lakes and Wetlands - Guidelines BL213 Prior to undertaking any development, subdivision or land alteration, an owner of property within the Streams, Lakes and Wetlands development permit area shall apply to the Denman Island Local Trust Committee for a development permit.

4.4.1 Applicability The following activities shall require a development permit whenever they occur within the DPA, unless specifically exempted below:

a) Subdivision of land; b) Construction of, addition to or alteration of a building or other structure; c) Alteration of land; d) Development as that term is defined in the Riparian Areas Regulation, BC Fish Protection Act; and e) Installation of any structures within a stream or within the natural boundary of a lake.

A separate development permit, or additional development permit conditions in a single permit, may be required or imposed if the development is occurring in another development permit area designated in this plan.

4.4.2 Exemptions The following activities are exempt from any requirement for a development permit:

a) works undertaken by a local government or a body established by a local government; b) agricultural activities within a seasonally flooded agricultural field that is in the Agricultural Land Reserve as long as it can be determined by site inspection and/or by current orthophoto interpretation that it has been previously modified for agriculture. If it is not possible to make the determination by these means, other historical evidence that agricultural activities have occurred in the subject area within the last 50 years from the date of the application may be acceptable; c) the following properties are recognized as containing seasonally flooded agricultural fields and are exempt from requiring a development permit for agricultural activities as long as they remain in the Agricultural Land Reserve: Lot A, Section 32, Denman Island, Nanaimo District, Plan VIP 61295; Lot 1, Section 17, Denman Island, Nanaimo District, Plan 43576; Lot 2, Section 17, Denman Island, Nanaimo District, Plan 43576; Some words and phrases are defined in Section 1.1 40

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Denman Island Land Use Bylaw, 2008 The South East ¼ of Section 26, Denman Island, Nanaimo District; The North West ¼ of the North West ¼ of Section 22, Denman Island, Nanaimo District; and The South West ¼ of Section 13, Denman Island, Nanaimo District; d) for certainty, all uses that are not residential, commercial or industrial or accessory to such a use; e) interior or exterior alterations, renovations, maintenance, reconstruction or repair to a pre-existing permanent building or structure to an extent that does not alter, extend or otherwise increase the footprint; f) repair or replacement of a septic field on the same spot; g) the removal of trees that have been examined by an arborist and certified to pose an immediate threat to life or property; h) 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 that does not alter the general contours of the land; i) manual removal of invasive species and manual planting of native vegetation conducted in accordance with best management practices; j) 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 extent 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; k) ecological restoration or enhancement projects undertaken or authorized by a public body;

l) changes in or about a stream authorized under Section 9 of the Water Act; m) work that is authorized by Fisheries and Oceans Canada by permit under Section 35 of the Fisheries Act; n) 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; o) 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 Denman Island Land Use Bylaw 177; p) 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; q) The construction of a private trail if all of the following 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 v. Where the trail parallels the stream, the trail is more than 5 meters away from the high water mark of a stream; r) 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 squared; and s) 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.

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Denman Island Land Use Bylaw, 2008 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 Invasive 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.

4.4.3 Guidelines Prior to undertaking any development activities within the Streams, Lake and Wetlands DPA an owner of property shall apply to the Local Trust Committee for a development permit, and the following guidelines apply: Guideline 1 In general, all development in this DPA should be undertaken in a manner that minimizes impact on and that restores or maintains the proper functioning condition of the riparian area, water bodies and ecosystems. Where a Qualified Environmental Professional (QEP) or other professional has made recommendations for mitigation measures, enhancement 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 protection of riparian areas and ecosystems is consistent with the measures and recommendations described in the report.

Guideline 2 The development permit should not allow any development activities, including the storage or application of pesticides and other chemicals for non-essential cosmetic purposes, to take place within any Streamside Protection and Enhancement Area (SPEA) identified by the QEP or riparian buffer recommended by another professional adjacent to a non-RAR applicable watercourse, lake or wetland, and the owner should be required to implement a plan for protecting the SPEA or riparian buffer over the long term through measures that may be implemented as conditions of the development permit.

Guideline 3 Where the QEP or other professional’s report describes an area as suitable for development with special mitigating measures, 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.

Guideline 4 The following guidelines are applicable to floats and associated structures within the development permit area: i) floats should not be placed in areas identified as important to fish life processes where installation of a float would compromise the functioning of the processes; ii) a ramp or float should not rest on the bed of the water body; iii) the use of treated wood in the water body should be avoided; iv) floatation material should be contained within a durable shell to prevent disintegration; v) pervious surfacing should be used on ramps and floats (e.g. grating or separated boards); vi) any areas disturbed during installation should be restored; vii) where a float is being replaced, all old materials should be removed from the riparian area. Guideline 5 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 Committee may require the applicant to have the professional update the assessment at the applicant’s expense and DP conditions may be amended accordingly.

Guideline 6 The Local Trust Committee may consider variances to subdivision or siting or size regulations 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.”

4.5 Development Permit Area No. 5: Village - Guidelines Some words and phrases are defined in Section 1.1 42

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Denman Island Land Use Bylaw, 2008 Prior to undertaking any development, subdivision or land alteration, an owner of property within the Village development permit area shall apply to the Denman Island Local Trust Committee for a development permit, and the following guidelines apply.

Guideline 1 A development permit is required for the following: 1. construction or alteration to existing structures if the size of the alteration adds any floor area to the building or structure, or if additional off-street parking is required (according to the Land Use Bylaw); 2. modifications to existing buildings and structures that involve replacing the siding or roofing using a different material. All other land alteration or development including subdivision is exempt from the requirements of this development permit area. Guideline 2 General 1. Building heights should be in keeping with local bylaws and surrounding structures. Minor height variances may be considered if such a variance achieves an objective of this development permit area by providing more outdoor space for landscaping or public amenities. 2. Building setbacks should be in keeping with local bylaws. Setback variances may be considered if such a variance achieves an objective of this development permit area by providing more outdoor space for landscaping or public amenities; however, setback relaxations will not be considered for property lines abutting the Rural Residential 1 (R1), Rural Residential 2 (R2) and Agriculture (A) zones

INFORMATION NOTE: Setback relaxations from the highway right-of-way resulting in a setback of less than 4.5 metres will be subject to approval by the Ministry of Transportation 3. The use of natural materials, such as wood and stone, is encouraged for building finishes and such materials should be capable of blending in with the aesthetic qualities of the natural surrounding. 4. The form of the development should incorporate low, small scale building designs with such amenities as public walkways and outdoor open spaces for use by visitors. 5. All rooftop mechanical equipment, including but not limited to air conditioning units, communication devices and vents, should be screened from view. 6. Vending machines or other product storage areas located outside the building should be screened in such a way that they are not visible from a public right-of-way or an adjacent property.

Guideline 3 Landscaping 1. Natural vegetation and trees should be maintained for screening of parking, storage and loading areas and to enhance the privacy and rural character of public open spaces. 2. Developments on lots adjacent to residential properties should contain a vegetation buffer of a height and thickness to adequately screen the residential use from the development and any on-site parking. Fences may be considered, but only if it can be demonstrated that a vegetation buffer is not suitable. 3. Fencing should be constructed of natural materials and designed to blend with the overall character of the development. 4. Landscaping next to the Dora Drinkwater Creek should be left natural. 5. If lighting is desirable, it should be designed to illuminate walkway and parking areas for safety purposes. Light fixtures should be low to the ground, incorporate devices to reduce light leakage and designed in such a way so as to not illuminate an adjacent property or right-of- way.

Guideline 4 Signs 1. Signage should be grouped and made of materials and be of a character that match the natural materials of the development. 2. Neon or internally lit signs should not be permitted, except that a small neon sign that advertises a business as open or closed may be permitted.

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Denman Island Land Use Bylaw, 2008 3. Signs should be located in such a way that they enhance the appearance of the development and are of a scale and height suitable for a pedestrian environment.

Guideline 5 Parking 1. Off-street automobile parking should be located away from public open spaces. Parking requirements may be reduced to permit landscaping to meet the objectives of this development permit area. 2. Parking access onto any road should be approved by the Ministry of Transportation. 3. Parking access should be directed away from non-commercial areas and onto major roads only. 4. The use of impermeable parking surfaces is not encouraged to reduce surface water run-off and enhance the appearance of the Village.

4.6 Development Permit Area No. 6: Community Boat Launch – Guidelines Prior to undertaking any development, subdivision or land alteration, an owner of property within the Community Boat Launch development permit area shall apply to the Denman Island Local Trust Committee for a development permit, and the following guidelines apply.

Guideline 1 The number of access points from the road shall be limited to one to access the community boat launch parking area.

Guideline 2 The number of access points to the beach area shall be limited to one to access the community boat launch.

Guideline 3 A 15 metre wide tree canopy and shrub buffer shall be retained along the shoreline and along property lines fronting road right-of-ways.

Guideline 4 Construction in this buffer and tree canopy shall be limited to access to the community boat launch.

Guideline 5 Eagle nesting trees and perch trees shall be protected.

Guideline 6 Prior to any community boat launch or parking improvements a site plan showing traffic circulation, boat launch parking layout, drainage works and tree canopy and shrub buffer strips should be attached to the development permit application.

4.7 Development Permit Area No. 7: Light Industrial – Guidelines Prior to undertaking any development, subdivision or land alteration, an owner of property within the Light Industrial development permit area shall apply to the Denman Island Local Trust Committee for a development permit, and the following guidelines apply.

Guideline 1 A development permit is required for the following: 1. construction or alteration to existing structures if the size of the alteration adds any floor area to the building or structure, or if additional off-street parking is required (according to the Land Use Bylaw); 2. modifications to existing buildings and structures that involve replacing the siding or roofing using a different material. All other land alteration or development including subdivision is exempt from the requirements of this development permit area. Guideline 2 General 1. Building heights should be in keeping with local bylaws and surrounding structures. Minor height variances may be considered if such a variance achieves an objective of this development permit area by providing more outdoor space for landscaping or public amenities.

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Denman Island Land Use Bylaw, 2008 2. Building setbacks should be in keeping with local bylaws. Setback variances may be considered if such a variance achieves an objective of this development permit area by providing more outdoor space for landscaping or public amenities; however, setback relaxations will not be considered for property lines abutting the Rural or Sustainable Resource designation. INFORMATION NOTE: Setback relaxations from the highway right-of-way resulting in a setback of less than 4.5 metres will be subject to approval by the Ministry of Transportation and Highways. 3. The use of natural materials, such as wood and stone, is encouraged for building finishes and such materials should be capable of blending in with the aesthetic qualities of the natural surrounding. 4. The form of the development should incorporate low, small scale building designs with such amenities as public walkways and outdoor open spaces for use by employees and visitors to the business. 5. All rooftop mechanical equipment, including but not limited to air conditioning units, communication devices and vents, should be screened from view. 6. Storage areas located outside the building should be screened in such a way that they are not visible from a public right-of-way or an adjacent property. Guideline 3 Landscaping 1. Natural vegetation and trees should be maintained for screening of parking and storage areas and to enhance the privacy and rural flavour of public open spaces. 2. Developments on lots adjacent to residential properties should contain a vegetation buffer of a height and thickness to adequately screen the residential use from the development and any on-site parking. Fences may be considered, but only if it can be demonstrated that a vegetation buffer is not suitable. 3. Fencing should be constructed of natural materials and designed to blend with the overall character of the development. 4. Landscaping next to a steam, lake or wetland should be left natural. Landscaping should be consistent with the guidelines in Development Permit Area No. 4: Streams, Lakes and Wetlands. 5. If lighting is desirable, it should be designed to illuminate walkway and parking areas for safety purposes. Light fixtures should be low to the ground, incorporate devices to reduce light leakage and designed in such a way so as to not illuminate an adjacent property or right-of- way. Guideline 4 Signs 1. Signage should be grouped and made of materials and be of a character that match the natural materials of the development. 2. Neon or internally lit signs should not be permitted, except that a small neon sign that advertises a business as open or closed may be permitted in the building. 3. Signs should be located in such a way that they enhance the appearance of the development and are of a scale and height suitable for a rural environment. Guideline 5 Parking 1. Off-street automobile parking should be located away from public open spaces. Parking requirements may be reduced to permit landscaping to meet the objectives of this development permit area. 2. Parking access onto any road should be approved by the Ministry of Transportation. 3. Parking access should be directed away from residential areas and onto major roads only. 4. The use of permeable parking surfaces is encouraged to reduce surface water run-off and enhance the rural appearance. BL 200 5. TEMPORARY USE PERMITS

BL 211 Area 1 Some words and phrases are defined in Section 1.1 45

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Denman Island Land Use Bylaw, 2008 The Local Trust Committee may issue Temporary Use Permits for barge loading and unloading in only the following designations shown on Schedule C:  Water  Residential  Rural  Sustainable Resource.

Objectives Objective 1 To permit temporary barge loading and unloading

Guidelines Conditions in the Permit should follow the guidelines below: Guideline 1 Permits should be issued only to permit barge loading and unloading. Guideline 2 Permits should be issued for a maximum of 30 days. Guideline 3 Permits should not be issued for locations that are environmentally sensitive or are located within the vicinity of a wildlife nesting tree. Guideline 4 Permits should contain conditions addressing the operational plan, including hours and days of operation, to ensure compatibility with neighbouring residences. Guideline 5 Permits may include, as a condition, the provision of an undertaking by the owner of the affected land to remove and restore land to a condition specified in the permit by a date specified in the permit. Guideline 6 Permits may include, as a condition, the provision of security to guarantee the performance of the terms of the permit. Guideline 7 Permits should not be issued without evidence of valid approval from the British Columbia Assets and Land Corporation and the Federal Department of Fisheries and Oceans.

BL 211 Area 2 The Local Trust Committee may issue Temporary Use Permits for secondary dwelling units on lands zoned as “R2” (Rural Residential), “F” (Forestry) and “RE" (Resource). For clarity, Temporary Use Permits are not required for secondary dwellings within the “A” (Agriculture) zone if the parcel is within the Agricultural Land Reserve so long as they are consistent with the Agricultural Land Reserve Use Regulation.

Objective To permit secondary dwelling units where considered appropriate to address housing objectives as defined in the Official Community Plan.

Guidelines Guideline 1 Upon application, Temporary Use Permits may be considered for all parcels of land zoned as “R2” (Rural Residential), “F” (Forestry) and “RE" (Resource) by the Denman Island Land Use Bylaw. Guideline 2 Compliance with the requirements of the “Secondary Suites and Accessory Dwellings” regulations of Part 2, “General Regulations”, is a condition of approval. Guideline 3 Applications for Temporary Use Permits may be referred to the Advisory Planning Commission, which may be requested to provide an opportunity for public input to be received and considered in preparing its recommendations. Guideline 4 Where approvals are required from other agencies, these should be obtained prior to the issuing of a Temporary Use Permit. Guideline 5 The general conditions for issuing a Temporary Use Permit are as follows: a) Adequate off-road parking should be provided;

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Denman Island Land Use Bylaw, 2008 b) There should be adequate provision for approved waste disposal before consideration is given by the Local Trust Committee; c) Water supply should be addressed so as to not create negative impacts upon existing common water sources; and d) Other requirements that the Local Trust Committee may consider appropriate.

Area 3

The Local Trust Committee may issue Temporary Use Permits for agri-tourism accommodation on lands zoned as “R1” (Residential), “R2” (Rural Residential), “R3” (Co-housing), “F” (Forestry) and “RE" (Resource) on a farm classified under the BC Assessment Act as “Farm” over 4 hectares in size. For clarity, Temporary Use Permits are not required for agri-tourism accommodation within the “A” (Agriculture) zone if the parcel is within the Agricultural Land Reserve.

Objective To permit flexibility for the provision of small scale agri-tourism accommodation in conjunction with agricultural uses and farm activities that support seasonal economic opportunities for farmers. Agri-tourism accommodation in the form of home-based guest accommodation units in the principal dwelling are subject to Section 2.4.

Guidelines Guideline 1 Agri-tourism accommodation is limited to four (4) or fewer sleeping units in the form of either seasonal campsites and/or a maximum of one (1) cabin.

Guideline 2 The total developed area for buildings, landscaping, sewage disposal, parking and access for the accommodation must be less than 1% of the total area of the parcel;

Guideline 3 The accommodation should be sited and designed to address: • Locating the accommodation on poorer agricultural capability soils and away from environmentally sensitive areas; • The provision of access to the accommodation that avoids conflict with agricultural uses on the farm and adjacent farms; • Mitigating possible negative impacts using landscape buffers and screening subject to Section 2.7; • The provision of adequate potable water and sewage disposal; • The provision of adequate off-road parking; and • Other requirements deemed necessary by the Local Trust Committee.

Some words and phrases are defined in Section 1.1 47